2014 08 05 SAAgendas and staff reports are now
available on the City's web page:
www.la-quinta.org
SUCCESSOR AGENCY
To The La Quinta Redevelopment Agency
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
SPECIAL MEETING ON TUESDAY, AUGUST 5, 2014 AT 4:00 P.M.
CALL TO ORDER
ROLL CALL:
Agency Members: Evans, Franklin, Henderson, Osborne, Chairperson Adolph
CLOSED SESSION - NONE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the Successor Agency on any matter not
listed on the agenda. Please complete a "request to speak" form and limit your comments
to three minutes. The Successor Agency 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 — NONE
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
APPROVE SPECIAL MEETING MINUTES OF JULY 15, 2014 4
Special SUCCESSOR AGENCY TO RDA AGENDA 1
AUGUST 5, 2014
BUSINESS SESSION
1 APPROVE AMENDED LONG RANGE PROPERTY MANAGEMENT 6
PLAN GOVERNING THE DISPOSITION AND USE OF REAL
PROPERTIES ACQUIRED BY THE DISSOLVED LA QUINTA
REDEVELOPMENT AGENCY
STUDY SESSION - NONE
REPORTS AND INFORMATIONAL ITEMS - NONE
DEPARTMENTAL REPORTS - NONE
CHAIR AND BOARD MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
ADJOURNMENT
For information about the next special meeting of the City as Successor Agency to
the La Quinta Redevelopment Agency, please contact the City Clerk's Office at
760-777-7000.
DECLARATION OF POSTING
1, Susan Maysels, Agency Secretary of the City as Successor Agency to the La
Quinta Redevelopment Agency, do hereby declare that the foregoing agenda was
posted near the entrance to the Council Chambers at 78-495 Calle Tampico and on
the bulletin boards at the La Quinta Cove Post Office at 51-321 Avenida Bermudas
and at the Stater Brothers Supermarket at 78-630 Highway 111 , on August I ,
2014.
DATED: August 1, 2014
SUSAN MAYSELS, Agency Secretary
Successor Agency to the
La Quinta Redevelopment Agency
Special SUCCESSOR AGENCY TO RDA AGENDA 2
AUGUST 5, 2014
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's
Office at 777-7103, twenty-four (24) hours in advance of the meeting and
accommodations will be made.
If special electronic equipment is needed to make presentations to the
Successor Agency, arrangement should be made in advance by contacting
the City Clerk's Office at 777-7103. A one (1) week notice is required.
If background material is to be presented to the Successor Agency during a
meeting, please be advised that eight (8) copies of all documents, exhibits,
etc., must be supplied to the City Clerk for distribution. It is requested that
this take place prior to the beginning of the meeting.
Any writings or documents provided to a majority of the Successor Agency
regarding any item on this agenda will be made available for public inspection
at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La
Quinta, California, 92253, during normal business hours.
Special SUCCESSOR AGENCY TO RDA AGENDA 3
AUGUST 5, 2014
SUCCESSOR AGENCY TO THE
LA QUINTA REDEVELOPMENT AGENCY
MINUTES
TU ES DAY, J U LY 15, 2014
A regular meeting of the La Quinta City Council in their capacity as Successor Agency
to the La Quinta Redevelopment Agency ("SA") was called to order at 4:44 p.m. by
Chairperson Adolph.
PRESENT: Agency Members Evans, Franklin, Henderson, Osborne, Chair Adolph
ABSENT: None
CLOSED SESSION — None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None
CONFIRMATION OF AGENDA — Confirmed
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS — None
CONSENT CALENDAR
1. APPROVE MINUTES OF APRIL 15,2014
2. APPROVE SPECIAL MEETING MINUTES OF JUNE 17,2014
3. ADOPT A RESOLUTION TO APPROVE EXPENDITURE OF FORMER
REDEVELOPMENT AGENCY BOND PROCEEDS FOR SILVERROCK GOLF
COURSE RESTORATION PROJECT [RESOLUTION SA 2014-008]
MOTION — A motion was made and seconded by Agency Members Evans/Franklin to
approve the Consent Calendar as recommended with Item No. 3 adopting Resolution
SA 2014-008. Motion passed unanimously.
STUDY SESSION — None
BUSINESS SESSION — None
ADJOURNMENT
There being no further business, it was moved and seconded by Agency Members
Fran kI i n/Osborne to adjourn at 4:44 p.m. Motion passed unanimously.
Respectfully submitted,
SUSAN MAYSELS, Agency Secretary
CITY AS SUCCESSOR AGENCY TO RDA 1 July 15, 2014
OF
CITY / SA / HA / FA MEETING DATE: August 5, 2014 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: APPROVE AMENDED LONG RANGE
PROPERTY MANAGEMENT PLAN GOVERNING THE CONSENT CALENDAR:
DISPOSITION AND USE OF REAL PROPERTIES STUDY SESSION:
ACQUIRED BY THE DISSOLVED LA QUINTA
REDEVELOPMENT AGENCY PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the amended Long Range Property Management Plan and authorize the
Executive Director to submit to the California Department of Finance.
EXECUTIVE SUMMARY:
AB 1X 26 dissolved the City's Redevelopment Agency and established the
Successor Agency to the La Quinta Redevelopment Agency ("Agency") as of
February 1, 2012.
In June 2012, AB 1484 was enacted to make technical and substantive
amendments to AB 1 X 26, including a requirement for successor agencies to
prepare Long Range Property Management Plans (LRPMPs).
The Agency adopted the LRPMP on January 21, 2014 and submitted it to
the California Department of Finance (DOF) who subsequently instructed
changes and preliminarily approved the document prior to resubmittal.
The DOF determined that 1) the undeveloped public golf course (adjacent to
SilverRock) and civic/cultural events facilities (Ahmanson Ranch) needed to
be changed from a government use to a future development designation; 2)
appraised value is to be identified (appraisals were prepared in anticipation of
this change); and 3) language must be added expressing the City's intent to
enter compensations agreements with certain parcels.
Once the LRPMP (Attachment 1) is officially approved by DOF, parcels
designated as government use can be transferred to the City. Parcels
designated as future development require compensation agreements with
other taxing agencies, so they may receive a pro rata share of any payment
received by the City after these parcels have been transferred to the City
from the Successor Agency.
FISCAL IMPACT:
None.
BACKGROUNDANALYSIS:
The LRPMP includes all properties that the DOF has ruled must be part of a long
range LRPMP. The properties listed are categorized as Road way/Wal kway, Village
Public Parking Lot, and SilverRock public use parcels. The DOF did not instruct
changes to the Road way/Wa I kway, Village Public Parking Lot parcels, and a portion
of the SilverRock public use parcels (Public Park and Public Facilities/Well Site),
which means they can be transferred to the City for zero value once the LRPMP is
officially approved by the DOF. A LRPMP tracking sheet must also be submitted
and details the changes (Attachment 2).
SilverRock Public Use Properties
After a series of conversations with DOF staff, they instructed changes in the
designation of the Public Golf Course and Civic and Cultural Events Facilities.
Public Golf Course - change in designation from government use to future
development because the site is undeveloped;
Civic and Cultural Events Facilities - change in designation from government
use to future development because the site is not an actual governmental
facility like a post office or city hall.
Properties can be transferred to the City, but a compensation agreement
must be entered into with the other taxing entities for a negotiated value;
The properties were purchased with tax-exempt bond proceeds and therefore
place restrictions on the site. The parcels were appraised for a negative
value when the bond encumbrances were factored into the amount, but the
DOF wants to show the positive value (free of encumbrances) as well.
Upon approval by the Successor Agency, Oversight Board and DOF, the LRPMP
governs and supersedes all other provisions of the dissolution law relating to the
disposition and use of the Agency's real property assets. The Oversight Board will
consider the LRPMP on August 6, 2014. Thereafter, the City will reach out to
other taxing entities to review and seek approval of compensation agreements.
ALTERNATIVES:
As the DOF preliminarily approved the revised LRPMP, staff does not recommend
an alternative. Staff is aware that the DOF has provided similar preliminary
approval for other property management plans of other successor agencies, which
has expedited the process for achieving final approval by DOF.
Report prepared by: Chris Escobedo, Assistant to City Manager
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1. LRPMP
2. LRPMP Tracking Worksheet
ATTACHMENT 1
LONG RANGE PROPERTY MANAGEMENT PLAN
SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY
July 22, 2014
78-495 Calle Tampico
La Quinta, California 92253
LONG RANGE PROPERTY MANAGEMENT PLAN
Successor Agency to the La Quinta Redevelopment Agency
Table of Contents
INTRODUCTION............................................................................................................ 34
ROADWAY/WALKWAY PROPERTIES .............................................................................. 44
VILLAGE PUBLIC PARKING LOT ...................................................................................... 74
SILVERROCK PUBLIC USE PARCELS .............................................................................. 104
ATTACHMENTS:
LONG RANGE PROPERTY MANAGEMENT PLAN SUMMARY WORKSHEET
APPENDICES
Appendix 1: Public Right of Way Transfer Staff Report (3 pages)
Appendix 2: SilverRock Golf Course Management Agreement (62 pages)
Appendix 3: SilverRock Dust and PM-10 Control Contract Services and Revocable License
Agreement (29 pages)
Appendix 4: SilverRock Domestic Water and Sanitation System Installation and Irrigation
Service Agreement (70 pages)
Appendix 5: SilverRock Specific Plan (70 pages)
2
INTRODUCTION
Governor Brown signed ABx1 26 and ABx1 27, a pair of budget trailer bills, on June 28, 2011,
which made significant changes to the California Health and Safety Code (HSC). The California
Redevelopment Association and League of California Cities filed a lawsuit in the California
Supreme Court challenging the constitutionality of ABx1 26 and ABx1 27. The Supreme Court
issued a decision on December 29, 2011, finding that ABx1 26 was constitutional, ABx1 27 was
invalid, and the two bills may be severed from one another. The Supreme Court also modified
ABx1 26 to effect the dissolution of redevelopment agencies as of February 1, 2012.
On June 27, 2012, Governor Brown signed AB 1484 into law, another budget trailer bill, which
amended ABx1 26 and made changes to the redevelopment agency dissolution process. The
Long Range Property Management Plan ("PMP") was included in AB 1484 as a tool for successor
agencies to manage the disposition and use of real property assets in the ownership of the
redevelopment agency.
HSC Section 34191.5 outlines the requirements of a PMP. Pursuant to Section 34191.5(b), the
successor agency must submit the PMP within 6-months following the issuance of a Finding of
Completion by the Department of Finance ("DOF").
Per HSC Section 34191.5(c), the PMP shall include: (1) an inventory of all properties subject to
the PMP outlining the acquisition date, purpose and value; (2) estimate of current value; (3)
property profile (including address, lot size, zoning and general plan designation); (4) estimate of
lease, rent or other revenues and description of contractual requirements; (5) history of
environmental contamination, if any; (6) any transit -oriented development opportunities; (7) a
description of how the property would advance the planning objectives of the successor agency;
and (8) a history of development proposals.
The PMP shall also address the disposition strategy for each property, which, pursuant to HSC
Section 34191.5(c)(2), may include one of four permissible uses:
Retention of the property for governmental use pursuant to subdivision (a) or Section
34181,
Retention of the property for future development,
Sale of the property, or
Use of the property to fulfill an enforceable obligation
Finally, HSC 34191.5(c)(2) states that if the PMP proposes to sell property for a project identified
in an approved redevelopment plan, the property shall transfer to the City. If the PMP proposes
to sell the property for any purpose other than to fulfill an enforceable obligation, the proceeds
from the sale shall be distributed to the applicable taxing entities. And finally, property shall not
be transferred unless the Oversight Board and DOF have approved the PMP.
Organization of this Document
The City of La Quinta has historically tracked purchases and sales of land by Lot Number, which
may be either a letter (ie Lot C) or a number (ie Lot 8). In Riverside County, Lot Numbers are
typically shown on Assessor's Parcel Maps adjacent to the Assessor's Parcel Number (APN).
One Lot Number may include several APNs. Because the purchases and sales have been
historically tracked by Lot Number, this document and the associated PMP Tracking Worksheet
are organized by Lot Number. Please note that we have added several highlighted columns to the
LRPMP worksheet in order to accommodate tracking by lot.
3
ROADWAY[WALKWAY PROPERTIES
In October 2009, several properties were identified for transfer from the Redevelopment Agency
to the City of La Quinta. Pursuant to the October 6, 2009 Staff Report (Attached), "staff
determined that a number of parcels should be transferred to the City for on -going operation,
maintenance purposes, and future disposition." Among the parcels identified in this staff report,
the three roadway parcels, identified below and shown on the map below, were identified as
parcels that shall be transferred to the City for maintenance purposes (i.e., road and landscape
maintenance). The staff report identifies Lot E (APN 603-630-018) and Lot F (APNs 604-630-023
and 604-630-024) of Parcel Map 31116, among others, as properties that were to be deeded to
the City. Parcel Map 31116 indicated that the lots were to be transferred to the City; however,
because of an oversight these three roadway sliver parcels were not transferred from the RDA to
the City pursuant to the 2009 authorization. See Appendix 1 Attached Staff Report. As a result,
these three roadway parcels that should have been transferred to the City in 2009 along with the
other parcels inadvertently remained in the ownership of the Redevelopment Agency.
The three roadway parcels are identified on the map below as Assessor's Parcels 603-630-018,
604-630-023, and 604-630-024. The following pages profile these properties pursuant to HSC
Section 34191.5.
4
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This property is a sliver of land of 871 square feet of public right of way that was dedicated to the
RDA to satisfy a condition of approval, enabling the City to construct necessary roadway,
walkway and associated landscape improvements.
Date of Acquisition — 4/4/2005
Value of Property at Time of Acquisition - $849
Estimate of Current Value - $849 (Market Value)
Purpose of which the Property was Purchased — Develop public right of way
Address - East of Washington Street between Miles Avenue and Seeley Drive
Lot Size — 871 Square Feet
Current Zoning Designation — Public Right of Way
Specific/General Plan Designation — Public Right of Way
Appraised Value — Not Applicable
Estimate of Lease Revenues — Not Applicable
Environmental History — None
Development Proposal History — None
TOD Potential — None
Proposed Disposition — Transfer to City, Governmental Use. To be maintained as existing
Public Right -of -Way.
PORTIONS OF LOT E
APNs 604-630-023 and 604-630-024
This lot includes two slivers of land totaling 3,920 square feet of public right of way that was
dedicated to the RDA to satisfy a condition of approval, enabling the City to construct necessary
roadway, walkway and associated landscape improvements.
Date of Acquisition — 4/4/2005
Value of Property at Time of Acquisition - $3,819
Estimate of Current Value - $3,819 (Market Value)
Purpose of which the Property was Purchased — Develop public right of way
Address - East of Washington Street between Seeley Drive and Highway 111
Lot Size — 3,920 Square Feet, 0.09 Acres
Current Zoning Designation — Public Right of Way
Specific/General Plan Designation — Public Right of Way
Appraised Value — Not Applicable
Estimate of Lease Revenues — Not Applicable
Environmental History — None
Development Proposal History — None
TOD Potential — None
Proposed Disposition — Transfer to City, Governmental Use. To be maintained as existing
Public Right of Way.
N
VILLAGE PUBLIC PARKING LOT
In December 1989 and March 1990, the La Quinta Redevelopment Agency made two purchases
for properties located on the northwest corner of the intersection of Avenida Navarro and Avenida
Montezuma. The December 1989 purchase was $105,000 for APNs 773-078-008 and 773-078-
009. The March 1990 purchase was $440,670 for APN 773-078-023. These three parcels with a
combined purchase price of $545,670 were subsequently merged together, forming APN 773-
078-034, as identified in the map below. The merged property was developed as free public
surface parking, serving the adjacent La Quinta Community Park publicly run La Quinta Museum
and Desert Recreation District Fitness Center. The City of La Quinta currently has no metered or
fee -based parking lots or structures and the La Quinta Municipal Code specifically prohibits
private parking lots as a principal use in this zoning district.
The public parking lot was developed with public funding. The improvements include paving,
striping, landscaping, irrigation, and lighting, at a cost of $930,000. The City also installed a
shade structure at an additional cost of $25,000. Annual maintenance costs for the public parking
lot are approximately $5,000 per year, paid for by the City. The cumulative costs to maintain the
public parking lot during the eight years since development is approximately $40,000.
The Village Public Parking Lot is zoned as Major Community Facilities. This Zoning Designation,
per La Quinta Municipal Code 9.80.040 (b) has a very narrow definition of allowable uses.
Allowable uses include offices, hospitals, lighted playfields, ice skating, social clubs, various utility
or communication facilities, colleges and other schools, transportation stations, animal shelters,
tennis clubs, caretaker residential or child day care, and recycling centers by Conditional or Minor
Use Permit, and libraries, museums, parks, trails, fire stations, government offices, flood control,
golf courses, and emergency or homeless shelters, as by -right principal uses. The Principal Uses
described here are generally considered government or public facilities. Also, an array of other
governmental uses may be present under the Major Community Facilities designation as
accessory uses. Under this PMP, the City proposes to continue operating the property as free
public surface parking.
7
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• Date of Acquisition — 12/27/1989 & 7/12/1990 (as noted in the narrative above, APN 773-
078-034 resulted from the merger of three parcels, two of which were acquired in 1989
and one in 1990).
• Value of Property at Time of Acquisition - $545,670 (as noted in the narrative above, two
parcels were acquired in 1989 for $105,000 and one was acquired in 1990 for $440,670,
and the three parcels were merged to create the subject APN).
Estimate of Current Value - $120,878(Appraised Value)
Purpose of which the Property was Purchased — Provide public parking in the Village
adjacent to La Quinta Community Park and La Quinta Museum
Address — Northeast corner of Avenida Navarro and Avenida Montezuma
Lot Size — 48,351 Square Feet
Current Zoning Designation — Major Community Facilities
Specific/General Plan Designation — Major Community Facilities
Appraised Value — $120,878
Estimate of Lease Revenues — Not Applicable
Environmental History — None
Development Proposal History — The 2006 Village District Parking Study indicates that
future development in the area may result in parking deficits and recommends
development of a $7.6 million public parking structure on this site.
• TOD Potential — Sunline Transit Agency Route 70 Bus Stop is on the East side of the
site.
• Proposed Disposition — Transfer to City, Governmental Use. The City proposes to
maintain this property as free public parking. The City of La Quinta currently has no
metered or fee -based parking lots or structures. The Village Public Parking Lot provides
parking for the adjacent La Quinta Community Park, publicly run La Quinta Museum, and
Desert Recreation District Fitness Center. The City of La Quinta currently has no metered
or fee -based parking lots or structures and the La Quinta Municipal Code specifically
prohibits private parking lots as a principal use in this zoning district.
9
SILVERROCK PUBLIC USE PARCELS
In 2002, the La Quinta Redevelopment Agency purchased 525 acres of vacant land located on
the southwest corner of the intersection of Jefferson Street and Avenue 52. The 525 acres were
purchased for $42,611,960, or $81,176 per acre. Of the 525 acres, 221.78 acres are subject to
this PMP, as described below.
In 2005 the first 18-hole public golf course was completed, along with rehabilitation to the Historic
Ahmanson Ranch House and surrounding public facilities were developed. The public golf
course and most associated public properties west of SilverRock Way were transferred to the City
following completion of the golf course in 2008 and are not the subject of this PMP. This City -
owned public golf course is managed by Landmark Golf Management, LLC pursuant to a
Contract Services and Revocable License Agreement (Attached). The foregoing described City -
owned golf course and associated uses comprise 217.12 acres and are not subject to, or part of,
this PMP.
In November, 2013, the DOF approved the 2011 transfer of 86 acres designated for private
development, including Specific Plan Planning Areas 4, 5, and 6 (Resort Hotel and Resort
Casitas, Mixed Use Resort Retail Village, and Traditional Hotel and Resort Casitas, respectively).
That property was the subject of a March 2011 fair market value purchase and sale. As such,
these properties comprising 86 acres are not subject to, or part of, this PMP.
The remainina 221.78 acres which are the subiect of this PMP are divided among four
different planning areas, as described in the SilverRock Specific Plan (Attached), and illustrated
on the maps that follow this narrative:
Public Golf Course (Specific Plan Planning Area 1)
Civic and Cultural Events Facilities (Specific Plan Planning Area 2) — note that these
Civic and Cultural Events Facilities are managed by Landmark Golf Management, LLC
pursuant to the Contract Services and Revocable License Agreement referred to above
(Attached)
Public Park (Specific Plan Planning Area 7)
Public Facilities (Specific Plan Planning Area 8)
The properties identified herein as SilverRock Public Use Parcels (the 221.78 acres that
are subiect to this PMP) were purchased, planned, des�qned, and Partially developed with
tax-exempt bond proceeds and must be maintained in public ownership. The Internal
Revenue Code and implementing regulations and IRS Revenues Procedures preclude the sale,
transfer or assignment of this property for private use. Furthermore, the property is designated
exclusively for public use under the City's General Plan and SilverRock Specific Plan. The
Successor Agency will enter into a Compensation Agreement between the City and the
taxing entities pursuant to HSC 34180 (t)(1) for the properties with a permissible use of
future development.
Planning and design of the SilverRock Public Golf Course and associated uses is in process and
the following significant public improvements have also been completed: mass grading,
installation of storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization.
The public storm drain improvements on the site include a large retention basin that currently
serves as the outflow for the Rondo Channel. These drainage improvements provide flood
control infrastructure for the La Quinta Cove and La Quinta Village, areas covering approximately
300 acres, which are substantially developed as single family residential, multi -family residential
and commercial uses.
10
This public use property has significant annual maintenance costs in its current condition,
including approximately $218,000 (a pro rata share assigned to this property) for dust and PM-10
control. See attached Contract Services and Revocable License Agreement.
In conclusion, while the ultimate development of the second 18-hole public golf course has not
been completed, planning and design work is in progress and significant infrastructure has been
installed in anticipation of the development of the second public golf course. Moreover, and
notwithstanding that construction of the second public golf course has not been completed, the
properties are currently serving the public in that they provide storm water retention and public
open space. Federal law and local land use restrictions require that the property remain in public
ownership and used for a public purpose.
The properties are identified on the following map:
11
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SilverRock Resort
Property Ownership
City -owned Parcels
Public Use Parcels
January 14, 2014
City of La Quinta
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Planning Areas
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Public Facilities
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January 14, 2014
City of La Quinta
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CIVIC AND CULTURAL EVENTS FACILITIES
169,447 SF, 3.89 acres
LOT 20 — APN 777-490-012
LOT 22 — APN 777-490-014
Planning Area 2 is described as an area including the existing Historic Ahmanson Ranch House,
which will be preserved and maintained for use as a civic and/or cultural events facility. Presently
this property serves as parking, temporary clubhouse and pro shop to service the existing public
golf course. The property has a Contract Services and Revocable License Agreement with
Landmark Golf Management, LLC, specifying how the property will be managed. The Ahmanson
House is a historic building that was built as the working -ranch hacienda amongst the rocky
outcropping that surrounds SilverRock.
The properties identified herein as Civic and Cultural Events Facilities were purchased with tax-
exempt bond proceeds and must be maintained in public ownership. The Internal Revenue
Code, regulations, and IRS Revenue Procedures preclude the sale, transfer or assignment of this
property for private use. The Internal Revenue Code, regulations, and IRS Revenue Procedures
also prohibit any "private activity" use of the property.
LOT 20
APN 777-490-012
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $197,256
Estimate of Current Value - $12,150 (Unencumbered market value (assumes no bond
restrictions))
Purpose of which the Property was Purchased — Develop SilverRock Golf Course and
associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 105,850 Square Feet, 2.43 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Civic and Cultural Events Facilities (Specific Plan
Planning Area 2)
Appraised Value $12,150 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — This property is developed with a public parking lot to
service the existing City owned Public Golf Course and adjacent historic building that was
rehabilitated for civic and cultural events. The property is managed pursuant to the
attached Contract Services and Revocable License Agreement.
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. As this property is
adjacent to City -owned properties it is anticipated that during the golf course land
planning activities property boundaries may need to be adjusted in the future. These
necessary minor boundary adjustments would be made to accommodate course layout
and overall playability. The aggregate area of Civic and Cultural Events Facilities parcels
as identified in this section (169,447 SF, 3.89 acres), however, will remain the same
regardless of any boundary adjustment.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
14
LOT 22
APN 777-490-014
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $118,516
Estimate of Current Value — $150,000 (Unencumbered market value (assumes no bond
restrictions))
Purpose of which the Property was Purchased — Develop SilverRock Golf Course and
associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 63,597 Square Feet, 1.46 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Civic and Cultural Events Facilities (Specific Plan
Planning Area 2)
Appraised Value — $150,000 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The Specific Plan identifies the area for civic and
cultural events facilities. This property is a historic building that was rehabilitated for civic
and cultural events. The property is managed pursuant to the attached Contract Services
and Revocable License Agreement
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. To be maintained as public
historic asset as a civic and cultural events facility consistent with the SilverRock Specific
Plan.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
15
PUBLIC FACILITIES (CVWD WELL SITE):
29,158 SF, 0.67 acres
LOT 9
Planning Area 8, according to the Specific Plan, includes existing and planned public facilities
including streets, the existing All American Canal, and water well sites. This property was
originally set aside pursuant to SilverRock Domestic Water and Sanitation System Installation
and Irrigation Service Agreement (Attached). It currently functions as a storm water retention
basin.
LOT 9
APN 777-060-062
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $54,337
Estimate of Current Value - $3,350 (Unencumbered market value (assumes no bond
restrictions))
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 29,158 Square Feet, 0.67 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Facilities (Specific Plan Planning Area 8)
Appraised Value — $3,350 (Unencumbered market value (assumes no bond restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant public improvements have been completed: mass grading, installation of
storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Governmental Use. To be maintained as an
existing storm water retention basin.
16
PUBLIC GOLF COURSE:
8,096,056 SF, 185.86 acres
LOT A - APNs 776-150-024 and 776-200-027
LOT B - APN 776-150-025
LOT C - APN 777-490-015
LOT D - APN 777-490-016
LOT 10 - APNs 777-060-063, 777-060-066, 777-060-067, and 777-060-069
LOT 12 - APN 777-490-005
LOT 16 - APN 777-490-009
LOT 18 - APN 776-150-022 and 777-490-011
LOT 21 - APN 777-490-013
Planning Area 1 is described as an area including two 18-hole public golf courses and supporting
facilities, including a clubhouse, driving range, instructional facility, and a golf course
maintenance facility. One 18-hole golf course currently exists in this Planning Area and is not
subject to this PMP.
The subject property underwent major excavation during the construction of the existing 18-hole
golf course on the adjacent City -owned property (the adjacent City -owned property is not subject
to this PMP). Existing public improvements on the subject property include: mass grading,
installation of storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization.
The City also explored designating the subject property for land conservation purposes and
determined that the land is unsuitable for conservation as a result of previous farming operations
and mass grading and soil export.
LOT A
APNs 776-150-024 and 776-200-027
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $369,349
Estimate of Current Value — $22,750 (Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($89,190)
Purpose of which the Property was Purchased — Develop SilverRock Golf Course and
associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 198,197 Square Feet, 4.55 Acres
Designation — Golf Course
Specific/General Plan Designation — Public Golf Course (Specific Plan Planning Area 1)
Appraised Value — $22,750 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant public improvements have been completed: mass grading, installation of
storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization.
TOD Potential — None
17
Proposed Disposition — Transfer to City, Future Development. The City plans to build out
the remaining 18-hole public golf course and provide open space to the public. As this
property is adjacent to City -owned properties it is anticipated that during the golf course
land planning activities the property boundaries may need to be adjusted in the future.
These necessary minor boundary adjustments would be made to accommodate course
layout and overall playability. The aggregate area of public golf course parcels as
identified in this planning area above (8,096,056 SF, 185.86 acres), however, will remain
the same regardless of any such boundary adjustment.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
LOT B
APIN 776-150-025
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $239,469
Estimate of Current Value — $14,750 (Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($57,827)
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 128,502 Square Feet, 2.95 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Golf Course (Specific Plan Planning Area 1)
Appraised Value — $14,750 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant public improvements have been completed: mass grading, installation of
storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. The City plans to build out
the remaining 18-hole public golf course and provide open space to the public. As this
property is adjacent to City -owned properties it is anticipated that during the golf course
land planning activities the property boundaries may need to be adjusted in the future.
These necessary minor boundary adjustments would be made to accommodate course
layout and overall playability. The aggregate area of public golf course parcels as
identified in this Planning Area above (8,096,056 SF, 185.86 acres), however, will remain
the same regardless of any such boundary adjustment.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
LOT C
APIN 777-490-015
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $69,000
18
Estimate of Current Value — $4,250 (Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($16,662)
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 37,026 Square Feet, 0.85 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Golf Course (Specific Plan Planning Area 1)
Appraised Value — $4,250 (Unencumbered market value (assumes no bond restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant public improvements have been completed: mass grading, installation of
storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. The City plans to build out
the remaining 18-hole public golf course and provide open space to the public. As this
property is adjacent to City -owned it is anticipated that during the golf course land
planning activities the property boundaries may need to be adjusted in the future. These
necessary minor boundary adjustments would be made to accommodate course layout
and overall playability. The aggregate area of public golf course parcels as identified in
this Planning Area above (8,096,056 SF, 185.86 acres), however, will remain the same
regardless of any such boundary adjustment.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
LOT D
APN 777-490-016
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $143,681
Estimate of Current Value — $8,850(Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($34,696)
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 77,101 Square Feet, 1.77 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Golf Course (Specific Plan Planning Area 1)
Appraised Value — $8,850 (Unencumbered market value (assumes no bond restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant public improvements have been completed: mass grading, installation of
19
storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. The City plans to build out
the remaining 18-hole public golf course and provide open space to the public. As this
property is adjacent to City -owned properties it is anticipated that during the golf course
land planning activities the property boundaries may need to be adjusted in the future.
These necessary minor boundary adjustments would be made to accommodate course
layout and overall playability. The aggregate area of public golf course parcels as
identified in this planning area above (8,096,056 SF, 185.86 acres), however, will remain
the same regardless of any such boundary adjustment.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
LOT 10
APNs 777-060-063, 777-060-066, 777-060-067, and 777-060-069
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $4,451,687
Estimate of Current Value — $274,200 Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($1,074,986)
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 2,388,828 Square Feet, 54.84 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Golf Course (Specific Plan Planning Area 1)
Appraised Value — $274,200 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant public improvements have been completed: mass grading, installation of
storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization. Portions of Lot 10 are utilized pursuant to a Farm Agreement (Attached).
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. The City plans to build out
the remaining 18-hole public golf course and provide open space to the public. As this
property is adjacent to City -owned properties it is anticipated that during the golf course
land planning activities the property boundaries may need to be adjusted in the future.
These necessary minor boundary adjustments would be made to accommodate course
layout and overall playability. The aggregate area of public golf course parcels as
identified in this planning area above (8,096,056 SF, 185.86 acres), however, will remain
the same regardless of any such boundary adjustment.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
20
LOT 12
APN 777-490-005
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $2,625,231
Estimate of Current Value — $161,700 (Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($633,937)
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 1,408,730 Square Feet, 32.34 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Golf Course (Specific Plan Planning Area 1)
and Public Facilities (Specific Plan Planning Area 8)
Appraised Value — $161,700 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant improvements have been completed: mass grading, installation of storm drain
improvements, installation of L-4 pump station improvements, well site construction,
perimeter landscaping, multi -purpose public trail improvements, and soil stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. The City plans to build out
the remaining 18-hole public golf course and provide open space to the public. As this
property is adjacent to City -owned properties it is anticipated that during the golf course
land planning activities the property boundaries may need to be adjusted in the future.
These necessary minor boundary adjustments would be made to accommodate course
layout and overall playability. The aggregate area of public golf course parcels as
identified in this planning area above (8,096,056 SF, 185.86 acres), however, will remain
the same regardless of any such boundary adjustment.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
LOT 16
APN 777-490-009
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $724,900
Estimate of Current Value — $44,650 (Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($175,048)
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 388,990 Square Feet, 8.93 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Golf Course (Specific Plan Planning Area 1)
Appraised Value — $44,650 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
21
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant improvements have been completed: mass grading, installation of storm drain
improvements, installation of L-4 pump station improvements, well site construction,
perimeter landscaping, multi -purpose public trail improvements, and soil stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. The City plans to build out
the remaining 18-hole public golf course and provide open space to the public. As this
property is adjacent to City -owned properties it is anticipated that during the golf course
land planning activities the property boundaries may need to be adjusted in the future.
These necessary minor boundary adjustments would be made to accommodate course
layout and overall playability. The aggregate area of public golf course parcels as
identified in this planning area above (8,096,056 SF, 185.86 acres), however, will remain
the same regardless of any such boundary adjustment.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
LOT 18
APN 776-150-022 and 777-490-011
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $5,633,614
Estimate of Current Value — $347,000 (Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($1,360,396)
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 3,023,064 Square Feet, 69.40 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Golf Course (Specific Plan Planning Area 1)
Appraised Value — $347,000 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant improvements have been completed: mass grading, installation of storm drain
improvements, installation of L-4 pump station improvements, well site construction,
perimeter landscaping, multi -purpose public trail improvements, and soil stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. The City plans to build out
the remaining 18-hole public golf course and provide open space to the public. As this
property is adjacent to City -owned properties it is anticipated that during the golf course
land planning activities the property boundaries may need to be adjusted in the future.
These necessary minor boundary adjustments would be made to accommodate course
layout and overall playability. The aggregate area of public golf course parcels as
identified in this Planning Area above (8,096,056 SF, 185.86 acres), however, will remain
the same regardless of any such boundary adjustment.
22
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
LOT 21
APN 777-490-013
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $830,429
Estimate of Current Value — $51,150 (Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($200,531)
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 445,618 Square Feet, 10.23 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Golf Course (Specific Plan Planning Area 1)
Appraised Value — $51,150 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant improvements have been completed: mass grading, installation of storm drain
improvements, installation of L-4 pump station improvements, well site construction,
perimeter landscaping, multi -purpose public trail improvements, and soil stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Future Development. The City plans to build out
the remaining 18-hole public golf course and provide open space to the public. As this
property is adjacent to City -owned properties it is anticipated that during the golf course
land planning activities the property boundaries may need to be adjusted in the future.
These necessary minor boundary adjustments would be made to accommodate course
layout and overall playability. The aggregate area of public golf course parcels as
identified in this Planning Area above (8,096,056 SF, 185.86 acres), however, will remain
the same regardless of any such boundary adjustment.
Compensation Agreement - The City will enter into a Compensation Agreement between
the City and the taxing entities pursuant to HSC 34180 (f)(1)
23
PUBLIC PARK:
1,366,041 SF, 31.36 acres
LOTS E AND 15
Planning Area 7 is described in the Specific Plan as an area totaling approximately 35 acres to be
used as a public park.
LOT E
APN 777-490-017
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $301,974
Estimate of Current Value — $18,600 (Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($89,382)
Purpose of which the Property was Purchased — Develop SilverRock Golf Public Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 162,043 Square Feet, 3.72 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Park (Specific Plan Planning Area 7)
Appraised Value — $18,600 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant public improvements have been completed: mass grading, installation of
storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Governmental Use. This property will be
developed as a Public Park consistent with the SilverRock Specific Plan when funding is
available.
LOT 15
APN 777-490-008
Date of Acquisition — 6/27/2002
Value of Property at Time of Acquisition - $2,243,704
Estimate of Current Value — $138,200 (Unencumbered market value (assumes no bond
restrictions))
Encumbered value — ($664,119)
Purpose of which the Property was Purchased — Develop SilverRock Public Golf Course
and associated public uses, including the Ahmanson Civic and Cultural Events Facilities.
Address — Southwest corner of Avenue 52 and Jefferson Street
Lot Size — 1,203,998 Square Feet, 27.64 Acres
Current Zoning Designation — Golf Course
Specific/General Plan Designation — Public Park (Specific Plan Planning Area 7)
Appraised Value — $138,200 (Unencumbered market value (assumes no bond
restrictions))
Estimate of Lease Revenues — $0
Environmental History — None
24
Development Proposal History — The property was purchased, planned, designed and
partially developed with tax-exempt bond proceeds and thus the property cannot be
converted to "private use" or used for "private activity." Planning and design of the
SilverRock Public Golf Course and associated uses is in progress and the following
significant public improvements have been completed: mass grading, installation of
storm drain improvements, installation of L-4 pump station improvements, well site
construction, perimeter landscaping, multi -purpose public trail improvements, and soil
stabilization.
TOD Potential — None
Proposed Disposition — Transfer to City, Governmental Use. This property will be
developed as a Public Park consistent with the SilverRock Specific Plan when funding is
available.
25
ATTACHMENTS
Appendix 1: Public Right of Way Transfer Staff Report (3 pages)
Appendix 2: SilverRock Golf Course Management Agreement (62 pages)
Appendix 3: SilverRock Dust and PM-10 Control Contract Services and Revocable License
Agreement (29 pages)
Appendix 4: SilverRock Domestic Water and Sanitation System Installation and Irrigation
Service Agreement (70 pages)
Appendix 5: SilverRock Specific Plan (70 pages)
26
Appendix 1: Public Right of Way Transfer Staff Report (3 pages)
Twit 4
OF
COUNCIL/RDA MEETING DATE: October 6, 2009
ITEM TITLE: Approval of the Transfer of Ten Parcels
of Land from the La Quinta Redevelopment Agency
to the City of La Quinta and Authorize the City
Manager to Execute the Certificate of Acceptance
(APNs 604-040-057, 604-470-001, 770-184-001,
773-101-001, 002, 769-083-007, 008, 009), Lots
E, F, G, H, and I of Parcel Map 31116, and Lot D of
Parcel Map 33588)
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the transfer of ten properties from the Redevelopment Agency to the City and
authorize the City Attorney to prepare and the City Manger to execute the Certificates
of Acceptance.
FISCAL IMPLICATIONS:
None at this time. All operation and maintenance costs are currently in the City
Budget.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Staff has been in the process of cataloging Agency and City property. In reviewing the
Agency -owned properties, staff determined that a number of parcels should be
transferred to the City for on -going operation, maintenance purposes, and future
disposition. Attachment 1 is a map identifying the location of the parcels.
These properties are described as follows: the Pioneer Park within the Centre Pointe
project (APN 604-040-057) (Map #1); the La Quinta Community Park (APN 604-470-
001) (Map #2) on Westward Ho Drive and Adams Street; that portion of Fritz Burns
Park (770-184-001) (Map #3) acquired in the Avenue 52 realignment; and the La
Quinta Museum (APN 773-101-001, 002) (Map #4). These parcels should be
transferred to the City for operation and maintenance,
- to.. . �' 085
Two landscaped lots, Lots E, F, G, H, and I of Parcel Map 3111 6-Centre Pointe (Map
#5), and Lot D of Parcel Map 33588-Stamko Development Co. (Map #6), were not
transferred to the City by the County when the Parcel Maps were recorded. The maps
stipulated the lots were to be deeded to the City; in speaking with the County
Recorders Office, it was an oversight during the map recording. Staff is therefore
requesting authorization to make the transfer for on -going maintenance purposes.
In addition, there are three lots (APNs 769-083-007, 008, 009) (Map #7-9) that are
part of the Senior Center and Library complex that should be included in this transfer
for future disposition of the land.
Funding sources for the original purchase of the above properties are as follows: 1)
the La Quinta Community Park and Pioneer Park were purchased with Capital Project
Fund -Project Area No. 2 non -housing funds and 1995 Low -Mod Income Housing Bond
Proceeds respectively; 2) the addition to Fritz Burns Park was purchased with Capital
Project Fund -Project Area No. 1 Non -Housing Tax Increment Funds; 3) the Museum
was purchased with Project Area No. 1 Non -Housing Tax Increment Funds; and 4) the
three lots on Main Street/Avenida La Fonda were purchased with Capital Project Fund -
Project Area No. 1 Non -Housing Funds
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
Approve the transfer of ten properties from the Redevelopment Agency to the
City and authorize the City Attorney to prepare and the City Manger to execute
the Certificate of Acceptance; or
2. Do not approve the transfer; or
3. Provide staff with alternative direction.
Res subm tt 11
P;PM4 27A �_�
Dou"gla-s RO'Evans
Assistant City Manager - Development Services
Approved for submiss' n by:
Thomas P. Genovese, City Manager
Attachment: 1 . Vicinity Map
086
City qfLa Quinta
Redevelopment Agency -owned Properties (as of April, 200.9j' 087
Appendix 2: SilverRock Golf Course Management Agreement (62 pages)
GOLF COURSE MANAGEMENT AGREEMENT
BY AND BETWEEN
CITY OF LA QUINTA
"i 0 1
LANDMARK GOLF MANAGEMENT, LLC
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GOLF COURSE MANAGEMENT AGREEMENT
THIS GOLF COURSE MANAGEMENT AGREEMENT ("Agreement") is made
and entered into this I Sk day of JKLY , 2013 ("Effective Date") by and between
the CITY OF LA QUINTA, a muni��ipal corporation ("City"), and Landmark Golf
Management, LLC, a California limited liability company ("Manager").
RECITALS
Whereas, the City is responsible for the development and operation of the
SilverRock Golf Course, located in the City of La Quinta, California, consisting of an
initial 18-hole golf course, a driving range, clubhouse, pro shop, and maintenance
facility (collectively, the 'Golf Course"); and
Whereas, the City desires to utilize the services of Manager to manage the
Golf Course operations upon the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, City and Manager hereby agree as follows:
1.0 DEFINITIONS
As used in this Agreement, the following terms shall have the respective meanings
indicated below:
1.1 Annual Plan. The Annual Plan is as described in Section 3.2.
1.2 Capital Improvement Fund. The funds to be held by the City pursuant to
Section 3.10. 1.
1.3 Capital Improvements. Any alteration, addition, improvement, repair,
replacement, rebuilding, or renovation to the Golf Course which exceeds a cost of
Two Thousand Five Hundred Dollars ($2,500.00).
1.4 gj)L The City of La Quinta, a municipal corporation.
1.5 City Council. The City Council of the City of La Quinta.
1.6 City Manager. The person holding the position of City Manager of the City,
or his or her authorized designee, including but not limited to the Project Manager.
1.7 Intentionally Omitted.
1.8 Cost of Sales. All monies expended by Manager for the purchase of
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consumable items at the Golf Course, including but not limited to food and
beverages (including liquor) and Pro Shop merchandise adjusted for beginning
inventories, ending inventories, sales returns, and allowance of such items.
1.9 Employee Compensation. The direct salaries and wages paid to or accruing
for the benefit of the management staff and all other persons employed by
Manager at the Golf Course, together with all fringe benefits payable to or accruing
for the benefit of such employees, including employer's contribution under the
Federal Insurance Contributions Act ("FICA"), unemployment compensation, or
other employment taxes, pension fund contributions, worker's compensation,
group life and accident and health insurance premiums, profit sharing, retirement,
disability and other similar benefits, as determined by Manager and as set forth in
the approved Annual Plan.
1.10 Furnishings and Equipment. All furniture, furnishings, trade fixtures,
apparatus and equipment, including without limitation course maintenance vehicles
and equipment, golf carts, driving range pickers and pullers, mats, range ball
baskets, cash registers, rental golf clubs and bags, ball washers, benches,
uniforms, kitchen equipment, appliances, china, glassware, silverware, office
equipment, computers, copy machines, facsimile machines, telephone systems,
and other personal property used in or held in storage for use in the operation of
the Golf Course, other than "Operating Inventory," as defined in Section 1.22.
1.11 Golf Course Expenses. The total of (a) all expenses specifically identified as
"Golf Course Expenses" in this Agreement; and (b) those expenses which if
assumed by Manager would be inconsistent with the role of a Golf Course
Manager, provided that any such unplanned expense not included in the Annual
Plan which exceeds Ten Thousand Dollars ($10,000-00) must have prior written
approval from the City Manager, and are subject to the expenditure limits set forth
in Section 3.2.2. Golf Course Expenses shall not include any expenses of
Manager's corporate office, or any services rendered by Manager's corporate
offices for or to the Golf Course or the management thereof, or the compensation
of any corporate or regional employee of Manager.
1.12 Golf Course Operations and Maintenance Evaluation Form. The form,
attached to this Agreement as Exhibit "B", to be used to evaluate Manager's
adherence to the Golf Course Operations and Maintenance Standards.
1.13 Golf Course Operations and Maintenance Standards. Those maintenance
standards set forth in Exhibit "A" to this Agreement which may be modified from
time to time by mutual written agreement of the City Manager and Manager's.
representative identified in Section 11.1
1.14 Gross Revenues. For the purposes of this Agreement, the term "Gross
Revenues" means, except as provided below, all money received as a result of the
operation of the Golf Course and the sale of goods and services at the Golf Course,
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determined on an accrual basis in accordance with generally accepted accounting
principles consistently applied. By way of example, and without limitation, Gross
Revenues shall include all green fees; rental fees for golf carts, golf clubs and bags,
and other rental items; bag storage fees; range balls; reservation fees; fees for golf
handicap servicel rental and concession payments; revenue generated from space
rentals and from meetings, banquets, parties, receptions, tournaments, and other
group gatherings; golf instruction fees; revenues from golf schools; proceeds from
business interruption insurance; and Resident Cards. Gross Revenues shall be
reduced by any cash refunds or credits allowed on returns by customers.
Gross Revenues shall not include the following:
(a) Sales taxes, excise taxes, gross receipts taxes, and other similar taxes
now or later imposed upon the sale of food, beverages, merchandise or
services and paid to the appropriate taxing authority, whether added to or
included in the selling price;
(b) Receipts in the form of refunds from, or the value of merchandise,
supplies or equipment returned to, shippers, suppliers, or manufacturers;
(c) The amount of any gratuities paid or given by customers to Golf
Course employees;
(d) Gross receipts received by licensees or concessionaires, except to the
extent any portion of such receipts is received by the Golf Course;
(e) Proceeds of insurance other than business interruption insurance or
similar types 'of insurance;
(f) Receipts from public telephones and vending machines, except to the
extent of commissions paid to Manager or City;
(g) Proceeds of any borrowings by Manager or City;
(h) Any amount received by Manager in connection with any claim,
demand, or lawsuit, except when such amount is for (i) interruption or loss
of Golf Course business, or (ii) punitive damages relating to conduct
occurring at the Golf Course; and
W Any additional funds provided by the City for, or paid by the City for,
any Golf Course purpose.
1.15 Impositions. All taxes and assessments (including without limitation real
property taxes and assessments, possessory interest taxes, and personal property
taxes), water, sewer or other similar rents, rates and charges, levies, license fees,
permit fees, inspection fees and other authorization fees and charges, which at any
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time may be assessed, levied, confirmed or imposed on the Golf Course or the
operation of the Golf Course.
1. 16 Index. The Consumer Price, Index for All Urban Consumers for Los Angeles -
Anaheim - Riverside (1982-84 equals 100) as published by the United States
Department of Labor, Bureau of Labor Statistics.
1.17 Insurance Requirements. All requirements of each insurance policy, and all
orders, rules, regulations and other requirements of the City and of National Board
of Fire Underwriters (or any other body exercising similar functions), applicable to
the Golf Course or the operation of the Golf Course.
1. 18 La Quinta Resident. Residency is determined by a person's primary
residence according to the California Vehicle Code, Section 1205 or proof of
ownership of a residential dwelling in La Quinta as supported by a Riverside County
Tax Assessor record, as defined in Resolution 2004-137 adopted by La Quinta City
Council on November 16, 2004.
1.19 Legal Requirements. All laws, statutes, ordinances, orders, rules,
regulations, permits, licenses, authorizations, directives and requirements of
governments and governmental authorities, which now or hereafter may be
applicable to the Golf Course or the operation of the Golf Course.
1.20 Manager. Landmark Golf Management, LLC, a California limited liability
corporation.
1.21 Notice of Golf Course Deficiency. The form attached to this Agreement as
Exhibit "C" to be used to notify Manager of Deficiency Items (as that term is
defined in Section 3.8.1)-.
1.22 Operating Inventory. Consumable items used in or held in storage for use in
the operation of the Golf Course, including scorecards and cart tickets, driving
range balls, golf pro shop merchandise, food and beverage inventory, kitchen
supplies, paper and plastic ware, locker room and bathroom supplies, towels, fuel,
cleaning materials, fertilizers, pesticides, seed, maintenance parts and supplies,
office supplies, and other similar items all of which shall be deemed the property of
the City at all times and under all circumstances.
1.23 Operating Year. An Operating Year shall be a twelve (12) month period
during the term of this Agreement commencing on July 1 and continuing through
and including the following June 30.
1.24 Project Manager, The individual designated by the City Manager to serve as
the "Project Manager" pursuant to Section 11.1, or his or her authorized designee.
1.25 Weekends. The period commencing at 12:01 a.m. Friday and ending at
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11:59 p.m. on Sunday.
2.0 TERM OF AGREEMENT
2.1 Effective Date; Term. City is contracting with Manager, pursuant to this
Agreement, for provision by Manager of Golf Course management services. This
Agreement shall be effective on the Effective Date set forth in the preamble, which
date shall be the beginning of the "Management Term" set forth in Section 2.2.
2.2 Management Term. The Management Term shall commence July 1, 2013.
The Management Term and this -Agreement shall end on the date that is the fifth
(5 th ) anniversary (June 30) of the Management Term Commencement Date
provided, however, the Management Term may be terminated by the City, in its
sole discretion, without penalty or cause at the end of the third year of the
Management Term if such earlier termination is deemed necessary in the
reasonable opinion of Bond Counsel to maintain the tax exempt status of municipal
bonds issued to fund a portion of the Golf Course pursuant to Section 1.141-
3(b)(4) of the Regulations promulgated pursuant to the Internal Revenue Code of
1986, as amended, Revenue Proclamation 97-13, Revenue Proclamation 2001-31
and other relevant statutes, regulations and proclamations.
3.0 GOLF COURSE OPERATIONS AND MANAGEMENT
3.1 Management of the Golf Course by Manager. City hereby contracts with
Manager, during the Management Term, to manage and operate the Golf Course
pursuant to the terms of this Agreement, and Manager agrees it shall manage and
operate the Golf Course in such manner. Subject to the terms of this Agreement,
Manager shall have authority and responsibility to: (a) implement the policies and
standards for the Golf Course as determined by the City; (b) manage and supervise
all day-to-day operations of the Golf Course including starting, course marshals, pro
shop, building and course maintenance, security, cart rental, driving range, food
and beverage service, golf instruction, and administration/management; (c) subject
to Section 3.5.2, set, from time to time, fees and charges for other uses and items
charged to Golf Course customers, provided that such fees and charges shall be
competitive with fees and charges imposed or charged by comparable golf courses
in The Coachella Valley; (d) hire, train, and supervise all employees required to
carry out Manager's responsibilities, including without limitation the General
Manager and Golf Course Superintendent; (e) acquire all goods and services
necessary to carry out Manager's responsibilities; (f) acquire all necessary licenses
and permits for the operation of the Golf Course including related to food
preparation and alcoholic beverages; (g) manage all course reservations, tee times,
and tournaments; W manage all marketing and promotional activities and customer
service relations; (i) manage accounting and payroll procedures and functions; and
(j) prepare such annual and other plans and reports as set forth in this Agreement.
City agrees it shall cooperate with Manager to permit and assist Manager to carry
out its duties under this Agreement.
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3.2 Annual Plan.
3.2.1 Preparation and Approval. Manager shall submit to the City Manager,
annually on or before April 1 of each year, the Annual Plan for the Golf
Course for the next Operating Year ("Annual Plan"). The Annual Plan shall
include a monthly operating budget containing bona fide good faith estimates
of all Golf Course Expenses for the next Operating Year, including
expenditures for (a) property operation and maintenance, (b) repairs,
replacements, and alterations which do not constitute Capital Improvements,
(c) Furnishings and Equipment and Operating Inventory, (d) salaries, and (e)
advertising, sales, and business promotion. The Annual Plan shall also
include the course maintenance plan and the marketing and business plan for
the Golf Course for the next Operating Year. The parties agree that they
shall use their best efforts to limit the increase in total Golf Course Expenses
during the term of this Agreement to the increase in the Index. Any increase
in excess of the increase in the Index shall be thoroughly documented in the
Annual Plan. The parties understand that, as provided in Section 3.10 of
this Agreement, recommendations and budgets for Capital Improvements will
be treated separately and will not form part of the Annual Plan. The Annual
Plan shall be subject to the prior written approval of the City Council. The
Project Manager and City Manager agree to examine each Annual Plan
submitted by Manager and to work with Manager to develop an Annual Plan
that can be forwarded to the City Council with a positive recommendation
from the Project Manager and City Manager; provided, however, that
Manager is not required to obtain the approval of the Project Manager and
City Manager before submitting the Annual Plan to the City Council. It is
contemplated by the parties that the Annual Plan will be agreed upon by
Manager and City Council not later than sixty (60) days following delivery of
the Annual Plan by Manager to the City Council. If the City Council fails to
either approve the Annual Plan within said 60-day period or to advise
Manager in writing of its objections to the Annual Plan within such period,
then the City Council shall be deemed to have disapproved the Annual Plan
as submitted.
In the event that the City Council fails to approve the Annual Plan, pending
the resolution of such dispute, Manager shall continue to manage and
operate the Golf Course in accordance with the standards set forth in this
Agreement at a level of expenditures comparable to those of the preceding
Annual Plan multiplied by the Index percentage. This Index Percentage shall
apply to actual Golf Course Expenses, and shall neither include any
expenditure not authorized as a Golf Course Expense pursuant to this
Agreement nor the Management Fee.
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3.2.2 Compliance. Manager shall comply with the applicable Annual Plan.
Without the prior written consent of City Manager (which consent shall not
be unreasonably withheld), the actual amount expended per any calendar
quarter for Golf Course Expenses shall not be greater than ten percent (10%)
higher than the amount budgeted for that calendar quarter in the Annual
Plan. Any expenditure made by City and/or Manager Golf Course Expenses
in excess of 110% of the amount budgeted for that calendar quarter in the
Annual Plan shall constitute a material breach of this Agreement by Manager
unless prior approved by the City Manager. In addition, and as a separate
material obligation, without the prior written consent of City Manager (which
consent shall not be unreasonably withheld), the actual amount expended
per any fiscal year for Golf Course Expenses shall not be greater than two
percent (2%) higher than the amount budgeted for that fiscal year in the
Annual Plan. Any expenditure made on Golf Course Expenses in excess of
102% of the amount budgeted for that fiscal year in the Annual Plan shall
constitute a material breach of this Agreement by Manager unless prior
approved by the City Manager. Notwithstanding the foregoing sentence,
Manager shall be entitled to make additional expenditures not authorized
under the then applicable Annual Plan in the event of an emergency or in
order to comply with any applicable Insurance Requirements or Legal
Requirements.
3.2.3 Monthly Review of Monthly Financial Report (P&L). The City Manager
or designee and the General Manager of the Golf Course shall meet and
discuss the operating results of the P&L. Manager shall provide, in writing,
an explanation for variances from the approved Annual Plan by revenue and
expense categories of at least One Thousand Dollars ($1,000) and that are
greater then Ten Percent (10%) of the budgeted amount. Neither City nor
Manager shall be under legal obligation to approve any modifications to the
Annual Plan. Any material amendments or revisions to the Annual Plan shall
require the prior approval of the City Council.
3.3 Responsibilities of Manager. Without in any way limiting Manager's right to
manage and operate the Golf Course in accordance with the terms of this
Agreement, Manager shall, in addition to other obligations and responsibilities set
forth in this Agreement, perform the following services, or cause the same to be
performed for the Golf Course, and all expenditures of Manager and costs and
expenses incurred by Manager in performing these services, including the
"Management Fees" (as defined in Section 4.1) shall be Golf Course Expenses:
(a) consummate arrangements with concessionaires, licensees, tenants,
or other intended users of the Golf Course;
(b) enter into such contracts for the furnishing of utilities and
maintenance and other services to the Golf Course, subject to Section 3.6;
N
(c) make all repairs, decorations, replacements, additions, revisions,
alterations and improvements to the Golf Course as shall be reasonably
necessary for maintenance of the Golf Course in good order, condition and
repair, subject to the terms of this Agreement;
(d) incur such expenses as shall be necessary for the proper operation and
maintenance of the Golf Course, including without limitation rental expenses
for leased Furnishings and Equipment pursuant to the Golf Course
Maintenance Standards;
(e) assist the City in determining and obtaining the Inventory for Golf Pro
Shop and then maintain a level of Operating Inventory deemed appropriate
by Manager for supplying the needs of the Golf Course and its customers;
(f) apply for, and use its best efforts to obtain and maintain, all licenses
and permits required of Manager in connection with the operation and
management of the Golf Course; and City agrees to execute any and all
applications and such other documents as shall be reasonably required and to
otherwise cooperate, in all reasonable respects, with Manager in the
application for, and obtaining and maintenance of, such licenses and permits;
(g) use its best efforts to do, or cause to be done, all such acts and things
in and about the Golf Course as shall be reasonably necessary to comply
with all Insurance Requirements and Legal Requirements;
(h) pay all Impositions (including but not limited to any sales and/or use
tax resulting from the performance of Manager consistent with this
Agreement) and insurance premiums when due;
0) implement a marketing, advertising, and promotional plan for the Golf
Course;
Q) purchase Furnishings and Equipment necessary to operate and
maintain the Golf Course in the manner provided in this Agreement;
W maintain the landscaping within the boundaries of the Golf Course;
and
(1) defend and settle claims, lawsuits, and demands relating to the Golf
Course and Golf Course personnel (as further provided in and subject to
Section 3.12 below), and retain legal counsel (and pay legal fees and costs)
who under the direction of Manager will represent City, Manager, and the
Golf Course on all questions relating to Legal Requirements, will defend any
claims or actions brought against Manager or City relating to the Golf Course
or Golf Course personnel, and will institute and defend any and all legal
actions or proceedings as shall be reasonably necessary to collect charges,
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rent or other income for the Golf Course to dispossess tenants or other
persons in possession from all or any portion of the Golf Course, to cancel or
terminate any lease, license or concession agreement on the grounds of
default by the tenant, licensee, or concessionaire, or to contest property
taxes. Manager shall notify City of any claims or a lawsuits relating to the
Golf Course within three (3) business days after Manager receives notice of
such claims or lawsuits. Any legal fees paid by Manager and charged as a
Golf Course Expense shall be for legal services directly related to the Golf
Course and shall not include any Manager corporate overhead or
administrative fee or charge. The City Manager shall have the right to pre -
approve any legal counsel retained by Manager to defend the City, and to
approve all legal bills incurred in such defense. Manager shall neither settle
nor otherwise resolve any claims or lawsuits without the prior written
approval of the City Manager.
3.4 Personnei.
3.4.1 General. Subject to Section 3.4.4, Manager shall employ all of the
employees of the Golf Course. Manager shall recruit, hire, train, discharge,
promote and supervise the management staff of the Golf Course (i.e., the
General Manager, the Golf Course Superintendent, and other key personnel),
and Manager shall supervise through the management staff the recruiting,
hiring, training, discharge, promotion and work of all other employees of the
Golf Course. All employees of the Golf Course shall be bonded, as
determined necessary by the City, and properly qualified for their positions.
The employee compensation of the management staff and all other Golf
Course employees shall be a Golf Course Expense.
3.4.2 Pension and Benefit Plans. Manager shall have the right to provide
eligible employees of the Golf Course with pensions and other employee
retirement benefits and disability, health and welfare benefits, and other
benefit plans now or hereafter available to employees of other golf courses
and country clubs operated by Manager, and the allocable share, as set forth
in the Annual Plan, of such employee benefits shall be a Golf Course
Expense.
3.4.3 Temporary Assignment of Other Manage[ Personnel. If the position of
General Manager, Golf Course Superintendent, or other key management
positions of the Golf Course are not filled for whatever reason, Manager may
temporarily assign to these positions the staff of other golf courses and
country clubs operated by Manager or other qualified Manager staff;
provided, however, that said temporary assignment shall not exceed ninety
(90) days without the written approval of the City Manager. During such
time as these employees are temporarily assigned to the Golf Course, all
such employees will be paid their regular Employee Compensation, and the
pro-rata share of such Employees' Compensation equal to the actual time
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such employees worked at the Golf Course shall be a Golf Course Expense.
3.4.4 Management Staff. The General Manager of the Golf Course shall be
responsible for the day to day management and operation of the Golf
Course. The name and telephone number (both personal and business) of
the General Manager shall be provided, in writing, to the City Manager and
shall be current at all times. The General Manager shall be reasonably
available during normal working hours to meet with the City Manager. After
normal working hours, the General Manager shall be reasonably available to
appear at the Golf Course if deemed necessary by the City Manager. The
Golf Course Superintendent for the Golf Course shall be certified by the Golf
Course Superintendents Association of America. However, the City Manager
shall have the right to waive the certification requirements on a case -by -case
basis and allow the selection of a qualified superintendent that may not yet
be certified. The General Manager shall be a current Class "A" member in
good standing of the Professional Golf Association America or the Ladies
Professional Golf Association. The City Manager shall have the right to
approve the individuals who Manager intends to hire to fill the positions of
General Manager and Golf Course Superintendent(regardless of the titles
given for such positions by Manager), which approval shall not be
unreasonably withheld.
3.5 Specific Operating Procedures. In addition to the more general
responsibilities of Manager as manager of the Golf Course as provided in this
Article 3.0, Manager shall operate and manage the Golf Course in accordance with
the following operating procedures consistent with the approved Annual Plan.
3.5.1 Golf Course Hours of Operation. Except upon the occurrence of the
events described in Article 10.0 of this Agreement, the Golf Course shall be
operated on a daily basis all year and shall not be closed on holidays. The
Golf Course shall be kept open during all hours necessary to adequately
serve the public utilizing the Golf Course, except for instances in which
scheduled construction and normal maintenance requires temporary closure.
The driving range may be open when the Golf Course is closed. The inside
food and beverage services of the Golf Course Clubhouse shall be open all
year, except as otherwise approved by the City Manager. The permitted
hours for food and beverage services in the clubhouse restaurant shall be
consistent with similar facilities in the Coachella Valley.
3.5.2 Fees and Charges.
3.5.2.1 Setting of Fees. City Council shall, from time to time, set the
amount for fees and charges for greens fees (which shall include use
of a golf cart) and the driving range. All other fees, charges, and
prices at the Golf Course, including the Pro Shop and the Clubhouse,
shall be set by Manager and shall be comparative and competitive
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with other first class public golf courses in Riverside County. City
shall at all times consult with Manager in setting fees and charges.
3.5-2.2 Resident Green Fee Discount. The City Council has
established a "Resident Green Fee Discount," whereby La Quinta
residents shall receive a discount on daily play green fees. The City
Council shall set the terms and amounts of the resident green fee
discount. Manager shall develop all necessary rules and procedures
for implementing the Resident Green Fee Discount, which rules and
procedures shall be subject to the prior written approval of the City
Manager.
3.5.3 Reservation of Golf Rounds. Manager shall establish a system for
advance reservations of golf tee times, including a preferential tee time
reservation method for residents of the City and guests of hotels/motels/etc.
located within the City, as determined by the City Council.
3.5.4 Dress Code. Bathing attire, cut-offs and short shorts, halter tops,
tube tops, tank tops, running outfits, and similar types of recreational wear
are not considered proper dress on the Golf Course and shall not be
permitted. Shirts and shoes shall be worn at all times at the Golf Course.
Men's shirts shall have collars and sleeves. This dress code shall apply to all
visitors, golfers, and employees, including independent contractors hired by
Manager to provide golf instruction, marshalling service, starter service, pro
shop or food beverage sales, etc.
3.5.5 Handicap Service. During the Management Term of this Agreement,
Manager shall provide at the Golf Course a golf handicap service to both men
and women golfers who patronize the Golf Course. The fee charged to
golfers by Manager for such handicap service shall be an annual fee and shall
not exceed two times the fee charged to the Golf Course by Southern
California Golf Association or United States Golf Association, as the case
may be, for providing the handicap service. Manager shall not collect annual
fees for the handicap service for any annual period that commences after the
expiration of the term of this Agreement. The handicap service shall not
include as part of its benefits any privileges to use the Golf Course, other
than the privileges otherwise available to the general public.
3.5.6 Starter Service and Marshals. Starter services shall be provided and
shall include the assignment of tee times and carts and the collection of
fees. While the Golf Course is open for play, marshals shall closely monitor
and control the speed of play and assist the slower golfers in order to
maintain golf play at acceptable levels.
3.5.7 Golf Club Pick -Up. Pick-up and delivery of golf clubs and bags to and
from the clubhouse entrance shall be provided when requested by a Golf
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Course customer. There shall be no charge to the Golf Course customers for
golf club pickup and delivery. Appropriate Golf Course employees may
accept gratuities from customers for such services.
3.5.8 Club Cleaning. Golf club cleaning services shall be provided to golfers
immediately upon their completion of golf play. There shall be no charge to
the golfers for golf club cleaning services. Appropriate Golf Course
employees may accept gratuities from golfers for such services.
3.5.9 Tee Times. The tee times for the Golf Course shall be scheduled at no
more than eight (8) tee reservation times per hour.
3.5. 10 Playing_ Pace; Fivesome Play. Manager and City agree that f ivesom e
play should be permitted only in unusual circumstances, but when permitted
no more than two (2) fivesomes per hour on the Golf Course shall be
allowed. The play of all players, including all fivesomes, shall be closely
monitored, and the Golf Course marshals shall enforce playing time
requirements to maintain a playing pace that insures eight (8) tee times per
hour.
3.5-11 Tournaments. Consecutive tee times, shotgun starting formats, and
modified shotgun starting formats shall be acceptable forms of reservations
for tournaments. During the appropriate seasons and provided the weather
conditions permit such an arrangement, when a full shotgun (use of all 18
holes) starting procedure is used, it shall be timed in such a manner so as to
potentially accommodate two (2) full shotguns per day —one in the morning
and one in the afternoon. Manager shall take all actions necessary to
accommodate a scheduled tournament, including but not limited to course
preparation, player scorecards, food service, and other customary services
reasonably requested by tournament organizers and appropriate for
tournament play. Manager may charge additional fees for unusual or special
services. Manager shall notify the City in advance of brooking weekend
tournaments.
3.5.12 Golf Pro Shop. The Golf Course Pro Shop shall be open every day at
the same hours that the Golf Course is open for play unless otherwise
approved in writing by City Manager. Manager may employ merchandise
sales personnel to work in the Pro Shop when it is open for business.
Manager shall evaluate the necessity of engaging a qualified Merchandise
Manager for the Pro Shop who would be responsible for promoting and
increasing sales at the Pro Shop, and, if necessary, shall employ such a
Merchandise Manager. Merchandise that can reasonably be classified as
.stale" or "unsellable" may be marked down. No merchandise shall be sold
or otherwise alienated at below its cost of acquisition without the prior
written approval of the City Manager. If Manager determines that any aged
merchandise in the Pro Shop should not be sold, whether on a discounted
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basis or otherwise, because of the reputation or image of the Pro Shop, then
with the City Manager's approval Manager may purchase with its own funds
(and not from the Golf Course Accounts) such merchandise at cost for
purposes of selling such merchandise at other golf courses operated by
Manager. Space shall be provided in the Pro Shop for merchandise that City
may develop as part of 'its marketing and public relations programs, including
but not limited to such items as t-shirts, polo shirts, sun visors, license plate
frames, coffee cups, and golf balls. Manager shall perform quarterly
inventories of the Pro Shop operating inventory.
3.5.13 Golf Instruction. Manager shall either employ or shall retain as
independent contractors golf instructors to provide golf lessons and golf
instruction at the Golf Course. All golf instructors must be certified PGA or
LPGA golf professionals or apprentices. All golf instruction fees are deemed
Gross Revenues and shall be handled as a cash register transaction and
reported in the same manner as green fees. Manager shall develop a golf
instructional program that will offer individual and group lessons, video
instruction, golf clinics, junior golf clinics, and golf schools. A golf
professional shall only be allowed to conduct golf lessons at the Golf Course
if he or she has first obtained the approval to do so by Manager.
3.5.14 Golf Driving Range. The driving range shall be open during hours of
Golf Course operation. Driving range balls shall be of the highest quality,
and all cracked and worn range balls shall be removed daily. A fee shall be
charged for use of the driving range; provided, however, that at Manager's
discretion, a certain amount of driving range balls as determined by Manager
may be provided at no additional cost to those golfers who have paid green
fees on that day or have purchased instructional lessons.
3.5.15 Golf Club Rentals. Quality rental golf clubs, both left-handed and
right-handed, and bags shall be available for rental to customers of the Golf
Course at a fee to be determined from time to time by Manager.
3.5.16 Golf Carts. Golf carts shall be provided to all golfers on the Golf
Course as part of the green fee. Use of the golf cart by the golfer(s) shall be
optional but may be required by Manager or designee if, on a particular day
or during part of a particular day, use of golf carts is necessary to maintain
satisfactory playing pace or for reasons of safety or other reasons related to
the quality of play and maintenance of the Golf Course. Manager shall not
permit the use of private golf carts on the Golf Course. Manager shall
provide a sufficient number of electrically -powered golf carts to
accommodate players. Golf carts shall be new when purchased or leased
and shall be manufactured by a reputable firm. Manager shall use GPS
systems on the Golf Course, and incorporating such technology as a feature
on the golf cart. The entire golf cart fleet shall be replaced with new units at
least every five (5) years. A three-year replacement may be appropriate with
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a three-year lease agreement. All golf carts shall be 4-wheel vehicles, and
shall be equipped with canopies, sand and seed containers, and holders. At
the election of the City Manager, Manager shall either (a) employ a full time
on -site mechanic who is qualified to repair and maintain the golf carts, or (b)
enter into an agreement (with a term not to exceed one (1) year) with a
qualified independent golf cart service company approved by the City
Manager, provided that in either event the golf carts shall be properly
maintained and in sufficient operational condition to assure the full and
unhindered availability of the golf course.
An ADA compliant golf cart must be available to eligible golfers within 48
hours notice.
3.5.17 Food and Beverage Operations. The Golf Course shall include a
restaurant located in the clubhouse, beverage cart service, and a snack bar
which shall be operated in accordance with specifications promulgated by
the City. Temporary fixed food stands shall not be installed on the Golf
Course except for special events. Manager shall provide a staffed food
service and beverage cart for the service of players on the Golf Course
during peak hours of operation. Manager shall comply with all requirements
of state and local law governing the sale and distribution of alcoholic
beverages, Manager shall obtain and maintain all permits from all
governmental agencies having jurisdiction for all food and beverage
operations at the Golf Course. Manager shall comply with all health law and
regulations as existing or as may be established by the federal, state,
county, and city governmental agencies. All food service employees shall
possess valid food handier cards, and a copy of these cards shall be
maintained in the administrative office at the Golf Course. Manager, for all
food and beverage employees, shall comply with all applicable codes and
regulations as relates to tuberculosis and other health and disease testing as
now or hereafter required by applicable law. Prices of food and beverages
sold at the Golf Course shall be market rate and competitive with prices
charged at comparable first class public golf courses in the Coachella Valley.
3.5.18 Office Operations. Manager shall employ sufficient administrative
staff at the Golf Course to permit Manager to competently perform
Manager's obligations under this Agreement. Upon City's written request,
Manager shall provide the City Manager with a written job description for
each management position at the Golf Course. The City Manager shall keep
these job descriptions in strict confidence, subject to applicable public
records disclosure laws. Manager shall maintain at the Golf Course copies of
all Manager corporate policies and procedures, as such may be changed from
time to time. Manager shall provide the City with the most recent version of
the manager's policies and procedures.
3.5-19 Safety and Security. The Golf Course shall comply with all safety
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regulations of federal, state, and local governmental agencies, including
without limitation any requirements imposed by California Labor Code
Section 6300 et seq, and regulations promulgated with respect thereto, and
applicable federal occupational, health, and safety laws and regulations.
Manager shall take all reasonable actions to protect the safety of all Golf
Course employees and customers. All employees with access to cash
receipts shall be bonded pursuant to standards prescribed by the Finance
Director. The Golf Course shall maintain appropriate security systems,
including video monitoring of cash operations, security alarm systems,
motion detection sensors for after-hours control, and locks for the
maintenance yard and perimeter gates. The alarm system at the Golf Course
shall be tied into an offsite monitoring station. Manager shall keep for thirty
(30) days computer recordings for all accounts payable and accounts
receivable information. All records at the Golf Course shall be kept in
fireproof files.
3.5.20 Customer Evaluation Forms. Forms shall be available to customers of
the Golf Course to present their comments or complaints regarding the Golf
Course. Completed forms shall be collected on weekly basis and retained by
Manager at the Golf Course for not less than one (1) year and made available
to City upon request.
3.5.21 Scorecards. Manager shall provide scorecards printed specifically for
the Golf Course. The scorecards shall carry the name (and logo) of the Golf
Course as directed by the City pursuant to Article 6.0. The scorecards shall,
at Manager's option, also include wording stating that the Golf Course is
managed by Manager.
3.5-22 Junior Golf Program. Manager shall plan, implement, and supervise a
"Junior Golf Program" for elementary school, middle school, junior high
school, and high school aged La Quinta residents (i.e., high school -aged and
below). The purpose of the Junior Golf Program is to encourage
participation in golf, teach golfing skills and course etiquette, and promote
competition and sportsmanship. The program shall include incentives for
encouraging participation such as non -peak time green fee discounts, free
clinics, discounts on golf lessons, use of the facility for La Quinta High
School golf team practice/matches, etc. Manager shall incorporate the
parameters of the Junior Golf Program as part of the Annual Plan.
3.6 Contracts and Agreements. All leases and financing agreements for
Furnishings and Equipment, and all contracts and agreements relating to the
operation and maintenance of the Golf Course (including without limitation golf
professional contracts, contracts for maintenance and repair services, pest control,
supplies, and landscaping services, and agreements for tournaments, banquets, and
other group functions), entered into during the term of this Agreement shall be
entered into by Manager as the contracting party and approved, as to form,
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content, and vendor, by the City. Payments for all approved leases, financing
agreements, contracts and otherwise (the "Assumed Agreements") are defined Golf
Course Expenses. City agrees, upon expiration or termination of this Agreement, to
assume all such agreements it has so approved. In the event that Manager has
defaulted on its obligations under any such agreements City shall not be
responsible for any scheduled payments due and owing before the termination or
expiration of this Agreement and shall only be responsible for any scheduled
payments due and owing after the date this Agreement is terminated or expires.
3.7 Alterations to Buildings. Manager shall not make any substantial alterations,
additions, or changes to the clubhouse, golf pro shop, maintenance building, or
other buildings located at the Golf Course without the prior consent of the City
Manager.
3.8 Operations and Maintenance Standards. The parties acknowledge and agree
that the Golf Course shall be operated and maintained as a first class golf course.
As used herein, "first class golf course' shall mean a golf course comparable to the
following golf courses in the Coachella Valley, as they existed on the Effective Date
of this Agreement: Westin Mission Hills, Desert Willow, Indian Wells Resort, La
Quinta Resort, and PGA West Courses. In addition to all other responsibilities of
Manager under this Agreement, Manager agrees that at all times during the term of
this Agreement; the Golf Course shall be operated and maintained in accordance
with the standards set forth in the Golf Course Operations and Maintenance
Standards consistent with the approved Annual Plan. Manager's failure, as
measured by the process set forth in sections 3.8.1-3.8.2, to maintain the Golf
Course in a manner consistent with this Section shall construe a material breach of
this Agreement.
3.8.1 City Inspection and Evaluation. Each month during the term of this
Agreement, the City Manager or Agent of the City Manager shall inspect the
Golf Course for purposes of compliance with the Golf Course Operations and
Maintenance Standards and this Section 3.8. In conducting such inspection
and evaluation, the City Manager (or Agent) shall complete the Golf Course
Operations and Maintenance Evaluation Form and shall promptly thereafter
provide Manager a copy of the completed form or applicable portion thereof,
City agrees that the City Manager (or Agent) shall act reasonably and in
good faith in making the determination of whether the Golf Course
Operations and Maintenance Standards, or applicable portion thereof, have
been met. As set forth in Exhibit "B", the Golf Course Operations and
Maintenance components shall be rated as "Acceptable," "Needs
Improvement," and "Unacceptable." An overall rating using the same scale
shall also be determined on a monthly basis. Notwithstanding Manager's
obligation to correct Deficiency Items as set forth below and subject to
Section 3.8.2 below, Manager shall be in compliance with the Golf Course
Operations and Maintenance Standards unless an overall rating is determined
to be "Unacceptable." The City Manager's rating of an item as
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"Unacceptable" or "Needs Improvement" shall, upon Manager's receipt of
the Golf Course Operations and Maintenance Evaluation Form, constitute a
Notice of Golf Course Deficiency with respect to the deficient item(s).
Within one (1) week after receipt of the Golf Course Operations and
Maintenance Evaluation Form, the City Manager and General Manager of the
Golf Course, and the Golf Course Superintendent if necessary, shall meet to
review the Deficiency ltem(s), including the corrective actions Manager
intends to take to correct the Deficiency Item(s). Within three (3) working
days thereafter, Manager shall complete the "Statement of Corrective
Action" detailing the steps it intends to take to correct each Deficiency Item
and the time schedule for completion of corrective action and submit the
Statement of Corrective Action to the City Manager for written approval.
Unless the City Manager states in writing otherwise, all deficiencies shall be
corrected within seven (7) working days of the issuance of the Statement of
Corrective Action, or if no Statement of Corrective Action is issued or
approved by the City Manager, then ten (10) working days from the meeting
described above. When a Deficient Item has been satisfactorily corrected in
the judgment of the City Manager, the City Manager and the general
manager of the Golf Course shall each sign the Notice acknowledging
completion of the corrective action. The cost for correcting any Deficiency
Item shall be a Golf Course Expense subject to the expenditure limitations
set forth in Section 3.2.2.
3.8.2 Results of Manager's Failure to Take Corrective Action. Except as
provided in Section 3.8.3 below, if Manager obtains an overall rating of
"Unacceptable," or fails to take action to timely correct any Deficiency
ltem(s), the following shall occur:
(a) If there are two (2) consecutive months in which the Golf
Course Operations and Maintenance Evaluation Form indicates that
Manager's management of the Golf Course has obtained an overall
rating of "Unacceptable," the City shall be entitled to deduct from the
Performance Evaluation Deposit described in Section 4.1.1, the
amount of Five Thousand Dollars ($5000) per month, and such
deduction amount shall be retroactive to the first (11") of the two (2)
consecutive months and shall continue until Manager's management
of the Golf Course achieves an overall rating of "Acceptable" as
indicated on the Golf Course Maintenance Evaluation Form. In
addition, any failure to achieve an overall rating of "Acceptable" for (i)
any four (4) months within any single operating year, or (ii) any three
(3) consecutive months, shall be considered a material breach of this
Agreement entitling City to terminate this Agreement regardless of the
deductions that have been made from the Performance Evaluation
Deposit.
(b) City shall further be entitled to deduct from the Performance
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Evaluation the amount of Two Thousand Dollars ($2,000) per month
for each Deficiency Item that is not timely corrected. Such deduction
shall be imposed as of the date the Deficiency Item was to have been
corrected and shall continue each month thereafter until such
Deficiency Item has been corrected as indicated by the signature of
the City Manager and General Manager of the Golf Course on the
Notice of Golf Course Deficiency as described Section 3.8.1.
The deductions provided for in this Section 3.8.2 shall not be a Golf Course
Expense.
3.8.3 Exclusions from Imposition of Deductions. The following items shall
be considered exclusions for the purpose of determining whether there have
been two (2) consecutive months with overall ratings of "Unacceptable" and
for the purpose of determining whether an outstanding Deficiency Item has
been timely corrected: (a) any outstanding Deficiency Item that Manager is
diligently and timely correcting in accordance with the time schedule jointly
agreed to by the City Manager and the General Manager of the Golf Course
as provided in Section 3.8.1; (b) any Deficiency Item in which the correction
is considered a Capital Improvement but only if and to the extent Manager,
in light of its expertise and experience as a manager of first class golf
courses, could not have taken reasonable measures to prevent or mitigate
the Deficiency Item from occurring; (c) any Deficiency Item that Manager is
unable to correct because of the occurrence of a "Force Majeure Event" (as
defined in Section 10.3 of this Agreement) but only to the extent Manager,
in light of its expertise and experience as a manager of first class golf
courses, could not have taken reasonable measures to prevent or mitigate
the Force Majeure Event; and (d) any Deficiency Item that Manager is unable
to correct due to City's failure to provide sufficient funds to effect such
correction in the Annual Plan, provided, however, the City shall be under no
obligation to amend the Annual Plan.
3.8.4 Acknowledgement of Parties Concerning� Deductions. THE PARTIES
HERETO AGREE THAT THE $2,000.00 PER MONTH AND $5,000.00 PER
MONTH DEDUCTIONS FROM THE PERFORMANCE EVALUATION DEPOSIT
REFERENCED ABOVE CONSTITUTE A REASONABLE APPROXIMATION OF
THE ACTUAL DAMAGES THAT THE CITY WOULD SUFFER DUE TO A
FAILURE BY MANAGER TO ADHERE TO THE REQUIRED PERFORMANCE
LEVEL, CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE
EFFECTIVE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP
OF THE CHARGES TO THE RANGE OF HARM TO CITY THAT REASONABLY
COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF
ACTUAL DAMAGES WOULD BE COSTLY OR INCONVENIENT. THE
AUTHORITY OF THE CITY TO EFFECT SUCH DEDUCTIONS SHALL NOT
LIMIT THE CITY'S. TERMINATION RIGHTS AS SET FORTH IN THIS
AGREEMENT. IN PLACING ITS INITIALS AT THE PLACES PROVIDED
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HEREIN BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY
OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY
HAS BEEN REPRESENTED BY COUNSEL WHO HAS EXPLAINED THE
CONSEQUENCES OF THE DEDUCTION PROVISIONS AT OR PRIOR TO THE
TIME EACH EXECUTED THIS AGREEMENT.
MANAGER CITY
3.8.5 Performance Evaluation Deposit. Not later than commencement of the
Management Term, and as a condition to commencement of the
Management Term, Manager shall deposit with City in cash the sum of
Twenty -Five Thousand Dollars ($25,000) as security for the performance of
Manager's obligations pursuant to this Section 3.8 ("Performance Evaluation
Deposit"). The Performance Evaluation Deposit shall not be a Golf Course
Expense. In the event of failure of Manager to timely correct Deficiency
Items as provided in this Section 3.8, the City Manager shall have the
authority to deduct from the Performance Evaluation Deposit the amounts
set forth in Section 3.8.2. In the event City is required to make deductions
from the Performance Evaluation Deposit, Manager shall promptly, upon
written request therefor by City, submit such additional cash amounts to
City as is required in order to maintain the Performance Evaluation Deposit at
the Twenty -Five Thousand Dollar ($25,000) level.
3.9 Manager Purchases. In connection with any purchases made by Manager, or
any related entity or person, for the account of City, it is understood that Manager
may perform services as a representative of the manufacturer to secure the
benefits of lower costs, and that any resulting savings shall be passed on to City,
including representatives' fees. In addition, all trade discounts, rebates and refunds
pertaining directly or indirectly to purchases for the Golf Course shall accrue to the
benefit of City. All property, real, personal, or otherwise, so purchased by Manager
shall be the property of the City.
3.10 Capital Improvements.
3.10.1 Capital Improvement Funds. City shall deposit monthly from the Golf
Course Accounts an amount equal to two percent (2%) ("Capital
Improvement Fund Percentage") of that portion of the Gross Revenues for
the previous month attributed to green fees ("Capital Improvement Funds").
City shall establish and maintain a separate reserve account for the Capital
Improvement Funds and these Capital Improvement Funds shall be used for
the purposes described in this Agreement. The parties hereby acknowledge
and agree that the Capital Improvement Funds shall belong to City, and City
shall have complete control over the Capital Improvement Funds. The
parties hereby agree that prior to each Operating Year, in connection with
the preparation and approval of the "Capital Improvement Plan" as described
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in Section 3.10.2 below, the parties shall discuss whether the Capital
Improvement Fund Percentage should be changed. Any decision to change
the Capital Improvement Fund Percentage shall be in the sole discretion of
City Manager, and in making such decision City Manager shall consider such
factors as the amount of Capital Improvement Funds currently available and
the projected capital improvement requirements of the Golf Course. In no
event, however, shall the Capital Improvement Fund Percentage be increased
in excess of two percent (2%) except with the written approval of the City
Council.
3.10.2 Capital Improvement Plans. During the Management Term, Manager
shall submit on or before April 1 of each year, a "Capital Improvement Plan"
for the Golf Course for the next Operating Year, which shall include
Manager's recommendation of Capital Improvement projects for the next
Operating Year, estimated costs of such Capital Improvement projects.
3.10.3 Implementation of Capital Improvement Projects. The parties
acknowledge and agree that all Capital Improvement projects are in City's
sole control and discretion, and all costs and expenses of Capital
Improvement projects shall be paid from the Capital Improvement Funds or
from other City funds. The costs and expenses of Capital Improvement
projects shall not be considered Golf Course Expenses. The parties
acknowledge and agree that this Agreement imposes no responsibilities or
obligations on the part of Manager with respect to any aspect of a Capital
Improvement project, including design, construction or supervision. In the
event City desires Manager to be involved in any capacity in a Capital
Improvement project, the City Manager shall be authorized to enter into a
separate agreement with Manager setting forth the terms and conditions of
such involvement, including without limitation fees to be received by
Manager for such involvement.
3.11 Insurance During Management Term.
3.11.1 Coverage. Manager agrees to procure and maintain, during the
Management Term, as a Golf Course Expense, at a minimum the following
insurance:
(a) insurance on the contents of the buildings located at the Golf
Course and other personal property located at the Golf Course which
contents and personal property are owned or leased by Manager,
against loss or damage by fire, lightning and/or any other perils
insurable under the form of "all risk" coverage then available (including
specifically irrigation and/or sprinkler system leakage damage,
vandalism and malicious mischief, if available), in an amount not less
than the lesser of 0) the actual replacement cost of the contents and
personal property, or (ii) Five Million Dollars ($5,000,000.00);
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provided, however, the parties may agree in writing to such other
minimum amount. City shall be named as a loss payee. The parties
agree that Manager shall not be responsible for procuring or
maintaining "all risk" insurance coverage on the buildings, structures,
or other improvements located at the Golf Course and the contents
and personal property owned by City, and City shall either procure or
maintain such insurance coverage or shall self -insure for such risks.
(b) business interruption insurance, in an amount equal to the
annual value of lost business, as determined by the City and Manager,
and as required by or pursuant to any "City Financing" (as that term is
defined in Section 11.21), covering actual losses sustained due to W
fire, lightning., and other perils insurable under the form of "all risk"
coverage then available (including specifically irrigation and/or sprinkler
system leakage damage, vandalism, and malicious mischief, if
available) or fli) the routine or extraordinary maintenance of, or any
failure of, any pipes or facilities located above or beneath the surface
of the Golf Course. City shall be named as a loss payee to the extent
of the City's interests under this Agreement which interests include,
without limitation, the Financing.
(c) comprehensive public liability insurance, including without
limitation bodily injury, personal injury, property damage, products
liability, contractual liability covering the provisions of this Agreement,
and liquor liability, in an amount not less than Ten Million Dollars
($10,000,000.00) single limit per occurrence. City, and its officers,
officials, employees, agents, representatives, and volunteers
(collectively, "City Personnel"), shall be named as an additional
insureds.
(d) automobile liability and garage keeper's liability insurance in an
amount not less than Ten Million Dollars ($10,000,000.00) single limit
per occurrence. City and City Personnel shall be named as additional
insureds.
(e) workers compensation insurance covering all Golf Course
employees who are Manager's employees in an amount as required by
law, and employer's liability insurance in an amount not less than One
Million Dollars ($1,000,000.00) or as required by law covering all Golf
Course employees who are Manager's employees.
Manager shall have the right to increase (but not to decrease without the
prior written consent of the City Manager) the minimum amount of any
insurance to be maintained by Manager with respect to the Golf Course
under this Section in order to make such coverage comparable to the amount
of insurance carried with respect to other golf courses and country clubs
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operated by Manager, taking into account the size, character and location of
the Golf Course. The types of insurance and the coverage amounts specified
in this Section are the requirements of City in connection with the operation
of the Golf Course. City acknowledges and understands that Manager has
made no representations or warranties that such insurance is adequate to
protect City. Any losses, damages, liability, or expenses that are not
required to be covered by any of the insurance specified in this Section shall
be a Golf Course Expense. In its sole discretion, City may elect to procure
and maintain at one or more times and from time to time, some or all of the
policies of insurance set forth in subparagraphs (a), (b), (c), and (d) above
that Manager is required to procure and maintain, and in such case City shall
notify Manager in writing (i) that Manager is temporarily relieved from the
obligation of procuring and maintaining the policy(ies) of insurance specified
by City in its written notice to Manager, and (ii) of the period of time during
which Manager's obligation to procure and maintain the policy(ies) specified
in City's written notice is suspended.
3.11.2 Policies and Endorsements.
3.11.2.1 Policies. All insurance coverages required under this Section
3.11, shall be secured through policies issued by insurance companies
of good reputation and of sound and adequate financial responsibility
having a general policy holder's rating of not less than "A" and a
financial rating of not less than Class Vill in the most current edition of
Best's Rating Guide, unless such requirements are waived in writing
by the City Manager. Such insurance companies shall be qualified to
do business and in good standing in California. Prior to the Effective
Date, Manager shall deliver to City certificates of insurance with
respect to all of the policies of insurance required to be procured and
maintained by Manager pursuant to this Section 3.11, and the City
Manager shall have approved such certificates of insurance. In the
case of insurance about to expire, Manager shall deliver to the City
Manager certificates of insurance with respect to renewal policies not
less than thirty (30) days prior to the respective dates of expiration.
All certificates of insurance shall be signed by a person authorized by
the insurance company to bind coverage on its behalf. In the event
any subcontractors perform work for Manager under this Agreement,
Manager shall include such subcontractors as insureds under the
policies of insurance to be maintained by Manager pursuant to this
Section 3.11, or in the alternative, Manager shall obtain from such
subcontractors separate certificates of insurance that satisfy the
requirements of this Section 3.11 unless otherwise waived by the City
Manager. Neither the procuring of insurance by Manager pursuant to
this Section 3.11, nor the delivery by Manager to City of certificates
of insurance evidencing such insurance coverages, shall be construed
as a limitation of Manager's indemnity obligations under Section
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11.2.1.
3.11.2.2 Endorsements. All policies of insurance to be maintained by
Manager pursuant to this Section 3.11 shall have attached an
endorsement that such policy shall not be canceled or materially
changed without at least thirty (30) days prior written notice to City
by certified mail, return receipt requested. In addition, Manager shall
also provide to City the required 30-day prior written notice in the
manner set forth in this Section 3.11.
3.11.3 Blanket Policies. Any insurance policies provided by Manager under
this Section 3.11 may be affected under policies of blanket insurance which
cover other properties in addition to the Golf Course, and in such case an
allocable portion of the premiums for such blanket policies of insurance shall
be considered a Golf Course Expense.
3.11.4 Workers Compensation Insurance. Not later than the Effective Date,
and as a condition to the effectiveness of this Agreement, Manager shall
deliver to the City Manager a certificate of workers compensation insurance
indicating that such insurance complies with all requirements of California
law. This certificate shall provide that such policy shall not be canceled or
materially changed without at least thirty (30) days prior written notice to
City by certified mail return receipt requested. Manager shall require all
subcontractors performing work for Manager under this Agreement to
maintain workers compensation insurance covering such subcontractors'
employees. Prior to the Effective Date, Manager shall file with the City
Manager the following signed certification:
"The undersigned is aware of and will comply with, Divisions 4
and 5 of the California Labor Code by securing, paying for, and
maintaining in full force and effect for the duration of the
Agreement, complete workers compensation insurance, and
shall furnish a certificate of insurance to City prior to the
commencement of the term of the Agreement."
City and City Personnel shall not be responsible for any claims in law or
equity occasioned by the failure of Manager to comply with this Section
3.11 as it pertain to worker's compensation insurance, or with the provisions
of California law relating to workers compensation insurance.
3.11.5 Waiver of Subrogation. Neither Manager nor City shall assert against
the other, and Manager and City hereby waive with respect to each other,
any claims and rights of recovery for any losses, damages, liability or
expenses (including attorneys' fees) incurred or sustained by either of them
on account of injury to persons or damage to property arising out of the
ownership, operation and maintenance of the Golf Course to the extent that
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the same are covered by the insurance required under this Section 3.11.
City and Manager hereby grant to each other, on behalf of any insurance
company providing insurance covering the Golf Course, a waiver of any right
of subrogation which any insurer or party may acquire against the other
party by virtue of payment of any loss under any insurance policy. City and
Manager shall give notice to the insurance companies providing insurance
under this Agreement of the mutual waiver of subrogation contained in this
Section 3.11.
3.11.6 Insurance Maintained by Man Any insurance maintained by
Manager under this Section 3.11 may contain deductible provisions and self-
insurance or self -assumption provisions in such amounts as are maintained
by Manager for other golf courses of a similar quality level operated by
Manager. The parties acknowledge and understand that as of the Effective
Date the following applies to insurance maintained by Manager: (a) Five
Thousand Dollars ($5000.00) deductible per occurrence for property damage
insurance, (b) ZERO Dollars ($0.00) self -insured retention per occurrence for
comprehensive public liability insurance, automobile liability insurance, and
garage keeper's liability insurance, and (c) ZERO Dollars ($0.00) participation
in loss limits (which is comparable to self-insurance) per accident for workers
compensation insurance. City understands and agrees that with respect to
all policies of insurance required under this Section 3.11, the portion of any
claim, loss, or damage subject to a deductible amount or a self-insurance or
self -assumption amount shall be a Golf Course Expense. Manager shall
notify City in writing at least thirty (30) days prior to any increase in the
deductible amount or self -insured or self -assumed amounts for the insurance
coverage maintained by Manager under this Section 3.11. The City Manager
shall have the right to approve any such increase if the amount of the
increase (on a percentage basis) as compared to the deductible amount or
self -insured or self -assumed amounts set forth in clauses (a), (b), and (c)
above exceeds the percentage increase, if any, of the Index from the
Management Term Commencement Date, to the month immediately
preceding Manager's notice of the proposed increase.
3.12 Handling of Claims. Manager shall be responsible for handling all claims,
demands, and lawsuits for any losses, damages, liability, and expenses (including
without limitation personal injury and property damage claims) arising out of the
operation and management of the Golf Course ("Claims"), whether or not such
Claims are covered by the insurance required under Section 3.11. Handling such
Claims shall include without limitation responding to such Claims, investigating
such Claims, retaining legal counsel to defend such Claims, settling such Claims,
and paying any losses, damages and expenses relating to such Claims. All costs
and expenses relating to the handling of such Claims as set forth in the preceding
sentence, including without limitation attorneys' fees and costs for Manager's in-
house counsel and for outside legal counsel as approved in the Annual Plan or by
the City Manager in writing, shall be a Golf Course Expense. The City Manager
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shall have the right to approve any legal counsel retained by Manager to defend the
City, and to approve all legal bills incurred in such defense.
3.13 Cost of Sales. Manager shall provide an accounting for its Cost of Sales as
part of the profit and loss statements to the City required by Section 5.6.
4.0 MANAGER FEES DURING MANAGEMENT TERM
4.1 Forms of Manager Compensation. Manager shall receive as compensation
for its services during the Management Term a fixed management fee (the
"Management Fee"). The Management Fee is further defined below.
4.1.1 Management Fee. Manager shall receive from City a Management
Fee in the amount of Ninety -Six Thousand Dollars ($96,000) for Fiscal Year
2013/2014 and Fiscal Year 2014/2015. The Management Fee will increase
4% annually for the third, fourth, and fifth fiscal years. The annual
Management Fee shall be payable in arrears in twelve monthly installments,
payable by City each month within thirty (30) business days of receipt of an
invoice for same from Manager (subject to any extensions as may be
required for approval of warrants by the City Council, if applicable).
5.0 ACCOUNTS: WORKING FUNDS; DISBURSEMENT OF FUNDS; RECORDS
AND REPORTS
5.1 Golf Course Accounts. City shall establish appropriate bank account(s) for
the Golf Course, including for the deposit of all Gross Revenues and other Golf
Course revenues and for the Capital Improvement Funds, at a banking institution or
institutions selected by the City Manager or City Finance Director, such accounts
to be in City's name (the "Golf Course Accounts"). Manager shall deposit on a
daily basis in the Golf Course Accounts ail monies received from the operation of
the Golf Course. Any interest earned on monies in the Golf Course Accounts shall
be the property of the City. Manager shall also be entitled to maintain funds in
amounts approved by the City Manager or City Finance Director in "cash register
banks or in petty cash funds at the Golf Course. Within ten (10) days of
commencement of the Management Term, the City, shall advance Two Hundred
Fifty Thousand Dollars ($250,000.00) to Manager (the "Advance"), to pay
expenses for the first month of Golf Course operations. Manager shall deposit the
Advance in a bank account at a bank and upon terms and conditions approved by
the City Finance Director (the "Advance Account"). Manager shall be responsible
for the payment of those Golf Course Expenses identified in Section 5.2.11(a) as
incurred in accordance with the monthly operating budgets set forth in the
approved Annual Plan but only to the extent funds have been made available by the
City. Manager shall invoice the City for repayment of Golf Course Expenses paid
from the Advance or the Advance Account on or before the 1 8' and 1 5h of each
month. Manager may use the Advance as necessary to pay any Golf Course
Expenses authorized under this Agreement to be paid by Manager and required to
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be paid, until Manager has received reimbursement from the City. Upon receipt of
payment from the City, Manager shall replenish the Advance to its full amount. All
Golf Course funds held by Manager, whether the Advance or monies held by
Manager in "cash register banks" or petty cash funds at the Golf Course shall be
owned by City.
5.2 Payment of _Golf Course Expenses.
5.2.1 Payment of Certain Golf Course Expenses by Manager.
(a) Consistent with the terms of Section 5.1, Manager shall pay,
initially from the Advance or from its own account (or, if appropriate,
from "cash register banks" or petty cash funds available at the Golf
Course) Golf Course Expenses (other than the Golf Course Expenses
set forth in Section 5.2.2) as and when incurred; provided, however,
that (1) the amount disbursed must constitute a permitted Golf Course
Expense pursuant to the monthly operating budget in the approved
Annual Plan and (2) Manager shall provide the City Manager or City
Finance Director, no later than ten (110) days following the end of each
calendar month, an accounting delineating the Golf Course Expenses
paid and payable for such preceding calendar month (e.g., accounting
due not later than April 10 covering the immediately preceding month
of March).
(b) City shall pay to Manager approved Golf Course Expenses
invoiced to the City consistent with the Annual Plan within thirty (30)
days of the receipt of the invoices and all necessary supporting
documentation. Manager shall deposit these payments in the Advance
Account to be used to pay Golf Course Expenses.
(c) With the prior written approval of the City Manager, which
approval may be granted or withheld in the sole discretion of City
Manager, Manager shall be reimbursed for those expenses incurred by
Manager prior to the commencement of the Management Term which,
in the opinion of the City Manager, would constitute Golf Course
Expenses if they had been expended subsequent to the
commencement of the Management Term.
5.2.2 Payment of Management Fee. Manager shall invoice the City on a
monthly basis for the Management Fee; provided, however, that such
payment to Manager shall be paid in accordance with the terms of Section
4.1.1.
5.3 Remaining Funds. Upon the expiration or earlier termination of this
Agreement, Manager shall repay the Advance, all amounts in the Advance
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Account, and any and all funds held in possession of Manager or its agents that are
revenues of the Golf Course. After termination of this Agreement, and assuming
no uncured breaches exist, City shall pay to Manager any monies due Manager
under this Agreement, but unpaid as of the date of termination, within ten (10)
days after Manager delivers to the City Manager the final profit and loss statement.
5.4 Books and Records. Manager shall keep full and accurate books of account
and such other records as are necessary to reflect the results of the operation of
the Golf Course. For this purpose, City agrees it will make available to Manager, or
Manager's representatives, all books and records in City's possession relating to
the Golf Course including contract documents, invoices and construction records.
All books and records for the Golf Course shall be located either at the Golf Course
or at Manager's corporate office. All accounting records shall be maintained in
accordance with generally accepted accounting principles and shall be maintained
in an accrual format. All such books, records, and reports shall be maintained
separately from other facilities operated by Manager. Manager agrees to maintain
reasonable and necessary accounting, operating, and administrative controls
relating to the financial aspects of the Golf Course and such controls shall provide
checks and balances designed to protect the Golf Course, Manager, and City. The
cash registers used by Manager shall be approved by the City Manager. Manager
shall maintain all financial and accounting books and records for a period of at least
seven (7) years after the expiration or earlier termination of this Agreement, and
City shall have the right to inspect and audit such books and records during such
period as provided in Section 5.5 below.
5.5 Inspection. Upon seven (7) days prior written notice to Manager, which
notice shall set forth the date and time that City desires to inspect the books and
records, City or its authorized agents, auditors, or representatives shall have the
right during normal business hours to review, inspect, audit, and copy the books,
records, invoices, deposit receipts, canceled checks, and other accounting and
financial information maintained by Manager in connection with the operation of
the Golf Course. All such books and records shall be made available to City at the
Golf Course unless City and Manager agree upon another location. City, at its own
expense, shall have the right to retain an independent accounting firm to audit the
books and records of the Golf Course from time to time.
5.6 Reports to City. Manager shall deliver to City the following financial
statements, in a form acceptable to City:
(a) Within twenty (20) days after the end of each calendar month, a profit
and loss statement showing the results of operation of the Golf Course for
such month and for the Operating Year to date, which statement shall
include sufficient detail to reflect all Gross Revenues, Cost of Sales,
Management Fee, and Capital Improvement Funds; and
(b) Within sixty (60) days after the end of each Operating Year, a profit
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and loss statement showing the results of operation of the Golf Course for
such Operating Year which statement shall include sufficient detail to reflect
all Gross Revenues, Management Fee, and Capital Improvement Funds. If
requested by City, and at the sole expense of City, the financial statements
shall be audited according to Generally Accepted Audit Standards by an
independent certified public accountant acceptable to the City, to be
completed in a time frame established by the CPA.
5.7 Manager Accounting Software. The partl - es acknowledge and understand if
the accounting software to be used at the Golf Course is owned by Manager, City
shall have no rights or interests in such software. Upon the expiration or earlier
termination of this Agreement, accounting software owned by Manager shall be
removed from the Golf Course by Manager.
6.0 GOLF COURSE NAME
The Golf Course shall be known by such trade name and/or trademark or logo as
may from time to time be determined by City. The parties acknowledge and
understand that the names, logos, and designs used in the operation of the Golf
Course together with appurtenant goodwill, are the exclusive property of City.
Manager may identify the Golf Course as a golf course managed and operated by
Manager; provided, however, that any display of any Manager logo or other
corporate identification shall first be approved by the City Manager in his or her
sole discretion. At no time will the Manager's logo be printed more prominently
than the Golf Course or City logo.
7.0 ENVIRONMENTAL MATTERS
In performing its responsibilities under this Agreement, Manager shall comply with
all federal state, and local laws and regulations pertaining to the storage, use, and
disposal of "hazardous or toxic wastes, substances, or materials" as defined by
applicable law. MSDS sheets shall be visible as required by law.
8.0 TERMINATION RIGHTS
8.1 Termination by City. In addition to any other rights of City to terminate this
Agreement that are set forth in this Agreement, City shall also have the right to
terminate this Agreement upon the occurrence of any of the following events:
(a) Manager fails to keep, observe or perform any material covenant,
agreement, term or provision of this Agreement to be kept, observed or
performed by Manager, and such default continues for a period of thirty (30)
days after written notice and a demand to cure such default by City to
Manager; or
(b) Failure to meet the Operating Standards set forth in Section 3.8.2(a);
or
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(c) (i) Manager or its parent(s) applies for or consents to the appointment
of a receiver, trustee or liquidator of Manager or of all or a substantial part of
its assets; (ii) Manager or its parent(s) files a voluntary petition in bankruptcy
or commences a proceeding seeking reorganization, liquidation, or an
arrangement with creditors; (iii) Manager or its parent(s) files an answer
admitting the material allegations of a bankruptcy petition reorganization
proceeding, or insolvency proceeding filed against Manager or its parent(s);
Ov) Manager or its parent(s) admits in writing its inability to pay its debts as
they come due; (v) Manager or its parent(s) makes a general assignment for
the benefit of creditors; or NO an order, judgment or decree is entered by a
court of competent jurisdiction, on the application of a creditor, adjudicating
Manager or its parent(s) a bankrupt or insolvent or approving a petition
seeking reorganization of Manager or its parent(s) or appointing a receiver,
trustee or liquidator of Manager or its parent(s) or of all or a substantial part
of its assets, and such order, judgment or decree continues unstayed and in
effect for any period of sixty (60) consecutive days.
City's right to terminate this Agreement pursuant to this Section shall be
exercisable immediately upon written notice to Manager given at any time after the
applicable notice and cure period has expired, and City's termination notice shall
specify the effective date of such termination, which date shall not be more than
sixty (60) days after the date of City's termination notice; provided, however, that
no notice and cure period or sixty (60) day delay shall apply with respect to
terminations pursuant to subparagraph (c) of this Section.
8.2 Termination by Manager. Manager shall have the right to terminate this
Agreement if City fails to keep, observe, or perform any other material covenant,
agreement, term or provision of this Agreement to be kept, observed or performed
by City, and such default continues for a period of thirty (30) days after notice and
a demand to cure such default by Manager to City.
Manager's right to terminate this Agreement Pursuant to this Section shall be
exercised upon written notice to City given at any time after the applicable grace
period has expired. The grace period shall be extended as may be required for the
City Council to comply with applicable law pertaining to the posting of agendas and
hearings notices. Manager's termination notice shall specify the effective date of
such termination, which date shall not be less than sixty (60) days after the date of
Manager's termination notice.
8.3 Effect of Termination. The termination of this Agreement under the
provisions of this Article 8.0 shall not affect the rights of the terminating party with
respect to any damages it has suffered as a result of any breach of this Agreement,
nor shall it affect the rights of either party with respect to any liability or claims
accrued, or arising out of events occurring, prior to the date of termination.
8.4 Remedies Cumulative. Neither the right of termination, nor the right to sue
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for damages, nor any other remedy available to a party under this Agreement shall
be exclusive of any other remedy given under this Agreement or now or hereafter
existing at law or in equity.
9.0 TITLE MATTERS; ASSIGNMENT
9.1 Ownership of Improvements and Personal Property. All improvements to the
Golf Course made during the term of this Agreement and all Furnishings and
Equipment and Operating Inventory purchased by Manager during the term of this
Agreement shall be considered property owned by City at such time as the
improvements are made or the Furnishings and Equipment or Operating Inventory
are purchased.
9.2 Assignment or Subcontracting. Manager shall neither directly or indirectly
assign this Agreement to any third party, nor contract or subcontract any work
required hereunder to any third party, without the prior written consent of the City.
Except as provided below, the ownership structure or composition of Manager, or
any direct or indirect parent(s) thereof, as it existed as of the date of execution of
this Agreement, shall not be changed, amended, or modified without the prior
written consent of the City Council. Transfers restricted hereunder include the
direct or indirect transfer of more than twenty-five percent (25%) of the stock,
partnership interests, or other form of equity ownership in the Manager or its direct
or indirect parent(s), and/or any transfer of operational control of the Manager or its
parent(s). Transfers of more than twenty-five percent (25%) but less than fifty
percent (50%) of the stock, partnership interests, or other form of equity
ownership in Manager or its direct or indirect parent(s) may be approved in writing
by the City Manager. Transfer of over fifty percent (50%) shall require prior City
Council approval. Any otherwise lawful assignment by Manager shall not be
effective unless and until Manager and such assignee execute an assignment and
assumption in a form acceptable to the City Attorney. It is understood and agreed
that any consent granted by the City Manager to any such assignment by Manager
shall not be deemed a waiver of any consent required under this Section as to any
future assignment. Any assignment by Manager of this Agreement in violation of
the provisions of this Agreement shall be null and void and shall result in the
immediate termination of this Agreement. In addition to any other remedies
available to the parties, the provisions of this Section shall be enforceable by
injunctive proceeding or by suit for specific performance.
9.3 Successors and Assigns. Subject to Section 9.2, this Agreement shall inure
to the benefit of and be binding upon the parties and their respective heirs, legal
representatives, successors and assigns.
10.0 DAMAGE OR DESTRUCTION; EMINENT DOMAIN; FORCE MAJEURE
EVENTS
10. 1 Damage or Destruction. Should the Golf Course be destroyed or
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substantially damaged by fire, flood, acts of God, or other casualty, City, by
written notice to Manager given within sixty (60) days following the occurrence of
such event, shall have the right to terminate this Agreement on the basis that City
does not choose to rebuild or restore the Golf Course, and in such event neither
party shall have any further obligation to the other party under this Agreement,
except with respect to liabilities accruing, or based upon events occurring, prior to
the effective date of such termination. For the purpose of this Section, the Golf
Course shall be deemed to have been substantially damaged if the estimated length
of time required to restore the Golf Course substantially to its condition and
character just prior to the occurrence of such casualty shall be in excess of six (6)
months, as indicated by an architect's certificate or other evidence reasonably
satisfactory to Manager. If this Agreement is not terminated in the event of
damage to the Golf Course either because W the damage does not amount to
substantial damage as described above, or (ii) notwithstanding destruction of or
substantial damage to the Golf Course, City elects to restore the Golf Course, then
City shall proceed, at City's own expense, with all due diligence to commence and
complete restoration of the Golf Course to its condition and character just prior to
the occurrence of such casualty. If as a result of any damage or destruction to the
Golf Course as provided in this Section, the responsibilities of Manager under this
Agreement are substantially changed, then the parties shall meet and discuss in
good faith appropriate modifications to this Agreement including the Management
Fees.
10.2 Eminent Domain. If all of the Golf Course (or such a substantial portion of
the Golf Course so to make it unfeasible, in the reasonable opinion of City, to
restore and continue to operate the remaining portion of the Golf Course for the
purposes contemplated in this Agreement) shall be taken through the exercise (or
by agreement in lieu of the exercise) of the power of eminent domain, then upon
the earlier of (i) the date that City shall be required to surrender possession of the
Golf Course or of that substantial portion of the Golf Course, or Oil the date when
the Golf Course is no longer open, this Agreement shall terminate and neither party
shall have any further obligation to the other party under this Agreement except
with respect to liabilities accruing, or based upon events occurring, prior to the
effective date of such termination. If such taking of a portion of the Golf Course
shall not make it unfeasible, in the reasonable opinion of City, to restore and
continue to operate the remaining portion of the Golf Course for the purposes
contemplated in this Agreement, then this Agreement shall not terminate, and City
shall proceed, at City's own expense, with all due diligence to alter or modify the
Golf Course so as to render it a complete architectural unit which can be operated
as a golf course of substantially the same type and character as before. If as a
result of any alteration or modification of the Golf Course as provided in this
Section, the responsibilities of Manager under this Agreement are substantially
changed, then the parties shall meet and discuss in good faith appropriate
modifications to this Agreement including the Management Fees.
10.3 Force Majeure Events. As used in this Agreement, the term "Force Majeure
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Event" means a disruption in the operation of the Golf Course due to, or the cause
of the failure to perform by a party hereto due to, declared or undeclared war,
sabotage, riot or acts of civil disobedience, acts or omissions of governmental
agencies (except acts of governmental agencies including but not limited to the
City taken in accordance with this Agreement), accidents, fires, explosions, floods,
earthquakes, or other acts of God, strikes, labor disputes, shortages of materials,
or any other event not within the control of Manager and not caused by the gross
negligence or intentional wrongful conduct of Manager. For purposes of this
Section, any disruption to the operation of the Golf Course caused by a Capital
Improvement project shall also constitute a Force Majeure Event. If as a result of
the occurrence of a Force Majeure Event, the responsibilities of Manager under this
Agreement are substantially changed, then the parties shall meet and discuss in
good faith appropriate modifications to this Agreement including the Management
Fees.
11.0 GENERAL PROVISIONS
11.1 Contract Administration. City has designated the City Manager as the
individual who is responsible for administering this Agreement on behalf of City.
The City Manager may designate a member of his or her staff to serve as the
Project Manager, which individual shall carry out the City Manager's responsibilities
in administering this Agreement. The City Manager shall inform Manager in writing
of the person who will serve as the Project Manager and any change of the Project
Manager. Manager has designated Joe Gill, Director of Golf Operations, as the
individual who is responsible for administering this Agreement on behalf of
Manager. Manager shall notify the City Manager in writing if another individual has
replaced the foregoing designated person as the person responsible for
administering this Agreement on behalf of Manager. The parties acknowledge that
except as otherwise expressly provided herein (a) the City Manager has the
authority to approve or consent to those matters identified in this Agreement as
requiring City's approval or consent and to make all other decisions on behalf of
City regarding the administration of this Agreement (except where City Council
approval is expressly required herein), and (b) Manager's foregoing designated
person or such other individual designated by Manager in writing to City has the
authority to approve or consent to those matters identified in this Agreement as
requiring Manager's approval or consent and to make all other decisions on behalf
of Manager regarding the administration of this Agreement. City's management
direction to Manager shall be given by the City Manager.
11.2 Indemnities.
11.2.1 Manager's Indemnity. Manager agrees to indemnify and hold
harmless City and City's officers, officials, members, employees, agents,
representatives, and volunteers from and against any and all claims,
demands, actions, lawsuits, proceedings, damages, liabilities, judgments,
penalties, fines, expert witness fees, attorneys' fees, costs, and expenses,
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which results from one or more of the following:
(a) any act or omission by Manager or any shareholder, director,
officer, or employee of Manager in connection with Manager's
performance under this Agreement that constitutes negligence or
willful misconduct; or
(b) any action taken by Manager relating to the Golf Course W that
is expressly prohibited by this Agreement, or (ii) that is not within the
scope of Manager's duties under this Agreement, or (iii) that is not
within Manager's delegated authority under this Agreement; or
(c) Manager's breach of any material covenant, requirement or
commitment contained in this Agreement; or
Manager's indemnity obligations under this Section shall not apply to any
acts or omissions taken (or in the case of omissions, not taken) either at the
written direction of City or with the written approval of City.
11.2.2 City's Indemnity. City agrees to indemnify and hold harmless
Manager and its owners, officers, directors, and employees from and against
any and all claims, demands, actions, lawsuits, proceedings, damages,
liabilities, judgments, penalties, fines, expert witness fees, attorneys' fees,
costs, and expenses, which result from:
(a) any act or omission by Manager in connection with the
management and operation of the Golf Course (i) that is expressly
authorized by this Agreement, or (ii) that is within the scope of
Manager's duties under this Agreement, or (iii) that is within
Manager's delegated authority under this Agreement, or (iv) that was
either at the written direction of City or with the written approval of
City; unless such act or omission constitutes negligence or willful
misconduct (and was neither at the written direction of City nor with
the written approval of City) in which event Manager shall not be
indemnified under this Section.
(b) any act or omission constituting negligence or willful
misconduct by City or any officer, official, member, employee, agent,
representative, or volunteer of City; or
(c) City's failure to make any payment to Manager hereunder to
which Manager is entitled pursuant to the terms of this Agreement,
provided that Manager has provided written notice to City of such
asserted failure and has given City an opportunity of not less than
sixty (60) days to cure or contest such asserted failure.
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11.3 Notices. All notices, demands, requests, consents, approvals, replies and
other communications ("Notices") required or permitted by this Agreement shall be
in writing and may be delivered by any one of the following methods: (a) by
personal delivery; (b) by deposit with the United States Postal Service as certified
or registered mail return receipt requested, postage prepaid to the addresses stated
below (Notices deposited with the United States Postal Service shall be actually
deposited with a branch of the United States Postal Office located in either the
county of City's address as provided in this Section or the county of Manager's
address as provided in this Section); or (c) by deposit with a same -day or overnight
express delivery service that provides a receipt showing date and time of delivery.
Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective three (3) business days after deposit with the
Postal Service. Notice by same -day or overnight express delivery service shall be
deemed effective upon receipt. Notice by personal delivery shall be deemed
effective at the time of personal delivery.
For purposes of Notices hereunder, the address of City shall be:
City of La Quinta
Attn: City Manager
78495 Calle Tampico
La Quinta, CA 92253
For purposes of Notices hereunder, the address of Manager shall be:
Landmark Golf Management
Attn: President
74947 Highway 111
Indian Wells, CA 92210
Each party shall have the right to designate a different address within the Southern
California area by the giving of notice in conformity with this Section.
11.4 Independent Contractor. Manager shall at all times be considered an
independent contractor under this Agreement. Nothing contained in this
Agreement shall be construed to be or create a partnership or joint venture
between City and its successors and assigns, on the one part, and Manager and its
successors and assigns, on the other part.
11.5 Compliance with Law; Licenses. Manager shall comply with all applicable
laws of governmental bodies having jurisdiction with respect to the Golf Course
site and Manager performance of this Agreement. Manager shall, at its expense,
procure and maintain all licenses, permits, and approvals required to be obtained by
it to perform the work under this Agreement.
11.6 Modification and Changes. This Agreement may be amended or modified
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only in writing and signed by both parties.
11 .7 Entire Understandino and Agreement. Except as otherwise provided herein,
this Agreement constitutes the entire understanding and agreement between the
parties with respect to the subject matter hereof, and this Agreement supersedes
all prior understandings and agreements, whether written or oral, between City and
Manager pertaining to the subject matter hereof.
11.8 Headings. The Article, Section, and Subsection headings contained in this
Agreement are for convenience and reference only and are not intended to define,
limit or describe the scope or intent of any provision of this Agreement.
11.9 Consents. Except as provided herein, each party agrees that it will not
unreasonably withhold any consent or approval requested by the other party
pursuant to the terms of the Agreement, and that any such consent or approval
shall not be unreasonably delayed or qualified, except where such consent is
expressly stated as within the party's sole and absolute discretion. Similarly, each
party agrees that any provision of this Agreement which permits such party to
make requests of the other party shall not be construed to permit the making of
unreasonable requests.
11 . 10 Survival of Covenants. Any covenant, term, or provision of this Agreement
which in order to be effective must survive the termination of this Agreement shall
survive any such termination.
11 . 11 Third Parties. None of the obligations under this Agreement of either party
shall run to or be enforceable by any party other than the party to this Agreement
or by a party deriving rights under this Agreement as a result of an assignment
permitted pursuant to the terms of this Agreement.
11. 12 Waivers. No failure by Manager or City to insist upon the strict performance
of any covenant, agreement, term or condition of this Agreement or to exercise any
right or remedy consequent upon the breach of this Agreement shall constitute a
waiver of any such breach or any subsequent breach of the same covenant,
agreement, term or condition. No covenant, agreement, term or condition of this
Agreement and no breach of this Agreement shall be waived, altered or modified
except by a written instrument. A waiver of any breach of this Agreement shall
only affect this Agreement to the extent of the specific waiver, and all covenants,
agreements, terms and conditions of this Agreement shall continue in full force and
effect.
11. 13 Applicable Law; Venue; Service of Process. This Agreement shall be
construed and interpreted in accordance with, and shall be governed by, the laws
of the State of California. The parties agree that the Superior Court of the State of
California, County of Riverside shall have jurisdiction of any litigation between the
parties relating to this Agreement. Service of process on City shall be effected in
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such manner as required by California law for service on public entities. Service of
process on Manager shall be made in any manner permitted by California law and
shall be effective whether served inside or outside of California. Manager
acknowledges that service of process may be effected by service on its registered
agent in California, which as of the Effective Date of this Agreement is July 1,
2013. Manager shall promptly notify City in writing of any change pertaining to
the entity or address serving as Manager's registered agent in California.
11.14No Presumption Regarding DrafteE. City and Manager acknowledge and
agree that the terms and provisions of this Agreement have been negotiated and
discussed between City and Manager, and that this Agreement reflects their mutual
agreement regarding the subject matter of this Agreement. Because of the nature
of such negotiations and discussions, it would be inappropriate to deem either City
or Manager to be the drafter of this Agreement, and therefore no presumption for
or against the drafter shall be applicable in interpreting or enforcing this Agreement.
11.15 Enforceability of Any Provision. If any term, condition, covenant or
obligation of this Agreement shall be determined to be unenforceable, invalid, or
void, such determination shall not affect, impair, invalidate, or render unenforceable
any other term, condition, covenant, or obligation of this Agreement.
11. 16 United States Currency. All amounts payable pursuant to this Agreement
shall be paid in lawful money of the United States of America.
11.17 Counterparts. This Agreement and any amendment may be executed in
counterparts, and upon all counterparts being so executed each such counterpart
shall be considered as an original of this Agreement or any amendment and all
counterparts shall be considered together as one agreement.
11. 18 Attorneys' Fees. In the event of a dispute involving the nonperformance by
a party hereto of its obligations under this Agreement, the prevailing party shall be
entitled to reasonable attorneys' fees and all other expenses (including expert
witness fees and fees and costs related to discovery and appeal) reasonably
incurred in connection with such dispute, whether or not litigation is commenced,
in addition to all other relief to which the party is entitled. If the successful party
recovers judgment in any legal action or proceeding, the attorneys' fees and all
other expenses of litigation shall be included in and made a part of any such
judgment.
11. 19 Publicity. Any commercial advertisements, press releases, articles, or other
written media information generated by Manager using City's name or "SilverRock"
related to SilverRock Resorts day to day operation(s) shall be subject to the prior
approval of the City Manager which approval shall be given or withheld in the City
Manager's sole and absolute discretion.
11.20City Financing. Manager acknowledges that tax-exempt bond financing or
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other tax-exempt financing ("Financing") has been obtained for construction of a
portion of the Golf Course. The form and issuance of such Financing, the selection
of Financing legal counsel, and all other matters pertaining to the Financing, shall
be in the sole and absolute discretion of the City. City has the right, at any time
and from time to time, to issue additional financing and/or effect or cause a
refinancing and refunding of the Financing in its sole and absolute discretion.
Notwithstanding any authority given in this Agreement to Manager to set fees,
charges, and prices, the City Council shall have the superior authority to set fees,
charges, and prices at the Golf Course. Manager agrees to amend this Agreement
at any time and from time to time, if, in the opinion of the City's legal counsel, this
Agreement must be amended to comply with laws, regulations, rules, or
procedures applicable to the Financing (except those laws regulations, rules and/or
procedures adopted by or promulgated by City or any Agency controlled by the
City), and any refinancing or refunding thereto, including but not limited to those
laws, regulations, rules, and procedures applicable to or promulgated by the
Internal Revenue Service. City and Manager shall meet and confer in good faith to
effect such written amendment to this Agreement as necessary to insure the
Agreement is in compliance as required by the preceding sentence, which
amendment(s) shall be affixed as an attachment to this Agreement; provided,
however, that in the event City and Manager disagree on the nature or scope of the
required amendment(s), either party shall have the right to terminate this
Agreement upon written notice to the other party and upon such termination
neither Manager nor City shall have any further rights or obligations hereunder.
11.21 Covenants Against Discrimination. Manager agrees that in connection with
its performance under this Agreement, there shall be no discrimination by Manager
against any person on account of race, color, creed, religion, sex, marital status,
national origin or ancestry. Manager agrees to include a provision similar to this
Section in all subcontracts entered into by Manager in connection with work being
performed under this Agreement.
11.22Non-liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of the City shall be personally liable to Manager,
or any successor in interest, in the event of any default or breach by the City, or
for any amount which may become due to Manager or any successor, or for breach
of any obligation of the terms of this Agreement.
11.23 Time of the Essence. Time is of the essence of this Agreement. The parties
understand that the time for performance of each obligation has been the subject
of negotiation by the parties.
11.24Exhibits and Attachments Incorporated. All exhibits and attachments to this
Agreement are incorporated herein and made a part hereof.
11.25Authority. The parties represent for themselves that (a) such party is duly
organized and validly existing, (b) the person or persons executing this Agreement
-38-
on behalf of such party is/are duly authorized to execute and deliver this
Agreement on behalf of such party, (c) by so executing this Agreement, such party
is formally bound to the terms and provisions of this Agreement, and (d) the
execution of this Agreement does not violate any provision of any other agreement
to which such party is bound.
11.26 Authorization to City Manager. In addition to such other authorizations
granted the City Manager of City in this Agreement to act on behalf of City, the
City Manager shall have the authority, in the event of a dispute involving the
interpretation of the terms and provisions of this Agreement, to reasonably
interpret the terms and provisions of this Agreement on behalf of City.
11.27Possessory Interest. Pursuant to California Revenue and Taxation Code
Section 107.6, City hereby informs Manager that this Agreement may create a
possessory interest subject to property taxation, and in such event Manager may
be subject to the payment of property taxes levied on such interest, which taxes, if
levied, shall be defined as a Golf Course Expense.
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the day and year first written above.
ATTEST:
5a*t4-'-' ��
Susan Maysels V
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
SIGNED INCOUNTIMART
M. Katherine Jenson
City Attorney
"CITY"
CITY OF LA QUINTA, a municipal
corporation
-39-
on behalf of such party is/are duly authorized to execute and deliver this
Agreement on behalf of such party, (c) by so executing this Agreement, such party
is formally bound to the terms and provisions of this Agreement, and (d) the
execution of this Agreement does not violate any provision of any other agreement
to which such party is bound.
11 .26 Authorization to City Manager. In addition to such other authorizations
granted the City Manager of City in this Agreement to act on behalf of City, the
City Manager shall have the authority, in the event of a dispute involving the
interpretation of the terms and provisions of this Agreement, to reasonably
interpret the terms and provisions of this Agreement on behalf of City.
11.27Possessory Interest. Pursuant to California Revenue and Taxation Code
Section 107.6, City hereby informs Manager that this Agreement may create a
possessory interest subject to property taxation, and in such event Manager may
be subject to the payment of property taxes levied on such interest, which taxes, if
levied, shall be defined as a Golf Course Expense.
. IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the day and year first written above.
Date
ATTEST:
Susan Maysels
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
City Attorney
mclTy,,
CITY OF LA QUINTA, a municipal
corporation
Frank J. Spevacek, City Manager
-39-
on behalf of such party is/are duly authorized to execute and deliver this
Agreement on behalf of such party, (c) by so executing this Agreement, such party
is formally bound to the terms and provisions of this Agreement, and (d) the
execution of this Agreement does not violate any provision of any other agreement
to which such party is bound.
11 .26 Authorization to City Manager. In addition to such other authorizations
granted the City Manager of City in this Agreement to act on behalf of City, the
City Manager shall have the authority, in the event of a. dispute involving the
interpretation of the terms and provisions of this Agreement, to reasonably
interpret the terms and provisions of this Agreement on behalf of City.
11 .27 Possessory Interest. Pursuant to California Revenue and Taxation Code
Section 107.6, City hereby informs Manager that this Agreement may create a
possessory interest subject to property taxation, and in such event Manager may
be subject to the payment of property taxes levied on such interest, which taxes, if
levied, shall be defined as a Golf Course Expense.
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the day and year first written above.:
Date
ATTEST:
Susan Maysells
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. katherine Jenson
City Attorney
"CITY"
CITY OF LA QUINTA, a municipal
corporation
Frank J. Spevacek, City Manager
-39-
Ap-c' 115 1�113
Da4e
kfie 11- 45- �?4)
Date
"MANAGER"
LANDMARK GOLF MANAGEMENT, LLC
By: (-L,,,;) V120,
Name: A v L vo 5 IC.,f - P(,e-,5 t"'� � � i Z
By:
Name: -7PAAU-J,(4Al SP— VP
-40-
EXHIBIT "A"
SILVERROCK GOLF COURSE
GOLF COURSE OPERATIONS AND MAINTENANCE STANDARDS
1 . Greens Maintenance. Manager shall maintain all greens in accordance with
accepted playability and industry -wide standards. Without limiting the generality of
the foregoing, Manager shall maintain all greens in accordance with the following
minimum requirements:
(i) Change cups and repair ball marks daily.
(ii) Mow greens daily with a reel -type mower designed specifically for
mowing golf greens and of the type, make, and model accepted by the golf
industry.
(iii) Verticut all greens as needed to control mat and thatch buildup.
(iv) Aerify greens as scheduled and remove plugs the same day, top dress
the greens following each core aerification.
(v) Treat greens with proper Integrated Pest Management practices (IPM)
to control insects, disease, and other pests.
(vi) Fertilize greens at a rate and frequency that will promote healthy turf
propagation.
(vii) Manager shall have the soil analyzed once every five years to
determine the nutrient needs of the soil and turf. Additional analysis may be
necessary to identify conditions causing a deficiency.
2. Tee Maintenance. Manager shall maintain all tees in accordance with
accepted playability and industry -wide standards. Without limiting the generality of
the foregoing, Manager shall maintain all tees in accordance with the following
minimum requirements:
(i) Service tees daily by moving markers.
(ii) Mow tees four (4) times weekly with reel -type mower at appropriate
height for turf type and climate conditions.
(iii) Verticut tees as needed for thatch removal.
(iv) Repair worn and damaged turf areas as they occur by overseeding or
sod to ensure playable tees at all times.
-41-
M Treat tees with proper IPM practices to control insects, disease, and
other pests.
NO Fertilize tees at a rate and frequency that will promote healthy turf
propagation.
(vii) Repair divots daily.
(viii) Manager shall have the soil analyzed once every five years to
determine the nutrient needs of the soil and turf. Additional analysis may be
necessary to identify conditions causing a deficiency.
(ix) Aerify all tees as scheduled.
3. Fairway Maintenance (including Driving Range Area). Manager shall maintain
all fairways in accordance with ' accepted playability and industry -wide standards.
Without limiting the generality of the foregoing, Manager shall maintain all fairways
(including the driving range area) in accordance with the following minimum
requirements:
(i) Mow fairways with a reel -type mower.
0i) Verticut fairways as necessary for turf health and playing conditions.
ON) Aerify all fairways as scheduled.
(iv) Overseed and top dress (or sod) worn or bare areas of fairways as
necessary.
(v) Treat fairways with proper IPM practices to control insects, disease,
and other pests.
(vi) Fertilize fairways at a rate and frequency that will promote healthy turf
propagation.
(vii) Manager shall have the soil analyzed once every five years to
determine the nutrient needs of the soil and turf. Additional analysis may be
necessary to identify conditions causing a deficiency.
4. Maintenance of Rough and Other Turf Areas. Manager shall maintain rough,
turf, perimeter landscape areas, and landscape lawn areas, including plant and
annual color areas, in accordance with accepted playability and industry -wide
standards. Without limiting the generality of the foregoing, Manager shall maintain
all rough, turf, perimeter landscape areas, and landscape lawn areas, including
plant and annual color areas, in accordance with the following minimum
requirements:
-42-
W Mow at least once per week.
00 Verticut as necessary to promote healthy growth.
(iii) Aerify as needed and seed or sod worn or bare areas in turf as
necessary.
(iv) Treat areas with proper IPM practices to control insects, disease, and
other pests.
(v) Fertilize at a rate and . frequency that will promote healthy turf
propagation.
(vi) Manager shall have the soil analyzed once every five years to
determine the nutrient needs of the soil and turf. Additional analysis may be
necessary to identify conditions causing a deficiency.
5. Maintenance of Accessory Equipment. Manager shall maintain all golf
course accessory equipment in a clean, safe, functioning condition at all times,
replacing with equipment and/or materials as necessary, including, but not limited
to, the following:
(i) Signs.
00 Trash receptacles.
(iii) Tee markers.
(iv) Cleat cleaners.
(v) Out-of-bounds markers, water hazards, cart directional signs, etc.
NO Directional flags and poles.
(vii) Distance markers (150 yards, etc.).
(viii) Greens flags, poles and cups.
(ix) Practice green markers and cups.
6. Irrigation. Manager shall maintain the entire irrigation system serving the
Golf Course property, including main lines, valves, lateral lines, sprinkler heads, and
controllers, in good repair, functioning properly and conforming to all related codes
and regulations at all times. Manager shall irrigate the Golf Course property as
required to maintain adequate moisture for growth rate and appearance in
accordance with accepted industry standards. Adequate soil moisture shall be
determined by visual observation, plant resiliency, turgidity, examining cores
removed by soil probe, moisture sensoring devices and programming irrigation
controllers accordingly. In addition:
(i) Consideration shall be given to soil texture, structure, water holding
capacity, drainage, compaction, precipitation rate, run-off, infiltration rate,
percolation rate, seasonal temperatures, prevailing wind condition, time of
-43-
day or night, type of grass or plant, and root structures.
00 In areas where wind creates problems of spraying onto private
property or road rights -of -way, the irrigation controller shall be set to operate
during the period of lowest velocity.
(iii) Manager shall be responsible for monitoring all systems within the Golf
Course property and for correcting the same for coverage, adjustment,
clogging of lines, and sprinkler heads, and removal of obstacles, including
plant materials which obstruct the spray.
(iv) Manager shall check the system daily and adjust and/or repair any
sprinkler heads causing excessive run-off, or which throw directly onto
roadway, paving or walks within rights -of -way.
(v) All controllers shall be inspected on a daily basis and adjusted as
required, considering the water requirements of each remote control valve.
(vi) A soil probe or tensiometer shall be used regularly to determine the
soil moisture content in various areas, with particular attention being given
to the greens.
(vii) Manager shall repair all leaking or defective valves within twenty-four
(24) hours.
(viii) Upon written request by City, Manager shall file a monthly statement
with CitV certifying that all irrigation systems are functioning properly.
(ix) If there is a reduction of the volume of water supplied to the Golf
Course property during peak demand periods, the priority of water
distribution by Manager shall be as follows:
(a) greens,
(b) tees,
(c) fairways, and
(d) other turf and landscape areas.
7. Other Required Duties.
(i) Manager shall remove all litter daily from the Golf Course grounds,
including but not limited to the Golf Course, maintenance yard, landscape
areas, and the driving range. Manager shall remove all trash and debris
resulting from Golf Course maintenance as it occurs. Manager shall clean,
repair, and replace trash receptacles as necessary to maintain clean, safe,
and sanitary conditions at all times.
-44-
(ii) Manager shall maintain shrub and ground cover plantings and lawn
areas in a manner to promote proper healthy growth and an aesthetically
pleasing appearance at all times.
(iii) Manager shall maintain all trees in a safe, healthy and aesthetically
pleasing condition at all times. Trees shall be pruned regularly in order to
promote growth, safety, and beauty.
(iv) Manager shall maintain all sand traps in a raked, edged, and weed -free
condition at all times, replacing sand in kind and rakes as necessary.
(v) Manager shall take whatever preventive steps necessary and legal to
protect all slope areas from erosion at all times, subject to the approved
budget.
(vi) Manager shall control rodent and other animal pests as necessary.
(vii) Manager.shall maintain and repair as necessary surface flow lines,
swales, catch basins, grates, subsurface drainage systems, and other
drainage structures in a clear, weed -free, and properly functioning condition
at all times.
(viii) Manager shall observe all legal requirements and safety regulations in
the use and storage of chemicals, hazardous materials, supplies, and
equipment.
(ix) Manager shall maintain the golf maintenance storage room and yard in
a clean, orderly, and safe condition at all times, conforming to all applicable
laws and regulations.
W Manager shall take reasonable measures to protect golfers from injury
and the Golf Course from damage in periods of frost, rainy weather, and
other unusual conditions.
(xi) Manager shall maintain bridge abutments and approaches in a safe and
stable condition.
(xii) Manager shall maintain walkways, steps, handrails on walkways,
headerboards, and cart paths in a clean, edged, safe, and weed -free
condition.
(xiii) Manager shall maintain, repair, and replace parking lots and driveways
to achieve clean, safe, and weed -free conditions.
NO Manager shall inspect the following frequently and repair as needed:
-45-
(a) all area lighting systems for safe and functioning condition, and
(b) all golf course parking lots, walkways, and interior paved and/or
unpaved surface roads.
8. Equipment. Manager shall maintain all equipment.
Personal Vehicles and Vehicles provided under a "Vehicle Allowance" are not
entitled to fuel, maintenance, or cleaning under the golf operations and training
travel.
-46-
EXHIBIT "B"
CITY OF LA QUINTA
SILVERROCK GOLF COURSE
GOLF COURSE OPERATIONS AND MAINTENANCE STANDARDS
SUPERINTENDENT:
CITY MANAGER/DESIGNEE:
1-fl:14:1k
I ki
DATE:
QUALITY STANDARD: Smooth, uniform, turf, firm but not hard, well-defined,
consistent, of suitable speed for the location. Cups placed in accordance with
USGA recommendations. Flags stand up straight. Cups, poles and flags are
uniform, clean and in good repair. 100% Turf coverage, color and texture of the
greens are uniform and properly mowed. No diseases, weeds, insects, rodents, or
bare spots. U NI A
TEES
QUALITY STANDARD: TEES: Complete turf coverage, level, firm but not hard,
clean, properly directed, with trash cans, signs, tee markers, sand and seed
containers (as appropriate) in good condition and repair, consistent and uniform in
turf coverage and color. No weeds, diseases, insects or rodents. Adequate top
dressing, seeding, and divot repair. Minimal litter or broken tees. U NI A
FAIRWAYS AND ROUGHS
QUALITY STANDARD: Fairways: Uniform turf coverage and color, smooth
mowing and trimming, clean, firm but not hard, well defined, that properly supports
the ball for play. Roughs: Properly. mowed and trimmed, clean and uniform for
play, distinct in height from fairways. Mowing height of fairways and roughs is
within USGA specifications, mowing frequency is appropriate for the turf type and
season. Absence of wet or dry spots in play areas. No weeds, disease, insects,
rodents, off-color areas, or bare spots. U N1 A
DRIVING RANGE
APPEARANCE - MANICURED AND CLEAN. Uniform mowing, color, texture of turf,
U = Unacceptable
NI= Needs Improvement
-47- A = Acceptable
smoothness of surface, cleanness of mowing on perimeters. Season appropriate
condition. Adequate top dressing, seeding, and divot repair for driving range tees.
U NI A
TREES AND SHRUBS
Pruned to maintain specimen health and safety to golfers and maintenance
employees. Shall be maintained in natural form with no geometric shapes.
U_ NI A
LAKES AND OTHER WATER BODIES
QUALITY STANDARD: Appearance of water -clean, no weeds or noxious growth,
no noxious odors, no floating trash/debris. Well defined and marked according to
USGA standards. U NI A
TRAFFIC CONTROL
1 . Ropes, stakes, and other traffic control devices are provided as necessary, in
good condition and proper appearance. Traffic control devices are used effectively
to minimize turf wear in high traffic areas. Worn areas are under repair. Routes
used by golf carts are well -maintained, free of potholes, and present a generally
smooth and clean appearance. U NI A
2. Cart paths - Concrete paths are clean with edges properly trimmed.
U_ NI A
MAINTENANCE RECORDS AND SCHEDULES
All of the following maintenance records properly kept, on site, and up to -date
1 .
Annual Maintenance Plan
U
NI
A
2.
Daily Employee Task Board
U
Ni
A,
3.
Materials and Safety Data Sheets
U
NI
A
4.
Equipment Maintenance Records
U
NI
A
5.
Labor scheduling
U
NI
A
6.
Gasoline log
U
NI
A
7.
First Aid Kit
U
NI
A.
U = Unacceptable
NI =Needs Improvement
-48- A=Acceptable
MAINTENANCE EMPLOYEES/CORE STAFF
1 . Required state and federal forms posted.
U NI A
2. Report number of Department employees. U NI A
Actual: Budget:
3. Uniforms, hard hats, steel toe shoes on all Department employees except
Golf Course Superintendent and Assistant Golf Course Superintendent. U NI A
MAINTENANCE SHOP AND EQUIPMENT
1 . Shop area is orderly, clean, with no obvious safety hazards. Fertilizer and
chemical storage is per federal, state, and local laws. No trash in yard or shop.
U N1 A
2. Equipment is in good repair, is clean and properly maintained. Daily checking
the engine oil, air cleaners, hydraulic oil, and status of machines under repair.
U NI A
REST ROOMS
MEN'S AND WOMEN'S FRONT NINE. Ceilings, walls, and floors are clean; toilets
clean, tops and under sides; mirrors clean and streak fee; soap dispenser clean and
full; paper towel, toilet paper, and seat cover dispensers clean and full; counter top,
sink, and faucet fixtures clean and functional. Light fixtures clean, functional and
bug -free; room air freshener clean and functional; trash receptacle clean with liner,
reasonable empty; napkin receptacles clean with liners. U_ NI A
MEN'S AND WOMEN'S BACK NINE. Ceilings, walls, and floors are clean; toilets
clean, tops and under sides; mirrors clean and streak fee; soap dispenser clean and
full; paper towel, toilet paper, and seat cover dispensers clean and full; counter top,
sink, and faucet fixtures clean and functional. Light fixtures clean, functional and
bug -free; room air freshener clean and functional; trash receptacle clean with liner,
reasonable empty; napkin receptacles clean with liners. U NI A
U = Unacceptable
NI =Needs Improvement
-49- A = Acceptable
MANAGER -
CITY MANAGER/DESIGNEE:
CLUBHOUSE
REST ROOMS
DATE:
MENS AND WOMEN'S CLUBHOUSE. Ceilings, walls, and floors are clean; toilets
clean, tops and under sides; mirrors clean and streak fee; soap dispenser clean and
full; paper towel, toilet paper, and seat cover dispensers clean and full; counter top,
sink, and faucet fixtures clean and functional, Light fixtures clean, functional and
bug -free; room air freshener clean and functional; trash receptacle clean with liner,
reasonable empty; napkin receptacles clean with liners. U NI A
CLUBHOUSE EXTERIOR
1 Parking lot trash -free, lot well striped and in good repair, trash bin area clean.
U NI A
2. Exterior wall surfaces clean and cobweb -free, windows clean. Paint in good
condition. All signage in good condition and uniformed. U NI A
3. Ground well -manicured, trash -free, walkways clean and edged, proper
planting, planter beds weed and trash -free. U NI A
4. Scorecards on carts with pencil, at golf shop counter, and #/tee. U NI A
5. Preventative maintenance programs in place for building and equipment. '
U_ N1 A
DRIVING RANGE
Quality and quantity of balls, ball washer in good condition, balls clean, no trash,
employees in uniform with name badge, baskets picked up on a regular basis,
receptacle for cigarettes, no cigarette butts on walkways or in grass area, bag
stands. U_ NI A
U =Unacceptable
NI =Needs Improvement
_50- A = Acceptable
GOLF (PRO) SHOP
1 . Managers Office: Clean, files organized, Manager in uniform with name
badge U. NI A
2. Customer Service: all staff have been trained in and provide first class
service to customers (including staff empowered to handle customer problems).
U NI A
3. Prices marked clearly, approved signage, merchandise hung and folded
properly, clean and neat with no old stock. U NI A
4. Carpet vacuumed and spot -free, windows and mirrors clean and streak- free,
shelves, counter tops, base boards, window ledges are dusted, starter counters
clean, and dressing room is clean and not used for storage. U NI A
5. Staff in uniform, clean, neat and clean hair, beard shaved with name badge.
U_ N1 A
6. Customer message board up and current, customer comment forms are
available on counter. U NI A
7. Starter's responsibilities: Starter sheet is in ink and legible; all last names
only with ring number. Complimentary play sheet by starter sheet, cart tickets
dated and signed, car key deposit control used. U N1 A
8. No employee access to security cameras. U NI A
9. First Aid Kit Available
U_ NI A
FOOD AND BEVERAGE
1 . Staff in uniform: logo shirt with name badge. U NI A
2. Front counter is clean with condiments fresh and in clean containers. Coffee
and soft drink stations are clean, adequately stocked, and ready for use. U NI A
3. Snack display well stocked and clean.
U NI A
4. Storage areas: clean with shelves organized. Food and materials stored per
applicable governmental regulations. U NI A
5. First aid kit available U NI A
U = Unacceptable
NI =Needs Improvement
-51- A = Acceptable
DINING ROOM
1 . Chairs, seats, and tables are clean and in good repair. U NI A
2. Dining area: carpet vacuumed and spot -free. Windows clean and streak -free.
Tables and chairs neatly arranged. U_ NI A
3. Kitchen: Dish washing machine clean and sanitation procedures followed,
garbage disposal operable; pots, pans and all shelving grease -free; garbage cans
clean with liners; chopper, slicer and mixer clean and operable; kitchen floors clean;
drains operable and clean; hoods and filters clean; refrigerators clean and
organized; food stored off of the floor; food (film covered) in refrigerators and
freezers; fire extinguishers current; last Health Department inspection. U NI A
4. Inventory organized and in locked storage when applicable. Two staff
members take the inventories. U_ NI A
5. Freezers and refrigerators are at correct temperature. Sink areas clean. Grill
areas clean. U. NI A
OFFICE
1 . Banquet information available with contracts completed and signed for each
booking with deposit. Banquet histories, call reports, and files in place and current.
U NI A
2. Beverage tracking form being used. Breakage being disposed of properly.
U_ NI A
SECURITY
Alarm system operational, staff trained to use Fire extinguishers. U NI A
Proper accounting software on P.C.
U NI A
Parking and clubhouse lighting adequate, functional and on time, set properly for
the season: off a.m. - on p.m. U_ NI A
Bank deposits made during daylight hours only/one day or less, of receipts in
locked safe/deposits in bank daily/transfers made daily. U NI A
Safe locked, not on day lock.' Combination last changed U Ni A
U = U nac ce ptabi e
N I= Needs Improvement
-52- A = Acceptable
Tournament contracts files with receipt attached. Deposit rung and recorded day
received. U. NI A
Security cameras U NI A
CARTS
Electric Carts on site.
Quantity of carts down # U NI A
General Manager and cart mechanic understand and comply with agreement parts,
batteries, warranties (copy of agreement in maintenance book). U NI A
Maintenance records currently maintenance cardform in use/battery discharge
records kept/all repairs dated/tools available. U NI A
Carts cleaned daily and in good repair. Stocked with water, tees, and scorecard.
U N1 A
Cart storage area clean. U NI A
Employees demonstrate caring customer servicelneat and clean/hair
clean/shaved/employees in uniform with name badge/proper shoes. U N1 A
McDenk1hirl
Time clocks operational with cards available. U NI A
Required state and federal forms posted by time clock. OSHA 200 form posted in
clubhouse. U NI A
Personnel files up to date to include key and uniform issue. Attestation forms on
file for all employees. U NI A
First aid kit available and adequately stocked. Phone number for emergencies,
police, and fire posted. U NI A
Monthly staff and safety meetings being held. Forms complete and up-to-date.
U N1 A
New employee forms available, checklist/applications/loss prevention/employee
-53-
U =Unacceptable
NI= Needs Improvement
A = Acceptable
handbook/Reid reports/payroll deduction forms/insurance enrollment cards/liability
claim form. U N1 A
Additional personnel forms available, verbal warning/written warnings/termination
checklist/liability claim form. U- NI A
Employee background checks
LIST COMMENTS/DEFICIENCIES
U NI A
U =Unacceptable
N I =Needs Improvement
-54- A = Acceptable
EXHIBIT "C"
CITY OF LA QUINTA
SILVERROCK GOLF COURSE
NOTICE OF GOLF COURSE DEFICIENCY
Golf Operations
Greens
Tees
Fairways & Roughs
Driving Range
Maintenance Records & Schedules
Lakes & Water Hazards
Traffic Control
Maintenance Employees
Maintenance Shop & Equipment
Rest Room
Clubhouse Operations
Clubhouse
Pro Shop
Inventory
Food & Beverage
Security & Accounting
Carts
Personnel
Statement of Deficiency
Describe nature of deficiency to be corrected:__
Reported By: Date: -
Date Correction Due:
Statement of Correction
Describe what has or will be done to correct this deficiency:
Reported By: Date:
Acknowledgement of Deficiency Correction
It is hereby acknowledged that the above -listed golf course deficiency has been
satisfactorily corrected.
City of La Quinta: By: Date:
Landmark Golf Management: By: Date:
-55-
U =Unacceptable
N1 =Needs Improvement
A = Acceptable
�V�(W c4.-; +
DATE (Mmmmmn
CERTIFICATE OF LIABILITY INSURANCE "24a013
THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATIONONLY ANDCONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(fes) must be endomed, if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such andorsement(a).
PRODUCER Phow (951I694-52DO Fax (951)302-0470 Ashlee Salute
TEMECULA INSURANCE SERVICES "ONE Ax (951) 302-0470
694-5200
285" OLD TOWN FRONT STREET EAWL
SUITE #306 ADDRESS: INSURER(3) AFFORDING COVERAGE NAIC
TEMECULA CA 92590 INSURERA Granite State Insurance Company
I RED INSURER B Star Insurance Company
aNDMARK GOLF MANAGEMENT
79-179 AHMANSON LANE INSURER C
LA QUINTA CA 92253 INSURER D:
INSURER E
COVERAGES CERTIFICATE NUMBER: 3860 INSURER F REVISION NUMBER,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TH INSURED NAMED A13OVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY P DCLAIMS.
INSR TYPE OF INSURANCE ADlYL SUBIR POLICY NUMBER POLICY EFF POLICY FXP LIMITS
LTR INSR WVD -ANNOOMMI— _LMWDD8DDM_ $ 1,000,000
A GENERAL LIABILITY 02-LX-066142514-1 11105112 111051113 EACH OCCURRENCE
CTV AAGETO REN�TED $ 300,000
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea �w) —
--ICLAIMS-MADE [XIOCCUR MED. EXP (Any one person) $ 15,000
PERSONAL & ADV INJURY $ 1,000,000
X liquor Liability GENERAL AGGREGWT—E --�-3,060,000
PROOUCTS-COMP/OPAGG $ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO $
POLICY F-1 11E�� 7] LOC COMBINED SINGLE LIMIT —
A AUTOMOBILE LIABILITY 02-LX-066142514-i 11105112 11105113 (E..Cdden� 3 1,0001000
— ANY AUTO -6 UDILY INJURY �JPer pen�on)
— ALL OWNED SCHEDULED BODILY INJURY (Per aocident)
AUTOS AUTO$ $
L NON -OWNED F1ROPFRTV_DAMAGE
UTO
X HIRED AUTOS X AUTOS (per accident)
0,000,000
a
A X UMORELLA LIAB OCCUR 02-LX-066142514-1 11/05/12 11105113 EACH OCCURRENCE $
.0 SS
CESS LIA13 CLAIMS -MADE AGGREGATE 20,000,000
$
IDED I IRETENTIO S
�ETR $
B WORKERS 1:01APENSAlnom WCMSTR 0622214 12123112 2=1 3
AND EMPLGYERS' UA61UTY YIN E.L. EACH ACCIDENT $ 1,()00,000
ANY PROPRIETORIPARTNERI"ECUTIVE
OFFICIEWMEMSER EXCLUDED? WA E.L. DISFASE-EA EMPLOYEE $ 1,000,000
(M-datory in NH)
Ifyn,desaibemder E.L. DISEASE -POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS balw
A Business Personal Propeny 02-LX-06142514-1 11105112 11/05113 $989,650
A Garegelkeepers Legal LiaNlity 02-LX-066142614-1 11/05112 11105/13 $10,000,000
DESCRIPTION OF OPERATIONS $ LOCATIONS I VEHICLES (AttKh ACORD 101, Additional Remarks Schedule, If more space Is required)
Certificate Holder Is named as Additional Insured as respect General Liability and Loss Payee as respects Business Personal Property
and Business Interruption. Walver of Subrogation for Workers Compensation is attached. The undersigned Is aware of and will comply
with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining In full force and effect for the duration of the
Agreement, complete workers compensation Insurance, and shall furnish a certificate of Insurance to City prior to the commencement of
the term of the Agreement. Coverage also Includes Business Interruption Including rental value with an Actual Loss Sustained limit.
CERTIFICATE HOLDER CANCELLATION
City of La Quinta SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA14CELLED BEFORE
78495 Calle Tampico THE L EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
La QuInta, CA 92253 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Bradley J.
Attention: �
26 (2010105)
The ACORD name and logo are registered marks of ACORD
WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY
VVC 04 03 06 (Ed, 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-
CALIFORNIA
This endorsement changes the policy to whichil is attached effect!'ve on the inception date of the polic�y unless a
different date is indicated below,
(The folicrwing'attaching clause" need be completec[ Only w�en M5 endorsemeii-it IS iSSU,ad $UbStIqLent to preparation of Me policy.1,
This endorsement, effective on 12/23,12012
Policy No. VVCMSTR 0522214
of the Star �nsuranr.& Company
issued to Landmark Golf Management, LLC
Preirium (if any) $ 63
at 12 01 A. M standard tirne, fcrms a part of
Endorsement No.
We have the right to recover our payments from ainyone liable for an injl-9eovered by this policy. We w'jll not
enforce our right against the person or organization named tn the (This agrt�ement applies only to tne
extent that you perform work under a written ccritract that requ�res you to obtain this agreement f�-orn us,)
You must maintain payroll records a �curatefy segregating the remuneration of your emplovees whIle engaged in
the work described in the Schedule,
Thi� additional premium for this endorsement shall: be 11/4 of the Ca!Jornia workers' comDensation premiurn
otherwise due on such remuneration.
Schedule
Name Address p
_p5�:ripfion of ations
City of La Quinta 78945 CALLE TAMPICO Start Date 12/23,Q01i 2 End Dite 1 Z2312013
LA QLJlNTA,CA,922)53 Street 1791?9 Ahmanson Lane Zip 92253
StTeet 2 City State La Quint=-. CA
Description G3c1t Course
WC 252 (4-84)
WC 04 0 1)(; (Ed 4-84) Page 1 Uf 1
�9513020470 DESERT SWST INS.BR 06:46V pm 04-16-2013
E
E
POLICY NUMBER: 02-LX-066142614-1
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the followjng,
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person,(s) Or OEganization1s)
City of La Quinta
78495 Calls Tampico
La Quinta, CA 92253
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section 11 — Who Is An Insured is amended to in-
clude as an addiUonal insured the person(s) or organk
zation(s) shown in the Schedule, but only with respect
to liability for "bodily Injury", "property damage" or
"personal and advertising Injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on your behalf.
A. In the performance of your ongoing operations; or
B. In connection YAth your premises owned by or
rented to you.
CG 20 26 07 04 C ISO Properties, Inc., 2004 Page I of 1 (3
009513020470 DESERT SWST INS. BR 06:45:40 p.m. 04-16-2013 212-
0
10. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker'does not Include a "temporary worker".
11."Loading or unloading" means the handling of
property:
a. After it 'is moved from the place where It is
accepted for movement into or onto an aircraft,
watercraft or 1'autd';
b. While 'a is in or on an aircraft, watercraft or
I'auto"; or
c. While it is being moved from an aircraft, water-
craft or "auto" to the place where it is finally de-
livered:
but "loading or unloading" does'not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not at-
tached to the aircraft, watercraft or "auto".
12."Mobile equipmene' means any of the following
types of land vehicles, including any attached ma-
chinery or equipment
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, main-
tained primarily to provide mobility to perma-
nently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
a. Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to per-
manently attached equipment of the following
types:
(1) Air compressors, pumps and generators,
including spraying, welding. building clean-
ing, geophysical exploration, lighting and
well servicing equipment-, or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or car-
go.
However, self-propelled vehicles with the fol-
lowing types of permanently attached equip-
ment are not "mobile equipment" but will be
considered "autos":
(11) Equipment designed primarily for:
(a) Snow removal-,
(b) Road maintenance, but not construction
or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building clean-
ing, geophysical exploration, lighting and
well servicing equipment.
However, "mobile equipment' does not include
any land vehicles that are subject to a compulsory
or financial responsibility law or other motor vehi-
cle insurance law in the state where it is licensed
or principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehde insurance law are considered "au-
tosit.
13."OccurrenW means an accident, including con-
tinUous or repeated exposure to substantially the
same general harmful conditions.
U."Personal and advertising lnjury� means injury,
including consequential �bodily injury", arising out
of one or more of the following offenses'.
a. False arrest, detention or imprisonment;
b. Malicious prosecution',
c. The wrongful eviction from, wrongful entry into,
or invasion of the right of private occupancy of
a room, dwelling or premises that a person oc-
cupies, committed by or on behalf of its owner,
landlord or lessor,
d. Oral or written publication, in any manner, of
material that slanders or libels a person or or-
ganization or disparages a person's or organi-
zation's goods, products or services;
a. Oral or written publication, in any manner, of
material that violates a person's right of priva-
cy;
f. The use of another's advertising idea in your
"advertisement"', or
9. Infringing upon another's copyright, trade dress
or slogan in your "advertisement'.
Page 14 of 116 0 ISO Properties, Inc.. 2006 CG 00 0112 07
Ic
File Edit Cminand5 Help
W"AWM S � - " "3R
License File Ch ge Ge ral Information
Business control:
185 Last tj v 1i Ci-Pated 01116113byMMENDOZA
Du ess Name and Add s Mail 1 rig Aftes s
CLF',MANAGE F'Nf:,LL6;'
LANDMA
79173 AHMANSON LN
LA Cii
92253
License number: 14 ODUD7739
4/3-
Application, issue, expiration: jr�-17f�i�66—;� '0-1`1—�61'2-i I � 1-16" C-V�2-0- —
OK 14 )-'S
7
License status: ACTIVE
1, xkt
Classification: MANAGEMENT FUF3LC L6LIgW SERVICEs
faucc,$ Exemption:
0j
Codi Comments: .......................
Restrictions:
App4canViUu-
Gross receipts: 563064.DO
eprint s license.
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MW
Appendix 3: SilverRock Dust and PM-10 Control Contract Services and Revocable License
Agreement (29 pages)
CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT
This CONTRACT SERVICES AND R�VOCABLE LICENSE AGREEMENT (the
"Agreement") is made and entered into by and between the CITY OF LA QUINTA, a
California municipal corporation and charter city (the "City"), and LA QUINTA FARMS,
LLC., a California limited liability company (the "Contractor").
RECITALS
WHEREAS, City desires to utilize the services of Contractor as an independent
contractor to provide the City with contract farming of the undeveloped property at
SilverRock Resort for the purpose of dust and PM 10 control; and
WHEREAS, Contractor represents that it is fully qualified to perform such services
by virtue of its experience and the training, education and expertise of its principals an.d
employees; and
WHEREAS, City desires to retain Contractor, and Contractor desires to serve City,
to perform these services subject to the terms contained herein and all applicable local,
state and federal laws and regulations; and
WHEREAS, City is the owner of U.S. Trademark Registration No. 3,509,881 for the
mark SR SILVERROCK (stylized), as well as Application Serial Nos. 78/426623,
77/521788 and 771661713 to register the mark SR SILVERROCK RESORT (stylized), SR
SILVERROCK (stylized) and SR SILVERROCK RESORT (stylized), respectively (collectively
the "Trademarks"), which recite a variety of goods and services. The Trademarks are used
by City in connection with property on which one golf course has been developed, and
which is designated for development of a second golf course, a luxury resort, and a retail
venue (the "SRR Property"). Contractor seeks to use the Trademarks in connection with
produce grown and sold on the Property (the "Licensed Goods").
NOW, THEREFORE, in consideration of the foregoing Recitals, which are
incorporated herein by this reference, and for other valuable consideration, the sufficiency
of which is hereby acknowledged, the parties agree as follows:
1.0 SERVICES OF CONTRACTOR
1 . 1 . Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor shall provide those services related to the undeveloped
portions of the Property, w.hich comprise approximately 290 acres (the "Property"),
as specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Contractor
warrants that all services will be performed in a competent, professional and
satisfactory manner in accordance with the standards prevalent in the industry for
such services. In addition to the services required to be performed by Contractor
hereunder, the City has agreed to provide to Contractor a revocable license,
pursuant to the terms and conditions set forth in Exhibit "B", which is attached
1191015610-0065
3114281.4 a05117/12
hereto and incorporated herein by this reference, and as further governed by this
Agreement, for the sole and exclusive purposes of permitting Contractor to use up
to 35 acres of the Property (at Avenue 52 and Jefferson Street) for the purpose of
Contractor growing vegetables and fruit, together with the operation of a
vegetable/fruit stand (the "License").
1.2. Compliance with Law. All ' services rendered hereunder and all actions taken
by Contractor pursuant to the License shall be provided in accordance with all
applicable local, state and federal ordinances, resolutions, statutes, rules,
regulations and laws.
1.3. Licenses, -Permits, Fees and Assessments. Except as otherwise specified
herein, Contractor shall obtain at its sole cost and expense all licenses, permits and
approvals as may be required by law for all of Contractor's services and activities
hereunder, including, without limitation, any farming operation or retail sales of
vegetables and fruits permitted by the License. Contractor shall have the sole
obligation to pay for any fees, assessments and taxes, plus applicable penalties and
interest, which may be imposed by law and arise from or are necessary for the
performance of the services required by this Agreement or the actions taken by
Contractor pursuant to the License.
1.4. Familiarity with Work. By executing this Agreement, Contractor warrants
that (a) it has thoroughly investigated and considered the work to be performed, (b)
it has investigated the site of the work and fully acquainted itself with the
conditions there existing, (c) it has carefully considered how the work should be
performed, and (d) it fully understands the facilities, difficulties and restrictions
attending performance of the work under this Agreement. Should Contractor
discover any latent or unknown conditions materially differing from those inherent in
the work or as represented by City, it shall immediately inform City of such fact and
shall not proceed except at Contractor's risk until written instructions are received
from the Contract Officer (as defined in Section 4.2 hereof).
1.5. Standard of Care. Contractor acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Contractor's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Contractor represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement. Contractor shall adopt reasonable methods during the term of
this Agreement to furnish continuous protection to the work performed by
Contractor, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, during the term of this Agreement, except such losses or
damages as may be solely caused by City's own negligence. The performance of
services by Contractor shall not relieve Contractor from any obligation to correct
any incomplete, inaccurate or defective W'ork at no further cost to City, when such
inaccuracies are due to the negligence of Contractor.
119/015(310-0065
3114281.4 a05117112
1.6. Additional Services. In accordance with the terms and conditions of this
Agreement, Contractor shall perform services in addition to those specified in the
Scope of Services only when directed in writing to do so by the Contract Officer,
provided that Contractor shall not be required to perform any �additional services
without compensation. Any addition 'in comp ensation not exceeding five percent
(5%) of the "Contract Sum" (as defined in Section 2.1 hereof) may be approved by
the Contract Officer. Any greater increase must be approved by the City Council.
1 .7. Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in the "Special Requirements"
provisions in ' Exhibit "E" which is incorporated herein by this reference and
expressly made a part hereof. in the event of a conflict between the provisions of
the Special Requirements and any othei provisions of this Agreement, the
provisions of the Special Requirements shall govern.
2.0 COMPENSATION
Prorational share applicable to SR public use parcels =221.78 acres / 290
acres or 76.5% of $285,000 or $217,956
2.1. Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with Exhibit "C" Ithe "Schedule of
Compensation"). Contractor shall be paid monthly, with each such monthly
payment in the amount of Twenty -Three Thousand, Seven Hundred Fifty Dollars
($23,750), not to exceed Two Hundred Eighty -Five Thousand Dollars ($285,000)
per year in any full year of this Agreement (the "Contract Sum"), except as
provided in Section 1.6. These payments are inclusive of all of Contractor's costs
and expenses, and no reimbursement will be provided for Contractor's costs and
expenses in carrying out these services. The method of compensation set forth in
the Schedule of Compensation shall be paid in the manner set forth in Section 2.2
but shall not exceed the Contract Sum.
2.2. Method of Payment. The Contract Sum will be payable in 12 monthly
installments of $23,750, pending a monthly Performance Schedule Exhibit "D")
review by and between the Contractor's representative and the Contract Officer.
Contractor shall submit to City no later than the tenth (10th) working day of each
month during the term hereof, in the form approved by City's Finance Director, an
invoice for services rendered for the immediately preceding calendar month. Such
invoice shall (1) describe in detail the services provided, including labor, time, and
materials, and (2) contain a certification by a principal member of Contractor
specifying that the payment requested is for work performed in accordance with the
terms of this Agreement. City will pay Contractor the sum due pursuant to this
Agreement no later than thirty (30) days after an invoice is received by the City's
Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1. Time of Essence
Agreement.
1191015610-0065
3114281.4 aO5/17/12
Time is of the essence in the performance of this
-3-
3.2. Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit "D",
attached hereto and incorporated herein (the "Schedule of Performance").
Extensions to the time period specified in the Schedule of Performance may be
approved in writing by the Contract Officer.
3.3. Force Maieure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without
the fault or negligence of Contractor, including, but not restricted to, acts of God or
of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions,
riots, strikes, freight embargoes, acts of any governmental agency other than City,
and unusually severe weather, if Contractor shall within ten (10) days of the
commencement of such delay notify the Contract Officer in writing of the causes of
the delay. The Contract Officer shall ascertain the facts and the extent of delay,
and extend the time for performing the services for the period of the forced delay
when and if in his or her judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
3.4. Term. This Agreement shall commence on July 1, 2012 and expire on June
31, 2015 (initial term) unless earlier terminated pursuant to specific terms in this
Agreement. This Agreement may be extended for two (2) additional one-year terms
upon mutual agreement by both parties (each, an extended term). Unless earlier
terminated in accordance with Sections 8.7 or 8.8 of this Agreement, or the
Schedule of Performance, this Agreement shall continue in full force and effect until
the expiration of the initial term or any extended term.
4.0 COORDINATION OF WORK
4.1. Representative of Contractor. The following principals of Contractor are
h ' ereby designated as being the principals and representatives of Contractor
authorized to act in its behalf with respect to the work specified herein and make all
decisions in connection therewith:
a. Joe Manion, President
b. Bret Manion, Secretary
It is expressly understood that the experience, knowledge, capability, and reputation
of the foregoing principals were a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing principals shall be responsible during the term
of this Agreement for directing all activities of Contractor and devoting sufficient
time to personally supervise the services hereunder.
The foregoing principals may not be changed by Contractor and no other personnel
may be assigned to perform the service required hereunder without the express
written approval of City.
1191015610-0065
3114281.4 aO5/17/12 -4-
RA
4.2. Contract Officer. The Contract Officer shall be Steve Howlett, Golf & Parks
Manager of the City, or such other. person as may be designated in writing by the
City Manager. It shall be Contractor's responsibility to assure that the Contract
Officer is kept informed of t6 progress of the performance of the services and
Contractor shall refer any decisions which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
4.3. Prohibition Against Subcontracting or Assignment; Preventions of Liens. The
experience, knowledge, capability and reputation of'Contractor, its principals and
employees were a substantial inducement for City to enter into this Agreement.
Except as set forth in this Agreement, Contractor shall not contract or subcontract
with any other entity to perform in whole or in part the services required hereunder
without the express written approval of City. In addition, neither this Agreement
nor any interest herein (including, without limitation, the License) may be assigned
or transferred, voluntarily or by operation of law, without the prior written approval
of City, which approval may be granted or withheld in the City's sole and absolute
discretion. Any attempted or purported assignment or sub -contracting by
Contractor without the City's express written approval shall be null, void and of no
effect. In addition, Contractor shall take all steps necessary to insure that no
supplier of goods or services to Contractor files any notice, lien or similar document
against the Property or any portion thereof and "shall be responsible for the
immediate removal of any such cloud on the City's title to the Property or portion
thereof.
4.4. Independent Contractor. Neither City nor any of its.employees shall have
any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth.
Contractor shall perform all services required herein as an independent contractor of
City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with. that role. Contractor shall have no
power to incur any debt, obligation, or liability on behalf of City. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees
are agents or employees of City. Contractor, agrees to pay all required taxes on
amounts paid to Contractor under this Agreement, and to indemnify and hold City
harmless from any and all taxes, assessments, penalties, and interest asserted
against City by reason of the independent contractor relationship created by this
Agreement. Contractor shall fully comply with the workers' compensation laws
regarding Contractor and Contractor's employees. Contractor further agrees to
indemnify and hold City harmless from any failure of Contractor to comply with
applicable workers' compensation laws. City shall have the right to offset against
the amount of any fees due to Contractor under this Agreement any amount due to
City from Contractor as a result of Contractor's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 4.4.
4.5. City Cooperation. City shall provide Contractor with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
1191015610-0065
3114281.4 a05/17112
-5-
performed hereunder which are reasonably available to Contractor only from or
through action by City.
5.0 INSURANCE.
5.1 Insurance. Prior to the beginning of any work under this Agreement and
throughout the duration of the term of this Agreement, Contractor shall procure and
maintain, at its sole cost, and submit concurrently with its execution of this
Agreement, insurance as described herein. All insurance coverage required by this
Agreement shall be placed with insurers authorized to do business in the State of
California with an A.M. Best rating level of A- or better, Class VI or better, unless
otherwise approved by the City's Risk Manager in writing.
5.1.1. Minimum Coverage. Insurance shall include the following (or broader)
coverage:
a. Insurance Services Office Commercial General Liability
coverage "occurrence" form CG 00 01 or its exact equivalent with an
edition date prior to 2004 and with minimum limits of $1,000,000
per occurrence and $2,000,000 in the aggregate.
b. Insurance Services Office form number CA 0001 or equivalent
covering Automobile Liability, including hired and non -owned
automobile liability with a minimum limit of $1,000,000 per accident.
If Contractor owns no vehicles, this requirement may be satisfied by a
non -owned and hired auto endorsement to Contractor's commercial
general liability policy.
C. Contractor shall carry Workers' Compensation Insurance
complying with California's worker's compensation laws, including
statutory limits for workers' compensation and an Employer's Liability
limit no less than $1,000,000 per accident or disease.
5.1.2. Required Endorsements. Liability insurance policies required to be
provided by Contractor hereunder shall contain or be endorsed to contain the
following provisions:
a. City, its employees, officials, representatives, agents and
member agencies shall be covered as additional insureds. Coverage
shall apply to any and all liability arising out of the work or related to
this Agreement. Additional insured status under the general liability
requirement shall be provided on Insurance Services Office Form CG
20 10 with an edition date prior to 2004, or its equivalent. Additional
insured status for completed operations shall be provided either in the
additional insured form or through another endorsement such as CG
20 37 with an edition date prior to 2004.
b. General and automobile liability insurance shall apply
separately to each insured against whom a claim is made or suit is
11 9j01 5610-0065
3114281A a05117/12 -6-
brought, except with respect to the limits of the insurer's liability.
Coverage will not be limited to City's vicarious liability.
C. Liability coverage shall be primary and non-contributing with
any insurance maintained by the City.
d. Each policy required hereunder, and the associated evidence of
coverage (including the workers' compensation and employer's
liability policies), shall provide that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after prior
written notice has been given to City. Such provision shall not
include any limitation of liability of the insurer for failure to provide
such notice.
e. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contractor, or Contractor's employees, or
agents, from waiving the right of recovery prior to a loss. Contractor
waives its right of recovery against City.
5.1.3. Verification of Coverage. Contractor shall deposit with City
concurrently with the execution of this Agreement certificates of insurance
evidencing the coverage required hereunder and all required endorsements.
5.1.4. No Waiver or Obligation. There shall be no recourse against City for
payment of premiums or other amounts with respect "to the insurance
required to be provided by Contractor hereunder. Any failure, actual or
alleged, on the part of City to monitor compliance with these requirements
will not be deemed as a waiver of any rights on the part of City. City has no
additional obligations by virtue of requiring the insurance set forth herein.
5.1.5. Prompt Notice. Contractor agrees to provide immediate notice to City
of any claim or loss against Contractor arising out of the work performed
under this Agreement. City assumes no obligation or liability by such notice,
but has the right (but not� the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
5.1.6. Subcontractors. Contractor shall include all subcontractors, if any, as
insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractor approved by City. All coverages for
subcontractors, if any, shall be subject to all of the requirements stated
herein unless otherwise approved in advance in writing by City's Risk
Manager.
5.2 Remedies. In addition to any other remedies City may have if Contractor
fails to provide or maintain any insurance 'policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
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a. Obtain the insurance City deems necessary and either (i) require
prompt reimbursement by Contractor, or (ii) deduct and retain the amount of
the premiums for such insurance from any sums due under this Agreement.
b. Order Contractor to stop work under this Agreement and/or withhold
any payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any
other remedies City may have. The above remedies are not the exclusive
remedies for Contractor's failure to maintain or secure appropriate policies or
endorsements. Nothing herein contained shall be construed as limiting in any
way the extent to which Contractor may be held responsible for payments of
damages to persons or property resulting from Contractor's or its
subcontractors' performance of work under this Agreement.
6.0 INDEMNIFICATION; ENVIRONMENTAL MATTERS.
6.1 Indemnification. To the fullest extent permitted by law, Contractor shall
indemnify, protect, defend and hold harmless the City and any and all of its
officials, employees, representatives, and agents (collectively, the "Indemnified
Parties") from and against any and all liability, claims, suits, actions arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses
or costs of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, actual attorney fees incurred by
City, court costs, interest, defense costs including fees of expert contractors or
expert witnesses incurred in connection therewith and any other costs or expenses
of any kind whatsoever incurred in relation to, as a consequence of or arising out of
or in any way attributable in whole or in part to the performance of this Agreement.
All obligations under this provision are to be paid by Contractor as the City incurs
them.
6.1.1. Excepjionto Contractor's Obligation to Indemnify. Without
affecting the rights of City under any provision of this Agreement or this
section, Contractor shall not be required to indemnify and hold harmless City
as set forth above for liability attributable to the sole fault of City, provided
such sole fault is determined by agreement between the parties or by the
findings of a court of competent jurisdiction. This exception will apply only
in instances where City is shown to have been solely at fault and not in
instances where Contractor 'is solely or partially at fault or in instances where
City's fault accounts for only a percentage of the liability involved. In those
instances, the obligation of Contractor will be all-inclusive and City will be
indemnified for all liability incurred, even though a percentage of the liability
is attributable to conduct of the City.
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6.1.2. Contractor Acknowledgment. Contractor acknowledges that its
obligation pursuant to this section extends to liability attributable to City, if
that liability is less than the sole fault of City.
6.1.3. Indemnity Provisions for Subcontractors. Contractor agrees to
obtain executed indemnity agreements with. provisions identical to those set
forth in this Section 6.1.3 from each and every subcontractor, sub 'tier
contractor or any o ' ther person or entity involved by, for, with or on behalf of
Contractor in the performance of this Agreement, In the event Contractor
fails to obtain such indemnity obligations from others as required herein,
Contractor agrees to be fully responsible according to the terms of this
section.
6.1.4. No Waiver; Survival. Failure of City to monitor compliance with the
requirements of this Section 6.1.4 imposes no additional obligations on City
and will in no way act as a waiver of any of City's rights hereunder.
Contractor's obligation to indemnify and defend the Indemnified Parties as
set forth herein is binding on the successors, assigns, or heirs of Contractor
and shall survive the termination of this Agreement or this section.
6.2. Environmental Requirements.
a. Contractor shall use only non- rest ricted'and approved products, as set
forth on attached Exhibit "E", which is incorporated herein by this reference,
on the Property.
b Contractor shall not use manure on the Property. Contractor shall use
only dry and liquid fertilizers which do not have lingering odors.
C. Contractor shall be liable and responsible for the clean-up of any
"Hazardous Materials" (defined below) or environmental contamination,
which occur as a result of, or arises in connection with, any activities
conducted by Contractor, its employees, agents, subcontractors or
representatives, or invitees, under this Agreement, including, without
limitation, the License, and shall indemnify and hold harmless the City of La
Quinta from and against any and all claims, losses, damages and injuries of
any nature whatsoever resulting from or arising out of Contractor's activities
under this Agreement, including, without limitation, the License, except to
the extent resulting from the gross negligence or willful misconduct of City,
its employees, agents, contractors or representatives. Contractor's
obligation to observe and perform this covenant shall survive the expiration
or other termination of this Agreement. If any Hazardous Materials
attributable to Contractor, its agents, employees, subcontractors or
representatives, or invitees, or the activities of any of them, are found in the
soil, air, surface or ground water on, under or about the Property,
Contractor, at its sole expense, shall promptly take any and all actions
necessary to return the Property to the condition existing prior' to the
introduction of such Hazardous Materials to the Property in accordance with
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all applicable laws and the requirements of all governmental agencies with
jurisdiction, provided that City's approval of such actions shall first be
obtained, which approval shall not be unreasonably withheld. If Contractor
causes or permits a significant release of Hazardous Materials or is in
material noncompliance with any applicable law or requirement of this
Section, City may make a reasonable demand for action upon Contractor. If
Contractor does not respond within thirty (30) days (unless there is an
emergency, in which case Contractor shall be required to respond as soon as
practicable), City may, at its option, take reasonable actions to remedy the
release or noncompliance at Contractor's sole expense, which sums shall be
immediately due and payable to City as additional compensation. At any
time during the term of this Agreement, Contractor shall, if required by any
governmental agency, promptly take whatever steps are necessary to
investigate and remedy any contamination by Hazardous Materials caused by
Contractor, its agents, employees, subcontractors or representatives, or
invitees.
d. For purposes of this Agre�ment, the term "Hazardous Materials" shall
mean (1) hazardous waste ' s, hazardous materials, hazardous substances,
hazardous constituents, toxic substances or related materials, whether
solids, liquids or gases, including, but not limited to, substances deemed as
"hazardous wastes," "hazardous materials," "hazardous substances," "toxic
substances," "pollutants," "contaminants," "radioactive materials," or other
similar designations in, or otherwise subject to regulation. under, the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended ("CERCLA "), 42 U.S.C. . § 9601 et� seq.; the To xic
Substance Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Hazardous
Materials Transportation Act, 49 U.S.C. 1802; the Resource Conservation
and Recovery Act ( "RCRA"), 42 U.S.C. 9601, et seq.; the Clean Water
Act ("CWA"), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42
U.S.C. § 300 et seq.; the Clean Air Act ("CAA'), 42 U.S.C. § 7401 et seq.;
the Hazardous Waste Control Law, California Health and Safety Code §
25025 et seq., the Carpenter- Presley -Tanner Hazardous Substance Account
Act, California Health and Safety Code, Division 20, Chapter 6.8, the
Hazardous Materials Release Response Plans and Inventory Act, California
Health and Safety Code, Division 20, Chapter 6.95, The Underground
Storage of Hazardous Substances Act, California Health and Safety Code,
Division 20, Chapter 6.7, the Porter -Cologne Act, California Water Code §
13050 et seq. and in any permits, licenses, approvals, plans, rules,
regulations or ordinances adopted, or other criteria and guidelines
promulgated pu.rsuant to the preceding laws or other similar federal, state or
local laws, regulations, rules or ordinances now or hereafter in effect relating
to environmental matters (collectively the "Environmental Laws"); and (ii)
any other substances, constituents or wastes subject to any applicable
federal, state or local law, regulation, ordinance or common law doctrine,
including any Environmental Law, now or hereafter in effect, including, but
not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil,
(D) waste aviation or motor vehicle fuel, (E) asbestos, (F) lead in water, paint
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or elsewhere, fG) radon, (H) polychlorinated biphenyls (PCB's) and (1) urea
formaldehyde.
7.0 RECORDS AND REPORTS.
7.1. Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning Contractor's performance of the services required
by this Agreement as the Contract Officer shall require.
7.2. Records. Contractor shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost'and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principles. The Contract 'Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
7-3. Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form,
which are prepared by Contractor, its employees, subcontractors and agents in the
performance of this Agreement, shall be the property of City and shall be delivered
to City upon termination of this Agreement or upon the earlier request of the
Contract Officer, and Contractor shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Contractor shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Contractor fails to secure such assignment, Contractor shall indemnify
City for all damages suffered thereby.
7.4. Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Contractor shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.5. Confidentiality. Contractor covenants that all data, documents, discussion,
or other information, if any, developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed
by Contractor to any person or entity without prior written authorization by City.
City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
8.0 ENFORCEMENT OF AGREEMENT.
8.1. California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the
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State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of the
County of Riverside, State of California, or any other appropriate court in such
county, and Contractor covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
8.2. Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting
a claim therefore. The injured party shall continue performing its obligations
hereunder so long as the injuring party commences to cure such default within ten
(10) days of service of such notice and completes the cure of such default within
forty-five (45). days after service of the notice, or such longer period as may be
permitted by the Contract Officer; provided that if the default is an immediate
danger to the health, safety and general welfare, City may take such immediate
action as City deems warranted, Compliance with the provisions of this section
shall be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party's right to
take legal action in the event that the dispute is not cured, provided that nothing
herein shall limit City's right to terminate this Agreement without cause pursuant to
Section 8.7.
8.3. Retention of Funds. City may withhold from any monies payable to
Contractor sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of
Contractor in the performance of the services required by this Agreement.
8.4. Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contractor requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's
consent to or approval of any subsequent act of Contractor. Any waiver by either
party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
8.5. Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
d efault by the other party.
8.6. Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement,
to obtain injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
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3114281.4 a05/17/12 -12-
8.7. Termination Prior to Expiration of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 8.8 for termination for cause or as provided for termination of the License.
City reserves the right to terminate this Agreement at any time, with or without
cause, upon thirty (.SO) days' written notice to Contractor. Upon receipt of any
notice of termination, Contractor shall immediately cease all services hereunder
except as may be specifically approved by the Contract Officer. Contractor shall be
entitled to compensation for all services rendered prior to receipt of the notice of
termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3.
8.8. Termination for Default of Contractor. If termination is due to the failure of
Contractor to fulfill its obligations under this Agreement, City may, after compliance
with the provisions of Section 8.2, take over work and prosecute the same to
compl.etion by contract or otherwise, and Contractor shall be liable to the extent
that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated 1provided that City shall use reasonable efforts to
mitigate such ' damages), and City may withhold any payments to Contractor for the
purpose of setoff or partial payment of the amounts owed City as previously stated
in Section 8.3.
8.9. Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs of suit from the losing
party, including, without limitation, expert witness fees.
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1. Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Contractor, or any successor in interest, in the event of
any default or breach by City or for any amount which may become due to
Contractor or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2. Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her
personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contractor warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
9.3. Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through . them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
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origin or ancestry in the performance of this Agreement. Contractor shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10-1. Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall be
in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attn: Steve Howlett
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA.92247-1504
To Contractor:
LA QUINTA FARMS, LLC
Attn: Joe Manion
P.O. Box 3028
Indio, CA 92202
10-2. ABx1 26 Disclosure and Release. On June 28, 2011, the Governor signed
Assembly Bill 26 ("ABxl 26") and Assembly Bill 27 ("ABxl 27") from the 2011-12
First Extraordinary Session of the California Legislature. ABx1 26 immediately
suspended all redevelopment agency activities, except continued performance of
"enforceable obligations," and set forth a process to dissolve redevelopment
agencies and end redevelopment in California. ABx1 27 provided a "voluntary
alternative redevelopment program," which would have allowed redevelopment
agencies to remain in existence and continue redevelopment, if remittance
payments were made to cover the State of California's budget shortfall for fiscal
year 2011-12 and were made in subsequent fiscal years to cover State costs. A
lawsuit was filed, challenging the constitutionality of both ABx1 26 and 27. The
California Supreme Court upheld the constitutionality of ABx1 26, revising the
effective dates of certain provisions, and struck down as unconstitutional ABx1
27. (Cafifomia Redevelopment Assn. v. Matosantos (2011) 53 Cal.4" 231 ("CRA
Casel. ABx1 26 is Chapter 5, Statutes 2011, First Extraordinary Session, which
added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) of
Division 24 of the Health and Safety Code. The City acquired the Property from the
former La Quinta Redevelopment Agency ("Agency") prior to the date ABx1 26 was
signed by the Governor. With the exception of certain portions of the Property
designated for public uses, the City paid to the Agency the fair market value of the
Property. Although the City believes the City's acquisition of the Property from the
Agency was lawfully conducted, the City cannot guarantee that the California
Department of Finance or another interested party will not order the Property to be
returned to the City, in its capacity as the "Successor Agency" to the former
Agency, and require the City, in its capacity as the Successor Agency, to sell the
Property to a third party. Contractor, on behalf of itself and its successors and
assigns, hereby releases and forever discharges the City and the City's officials,
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officers, members, agents, employees, and representatives, and each of them
(collectively, the "City Released Parties"), from and against' any and all claims,
complaints, demands, causes of action, obligations, damages, costs, expenses,
liens, attorneys' fees, rights and liabilities of any nature whatsoever, whether
known or unknown, suspected or not suspected to exist, claimed or not claimed,
that arise in connection with the City's termination of this Agreement and the
License as a result of an order under ABx1 26 to the City to transfer the Property to
the City, in its capacity as the Successor Agency, and sell the Property to a third
party �collectively, the "City Released Claims"). To the full extent of the foregoing
release of the City Released Claims, Contractor also expressly waives all "unknown
claims" as against the City Released Parties and expressly . waives its rights under
Civil Code section 1542, which reads as follows:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his or
her settlement with the debtor.
10.3. integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated
into and superseded by this Agreement.
10.4. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement
shallprevail except as otherwise provided in Section 1.7.
10-5. Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
10.6. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent
jurisdiction, such invalidity or ufienforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder.
10.7. Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of
said parties and that by so executing this Agreement the parties hereto are formally
bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY
CITY OF LA QUINTA, a California municipal
corporation and ch t r city
Mark Weiss, Interim City Manager
Dated: S-- a/ —(?
ATTEST:
t%4�
Susan Maysels, Interim Ci`W Clerk -
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
SIGNED IN CUMMAW
M. Katherine Jenson, City Attorney
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3114281.4 aO5/17/12 -16-
CONTRACTOR:
LA QUINTA FARMS, LLC., a California
limited ity company
By:
NamL/01 49XJ
Title: &Iz� � zwi�
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY
CITY OF LA QUINTA, a California municipal
corporation and charter city
SIGNED IN couNTSPAW
Mark Weiss, Interim City Manager
Dated:
ATTEST: SIGNED IN MUNTERIPART
Susan Maysels, Interim City Clerk
APPROVED AS TO FORM:
RUTO _�k TUCK�R - LLP
M. KetherineJenson, Cit&t- orney
119/015610-0065
3114281.4 905/17/12 -16-
CONTRACTOR:
LA QUINTA FARMS, LLC., a California
limitenity company
By:
Title: _�C,
Exhibit A
SCOPE OF SERVICES
La Quinta Farms, LLC shall manage the "Property," which is the approximately 290 acres
of undeveloped property at SilverRock Resort. This includes PM10 management and
mitigation, planting, and� maintaining Sudan grass to cover approximately 80 acres of the
Property, removing current and future weeds including tamarisk trees, removing current
and future debris from the property, cleaning the vegetation that grows in the storm water
retention area, planting and maintaining rye grass to cover approximately 45 acres, for
purposes of providing a temporary parking lot that can be used annually for events from
November through April, and (subject to the limitations in this exhibit and the Agreement)
operating a 35 acre farm operation.
Irrigation. A water truck shall be on site at all'times. All water costs related to the scope
of services contained in this contract will be included in the contractors' service. '
Sudan Grass. Sudan grass will be planted annually over 80 acres and will be maintained
throughout the year. There will be a dormant season for the Sudan grass. The dormant
grass will still require maintenance and irrigation for weed and dust control. Sudan grass is
used by farmers to condition soils because of its abilities to remove salts and impurities
from the soil.
Temporary Parking Lot. The City has an agreement for the Humana Challenge Golf
Tournament to provide 45 acres of event parking within the undeveloped property at
SilverRock located at Avenue 54 and Jefferson Street. As part of the Scope of Services,
the Contractor will annually plant the rye grass in October and maintain the grassed area
through the Humana Challenge Golf Event.
Weed Removal. Tumbleweeds, Sahara Mustard, and Tamarisk trees are invasive weeds
that have become problematic throughout the Coachella Valley.. When not eradicated,
these weeds may cause problems along Jefferson Street and at the Hideaway
Development during wind events. Tamarisk trees are difficult to remove and will damage
the water features at SilverRock Resort if they are not eradicated. The Contractor will'
continually remove these weeds throughout the Property.
Debris Removal. The perimeter of the SilverRock Resort development is mostly open
landscape with a few wall and fence features. Unfortunately, this design provides access
to trespassers who occasionally dump debris on the Property. The Contractor, as part of
the services -under the Agreement, will monitor trespass activity and remove current and
future debris.
Storm Water Retention Area. A storm water retention basin currently exists on the north
section of the Property along Avenue 52 and just east of the SilverRock Resort entrance.
This retention basin is the termination point for the Calle Rondo Channel which collects
most of the storm and run-off water from the La Quinta Cove and Village communities.
The Contractor will continually remove the vegetation that grows within and around the
storm water retention area as part of the services under the Agreement.
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3114281.4 a05/17/12 -17-
Exhibit B
REVOCABLE LICENSE
1 . GRANT; LIMITATION OF RIGHTS. City hereby grants to Contractor a non-
exclusive, revocable license over the "Licensed Property" (as defined in Paragraph 2 below)
during the term of the Agreement (as such term may be extended pursuant to the terms
thereofffor the sole purpose of the activity identified below in Paragraph 3.
2. DESCRIPTION OF LICENSED PROPERTY. The Licensed Property shall consist of up
to 35 acres of the Property and shall be located at the corner of Avenue 52 and Jefferson
Street.
3. USE OF LICENSED PROPERTY. Aside from Contractor's access to the Licensed
Property for the purpose of performing the Scope of Services, Contractor may use the
Licensed Property only for the following purposes: growing vegetables and fruit together
with the operation of a vegetable/fruit stand.
4. CONTRACTOR'S OPERATION. Contractor hereby acknowledges that the Licensed
Property is unimproved, undeveloped, and unoccupied. Contractor hereby assumes all
risks of injury to persons or property associated with the condition of the Licensed
Property, and Contractor's use of the Licensed Property is subject to the Indemnity
provisions contained above in Section 6.1 of the Agreement. All materials and equipment,
if any, shipped or brought to the Licensed Property under this License shall be unloaded,
checked and stored at no expense or risk to City. Contractor shall retain full responsibility
and risk of loss for its materials, equipment and supplies stored on the Licensed Property.
Contractor shall W conduct all activity in connection with this License at its sole cost and
expense and in a safe manner and workmanlike manner and not allow any dangerous or
hazardous conditions created by Contractor or its agents, 'representatives, consultants or
contractors to occur on the Licensed Property during such activity and Contractor shall
promptly and diligently cure any such conditions should they occur; (ii) comply with all
applicable laws and governmental regulations fincluding, without limitation, any
"Hazardous MaterjaW' [as that term is defined in Section 6.3.d of the Agreement] laws);
(iii) keep the Licensed Property free and clear of all liens, lis pendens and other liens arising
out of the entry or activity performed pursuant to this License; and (iv) provide to the City
prior to initial entry the certificates of insurance required by the Agreement.
5. SECURITY OF LICENSED PROPERTY. At all times, Contractor shall secure the
Licensed Property to permit only lawful activity to occur on site.
6. NO RELOCATION ASSISTANCE. Contractor acknowledges that the Property,
including the Licensed Property, is designated for development of a second golf course, a
luxury resort and a retail development, and Contractor's use of the Licensed Property is for
the short term convenience of the City to help with the PM10 and dust control of the
Licensed Property. Contractor irrevocably and.absolutely waives, releases and discharges
the City, and any present or former employees, subsidiaries, officers, agents, consultants,
attorneys, insurers, successors and assigns of the City from all claims that Contractor has
or may be entitled to "Relocation Assistance" (as defined below) or from all claims that
Contractor is or may be deemed a "displaced person" upon the expiration or earlier
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3 1 14281.4 aO5/17/12
termination of the Agreement, either of which events shall result in the automatic
termination of this License. It is understood and agreed that the City shall have no liability
for any Relocation Assistance, including without limitation, relocation benefits payable
under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. 4601, et seq.) and the implementing regulations thereto, or under Title 1,
Division 7, Chapter 1 of the Government Code of the State of California (Section 7260,
et seq.) and the California Relocation Assistance and Real Property Acquisition Guidelines
(25 C.C.R. § 6000 et seq.), or relocation assistance or benefits payable to any owner or
tenants (collectively, "Relocation Assistance"). Contractor acknowledges that it has no
property interest in the Licensed Property, and that it will have no claim for loss of
business, loss of p�ofits, or loss of goodwill upon termination of Contractor's use of the
Licensed Property on the expiration or earlier termination of the Agreement.
7. REMOVAL OF CONTRACTOR'S PROPERTY. Upon termination of 'the License,
Contractor shall remove any and all construction, structures, buildings, improvements and
fixtures from the Licensed Property at its sole costs and expense. Such removal shall be
completed no later than twenty (20) days after termination. If the Contractor does not
adequately remove all such property, then the City may deduct the cost of doing so from
the Contract Sum or from any payment due Contractor under the Agreement.
8. TERMINATION OF LICENSE. This License shall automatically terminate on the
expiration or earlier termination of the Agreement in accordance with the terms set forth
therein, without any further action or notice required to be provided by the City. In
addition, City may terminate this License pursuant to the terms of Paragraph 9 below.
Upon such termination, Contractor shall immediately cease using the Licensed Property and
shall remove all property as provided in Paragraph 7 and shall restore the Licensed Property
to its original condition or such other condition as is satisfactory to the City.
9. TRADEMARK LICENSE RIGHTS GRANTED.
(a) General. City hereby grants to Contractor, and Contractor hereby accepts,
upon the terms and conditions set forth herein, a non-exclusive, non -transferable,
non-sublicensable, revocable license to use the Trademarks solely for the marketing
and sale of the Licensed Goods. Contractor acknowledges that the Trademarks are
owned solely and exclusively by City. Contractor hereby acknowledges and agrees
that, except as set forth herein, Contractor has no rights, title or interest in or to
the Trademarks and that all use of the Trademarks by Contractor shall inure to the
benefit of City. Contractor agrees that it will not oppose, contest or challenge the
validity of the Trademarks or City's ownership or registration thereof during the
term of this License. Contractor understands and agrees that it does not have the
right to use the Trademarks in any manner that weakens or impairs City's rights in
and to the Trademarks. If, in City's sole determination, Contractor's use of the
Trademarks weakens or impairs City's rights in and to the Trademarks, then
Contractor agrees to immediately terminate or modify such use in accordance with
City's instructions. In the event Contractor fails to terminate or modify such use as
directed by City within ten (10) business days of having been notified by City, then
City may terminate this License by providing written notice to Contractor.
' ' 9/015610-0065
3114281.4 a05/17/12
(b) Quality Standards, Upon City's request, Contractor shall furnish to City, at
no expense to City, samplQs of License Goods offered by Contractor in connection
with the Trademarks. City shall control the quality of all materials bearing the
Trademarks and Contractor's use of the Trademarks. If City believes that the
Trademarks are being used in a manner that could diminish City's rights in or
protection of the Trademarks, Contractor agrees, at Contractor's sole cost and
expense, to make whatever changes and/or corrections City deems necessary to
protect the Trademarks. Contractor agrees that it shall not engage, participate or
otherwise become involved in any activity or course of action that diminishes and/or
tarnishes the image and/or reputation of City or the Trademarks. Licensee agrees to
comply with all applicable local, state and federal laws and, at all times, to conduct
its activities under this License in a lawful manner.
(c) Use and Display of Licensed Marks. Contractor agrees to use the
Trademarks solely in the manner that City shall specify from time to time in City's
sole discretion. After the Effective Date of this License, all literature and materials
printed, distributed or electronically transmitted by Contractor containing the
Trademarks shall include the following notice:
SILVERROCK and the SILVERROCK Logo are trademarks of the City of La Quinta.
(d) Effect of Termination. Upon the termination of this License, all rights
granted to Contractor hereunder shall immediately revert to City. Thereafter,
Contractor will refrain from further use of the Trademarks or any further reference
to the Trademarks in connection with the sale or offering of any goods or services.
(e) Cooperation and Protection. In the event any third party asserts a claim for
infringement or unfair competition against Contractor based on allegedly superior
rights in the Trademarks, or marks similar thereto, Contractor shall promptly notify
City of said claim. Contractor agrees to cooperate with and assist City in protecting
and defending the Trademarks against any claim, at City's expense; provided,
however, that City shall have the sole right to determine whether any action shall
be taken on account of any such infringement, claim or action. Contractor shall not
take any action on account of any such infringement, claim or action without'the
prior written consent of City.
119/015610-0065
3 1 14281.4 a05117/12 -20-
Exhibit "C"
SCHEDULE OF COMPENSATION
Payment under this Agreement shall be made monthly, with each such monthly
payment in the amount of Twenty -Three Thousand, Seven Hundred Fifty Dollars
($23,750), not to exceed Two Hundred Eighty -Five Thousand Dollars ($285,000) per year
in any full year of the Agreement. The monthly payments are inclusive of costs and
expenses incurred by Contractor in carrying out the terms under this Agreement. No
reimbursables are provided for by the Agreement and all of such costs and expenses shall
be the sole responsibility of Contractor.
Additional authorized services beyond the scope of services outlined in this
Agreement and in Exhibit "A" will be billed at Contractor's then current hourly consulting
rates. Contractor's current hourly rates are set forth in the attached rate schedule.
' 1 9/015610-0065
3114281.4 a05117112 -21-
............
-3
PRECesiom LANDLEWLING CUSTom FARmING
.. . .. ......... .
i! 44-917 GoIfCenter Parkway, Sute 12 Indb, CA9220t 76G-A47-1�;85 Fax 760-347-2295
.................
Di ski.ng- $45.00 per acre
Sprinkler Pipe- $25.00 per joiFit.per nionth
Mowing- S85.00 per acre
Labor- $45.00 per acre
Plowing- $65,00 per acre
Deep Ripping- $75.00 per acre
Watertruc k-Sl 00.00 per day
Lasering- $150.00 per hour
$800.00 per acre to plant & gfow
#09ster Pump- $2300.00 per munth plus diesel
119/015610-0065
3114281.4 aO5/17112 -22-
Exhibit D
SCHEDULE OF PERFORMANCE
Contractor shall complete all services in accordance with the Schedule of
Performance set forth below and made a part of this Agreement:
October November December January February March Aoril Mav June
Irrigation for Roads
and Perimeter
Sudan Grass
Temporary Parking
Lot
Weed Removal
Debris Removal
Storm Water
Retention Area
Irrigation Retention
Pond
Farm Operation
119/015610-0065
3114281.4 aG5/17/12 -23-
Exhibit E
SPECIAL REQUIREMENTS
1 . Contractor shall provide information of any pesticide intended for use on the
Property to City for City approval prior to application. Contractor shall then file all
Pesticide Use Reports and maintain a list of all approved pesticides used on -site as per the
California Department of Pesticide Regulation. Any Restricted Use Pesticide will first
require a use permit issued by the, Riverside Agricultural Commissioner before the City will
approve any on -site application.
2. Contractor shall limit the use of Restricted Use Pesticides and shall provide the City
with advance notice prior to the use of any Restricted Use Pesticide. Contractor shall
comply with all Federal, State, and Local laws and regulations regarding the application of
Restricted Use Pesticides. All pesticides used at the Property, both Restrictive Use
Pesticides and non-restrictive products, shall be applied by California State Licensed
Applicators who shall follow the California Agricultural Code.
3. The State of California Agricultural Code requires that Restricted Use Pesticides
may be used only after a written recommendation by a State of California licensed Pest
Control Advisor is obtained. A recommendation consists of all the applicator should know
for an accurate and safe usage. The recommendation must be time and site specific.
4. Application of all pesticides shall be only by a properly State Licensed Pest Control
Operator or a Certified Applicator of Pesticides.
5. Contractor shall be responsible for all pesticide related liabilities associated with the
Property including, but not limited to: licensing, storage, employee training,
mixing/loading/applying, container disposal, rinse water, spray log documentation, and
monthly use reporting.
I 1 9/00610-0065
-3114281.4 a05/17/12 -24-
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CERTIFICATE OF LIABILITY INSURANCE t��l
b `DATE (MMOOM-M
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T H IS C E R n
THIS CERTIFICATE IS ISSUED 7S A ;;-rT;R ;,F. INFORMATIO*N "DIVY AN"D'CONFE'RS NO RIGHf� UPON THE CERTIFICATE HOLDER. THIS
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IMPORTANT.: ff the carOcate holder is an AI)WITIONAL INSURED, the poil��#ws) must be:endorsed. it SUBROGATION, is WAIVED, subject to
rm :
11 t I t endorselmenIt. A statomard on'this cediticate does got cord*r
the terms and conditions, of thwpollcyj certain pofleles may�requkq 'rigots to the
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Indio, CA 02261
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THIS IS TO CERTIFY THAT THE =07"El"T INSURANCE LISTED BELOW, HAV9VEFEN 11=21) TO THE -tNSURE0 NAMED FOR THE POLICY PERIOD
INDicATED. 'NoTwiTmsrANDING: ANY REQUIREMENT, TERKOK CON&nON OF ANY CONTRACT OR OTH. ER DOOMENT NTH RESPECT TO MCH TI-US
CERTIFICATE MAY�BE ISSUED OR. MAY PERTAIN, THE INSUR—ANCE AFFMED.BY THE POLICIES ]DESCRIBED HEREIN 13 SUBJECT TO ALL'THE TERMS,
EXCLUSIONS'Afk) CONDITIONS OF SXH POLICIES. LIMITS SHOWN MAY HAVE , 'BEEN REDUCED BY PAID CLAIMS.
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, N0110E WELL, BE DMJVERED [H
City of La Quinta
AC CORDANCE VffrH THE POLICY PROVISIONS.
P.O. Box 1504
AuTwFtwD REPaEs E-Nwvt
La Quinta, CA 92247-1:504
0 1988-2010 ACORD'CORPORATION. All rights reserved.
ACORQ 25 (2010105) The ACORD name and logo are ragistemd marks of ACOIRD
POLICY NUMBER:
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LMOV 12059 AGENT -COPY 70 OM174
POLICYHOLDER COPY
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P.O. BOX 420807, SAN FRANCISCOXA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 05-M-2012
CITY OF LA QUINTA NK
PO 013X 1004
LA QUINTA CA 92247-1504
GROUP.
POLICY NUMBER: 1940438-2011
CERTIFICATE K> 3
CERTIFICATE EXPIRES- 07-01-2012
07-01-2011/07-01-2012
THIS CERTIF=TE SUPER:SEDES AND CORRECT$
CERTIFICATE 0 2 DATED 12-02-2011
This is to'cerbfy that we haive issued a valid Work" Compensation Insurance poticy In a form mWoved by the
California Insurance C4mrnIssiomr to the employer narned below for the policy period indicated
This Policy is not subject to caricellation.by the Fund except upon 30 days advance written notice to the employer.
We Will also Orve you 90 days advance notice should this policy be cancelled prior to Its nomal expiradom
This cerfificate of inoffanca is not an insurance policy and does not amanct extend or alter the cowerage afforded
by the policy listed herein. Notwithstanding any requlrem&nk tarin or condition of any contract or other document
with respect to which this certificate of kneurmce may be issued or to which it may pertain, the Insurance
afforded by the policy described herein is subject to all the terms. exclusions. and canditiOnSr of such policy.
t"6 1-1�
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Aou�thorized 8W),esentstive Presidert and CEO
011PLOVERIS LIABILITY LIMIT DCLUDINS DEFENSE COSTS: $1,000.000 PER OCCUPIRINCE.
ENDORSEMENT 01001 - MANION, JOE V - EXCLUDED.
BOXIRSENENT 02030 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVII 07-16-2010 IS
ATTACHED TO AM FONG A PART OF THIS POLICY.
EMPLOYER
LA QUINTA FARMS. LLC w
62372 SAMANTHA CT
INDIO CA 02201
[BWNKI
PRINTED : 05-07-2012
IREVA-20101
Appendix 4: SilverRock Domestic Water and Sanitation System Installation and Irrigation
Service Agreement (70 pages)
No Recording Fee
Required Per
Government Code
Section 27383
RECORDING REQUESTED BY AND
wBEN RECORDED RETURN TO:
COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
File: 0421.2
0721.2 X,
0655.
0322.12
DOC n M005—os!5zosa
10/14/2005 08:00A Fee:NC
Page I of 69
Recorded in Official Records
County of Riverside
Larry U. Ward
Assessor, County Clerk & Recorder
I IIIIII IIIIII! III IIIIII IIIIII 111111111111111111111111
s
PAGE I
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(Space above this line for Recorder's Use)
DOMESTIC WATER AND SANITATION SYSTEM
INSTALLATION AND H(RIGATION SERVICE
AGREEMENT
TIES AGREEMEN17 is made on this 11th —dayof__June —,2005,for
identification purposes only, by and between the COACHELLA VALLEY WATER DISTRICT,
a public agency of the State of California, ("District") and LA QUINTA REDEVELOPMENT
AGENCY, a public agency of the State of California, ('La. Quinta7).
RECITALS
WHEREAS, La Quinta Is developing a project named Silver Rock Resort ('Projecf')
NI
generally consisting of two (2) 18-hole golf courses, up to a total of 1250 combined hotel and
casita/timeshare units, a clubhouse, a conference center, a commercial/retail center and a
maintenance facility located on approximately five hundred twenty-three (523) acres within
Sections 5, 6 and 8,. Township 6 South, Range 7 East, San Bernardino Base and Meridian, in the
City of La Quinta and described in Exhibit A and Exhibit B attached hereto and by this reference
incorporated herein; and
060705-3-005
060705-4-XXX
060706-4-XXX
060708-1-XXX
C0Jes\eng\agrmnts\06\La Quinta Redev
WHEREAS, the Project will require domestic water distribution and sanitation collection
systerns and domestic water and sanitation service to each of the Units; and
WHEREAS, the Project has fire flow requirements of one thousand five hundred (1,500)
gallons per minute (gpm) for two (2) hours and four thousand (4,000) gpm for two (2) hours,
respectively, which are in excess of that available from District's existing system; and
WHEREAS, La Quinta is desirous of having District provide domestic water and
sanitation service to the Project and is willing to transfer to District the domestic water and
sanitation distribution systems necessary, therefore, after the construction thereof and District is
willing to accept such transfer and to provide domestic water and sanitation service to the Project
on the terms and conditions set forth herein; and
WHEREAS, the Project will also include two 18-hole golf courses with water features
and amenities and will require irrigation water service to serve the golf courses. Except as
otherwise set forth herein, the term "irrigation water"is intended to refer to canal water; and
WHEREAS, La Quinta will require modifications of the existing irrigation water
distribution/delivery system which includes the modification of two (2) delivery systems
consisting of a twelve -inch (12") line, meters, gate valves, telemetry and all related
appurtenances.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
La Quinta shall do the following for domestic water service:
& If necessary, as determined by City and District, execute District's
Domestic Water and/or Sanitation System Installation Agreement (the "Standard
Agreement") for each tract within the'Project in such form and content as set forth in
Exhibit C attached hereto and by this reference incorporated herein, as amended by
cng\agnnnts\05\La Quinta Redev 2
District from time to time. In the event of any inconsistency or ambiguity between the
terms of the Standard Agreement and this Agreement, the terms of this Agreement shall
control.
b. La Quinta shall act as lead agency for the purpose of complying with
CEQA and all other applicable state and federal environmental laws for the design and
construction of the domestic water facilities and/or sites designated herein. As a part of
its obligations to fund the CEQA process, La Quinta shall prepare or cause to be prepared
all instruments, documents, reports and other like or kind writings required to be prepared
and/or filed by CEQA.
C. La Quinta, at its cost and expense, shall provide to District grant deeds for
six (6) domestic water well sites and one (1) booster station/pressure reducing site
("BS/PR Site"), at such locations approved by District, in District's sole and absolute
discretion. Said domestic water well sites and BS/PR Site shall be approximately one
hundred fifty feet (150') by one hundred fifty feet (150') in dimension. LaQuintashall
ensure that the well sites and.site are free and clear of all monetary liens and
encumbrances and that the transfers to District shall comply with the California
Subdivision Map Act. The BS/PR Site is in lieu of a seventh well site.
d. Pay to District the actual cost of the design and construction of two (2)
domestic water wells and pumping plants complete with all necessary appurtenances
including backup, on -site generators. 'Me wells and pumping plants may be constructed
on any of the above -mentioned well sites provided by La Quinta as determined by District
in its sole and absolute discretion. The District shall invoice La Quinta on a monthly
basis or at La Quinta's option La Quinta. may provide an irrevocable letter of credit
acceptable to District or La Quinta may provide cash in the amount of eight hundred fifty
eng\ag=ts\05\La Quinta Redev
thousand dollars 6850,000.00) per well to be used by District to pay the cost of two (2)
of the wells and pumping plants with on -site, backup generators complete with all
necessary appurtenances before water service is initiated to the Units within the Project in
accordance with the schedule in Appendix A. District reserves the right to review and
modify the irrevocable letter of credit or cash amount to pay for the wells and pumping
plants due to increased construction costs. La Quinta shall pay t*o District any additional
cost within thirty (30) days of being billed should the cost of design and construction of
the well and pumping plants exceed the advance payment referenced herein.
In lieu of La Quinta providing an iffevocable letter of credit or cash deposit in the
amount mentioned above to be used by District to pay for the cost of the domestic water
wells and well pumping plants, La Quinta, at District's option, may construct one (1)
and/or two (2) domestic water wells at the well sites described in Subparagraph l.c. and
furnish and install the pump and motor in accordance with District specifications. All
well, pump and motor materials and appurtenances shall be approved by District. The
well, drilling, soil and water sampling, constructing, developing and testing shall be done
under the direction of a District approved hydrogeologist. All directions given by the
hydrogeologist shall be subject to District approval.
In conjunction with this option, La Quinta shall provide an irrevocable letter of
credit acceptable to District or cash in the amount of eight hundred fifty thousand dollars
($850,000.00) less the bid amounts for the well drilling, pump and motor contracts to be
used by District to pay for the cost of the well pumping plant facilities and appurtenances
including backup generator power supply. La Quinta shall submit the contract. documents
for the well, pump and motor to District for review and approval prior to presenting them
to contractors for bidding purposes.
eng\aU=ts\05\La Quinta Redev 4
Before the domestic water wells are transferred to District, La Quinta shall
have the domestic water wells tested for water quality, water production, specific yield
and sand content. Well shall comply with all District, state and federal water and well
requirements.
If the above water well requirements are not met, La Quinta will not be
relieved of its obligation to provide District with a well in accordance with the schedule
in Appendix A.
e. Provide, at La Quinta!s sole cost and expense, separate grading and
landscaping plans for the six (6) well sites and the BS/PR Site described in
Subparagraph I.c. The provisions of Paragraph 4(a) shall apply to the review and
approval of the plans. After the grading and landscaping plans have been approved by
District, La Quinta shall grade and landscape the sites per the approved plans. The
provisions of Paragraph 4 shall apply to the grading and landscaping of the well sites and
the BS/PR Site.
f. Provide, at La Quinta!s sole cost and expense, electrical power of a voltage
and wattage necessary for well operation to the six (6) well sites and the BS/PR Site
described in Subparagraph I c.
9. Provide, at La Quinta's sole cost and expense, telephone service necessary
for Well communication operation to the six (6) well sites and BS/PR Site described in
Subparagraph I.c.
h. Design and construct, at La Quinta's sole cost and expense, (i) eight -foot
(8') high perimeter walls around the six (6) well sites and, (ii) BS/PR Site described in
Subparagraph l.c,, and (iii) exterior landscaping. The design of the walls shall also
include consideration of noise attenuation to maintain exterior noise levels to an
cng\ag=ts\05\La Quinta Redev 5
acceptable ambient level for residential development while the wells and reservoir are in
operation. The wall, landscaping and berm shall be of the type and include such material
as District shall determine, in District's sole and absolute discretion. The provisions of
Paragraph 4 shall apply to the design and construction of the walls, berm and landscaping.
i. Design and construct, at La Quinta's sole cost and expense, well site
drainage and well discharge water facilities from each of the six (6) well sites and site
drainage and water discharge facilities from the BS/PR Site into local drainage facilities.
La Quinta shall include drainage and well and BS/PR Site discharge water facilities
designs for District approval on the grading plans described in Subparagraph I.h.
Design and construct, at La Quinta's sole cost and expense, a minimum. of
a twelve -inch (12") diameter domestic water pipeline, if one is not adjacent to each of the
six (6) domestic water well sites, from an existing twelve-inch(1 T') diameter or larger
domestic water pipeline and provide a twelve-inch.(I 2") diameter or larger domestic
water pipeline and provide a twelve -inch (12") stub -out to each of the six (6) well sites
described in Subparagraph I.c.
k. Design and construct, at La Quinta!s sole cost and expense, a minimum of
two (2) eighteen -inch (18") diameter domestic water pipelines, if not already adjacent to
the B S/PR Site, from existing eighteen -inch (18") pipelines and "stub -'out" into the
BS/PRS site. One eighteen -inch (18") pipeline shall be connected to the DistricVs
Cahuilla Pressure Zone (I 50-foot Pressure Zone) and the second shall be connected to the
District's Lower La Quinta Zone (235-foot Pressure Zone).
1. Design and construct, at La Quinta!s sole cost and expense, a building or
buildings at La Quinta!s option to house any or all of the two (2) wells and appurtenances
described in Subparagraph I.d. The design shall include a removable/retractable roof,
aig\agn=ts\05\La Quinta Redev 6
ventilation and soundproofing. Ile provisions of Paragraph 4 shall apply to the design
and construction of the buildings.
M. Pay or cause a third party to pay or provide for the operation and
maintenance, including malicious damage and graffiti, of the landscaping, walls, gates
and drainage facilities for the six (6) well sites and BS/PR Site described in
Subparagraphs I.c. and I.d. Maintenance of the landscaping and drainage facilities for
the six (6) well sites and the BS/PR Site shall be in accordance with the requirements of
District, as they may be amended from time to time.
La Quinta shall be responsible for installing and establishing the initial
landscaping at the BS/PR Site and maintaining the landscaping for one (1) year after the
landscaping is planted.
n. Design and construct, at La Quinta!s sole cost and expense, to District
specifications, the following pipelines before water service is initiated by District tothe
Units within the Project in accordance with the Schedule on Appendix A. The provisions
of Paragraph 4 shall apply to the design and construction of the pipelines described
herein.
(i) An eighteen -inch (18") diameter domestic water pipeline for the
235-foot Pressure Zone along Avenue 52 service road, which connects to the
existing eighteen -inch (18 ") diameter stub at intersection of service road and
Avenue 52 and extends southeast approximately two thousand feet (2,000) to the
interim clubhouse.
(ii) An eighteen -inch (18 ") diameter domestic water pipeline for the
150-foot Pressure Zone along Avenue 54, which connects to an existing
eighteen -inch (18 ") diameter pipeline located 400 feet west of Jefferson Street and
eng\agnnnts\05\La Quinta Redev 7
extends approximately 1,900 feet west to the golf course maintenance facility.
(iii) An eighteen -inch (18") diameter domestic water pipeline for the
150-foot Pressure Zone along the Avenue 54 entrance road which connects to the
eighteen -inch (18 ") diameter pipeline referenced in Subparagraph I.n.(ii) and
extends to BS/PR Site described in Paragraph Le.
(iv) A eighteen -inch (18") diameter domestic water pipeline for the
235-foot Pressure Zone along Avenue 52 which connects to the eighteen -inch
(18") diameter domestic water pipeline described in Subparagraph I.n. (i) at its
southeasterly terminus (near interim clubhouse) and extends southeasterly past
proposed clubhouse and across canal and then southerly to BS/PR Site described
in Paragraph I.e.
(y) An eighteen -inch (18") diameter domestic water pipeline for the
235-foot Pressure Zone along Avenue 53 entrance road, which connects to the
eighteen -inch (18") domestic water pipeline described in Subparagraph l.n.(iv)
and extends east to the existing eighteen -inch (IS") stub on Jefferson Street and
Avenue 53.
0. Design and construct, at La Quinta's sole cost and expense, to District
specifications, the internal domestic water pipelines to meet the Project's fire flow and
domestic water requirements in accordance with the approved domestic water system
model. The provisions of Paragraph 4 shall apply to the design and construction of the
internal domestic water pipelines.
P. La Quinta shall install a pressure regulating valve on each nonirrigation
service within the boundaries of the Project.
q. Complete in the required sequence, in accordance with the schedule Mi
cng\agrrnnts\05\La Quinta Redev 8
Appendix A, the six (6) well sites, payment for the two (2) well and pumping plants, a
BS/PR Site and each pipeline described in Subparagraphs I.e., I.d. and I.n., respectively,
before domestic water service is initiated by District to the referenced Units in
Appendix A within the Project.
r. Immediately upon completion of the six (6) well sites and BS/PR Site
described in Subparagraph Le., La Quinta shall field review with a District representative
the remaining visual and aesthetic impacts and agree to mitigate with, but not limited to,
landscaping, walls, paint and/or decorative rock to District's satisfaction. Designs shall
be reviewed and approved by District prior to construction.
2. La Quinta shall do the following for sanitation service:
a. If necessary, as determined by City and District execute District's
Domestic Water and/or Sanitation System Installation Agreement (the "Installation
Agreement") for each tract within the Project in such form and content as set forth in
Exhibit C attached hereto and by this reference incorporated herein, as amended by
District from time to time. In the event of any inconsistency or ambiguity between the
terms of the Installation Agreement and this Agreement, the terms of this Agreement
shall control.
b. La Quinta shall act as lead agency for the purpose of complying with
CEQA and all other applicable state and federal environmental laws for the design and
construction of the sanitation facilities and/or sites designated herein. As a part of its
obligations to fund the CEQA process, La Quinta shall prepare or cause to be prepared all
instruments, documents, reports and other like or kind writings required to be prepared
and/or filed by CEQA.
eng\agmints\05\La Quinta Redev 9
C. Design and construct at La Quinta's sole cost and expense, to District
specifications, a fifteen -inch (15") diameter gravity sewer pipeline along Avenue 54 from
the existing fifteen -inch (15") diameter gravity sewer pipeline located approximately
four hundred feet (400') west of Jefferson Street to the golf course maintenance facility.
The provisions of Paragraph 4 shall apply to the design and construction of the gravity
sewer line.
d. Design and construct, at La Quinta's cost and expense, to District
specifications, a minirmini of twenty-four inch (24") diameter gravity sewer pipeline from
an existing twenty-four inch (24") diameter gravity sewer pipeline located on Avenue 52,
approximately 1,800 feet west of Jefferson Street south within Project to the Coachella
Branch of the All American Canal. Ile provisions of Paragraph 4 shall apply to the
design of the gravity pipeline.
e. Design and construct, at La Quinta's cost and expense, to District
specifications, a minimum of a twenty-seven inch (27") diameter gravity sewer pipeline
from the twenty-four inch (24") diameter gravity sewer pipeline described in
Subparagraph 2.d., at the canal and extend across the canal and south to the Avenue 53
entran6e road and then west to the existing twenty-four inch (24") diameter gravity sewer
main located on Jefferson Street at Avenue 53. The provisions of Paragraph 4 shall apply
to the design and construction of the gravity sewer main. This gravity sewer pipeline
shall be completed prior to District providing sanitation service to the clubhouse and the
mixed use area located northwest of the Project.
f. After completion of the gravity sewer piplines described in
Subparagrapbs 2.d. and 2.e.*, abandon, at La Quinta's sole cost and expense, the remaining
surface appurtenances (after District has removed the reusable items) at the sewer lift
cng\agrnints\05\La Quinta Redev 10
station located on Avenue 52, approximately 1,800 feet west of Jefferson Street and
abandon in place the existing fourteen -inch (14") sewer force main along Avenue 52 from
sewer lift station to Jefferson Street. The provisions of Paragraph 4 shall apply to the
abandonment of the sewer lift station and the sewer force main.
9. Design and construct, at La Quinta!s sole cost and expense, the internal
sanitary sewer system to meet the Project's discharge requirements. The provisions of
Paragraph 4 shall apply to the design and construction of the internal sanitary sewer
system.
3. La Quinta shall do the following for irrigation water service:
a. Execute District's Well Metering Agreement CMetering Agreement!
with District substantially in the form of the La Quinta Irrigation Well Metering
Agreement, as set forth in Exhibit D, entered into simultaneously with this La Quinta
Metering Agreement for each irrigation well within or supplying water to Project. In the
event of any inconsistency or ambiguity between the terms of the Metering Agreement
and this Agreement, the terms of this Agreement shall control.
b. U Quinta shall act as lead agency for the purpose of complying with
CEQA and all other applicable state and federal environmental laws for the design and
construction of the domestic water facilities and/or sites designated herein. As a part of
its obligations to fund the CEQA process, La Quinta shall prepare or cause to be prepared
all instruments, documents, reports and other like or kind writings required to be prepared
and/or filed by CEQA.
C. La Quinta acknowledges and agrees that the irrigation water service
provided by District is interruptible in nature and La Quinta will maintain an alternate
water supply capable of meeting peak summer demands in "ready" status. If for any
eng\agrmnts\05\La Quinta Redev 11
reason Distnet does not or is not able to deliver irrigation water to La Quinta, La Quinta
hereby waives any claim, loss, damage or action it may have against District including,
but not limited to, damages, loss of business, loss of profit or inconvenience (collectively
"Claims"), and La Quinta shall hold District free and harmless from any and all legal
liabilities or economic losses incurred by La Quinta or any other person or entity acting
through La Quinta arising from District's failure to delivery irrigation water to La Quinta,
excluding therefrom any claims incurred by La Quinta arising from District's, its
officers', employees' or agents' gross negligence or willful misconduct in failing to
deliver irrigation water to La Quinta, which result in the failure to deliver irrigation water.
d. District shall have the right, but not the obligation, to conduct a water
audit of the Project once every five (5) years beginning with the. execution of this
Agreement to determine if La Quinta is in compliance with the Water Management Plan.
District shall give La Quinta thirty (30) days prior written notice of each audit and an
invitation to participate. All costs incurred by District in connection with the audit,
including labor costs, shall be at La Quinta!s expense. District shall invoice La Quinta for
the costs incurred herein. La Quinta shall make payment to District within thirty (30) days
of receipt of the billing therefore from District.
As a condition of continued water service, the recommendations, if any,
resulting from the water audit necessary to bring La Quinta into compliance with the
Water Management Plan, must be implemented unless District's General Manager -Chief
Engineer, in his discretion, detein ines otherwise. La Quinta hereby agrees to undertake
the recommendations set forth in the water audit within thirty (30) days of receipt of the
audit and shall diligently and continuously complete the recommendations unless
La Quinta within thirty (30) days of the receipt thereof, requests, in writing, to be relieved
eng\agnnnts\05\La Quinta Redev 12
from the obligation to undertake one or more of the recommendations set forth in the
water audit. Within a reasonable time after receipt of the notice from La Quinta, the
General Manager -Chief Engineer of District will notify La Quinta, in writing, if La
Quinta shall be relieved from the obligations to undertake the recommendations. In the
event District's General Manager —Chief Engineer determines that one or more of the
recommendations must be undertaken, IA Quinta shall begin within thirty (30) days of
receipt of District notice and complete the recommendations within the time frame set in
the notice from District's General Manager —Chief Engineer.
C. Pro rata stipulation. It is mutually understood and recognized that
La Quinta will be allowed to distribute irrigation water service throughout Project;
however, only the pro rata amount of irrigation water will be used by La Quinta on the
number of irrigated acres that lie within Improvement District No. I (ID No. 1) and the
average plant consumption rate for the turf grown. In addition, canal water shall not
exceed ninety-seven (97) percent of the Project's total water usage. The remaining
amount of water service required for the portion of La Quinta that lies outside of ID No. I
wiU be supplied by well water.
f. Outside of imRrovement district stipulation. To ensure that irrigation
water service supplied by District is not being used outside ID No. 1, La Quinta shall
execute a separate Well Metering Agreement with District in the form provided by
District for each groundwater well supplying La Quinta. with well water. The Well
Metering Agreement does not include the conveyance of said metering devices to
District.
9. La Quinta shall employ, at its sole cost and expense, a qualified
professional engineer to plan, design and prepare detailed construction plans and
en&grmnts\05\La Quinta Redev 13
specifications in accordance with District design criteria and standards for the irrigation
works (Works) to the Project. All planning, design work and plans for said Works shall
be subject to review and approval by District prior to the beginning of any construction of
the Works.
T'he entire cost of the design plans and construction of the irrigation and
telemetry works shall be paid by La Quinta which includes the following improvements:
(i) Abandon Lateral 120.8-0.3 Rt along Avenue 52 between Adams
Street 0.5 (one-half [1/2] mile east of Adams Street) and Jefferson Street.
(ii) Abandon Lateral 120.8-0.3-0.5 Rt along Jefferson Street between
Avenue 52 and Avenue 52.5 (one-fourth [1/4] mile south of Avenue 52).
(iii) Abandon Lateral 120.6 along Adams Street 0.75 (three-quarter
[3/4] mile east of Adams Street) between Avenue 52.25 (one-fourth [1/4] mile
south of Avenue 52) and Avenue 53.
(iv) Abandon Lateral 121.3 along Avenue 53.5 (one-fourth [1/4] mile
south of Avenue 53) between Adams Street 0.50 (one-half [1/2] mile cast of
Adams Street) and Adams Street 0.75 (three -fourth [3/4] mile -east of Adams
Street).
(v) Abandon Lateral 120.8A (16-inch) along Adams Street 0.50
(one-half [1/2] mile east of Adams Street) between Avenue 52 and Avenue 52.25
(one-fourth [1/4] mile south of Avenue 52).
(vi) Abandon existing vertical 1 0-inch concrete diameter Delivery
Point No. 1602, located at Adams Street 0.75 (three-quarter [3/4] mile east of
Adams Street) and Avenue 52.25 (one-fourth [1/4) mile south of Avenue 52).
(vii) Replace existing 54-inch diameter concrete pipe with 30-inch
eng\agrmnts\05\La Quinta Redev 14
diameter CL 165 DR 25 C-905 PVC pipe for Lateral 120.8 located along Adams
Street 0.50 (one-half [1 /2] mile east of Adams Street), between Avenue 52 and
Avenue 52.25 (one-fourth [1/4] mile south of Avenue 52) if La Quinta is not able
to design around the existing irrigation lateral. If La Quinta is able to design
around the existing 54-inch diameter concrete irrigation lateral, then La Quinta
shall protect the irrigation lateral in place and shall maintain a minimum of 4 feet
of cover over the irrigation lateral and shall maintain the width of the existing
easement for the irrigation lateral. La Quinta shall provide an exhibit showing
actual elevations of top of pipe every 50 feet for the irrigation lateral and show
any other utilities and surface improvements that will be installed within the
existing irrigation lateral easement.
(viii) Modify existing vertical 10-inch concrete diameter Delivery Point
No. 1601, located at Adams Street 0.50 (one-half [1/2] mile east of Adams Street)
and Avenue 53.5 (one-fourth [1/4] mile south of Avenue 53) with a 12-inch
diameter line meter, gate valves, and extend an 18-inch C905 CL 165 DR 25 PVC
pipe and all related appurtenances per District standard to the new meter.
(ix) Modify existing L-4 Pump Station Wet Well, located at Adams
Street 0.50 (one-half [1/2] mile cast of Adams Street) and Avenue 52.25
one-fourth [1/4] mile south of Avenue 52) and extending an 18-inch diameter
ductile iron pipe and 12-inch line meter, gate valves and all related appurtenances
per District standards.
(x) Upgrade existing L-4 electrical panel to accommodate increased
loading.
eng\ag=ts\05\La Quinta Redev 15
(xi) In addition to modifying the existing meters, La Quinta agrees to
pay all costs for District forces to fin-nish and install telemetry equipment at said
delivery point 1601, if needed, for the purpose of conveying canal water to
La Quinta. La Quinta shall pay the entire cost of the plans and construction to
extend irrigation water service to the property. The estimated cost for District
forces to install the telemetry equipment is thirty-five thousand dollars ($35,000)
per delivery point. This cost is District's best estimate of the cost including
indirect costs and overhead of the proposed work. However, La Quinta will be
responsible for payment of the actual cost of the work. If the cost exceeds the
deposit� La Quinta will be billed and if it is less than the deposit, the balance will
be refunded to La Quinta.
h. Before the release of any construction plans, La Quinta shall, at its sole
cost and expense, provide Bureau of Reclamation with a ten (10) foot wide easement for
the new delivery point, as outlined in Subparagraph 3.g.viii.
i. Before the release of any constructionplans, La Quinta shall at its sole cost
and expense vacate the existing easement for the portion of the existing irrigation laterals
that will be abandoned as described in Subparagraphs 3.g., i, ii, iii, iv, v and vi. In
addition, La Quinta shall provide District with the required documentation for
abandoning easements. Said abandoned easements shall be in recordable form and shall
be executed by or on behalf of La Quinta.
j. La Quinta agrees that no improvements may be constructed within the
Bureau of Reclamation easements without written consent by District. This includes, but
is not limited to, street, curb, gutter, sidewalk, landscaping, buildings, walls and other
permanent structures.
eng\agmints\05\La Quinta Redev 16
k. La Quinta hereby acknowledges and agrees that any portion of the delivery
system to District's metered delivery points, installed by or on behalf of District on the
Project� is the property of District, notwithstanding the funds necessary to construct the
delivery system that came from La Quinta. La Quinta shall, upon receipt of a notice,
execute any further instruments as may be necessary to indicate District's ownership of
the delivery system to District metered delivery points installed by or on behalf of
District. This includes, but is not limited to, receipt of declarations by La Quinta or
La Quinta's Contractor who ftunished materials in the construction of the delivery system,
showing payment in full and, prior to the release of the construction plans, La Quinta
shall deliver to District a Bill of Sale which conveys title of the delivery system to
District's metered delivery points to District.
1. District shall not be liable for the replacement of surface improvements,
which District may be required to remove in the future to gain access to the delivery
system. La Quinta waives the right to claim, loss, damage or action against District
arising out of or resulting from the removal or destruction of surface improvements or any
action of District� its Tights hereunder and La Quinta hereby agrees to indemnify and hold
harmless District against and pay in full all loss, damage or expense that District may
sustain, incur, become liable for arising out of or in connection with the rights provided
for hereunder.
M. Upon acceptance of the delivery system by District as hereafter described,
the Project shall be placed on the water availability roll.
n. La Quinta acknowledges that the Project must be irrigated by a method
that does not permit unreasonable use or waste of water. Only sprinkler or drip irrigation
will be permitted, except for lake filling purposes.
en&gmmts\05\La Quinta Redev 17
0. La Quinta shall provide groundwater protection from nitrates and
pesticides leaching into the groundwater by employing the use of Best Management
Practices (BMPs) as established by the University of California Turf Grass Research,
which are attached hereto on Exhibit E and by this reference incorporated herein. District
reserves the right to substitute or modify the attached Exhibit "F' within sixty (60) days
prior written notice to La Quinta. An evaluation of the Project's BMPs may occur during
the water audit. All costs of the evaluation shall be at the expense of the La Quinta.
P. in the event of a shortage of available irrigation water, except as otherwise
required by law, regulation or court order, the following irrigation water uses shall have
priority to use irrigation water over the Project:
(i) Agricultu�al uses in existence as of the date of this Agreement.
(ii) Agricultural uses converted to nonagricultural uses prior to the date
of this Agreement.
(iii) Nonagricultural uses in existence prior to the date of this
Agreement. During such periods of shortage, irrigation water for the Project may
be supplied by non -District -owned wells.
q. District shall bill La Quinta monthly for the delivery of Irrigation Water to
La Quinta. The irrigation water statement shall include (1) the irrigation water delivery
dates, (2) water tolls and charges, (3) the amount of irrigation water consumed in
acre-feet and (4) the amount to be paid by La Quinta.
Prior to releasing the construction plans to receive irrigation water service,
La Quinta shall, at its own cost and expense, apply for and obtain all necessary consents,
easements, approvals, permits, authority, licenses or entitlements (Termits') from all
appropriate governmental authorities including, but not limited to the Bureau of
eng\agmmts\0MLa Quinta Redev 18
Reclamation, required to allow District to deliver irrigation water to the Project,
including, but not limited to, the construction of the delivery system. District shall have
no obligation to provide irrigation water service to the Project until District receives the
easements and necessary authorizations issued by said governmental authorities..
La Quinta shall comply with and conform to all laws and regulations, including, but not
limited to, any and all requirements and orders of all federal, state and local boards or
authorities, present and fiiture, in any way relating to the use of irrigation water, and
La Quinta shall hold District free and harmless from any loss, damage or liability arising
therefrom or in connection therewith.
S. La Quinta hereby grants to District, its officers, employees and agents, a
nonexclusive easement for vehicular (excluding vehicles with a gross laden. weight of
more than six thousand [6,000] pounds) and pedestrian ingress and egress to gain access
to the District's im'gation facilities, equipment and appurtenances for the purpose of
performing the activities set forth in this Agreement over those portions of the Project
described within Exhibit 'T' and depicted within Exhibit "G:" hereto (the "Access
Easement Area7J. District agrees to use and cause its officers, employees and agents to
use the Access Easement Area in- such a manner as to not unreasonably disrupt golf play
on the Project. In addition, District agrees to indemnify, defend and hold hamfless
La Quinta from any cost incuffed or suffered by La Quinta as a result of damage or injury
to persons or property as a result of District, its officers, employees and/or agents
exercising its nonexclusive right of ingress and egress described herein, excluding
therefrom any Claims incurred by District arising from La Quinta's, its officers',
employees' or agents' gross negligence or willful misconduct.
eng\agrrnnts\05\La Quinta Redev 19
t. Upon receipt of notice of completion of construction of the delivery
system, which District shall inspect during construction; any variation from District's
standards shall be called to La Quintas attention and shall be remedied by La Quinta in
accordance with District's requirements. When the delivery system meets District
standards, District shall accept the delivery system for purposes of ownership, operation
and maintenance, provided, however, that charges for the cost of operating, maintaining,
repairing and replacing the delivery system may, in the future, be added to charges for
water service to the Project as part of a District -wide policy. The Bill of Sale for the
delivery system shall be provided to District prior to the release of the final construction
notice for the delivery system.
4. The following shall apply to the design and construction of the domestic water,
sanitation and irrigation facilities:
a. For each improvement or facility (including landscaping) La Quinta is,
required to design the following provisions shall apply:
(i) La Quinta shall employ, at its sole expense, a qualified professional
engineering firm C'La Quinta!s Engineer") to plan, design and prepare detailed
construction plans and specifications for the improvement in full and complete
accordance with District's design cniteria and standards. La Quin&s Engineer
shall complete the design and detailed construction plans and specifications and
the same shall be submitted to District as set forth below. All such planning and
design work and detailed construction plans and specifications performed and
prepared by La Quinta!s Engineer shall be subject to review and written approval
by District prior to the beginning of any construction of the specific improvement.
District shall approve or disapprove the construction plans and specifications
eng\agnnnts\05\IA Quinta Redev 20
within a reasonable amount of time after submittal to District. In the event
District disapproves the plans and specifications, La Quinta shall modify the plans
and specifications in accordance with the reasons given for disapproval and shall
within thirty (30) days after disapproval by District submit the revised
construction plans and specifications to District for approval or disapproval. The
foregoing procedure shall be continued until the construction plans and
specifications have been approved by District. LA QUINTA HEREBY
ACKNOWLEDGES AND UNDERSTANDS THAT DISTRICT MAY
APPROVE OR DISAPPROVE OF DEVELOPER'S PLANNING AND
DESIGN WORK AND/OR PLANS AND SPECMCATIONS, IN ITS SOLE
AND ABSOLUTE DISCRETION. All cost and expense of District's review
(including, but not limited to, Districfs agents, employees and independent
contractors) shall be deducted from the Deposit (as defined in
Subparagraph b.(ii)(x) below). La Quinta. represents that the plans and
specifications will conform to all applicable federal, state and local govermnental
rules, ordinances and regulations and all applicable environmental protection
laws. La Quinta!s submission of the plans and specifications to District shall
evidence La Quinta's representation and warranty to District that the plans and
specifications are to the best of La Quinta's knowledge, after due inquiry,
complete, accurate, workable and are in compliance with all governmental
requirements with respect thereto.
b. For each facility, La Quinta is to construct and/or install, the following
provisions apply-
(i) Following receipt of District's approval of the design and
eng\agmints\05UA Quinta Redev 21
construcfion plans and specifications; for each improvement:
A. La Quinta shall employ, with written concurrence of
Distric� a qualified and properly licensed contractor or contractors
(hereinafter referred to collectively as "La Quinta's contractor") to
construct and complete the improvement.
B. Once construction and/or installation of the improvement
has commenced, La Quinta shall diligently prosecute the same to
completion at no cost or expense to District in conformance with the laws,
rules and regulations of all governmental bodies and agencies
C. La Quinta shall directly pay all costs associated with the
construction of the improvements, (and any of them), including but not
limited to, fin-nishing of materials, and La Quinta shall keep District free
and harmless from such costs.
D. Each improvement shall be installed in strict compliance
with the plans and specifications. Any deviations from the approved plans
and/or specifications must be approved by District, in writing, prior to
being made.
E. La Quinta hereby irrevocably appoints District to inspect
the Ru-nishing and installation of the improvement. It is understood and
agreed that District's inspection personnel shall have the authority to
enforce the construction plans and specifications, which authority shall
include requiring that all unacceptable materials, workmanship and/or
installation be replaced, repaired or corrected by La Quinta!s contractor.
All reasonable cost and expense of District's inspection (including, but not
eng\agmmts\05\La Quinta Redev 22
lim�ited to, District's agents, employees and independent contractors) shall
be deducted from the Deposit [as defined in Subparagraph C.(x) below).
District's inspection does not include inspection for compliance with safety
requirements by La Quinta's contractor. Any inspection completed by
District shall be for the sole use and benefit of District, and neither
La Quinta nor any third party shall be entitled to rely thereon for any
purpose. District does not undertake or assume any responsibility for or
owe a duty to, select, review or supervise the creation of the improvement.
F. La Quinta!s Engineer shall provide to District all field
engineering surveys associated with the construction of the improvement
at La Quinta's sole cost and expense. La Quinta shall promptly furnish to
District all field notes and grade sheets, together with all location, offset
and attendant data and reports, resulting from La Quinta's Engineees field
engineering surveys and/or proposed facility design changes, all of which
have been prepared in accordance with generally accepted engineering
practices, and allow District sufficient time to approve or make any
required facility design changes resulting therefrom prior to construction.
Any inspection or review pursuant to this subparagraph shall be for the
sole use and benefit of District, and neither La Quinta nor any third party
shall be entitled to rely thereon for any purpose.
(ii) Before the release of any construction plans, La Quinta, at its sole
cost and expense, shall furnish to District easement document(s), satisfactory to
District as to content, form, location and width, which have been duly executed by
the property owner(s) and which assure District's unequivocal right to own,
eng\agnmts\05\La Quinta Redev 23
operate, maintain, replace, repair, enlarge, reconstruct, remove and improve the
improvement. La Quinta shall ensure that all deeds of trust and mortgages are
subordinated to the easements set forth in this subparagraph (b).
(iii) La Quinta's contractor shall be required to repair the improvement
which have been damaged by any party prior to DistricVs final acceptance of the
improvement (or any of them) covered hereby. 'Me final acceptance shall follow
final inspection and testing of such improvement after completion of the
improvement at issue. La Quinta specifically agrees to make, or require
La Quinta!s contractor to make, corrections and/or repairs prior to final acceptance
determined to be necessary by District inspection personnel, without cost to
District, and to provide a one-year (following date of final acceptance by District)
materials and worlananship guarantee providing that La Quinta or La Quinta!s
contractor will repair, at its or their expense, all failures'of any improvement
which was fin-nished, installed and/or constructed due to faulty materials or
installation, within said one-year period. In the event La Quinta or La Quinta's
contractor fails to cause satisfactory repair, as determined by District, within
forty-eight (48) hours after written notice or such longer period of time as District
may reasonably determine, District may cause such repairs to be completed at
IA Quinta's cost and expense. Notwithstanding the above -provided -for forty-eight
(48) hour or other specified repair period, District shall have the unqualified right
to immediately make any emergency repairs necessary to eliminate any threat to
the public!s health, safety or welfare, at La Quinta!s cost and expense. Nothing in
this subparagraph shall limit or abrogate any other claims, demands or actions
District may have against La Quinta or La Quinta!s contractor on account of
eng\agrmnts\05\La Quinta Redev 24
damages sustained by reason of such defectsi nor shall the provisions of Us
paragraph limit, abrogate or affect any warranties in favor of District which are
implied by law or set forth in any construction agreement.
(iv) La Quinta shall, upon request by District, fumish District with such
information as La Quinta possesses or has available to it from any consultants,
engineers, contractors or other persons engaged by or under the control of
La Quinta relating to the environmental assessment relative to the creation of the
improvements covered by this Agreement. In this regard, nothing herein
contained shall be construed or interpreted to require District to take or participate
in any legal action for the purpose of securing approval for the improvement.
(v) La Quinta shall assume the defense of, indemnify and hold
harmless District and its officers, directors, administrators, consultants, engineers,
employees and agents, and each and every one of them, from and against all
actions, damages, claims, losses and expenses of every type and description to
which they may be subjected or put, by reason of, or resulting from, this
Agreement and the design, engineering and construction of the improvement. No
provision of this Agreement shall in any way lip -tit the extent of the responsibility
of La Quinta for payment of damages resulting from its operations or the
operations of any of its contractors, engineers, agents or employees. La Quinta
further covenants and agrees to pay, or to reimburse, District, its agents,
employees, engineers, consultants, officers, directors and administrators, for any
and ail costs, attorneys' fees, liabilities or expenses in connection with the
investigating, defending against or otherwise in connection with any losses,
claims, damages, liabilities, expenses or actions, arising out of or in connection
cng\agr=ts\05\La Quinta Redev 25
with La Quinds obligations pursuant to this Agreement, except liability arising
through the sole negligence or willful misconduct of District, its agents,
employees, engineers, consultants, officers, directors and administrators. District
shall have the right, at La Quinta!s expense, to commence, to appear in, or to
defend any action or proceeding, arising out of and in connection with the
Agreement, and in connection therewith, may pay all necessary expenses if
en
La Quinta fails upon reasonable notice to so commence, appear in or def d any
action orproceeding with counsel reasonably acceptable to District. La Quinta
shall be fin-nished with copies of bills relating to the foregoing upon request.
(vi) Prior to the release of the construction plans for the domestic
water, sanitation and irrigation facilities, La Quinta shall fignish to District an
irrevocable letter of credit ("LOC") or a certificate of deposit ('.'CD") from a bank
or savings and loan located and doing business in the state of California and
acceptable to District, naming District as sole beneficiary with the exclusive right
of withdrawal according to the following: in the amount of two thousand dollars
($2,000.00) or 5 percent (5%) of the amount of each construction contract for the
domestic water, sanitation and irrigation facilities, whichever is greater, as
security for the purpose of guaranteeing the completion of construction; said
security shall provide that -District has the absolute right five days after the
mailing of a written notification to La Quinta by certified mail at La Quinta's
address herein to draw all or a portion of the funds represented by the security as
may be necessary to complete construction, including administrative and all other
costs for each of the domestic water, sanitation and irrigation facilities; each LOC
or CD shall be issued or delivered, on a case by basis, for each contract based on
eng\agnmts\05\La Quinta Redev 26
the construction required as outlined in the applicable Appendix attached hereto;
said security, less draws, if any, will be returned to La Quinta, on a case -by -case
basis, upon acceptance of each of the domestic water, sanitation and irrigation
facilities, meaning that the LOC or CD shall be released for each contract as the
facility covered by the contract is accepted by.District. A preconstruction
conference shall be held with District and the contractor prior to start of
construction.
(vii) La Quinta shall carry and maintain, at La Quinta!s sole cost and
expense, until all of the improvements and/or facilities have been installed or
completed, not less than the following coverage and limits of insurance which
shall be maintained with insurers and under forms of policies satisfactory to
District:
A. Worker's Compensation and Employer's Liability.
by law.
(1) State Worker's Compensation - coverage as required
(2) Employees Liability with limits of at least
$ 1,000,000 per occurrence.
B. Automobile Liability for Bodily Injury and Property
Damage - $ 5,000,000 per person, $10,000,000 per occurrence.
C. General Liability for Bodily Injury and Property Damage -
$5,000,000 per person, $ 10,000,000 per occurrence.
These policies may contain an aggregate limit not less than
the occurrence limit The required limits may be satisfied by a
combination of a primary policy and an excess or umbrella policy.
cng\agr=ts\05\La Quinta Redev 27
A. All insurance required pursuant to the express provisions of
this Agreement shall:
(1) Provide that coverage shall not be revised, cancelled
or reduced until at least thirty (30) days written notice of such
cancellation shall have been given to District.
(2) Be issued by the Joint Powers Insurance Authority
which is qualified to do business in the State of California and
whose financial stability is evaluated on a yearly basis by an
independent actuarial study and satisfactory to the District.
(3) Be reasonably satisfactory to District in all other
reasonable respects.
B. The Memoranda of Coverage or Evidence of Coverage
letter, required pursuant to this Agreement, together with evidence of
payment of premiums, shall be provided to District prior to the
commencement of any term of this Agreement.
C. The general liability insurance to be maintained by
La Quinta pursuant to this section above shall:
(1) Name District as an additional covered party under
the Memorandum of Coverage.
(2) Apply severally to La Quinta and District.
(3) Cover La Quinta and District as protected parties in
the same manner as if each are a member of the Joint Powers
Insurance Authority.
eng\agnmts\OS\La Quinta Redev 28
(4) Contain no provisions affecting the rights which
either of them would have as claimants if not so named as
protected parties.
(5) At such time as there is a duty to defend
or indemnify under this indemnification agreement
outlined in this contract, then the liability afforded
under the Joint Powers Insurance Authority
Memorandum of Coverage would be primary and any
other valid and collectible insurance available to the
District shall be excess.
(ix) Upon completion of the improvements (or any of them),
La Quinta shall notify District of such completion, in writing, and cause
contractors and all subcontractors and materialmen to provide lien and
material releases.
(x) Concurrently with La Quinta!s execution of this Agreement,
La Quinta shall deposit with District a minimum sum of two thousand
dollars ($2,000.00) ("Deposit"). The Deposit shall be held by District for
all costs and expenses of District arising out of or in connection with the
review of plans and specifications, engineering, surveys, field notes and
grade sheets, inspections of the improvements and any matter related to or
arising out of the same. La Quinta hereby authorizes District to use, apply
or retain all or any part of the Deposit to offset its costs and expenses
related to the foregoing duties. District shall not be required to keep the
Deposit separate from its general funds, and La Quinta shall not be entitled
cng\,gmmt,\05\La Quinta Redev 29
to interest on the Deposit. If there are any funds left in the Deposit after
the completion or acceptance of the improvements, such excess shall be
returned to La Quinta within thirty (30) days following completion and
acceptance of the improvement. If fiuther funds are necessary, La Quinta
shall, within thirty (3 0) days after written demand therefor, deposit cash
with District in an amount which District considers sufficient to pay for
the costs and expenses to be included hereunder.
(xi) Prior to the release of the construction plans to the improvements
(or any of them), La Quinta shall execute a bill of sale CBill of Sale') in the form
and content acceptable to District. The Bill of Sale shall convey title to each
improvement to District at no cost and expense to District. Each improvement
shall be transferred to District free and clear of all liens and encumbrances.
5. District shall do the following for domestic water service:
a. Construct two (2) domestic wells and pumping plants with on -site backup
generators, complete with necessary appurtenances, on two (2) of the six (6) sites
provided by La Quinta. described in Subparagraph Lc in accordance with the schedule on
Appendix A. Each well will be operational within one (1) year of the date of La Quinta
providing the necessary advance payments; however, District shall not be liable for the
failure to meet this schedule and La Quinta hereby waives and releases, indemnifies and
holds District and its officers, directors, employees, agents, successors and assigns
harmless from all debts, liabilities, obligations, costs, expenses (including, but not limited
to, attorneys' fees), damages, claims, actions or causes of action arising out of or in
connection with the failure to complete the well improvements within one (1) year of the
date of La Quinta providing the necessary advance payments.
eng\a&rnints\05\La Quinta Redev 30
b. Provide the fire flow of one thousand five hundred (1,500) gallons per
minute (gpm) and four thousand (4,000) gpm for two (2) hours for the two thousand
seven hundred (2,700) square foot clubhouse and multi -story hotel, respectively, to said
Project subject to La Quinta constructing the reservoir, reservoir pipeline and all pipelines
and La Quinta providing payment for the two (2) wells and pumping plants (or
completion of the two (2) well pumping plants if construction option described in
Subparagraph Ld. is used) subject to circumstances within the control of District. Said
fire flow shall not be available prior to the completion of all pipelines, and payment for
the two (2) wells and pumping plants (or completion of the two (2) well pumping plants
if construction option described in Subparagraph Ld. is used) in accordance with the
schedule in Appendix A.
C. Consider one hundred percent (100%) of the actual cost, exclusive of
engineering, inspection and surveying of the two (2) wells and pumping plants, described
in Subparagraphs Ld., as credit towards the Dwelling Unit Charge of the Water System
Backup Facilities Charge less the Supplemental Imported Water Supply Component at
the charge in effect on the day each facility is placed into service in District's system for
the Project. No refund or transfer of this credit will be made outside the Project. Should
the cost of constructing the well and purnping plants be less than the advance payment
described in Subparagraph Ld., excess deposits monies shall be refunded to La Quinta.
d. In the event the construction costs determined above for the wells and
pumping plants described in Subparagraph Ld. exceed the Dwelling Unit Charge of the
Water Systern Backup Facilities Charge, less the Supplemental Imported Water Supply
Component for the Project District will not pay the additional construction costs for the
two (2) wells and pumping plants, reservoir, reservoir pipeline and pipelines described in
eng\ag=ts\05\La Quinta Rrdev 31
Subparagraph I.d.
6. District sball do the following for sanitation service:
a. Convey a grant deed to La Quinta (depending on location of temporary lift
station) for the temporary lift station described in Subparagraph 2.e. at such time that the
gravity sanitary sewer pipeline described in Subparagraph 2.d. is accepted for operation
and maintenance.
b. Remove the reusable items at the lift station at no cost to La Quinta at such
time that the gravity sanitary sewer pipeline described in Subparagraph 2.d. is progressed
for service. The removal of the remaining surface appurtenances at the lift station will be
at La Quinta's sole cost and expense.
C. Consider the difference in pipeline cost exclusive of engineering,
inspection and surveying between a ten -inch (10") diameter gravity sewer pipeline and a
twenty-seven inch (27') diameter gravity sewer pipeline described in Subparagraph 2.c.
as credit toward the Collection System Component of the Sanitation Capacity Charge at
the charge in effect on the day the pipeline is placed into service in District's system. No
refund or transfer of this credit will be made outside the Project.
d. In the event the actual difference in construction cost between a ten -inch
(10") diameter gravity sewer pipeline and a twenty-seven inch (27") diameter gravity
sewer pipeline, exclusive of engineering, inspection and surveying, described in
Subparagraph 2.e. exceeds the Collection System Component of the Sanitation Capacity
Charge, District will not pay the additional construction costs.
e. Determine the cost of the pipeline subject to consideration, based on
La Quinta either from the lowest responsible bid, from a publicly bid contract or by
providing three (3) bids to District prior to the start of construction. District will review
eng\W=ts\05\Lz Quinta Redev 32
and approve the bids as a basis of the lowest costs.
7. The following general provisions shall also apply:
a. La Quinta shall provide written notification to the District of any
assignment of its rights or duties hereunder to any person or entity. Ile District shall
acknowledge receipt of the assignment in writing.
b. Subject to the foregoing, this Agreement shall bind and inure to the benefit
of the assigns, successors and representatives of the parties.
C. All notices provided for hereunder shall be in writing and mailed
(registered or certified, postage prepaid, return receipt requested), or by express carrier
(return receipt requested) or hand delivered to the parties at the addresses set forth below
or at such other addresses as shall be designated by such party and a written notice to the
other party in accordance with the provisions of this section. All such notices shall, if
hand delivered, or delivered by express carrier, be deemed received upon delivery and, if
mailed, be deemed received three business days after such mailing.
DISTRICT:
Coachella Valley Water District
Attention: Steve Robbins, General Manager -Chief Engineer
Post Office Box 1058
Coachella, California 92236
LA QUINTA:
La Quinta Redevelopment Agency
Attention: Tom Genovese, Executive Director
Post Office Box 1504
La Quinta, California 92247-1504
d. This instrument, together with the exhibits attached hereto and other
writings referenced herein, contain the entire agreement between the parties relating to
the subject matter hereof and supersede any and all prior agreements between the parties,
cng\agmnts\05\1A Quinta Redev 33
oral or written, and any and all amendments thereto. Any oral representations or
modifications concerning this instrument shall be of no force and effect excepting a
subsequent modification in writing, signed by the parties to be charged.
e. In the event of any litigation or other action between the parties arising out
of or relating to this Agreement or the breach thereof, the prevailing party shall be
entitled, in addition to such other relief as maybe granted, to its reasonable costs and
attorneys' fees.
'Me invalidity or illegality of any provisions of this Agreement shall not
affect the remainder of this Agreement.
9 Each party hereto agrees to execute and deliver such other documents and
perform such other acts as may be necessary to effectuate the purposes of this Agreement.
h. 'Me captions contained in this Agreement are for conV.emenCe Of reference
only and shall not affect the interpretation of this Agreement or limit or amplify any of its
terms or provisions.
i. This Agreement is entered into within the State of California, and all
questions concerning the validity, interpretation and performance of any of its terms or
provisions or any of the rights or obligations of the parties hereto shall be governed by
and resolved in accordance with the laws of the State of California.
Should public funds be used in the construction of any particular domestic
water, sanitation or irrigation facility at any given time, require that any contractor under
its employ for the construction of such facilities shall comply with the provisions of the
Labor Code of the State of California regarding prevailing wages, minimum wages; the
8-hour day and 40-hour week, overtime, Saturday, Sunday and holiday work; and
nondiscrimination because of race, color, national origins, sex or religion.
cag\agnnnts\05\La Quinta Redev 34
k. Subject to the obligations of La Quinta set forth herein, upon accepting
title to the domestic water and sanitation systems and facilities described above in this
Agreement District shall assume all rights and obligations of ownership including,
without limitation, the operation of the system at no further cost to La Quinta.
1. Whenever in this Agreement the approval or consent of District is
required, or some other action is required to be undertaken by District, as a condition to
the commencement of work or consummation of some other event, District shall act in a
timely manner in taking such action or in its consideration of such approval or consent.
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
COACHELLA VAL TER DISTRICT
By,
Steve Robbins
General Man er Chief. Engineer
Date (-'9 � � ()I:>
Tic �
LA QUINTA REDEVELOPMENT AGENCY
B
Thomas P. Genovese
Date
C0;Jes\eng\aV=ts\05U Quinta Red.ev 35
State of California
) ss
County of Riverside )
On June 17, 2005, before me, Cynthia R. Parks, Notary Public, personally appeared
Steve Robbins, known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
(seal)
N&�ry Public in and for said
County and State
Printed name: Cynthia R. Parks
Commission No. 1548227
My commission expires February 26, 2009
Domestic Water and Sanitation System
Installation and Irrigation Service Agreement
La Quinta Redevelopment
Thomas P. Genovese
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF LA QUINTA
On May 16, 2005 before me, Regenia Hensley, Notary Public, personally
appeared THOMAS P. GENOVESE personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on the instrument the
person or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
R N�IAHENSLEY
Notary Public
Commission # 1521423 -
Expiration: October 23, 2008
(Seal)
REGENLA WNSLEY
cixiwwn, , I # 1521423
Notary Putdc - C-CA(baw
Rklerdde COU*
Type of Document: Domestic Water & Sanitation System Installation and Irrigation
Service Agreement w/ Coachella Valley Water District
') C-S d. Way 7 a frtm
APPENDIX A i\J WV3 k o' kk
"14
Construction and/or design of
the facility described under
Item (a) must be completed
before water service is initiated
Reference
to the following Units within
Facilities Item (a)
Subparagraph
the Project*
Design and construct 15-inch diamet Wi�v'ty
2.c.
1.
sewer p!peline
Design and construct 24-inch diameter gravity
2.d.
2.
sewer p . eline
Design and construct 27-inch diameter gravity
2.e.
3.
sewer p�peline
Dedicate Well Site No. I and construct site
Le.
4.
improvements
5.
Well and Pumping Plant No. I with on -site
Ld.
ba2!Tp generator
Dedicate.Well Site No. 2 and construct site
I.e.
6.
improvements
7.
Well and Pumping Plant No. 2 with on -site
Ld.
300****
backup generator
8.
18-inch diameter pipeline
Ln.(i)
9.
1 8-inch diameter pipeline
Ln.(ii)
10.
18-inch diameter pipeline
Ln.(iii)
11.
18-inch diameter pipeline
l.n.(iv)
12.
18-inch diameter pipeline
I.n.(v)
Dedicate Well Site No. 3 and construct site
I.e.
13.
improvements
Dedic4te Well Site No. 4 and construct site
I.e.
14.
unprovements
Dedicate Well Site No. 5 and construct site
I.e.
15.
improvements
Dedicate Well Site No. 6 and construct site
I.e.
16.
improvements
17.
Booster Station/Pressure Reducing Station site
I.e.
*Certain items may require design only. Approval of designs will be required by District before service is
provided to the specified Units within the Project.
**As development progresses for sewer and water and/or to meet fire flow requirement for the water system.
***Well sites are a function of acreage and not units. Well sites will be dedicated even if ultimate units are not
-reached. Similarly, if additional units are added within the existing project acreage, no additional well sites will
be required,
* * * *nese units may be any combination of the hotel, timeshare units, permanent clubhouse, conference
center, commercial/retail center and maintenance facility.
M-1r.q\rn*\aamnft\n'5\T _q ('hiintsi ReApm
EXHEBIT A
LEGAL DESCRIMON
Co:les\eng\agnnnts\MU Quinta Redev
EXHIBIT"A"
Real property located in the City of La Quinta, County of Riverside, State of
Califomia,'described as follows:
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 5, THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 6, AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEG][NNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTFR OF SAID SECTION 6
V= TliE CENTERLINE OF AVENUE 52; THENCE A1,ONG SAID CENTERLM,
NORTH 89-5534"' EAST, 633.19 FEET... THENCE LEAVING SAID CENTERLI1,TE, SOUTH
0006'19" WEST, 55.00 FEET; THENCE PARALLEL TO AND 55.00 FEET SOUTHERLY OF
SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES:
NORTH 89-55'34" EAST, 1075.47 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1945.00 FEET; THENCE
SoLrIlMASTERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46043'49"
AND AN ARC DISTANCE OF 1586.34 FEET TO.THE BEGINNING OF A REVERSE
CURVE CONCA-VE-NOR-T—HEASTERLY- AND RAVING A RADIUS -OF 2055.-OU FEEr, A
RADIAL LINE -THROUGH SAID POINT BEARS NORTH 46039'23" EAST; THENCE
soUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46047"58"
AND AN ARC DISTANCE OF 1679.53 FEET; THENCE PARALLEL TO AND 55.00 FEET
SOUTH OF TBE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF 'SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 529
NORTH 8905 1'25" EAST, 859-04 FEET;
THENCE NORTH 0'008'35" WEST, 3.00 FEET; THENCE PARALLEL TO AND 52.00 FEET
SOUTH OF SAM NORTH LINE, NORTH -89051-25" EAST, 155.06 FEET TO THE
BEGINNING OIF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 291.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15009'25" AND AN ARC DISTANCE OF 76.98 FEET;
THENCE PARALLEL TO AND 60.00 FEET SOUTH OF SAID CENTERLINE THE
FOLLOWING FOUR (4) COURSES:
SOUTH 89051'25" WEST, 1081.86 FEET TO THE BEGINNING OF A*TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2060.00 FEET; THENCE
NORUIVIESTERLY ALONG SAID CURVE'THROUGH A CENTRAL ANGLE OF
46047'58" AND AN ARC DISTANCE OF 1682.62 FEET TO THE BEGINNING.'OF A
REVERSE CURVE CONCAVE SOUTHWESTERLY AND RAVING A RADIUS OF 1940.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 46-39'23" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
6151015610-0049
288092.01 &OW13102 EXH113IT "X'- Page I
OF 46643'49" AND AN ARC DISTANCE OF 1582.26 FEET; THENCE SOUTH 85055'34"
WEST, 1708.65 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6;
THENCE ALONG SAID WEST LINE, NORTH 0604'16" EAST, 60.00 FEET TO THE POINT
OF BEGINNING.
PARCEL A CONTAINS 1.506 ACRES, MORE OR LESS.
PARCELB
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION
8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMN[ENCING AT TH . E NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG
THE NORTH LINE OF SAID SECTION 8, ALSO BEING TJ . HE CENIERLINE OF AVENUE
52, SOUTH 89-51'25"' WEST, 60.04 FEET TO THE POINT OF BEGINNIN.—G-,
THENCE PARALLEL TO AND 60-00 FEET WESTERLY OF THE CENTERLM OF
JEFFERSON STREET, SOUTH 2b 12'44"' EAST, 235.55 FEET TO A POINT OF . cusp wrm
A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
171.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 72046'26" AND AN ARC DISTANCE OF 217.20 FEET; THENCE
NORTH 74P59'10" WEST, 55.07 FEEl TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 291-00 FEET. TIMNCE _'_
NORTHWESTERLY— ALONG- - SAUY- CURVE THROTIM-7A - MgfkAL AN LE OF
15009'25" AND AN ARC DISTANCE OF 76.98 FEET; TBENCE PARALLEL TO AND 52-00
FEET SOUTH OF T-HE CENTERLINE OF AVENUE 52, SOUTH 89051,15" WEST, 155.06
FEET; THENCE SOUTH 0*08'35" EAST, 3.00 FEET; THENCE PARALLEL TO AND 55-00
FEET SOUTH OF THE CENTERLINE OF AVENUE 52, SOUTH 89-51'25", WEST, 859-04
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY
A .
, ND HAVING A RADIUS OF 2055.00 FEET; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 1.3*17-09" AND AN ARC DISTANCE OF
476.51 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8, ALSO BEING
THE CENTERLM OF AVENUE 52; THENCE ALONG SAID NORTH LINE, NORTH
9905 1'25" EAST, 1733.26 FEET TO THE POINT OF BEGINNING.
PARCEL B CONTAINS 2.173 ACRES, MORE OR LESS.
PARCEL C
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 8,
AND THE WEST HALF OF THE WEST HALF OF SECTION 9, TOWNSHIP 6 SOUTH,
RANGE 713AST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRI13ED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG
THE CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST, 5267.69 FEET TO
THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 7 EAST,
615/015610-004B
289092.03 aO&13102 EXHL31T "N'- Page 2
SAN BERNARDINO MERIDIANS, THENCE ALONG THE SOUTH LINE OF. SAID
SECTION 9, ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89050'56" WEST,
65.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WESTERLY OF THE
CENTERLINE OF jEFFERsoN STREET, NORTH 2012'44" WEST, 297.88 FEET; THENCE
NORTH 1023'37" WEST, 350.04 FEET; THENCE PARALLEL TO AND 60.00 FEET
WESTERLY OF THE CENTERLINE OF jEFFERSON STREET, NORTH 2-12-44" WEST,
3166.69 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF THE ALL
AMERICAN CANAL; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY, NORTH
89053'14" EAST, 30.02 FEET; THENCE PARALLEL TO AND 30.00 FEET WESTERLY OF
THE CENTERLINE OF jEFFERSON STREET, NORTH 2012'44- WEST, 130.09 FEET TO
THE NORTHERLY RIGHT OF WAY OF THE ALL AMERICAN CANAL; THENCE
ALONG SAID NORTHERLY RIGHT OF WAY, SOUTH 89053'14" WEST, 30.02 FEET;
THENCE PARALLEL To AND 60.00 FEET WESTERLY OF THE CENTERLINE OF
jEFFERSON STREET, NORTH 2-12'44" WEST, 1322.87 FEET TO. A POINT ON THE
NORTH LINE OF SAIID SEC71ON 8, AL ",0 -BEING THE CENTERLINE OF AVENUE 52;
THENCE ALONG SAID NORTH LINE, NORTH 89'051'25- EAST, 60.04 FEET TO THE
POINT OF BEGINNING.
PARCEL C CONTAINS 7.220 ACRES, MORE OR LESS.
PARCELD
THAT . PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 8, AND
THE SOUTHWEST QUARTER OF THE SOUTHWEST --QUARTER OF - SECTION - 9, -
T-GWNS-H0?- -6- SOUTIV RANGE�'7—E&M- 8" 1�t ARDINO MERIDIAN, MORE
PARTICULARLY DESCRMED AS FOERS:
CobMIENCING AT THE NORTHEAST CORNER OF SECTION 17,-TOWNSH[P 6 SOUTIL
RANGE 7.EAST, SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE
OF SAID SECTION 9. SOUTH 89050'56" WESTS 65.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH . 89*50'56" WEST, 132.94 FEET TO THE
SOUTHWEST CORNER OF, SAID SECnoN 9; njENCE ALONG THE SOUTli 1,114E OF
THE SOUTHEAST QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLM OF
AVENUE 54, SOUTH 89059'23" WEST, 2647.64 FEET TO THE SOUTHWEST CORNER OF
SAID SOUTHEAST QUARTER, THENCE ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION, SOUTH 89-33'59" WEST, 49.00 FEET TO
T14E BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
SOUTH 89'33'59" WEST; THENCE LEAVING SAM SOUTH LINE, AND
NORTHEASTERLY ALONG SAD) CURVE THROUGH A CENTRAL ANGLE OF
105027'16" AND AN ARC DISTANCE OF 88.35 FEET; THENCE SOU . TH 74*58'44" EAST,
50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 100-00 FEET; THENCE
SOUTI-IEAsTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15000'38"
AND AN ARC DISTANCE OF 26.20 FEET; THENCE PARALLEL TO AND 30.00 FEET
NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8,
ALSO BEING THE CENTERLINE OF AVENUE 54, SOUTH 89-59'23" EAST, 2514.64
615101561OM49 - Page 3
28809L01 RO&13/M EXHI[BIT "A"
FEET; THENCE NORTH 83*02'52" EAST, 151.56 FEET; THENCE. NORTH 44"58'49"
EAST, 36.66 FEET; THENCE PARALLEL TO AND 65.00 FEET WEST OF THE
CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST, 74.00 FEET TO THE
POINT OF BEGINNING.
PARCEL D CONTAINS 2.024 ACRES, MORE OR LESS.
PARCEL2
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 5, THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 6, THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 7, AND SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST.
SAN BERNARDINO MERMIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6
WITH THE CENTERLINE OF AVENUE 52; THENCE ALONG SAID WEST LINE, SOUTH
0004'16" WEST, 60.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
PARALLEL TO AND 60.00 FEET SOUTH OF THE CENTERLINE OF A -VENUE 52 THE
FOLLOWING FOUR (4) COURSES:
NORTH 89055'34" EAST, 1708.65 FEET To THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1940.00 FEET; THENCE
SoUn-EEASTERL-y-ALONG-SAM-CURVE-THROUGH A -CENTRAL ANGLE'OF-46143'49'-
AND AN ARC DISTANCE OF 1582.26 FEET TO THE BEGINNING OF A REVERSE
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2060.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 46039'23" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46047158'
AND AN ARC DISTANCE OF'1682.62 FEET; THENCE NORTH 89*51'25" EAST, 767.06
FEET;
THENCE SOUTH 41015'00" BAST, 787.18 FEET; THENCE PARALLEL TO AND 60.00
FEET WESTERLy OF THE CENTERLINE OF JEFFERSON STREET, SOUTH 2-12'44"
EAST, 669.32 -FEET TO THE NORTHERLY RIGHT OF WAY OF THE ALL AMERICAN
CANCEL; THENCE ALONG THE NORTHERLY AND WESTERLY RIGHT OF WAY OF
THE ALL AMERICAN CANAL THE FOLLOWING SEVEN (7) COURSES:
SOUTH 89053'14" WEST, 2633.43 FEET; THENCE SOUTH 0000'06" EAST, 1320.62 FEET;
THENCE SOUTH 89055'03" WEST, 20.00 FEET; THENCE SOUTH 0'00'06" EAST, 420.29
FEET TO THE BEGINISHNG- OF A TANGENT CURVE. CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 796.20 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 28030'00" AND AN ARC DISTANCE OF
396.05 FEET; THENCE SOUTH 28*30'06" EAST, 74.10 FEET TO THE BEGINNING OF A
TANGENT C!URVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 636.20
FEET; THENCE SOUTHEASTERLY ALONG SAD) CURVE THROUGH A CENTRAL
ANGLE OF 11002'55" AND AN ARC DISTANCE OF 122.68 FEET;
615/015610-0049
288092.01 06/13W EXHMIT "A!'- Page 4
THENCE LEAVING SAD:) WESTERLY RIGHT OF WAY, NORTH 60-30'00" WEST, 59.57
FEET; THENCE NORTH 74*00'00" WEST, 188.00 FEET; THENCE NORTH 35010'00"
WEST, 68.00 FEET; THENCE NORTH 40'35'00" WEST, 111.50 FEET; THENCE NORTH
40*50'00" Wes� 115.50 FEET; THENCE NORTH 75*35'00" WEST, 93.50 FEET; THENCE
NORTH 36040'00" WEST, 162.50 FEET; THENCE NORTH 19*35'00" EAST, 61.50 FEET;
THENCE NORTH 36'000'00" WEST, 172.50 FEET; THENCE NORTH 45*15'W' WEST,
214.00 FEET; THENCE NORTH 43010'00" WEST, 173.00 FEET; THENCE NORTH
45025'00" WEST, 146.00 FEET; THENCE NORTH 13055'00" WEST, 198.50 FEET; THENCE
SOUTH 82000'00" WEST, 182.00 FEET; THENCE NORTH 58*15'00" WEST, 187.50 FEET;
THENCE NORTH 46000'00" WEST,180.50 FEET; THENCE NORTH 31150'00" WEST,'
108.00 FEET; THENCE NORTH 5*55'WWEST, 209.00 FEET; THENCE NORTH I 0*20'W'
EAST, 190.50 FEET; THENCE NORTH 4*40'W' EAST, 111.00 FEET; THENCE NORTH
2*'40'00" WEST, 88.50 FEET; THENCE 14ORTH 14000'00" VIMT, 102.00 FEET, THENCE
NORTH 64040'00" VvrEST,.j86.00fEET; THENCE NORTH 67'50'W'WEST, 187.00 FEET;
THENCE SOUTH 76055'00" WEST, 124.00 FEET; THENCE SOUTH 37*10"W' VMT,
122.00 FEET; THENCE SOUTH 88120'W'VMT, 75.50 FEET; THENCE NORTH 88*20'00"
WEST, 75-00 FEET40 THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 70.00 FEET, THENCE
NORTHWESTERLY ALONG SAM CURVE THROUGH A CENTRAL ANGLE OF
72*25'00" AND AN ARC DISTANCE OF 88.47 FEET; THENCE NORTH 63*25'00" VMST.
59.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 135.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
77030'00" AND.__AN.,.ARC__ DISTANCE OF-- 1824L FEET- -T-0----T-EIE-BEGENN-H4G--OF--A-
ktvi��E__ CURVE CONCAVE SOUTEVESTERLY AND HAVING A RADIUS OF 47-00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 75'50'00" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 105'045'00" AND AN ARC DISTANCE OF 86.75 FEET; THENCE SOUTH 88*20'W
V,rEST, 75.50 FEET; THENCE NORTH 72*20'00" WEST, 64.00 FEET; THENCE SOUTH
89050100" WEST, 88.50 FEET; THENCE NORTH 48*10'W'WEST, 89,50 FEET; THENCE
NORTH 38035'00" WEST, 230.50 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 90-00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
97045'00" AND AN ARC DISTANCE OF 153.55 FEET; THENCE NORTH 8*05'00" EAST,
116.00 FEET; THENCE NORTH 7'05'00" WEST, 293.00 FEET; THENCE NORTH 45*45100"
WEST, 143.00 FEET; THENCE NORTH 53125'00" WEST, 284.00 FEET TO A POINT ON
THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER SAID SECTION 6; THENCE ALONG SAID WEST LINE, NORTH
0004'16" EAST, 1068.43 FEET TO THE POINT OF BEGINNING.
PARCEL 2 CONTAINS 292.135 ACRES, MORE OR LESS.
PARCEL3
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER, THE
SOUTHEAST QUARTER, AND THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER, OF SECTION 8; AND THE WEST HALF OF THE WEST HALF OF SECTION
615/015610-0049
288092.01 aO&13/02 EXHMIT "A7- Page 5
9; TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COM[NENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH,
RANGE 7 EAST, SAN BERNARDINO MERIDIAN; THENCE ALONG THE SOUTH LINE
OF SAID SECTION 9, SOUTH 89'50'56" WEST, 65.04 FEET; THENCE PARALLEL TO
AND 65.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET, NORTH
2012'"" WEST, X-00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
44*58'49" WEST, 36.66 FEET; THENCE SOUTH 83*02'52" WEST, 151.65 FEET; THENCE
PARALLEL TO AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 8, ALSO BEING THE CENTERLINE OF AVENUE 54,
SOUTH 99059'23" WEST, 2514.64 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100-00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
15000'38" AND AN ARC DISTANCE OF 26.20 FEET; THENCE NORTH 74*5.8'44" WEST,
50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 48.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
105*27'16" AND AN ARC DISTANCE OF 88.35 FEET TO A POINT ON THE SOUTH LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE ALONG SAID SOUTH
LINE, SOUTH 89-33'59- WEST, 414.94 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF THE ALL AMERICAN CANCEL, SAID POINT ALSO BEING THE
BEGD41MG OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HkV]N-G A RADIUS OF - 1372.40 FEET, A RADIAL LINE THROUGH SAID-POIle BEARS
NORTH 56*56�W'WEST; THENCE ALONG THE EASTERLY AND SOLMIERLY RIGHT
OF WAY OF nm ALL AMERICAN CANAL, THE FOLLOWING TWELVE (12)
COURSES:
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1034'W'
AND AN ARC DISTANCE OF 37.53 FEET; THENCE NORTH 34037'54" EAST, 814.10
FEET TO THE- BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF - 1492.40 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 6*24'00" AND AN ARC DISTANCE OF
166.70 FEET; THENCE NORTH 28*13'54" EAST, 272.60 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 776.20 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
56644"00" AND AN ARC DISTANCE OF 768.58 FEETi THENCE NORTH 28030'06" WEST,
74.10 FEET TO THE * BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 656.20 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
28030'00" AND AN ARC DISTANCE OF 326.41 FEET; THENCE NORTH 0*00'06" VIEST,
420-49 FEET; THENCE SOUTH 89*55'03" WEST, 10.00 FEET; THENCE NORTH 0*00'06"
WEST, 954.66 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 236.48 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
89053'20" AND AN ARC DISTANCE OF 371.00 FEET; THENCE NORTH 89*53'14" EAST,
2292.43 FEET;
61SIO15610-004% - Page 6
238092.01 aO&13/02 EXHIBIT "A"
THENCE PARALLEL TO AND 60.00 FEET WESTERLY OF THE CENTERLINE OF
JEFFERSON STREET, SOUTH 2012'44" EAST, 3166.69 FEET; THENCE SOUTH 1*23'37"
EAST, 350.04 FEET; THENCE PARALLEL TO AND 65.00 FEET WEST OF THE
CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST, 223.88 FEET TO THE
POINT OF BEGINNING. -
PARCEL 3 CONTAINS 226,610 ACRES, MORE OR LESS.
PARCEL4
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG
THE NORTH LINE OF SAID SECTION 8, ALSO BE24G THE'CENTERLINE OF AVENUE
52, SOUTH 89051'25" WEST, 60.04 FEET; THENCE PARALLEL TO AND 60'.00 FEET
WESTERLY OF TIRE CENTERLINE OF JEFFERSON STREET, SOUTH 2012'44" EAST,
235.55 FEET TO THE TRUE POINT OEBEGINNING; THENCE CONTINUING SOUTH
2* 12'44" EAST, 418..00 FEET; THENCE NORTH 41015'00" WEST, 787.18 FEET; THENCE
PARALLEL TO AND 60.00 FEET SOUTH OF THE CENTERLINE OF AVENUE 52,
NORTH 89051'25" EAST, 314.80 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE CONCAVE SOUnIWESTERLY AND HAVING A RADIUS OF 291.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 13019'2T' EAST; THENCE
SOUTBEASTERLY- ALONG - S-AIU CURVE -THROUGH _K C_ ANGLE OF 1041'29"
AND AN ARC DISTANCE OF 8.59 FEET; THENCE SOUTH 74059'1 W'EAST, 55.07 FEET
TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 171.00 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 72046'26" AND AN ARC DISTANCE OF
217.20'FEET TO THE POINT OF BEGINNING.
PARCELA CONTAINS 3.207 ACRES, MORE OR LESS.
EXHIBIT B
PROJECT LOCATION MAP
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EXHIBIT C
STANDARD DOMESTIC WATER AND/OR
SANITATION SYSTEM INSTALLATION AGREEMENT
CO:Ies\cng\agnnnts\05UA Quinta Rodev
No Recording Fee
Required Per
Government Code
Section 27383
RECORDING REQUESTED BY AND
VIM RECORDED RETURN TO:
COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
(Space above this line for Recorder's Use)
DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION
AGREEMENT
THIS AGREEMENT is made on this day of , by and between
the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, with its
headquarters at Coachella, California, hereinafter designated as -District" and
. located at
hereinafter designated as "Subdivider. -
the
WHEREAS, Subdivider is developing a subdivision of
quarter of Section . Township
lots located in
South, Range - Fast,
San Bernardino Meridian, and has filed a Tentative Subdivision Map with the Planning Commission of
the County/City of
designated as Tract No.
on Exhibit A and shown on Exhibit B; and
which tentative subdivision has been
hereinafter designated "Subdivision" and described
WHEREAS, said Subdivision will require a water distribution system and/or sanitation system and
domestic water service and/or sanitation service to each of said
lots; and
WIMREAS, Subdivider is desirous of having District provide domestic water and/or sanitation
service to said Subdivision and is willing to transfer to District the water distribution system and/or
sanitation system necessary therefor after the construction thereof and District is willing to accept such
transfer and to provide domestic water service and/or sanitation service to said Subdivision on the terms
and conditions set forth herein.
CVVD-014A
(Rev. 2/05)
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Subdivider will comply with District's "Regulations Governing Domestic Water Service,"
"Regulations Governing Sanitation Service," and "Instructions for Preparation of Improvement Plans for
Domestic Water Systems and/or Sanitary Sewer Systems" as the same may be amended from time to
time, the provisions of which are incorporated herein by reference.
2. Ile domestic water system and/or sanitation system to serve said Subdivision shall be
constructed in accordance with Districts "Standard Specifications for the Construction of Domestic Water
Systems" and/or "Standard Specifications for the Construction of Sanitary Sewer Systems" and such
specifications and construction plans prepared by Subdivider and which shall be approved by District
prior to the presentation thereof to contractors for bidding purposes. The domestic water system shall
include all pipelines, valves, service connections, fire hydrants, and appurtenances, excepting only the
water meter to the individual lots. 'Me sanitation system shall include manholes, pipelines, house laterals,
pump stations, and appurtenances.
The Contractor employed by Subdivider to construct the domestic water system and/or
sanitation system shall be licensed by the State of California for these types of construction and in
addition shall be approved by District for such purpose.
The entire cost of the construction of the domestic water system and/or sanitation system
shall be paid by Subdivider. The construction will be inspected by District inspection personnel to the
end that the domestic water system and/or sanitation system facilities are constructed and installed
pursuant to Us agreement in accordance with the approved plans and specifications. This inspection is
not for the purpose of determining installed footage of water or sewer pipeline or for compliance by the
Contractor with safety requirements.
5. Prior to the release of the improvement plans for the domestic water system and/or sanitary
sewer system Subdivider shall furnish to District the following:
a. Bill of Sale for conveyance of the domestic water system and/or
sanitation system.
b. Any and all Dcod(s) of Easement or Grant Deed(s) to any rights -of -way or other real
property interests necessary for the operation of the domestic water system and/or sanitation system
or to comply with the requirements of District's Regulations Governing Domestic Water and/or
Sanitation Service.
c. Written petitions for the annexation of its lands to be developed to those Improvement
Districts of District which are applicable to the public services to be provided.
-2-
CVWIM14A
(Rcy. 2/05)
d. An irrevocable letter of credit or a certificate of deposit from a bank or savings and loan
located and doing business in the State of California naming District as sole beneficiary with the
exclusive right of withdrawal according to the following; in the amount of $2,000 or five percent of
the amount of the construction contract(s), whichever sum is greater, as security for the purpose of
guaranteeing the completion of construction as provided in paragraphs 6 and 7 herein. Said
security shall provide that District has the absolute right five days after the mailing of a written
notification to Subdivider by certified mail at Subdivider's address herein to draw all or a portion of
the funds represented by the security as may be necessary to complete construction, including
administrative and all other project costs or to secure compliance with the provisions of
Paragraphs 6 and 7.
Said security, less draws, if any, will be returned to Subdivider upon acceptance of the
domestic water system and/or sanitation system by District.
6. Prior to the installation of water meters or the acceptance of the domestic water system
and/or sanitation system by District, whichever occurs first, Subdivider shall fivnish to District and/or
comply with the following:
a. Pay all Water System Backup Facilities Charges, Supplemental Imported Water
Supply Charges and/or Sanitation Capacity Charges as may be applicable.
b. As to any water well developed by Subdivider for golf course irrigation or other
purposes in connection with said Subdivision, execute a separate well -metering agreement with
District. Said agreement will be mailed to Subdivider by District.
Section 31638.5 of Chapter 7, Part 6 of Division 12 of the WaterCodes states that: "It
shall be unlawfW to produce water [in excess of 25 acre feet per yearl.unless the well or other water
producing facility producing such water shall have a water -measuring device [meter) affixed thereto
which is capable of measuring and registering the accumulated amount of water produced."
C. Upon execution of a well -drilling contract for the golf course irrigation well as
described in Subparagraph 6.b. above, notify District of intent to drill said well, the required meter
size, and upon completion of the well shall install a meter and pump discharge manifold according
to District specifications, at Subdivider's expense. In the event that the meter installation and pump
discharge manifold is not completed according to District specifications and with DistricVs
approval, District shall have the right to direct that the entire discharge manifold assembly be
reconstructed at Subdividees expense. District, for Subdivider's convenience, will make available
the meter and meter installation specifications upon request to District by Subdivider and/or well
driller's authorized representative.
-3-
CVWD-014A
(RCV, 2/05)
After completion of the meter installation District will, at District's expense, obtain a
hydraulic PUMP test on the well for determining any meter correction factors.
District employees and agents shall at reasonable times over lands owned by
Subdivider on which said well is located, have the right of ingress and egress.
District will own, operate, maintain, and replace said meter at District expense.
District will read said meter at periodic intervals and make such readings available to Subdivider if
so requestedL Subdivider agrees that District may obtain copies of current and past electrical power
consumption and well pump test data directly from the electrical utility serving the well or from
any individual conducting said tests, without obtaining additional releases.
d. As to any domestic water well site(s) and/or sanitary sewer lift station site(s) provided
by Subdivider:
1) Grading plans of the site(s) for District approval. After the grading plans have
been approved by District, grade site(s) in accordance with approved plans.
2) Plans for perimeter walls and exterior landscaping for District approval. After
the plans have been approved by Distric� construct the walls and landscaping in accordance
with the approved plans. The design of the walls shall include consideration of noise
attenuation to maintain exterior noise levels for residential development while the well or lift
station is in operation. Said perimeter walls shall be installed prior to District providing
service.
3) Provide electrical power of a voltage and wattage necessary for the well or lift
station operation to the site(s). Plans for this installation shall be approved by the District
prior to construction.
4) Plans for the acceptance of well site drainage and well discharge water from the
well sitc(s) into the on-sitc drainage facilities for District approval. After the plans have been
approved by District, construct and maintain the facilities necessary for the conveyance of
these waters from the well site(s) in accordance with approved plans. Subdivider shall
include these conditions in the Covenants, Conditions and Restrictions for said Subdivision.
5) Be responsible for the exterior landscaping at the site(s).
C. A certified copy of the Covenants, Conditions and Restrictions for said Subdivision.
7. As to any electrically or electronically operated security gate system installed by Subdivider
and designed to be functional without an operator/guard, District shall have the right to install radio
controls to operate said gate(s) at Subdivider's expense. Subdivider shall pay District the sum of $2,500
as the cost of said radio controls prior to the installation of water meters or the acceptance of the domestic
-4-
CVWD414A
(Rev. 2/05)
water system and/or sanitation system by District, whichever occurs first. District will operate, maintain,
and replace said radio controls at District expense.
8. Prior to the acceptance of the domestic water system and/or sanitation system by District,
Subdivider shall fin-nish to District any and all requested documents, including but not limited to the
following:
a. A Declaration by Subdivider or its Contractor(s) that the Contractor(s), or any party
who furnished material in the construction of the domestic water system and/or sanitation system,
have been paid in full;
b. As -Built Drawings of the domestic water system and/or sanitation system. Acceptance
by District of the domestic water system and/or sanitation system shall vest title thereto in District
without any finther action on the part of Subdivider.
C. A surety bond, irrevocable letter of credit or a certificate of deposit from a bank or
savings and loan located and doing business in the State of California, naming District as sole
beneficiary with the exclusive right of withdrawal according to the following; in the amount of
$2,500 or ten percent of the amount of the construction contract(s), whichever sum is greater, to
guarantee the performance of the installed domestic water system and/or sanitation system as
against failures of any type, the period of said guarantee and said warranty shall be for one year
from the date of the acceptance of the domestic water system and/or sanitation system by District.
Said security, less any charges by District, shall be returned to subdivider at end of one year.
9. Upon the request of Subdivider, District will furnish to the appropriate departments of the
appropriate City or County, the Department of Real Estate and/or Department of Corporation of the State
of California, a letter from District indicating that financial arrangements have been made for the
construction of the domestic water system and/or sanitation system for said Subdivision and District is
willing to provide domestic water service and/orsanitation service to each and every lot therein, provided
Subdivider has done all of the following:
a. Complied with all provisions of this Agreement applicable at the time,
b. Fun-Lished District an irrevocable letter of credit or certificate of deposit from a bank or
savings and loan located and doing business in the State of California in a form approved by
District in the amount of $2,000 or five percent of the amount of the construction contract(s),
whichever sum is greater,
C. Furnished District with a copy of the Bond filed with the appropriate City or County,
guaranteeing the construction of required Subdivision improvements, including the domestic water
system and/or sanitation system provided for herein, and
CVWD-014A
(Rev. 2/05)
d. Paid to District any amount due under the Water System Backup Facilities Charge,
Supplemental finported Water Supply Charges and/or Sanitation Capacity Charge as may be
applicable, i.e., those in effect at the time payment is tendered to District.
C. Initiated a Well Metering Agreement with District (if applicable).
10. District shall not be liable for the replacement of decorative concrete and other surface
improvements, including but not limited to, alternative paving methods which District may be required to
remove in the future to gain access to the domestic water and/or sanitary sewer pipelines and
appurtenances. District shall not be responsible for seat coating, overlaying or otherwise resurfacing
street improvements outside the immediate area of construction. Subdivider shall include these
conditions in the Covenants, Conditions, and Restrictions for said Subdivision.
11. District shall not be liable for the maintenance including but not limited to malicious damage
and graffiti of the exterior walls and landscaping around the domestic water well site(s) and/or sanitary
sewer lift station site(s) provided by Subdivider. Subdivider and its successors shall be responsible for
the maintenance of these improvements. Subdivider shall include this condition in the Covenants,
Conditions and Restrictions for said Subdivision.
12. District shall not be subject to the approval of Subdivider or Homeowners Association on any
use, restrictions or conditions for any domestic water well site(s) and/or sanitary sewer lift station site(s)
provided by Subdivider. Subdivider shall include an acknowledgement of these conditions in the
Covenants, Conditions and Restrictions for said Subdivision.
13. Subdivider will provide notice to the purchaser of any homes within 300 feet of any District
domestic water well sitc(s) and/or sanitary sewer lift station site(s) of the fact that District owns the
property and its proposed and/or actual use and the activities that are mivolved during the construction and
operation of said domestic water well and/or sanitary sewer lift station, such as heavy equipment
operation including drilling and maintenance derricks which may create noise and vibration. Subdivider
shall include an acknowledgement of these conditions in the Covenants, Conditions and Restrictions for
said Subdivision.
14. In the event that construction of the facilities which are the subject of this Agreement has not
begun within 12 months of the date of this Agreement or, having been completed, said facilities have not
been accepted by District within 24 months of said date, District shall have the right to declare this
Agreement void. In the event District exercises said right, it shall have no further obligations under this
Agreement. Any new or revised Agreement and any related domestic water and/or sanitary sewer plans
shall rcflcct any new conditions in effect at that time. Costs, fees and charges due under said new or
revised Agreement shall be those which are in effect at the time payment thereof is tendered.
-6-
CVVA)-014A
(Rev UK)
15. In the event that Subdivider fails to perform any obligation under this agreement, Subdivider
agrees to pay all costs and expenses incurred by District in securing performance of such obligations,
including costs of suit and reasonable attorney's fees.
16. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to
indemnify, defend and hold District ham -Jess from any losses, claims, demands, actions or causes of
action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to
be constructed and installed under this agreement by Subdivider, including cost of suit and reasonable
attorney's fees.
17. Following fidfiUmcnt of the terms and conditions herein and acceptance by District of the
domestic water system and/or sanitation system, District will provide domestic water service and/or
sanitation service to said Subdivision in accordance with District's Regulations cited in Paragraph 1.
18. This Agreement is binding on the assigns of District and on the assigns, successors, and
representatives of Subdivider.
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
COACHELLA VALLEY WATER DISTRICT
By-.
Dated:
SUBDIVIDER
By:
Dated:
-7-
CVWD-014A
(Rev. 2/05)
EXHIBIT D
WELL METERING AGREEMENT
CO:Ies\eng\agmntsNO5\La Quinta Redev
No Recording Fees
Required Per
Government Code
Section 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
COACHELLA VALLEY WATER DISTRICT
post Office Box 1058
Coachella, California 92236
(space above this line is for Recorder's use)
File:
State Well No.:
IRRIGATION WELL METERING AGREEMENT
THIS AGREEMENT is made on this day of
1 2001, by and
between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of
California, with its headquarters at Coachella, California, hereina:fter
designated as "District," and
0
, hereinafter designated as
WHEREAS, real property is located in portions of the I
San Bernardino Meridian, in the County of Riverside, State of California, more
particularly described on Exhibit " Am and shown on Exhibit " B9 attached
hereto and hereinafter designated " Real Property" ; and
WHEREAS, and District have entered into an agreement to provide
irrigation water service to said Real Property for the purpose of
Except as otherwise set forth herein, the term "irrigation water" is intended to
refer to canal water; and
WHEREAS, this Irrigation well Metering Agreement provides a means of
identifying the source and measuring the quantity of well water used to irrigate
Real Property; and
WHEREAS, no groundwater replenishment assessment exists which affects
District has embarked upon a long-term water management plan
which encourages the use of alternative sources of water, thus protecting
valuable groundwater resources for domestic consumption.
NOW, THEREFOR--. THE PARTIES AGREE AS FOLLOWS:
agrees to verify the source and quantity of well water
used to irrigate Real Property by installing a metering device on I,
well according to District's well metering specifications at Is
expense so that District may read said metering device at periodic intervals.
2. Upon request, District will make available the specifications for
the installation of a well metering device.
3. Upon completion of the installation of the well metering device,
District shall conduct an inspection of said facilities.
4. After completion of the meter installation, District will, at
District's expense, obtain a hydraulic pump test on the well for determining any
meter correction factors.
S. In the event that District determines that the meter installation
has been modified, upgraded and/or replaced or has not been completed according
to District specifications, District shall notify _ of it-s -disapproval.
District shall then have the right to direct the well metering device be
reconstructed at _Is expense or to- direct that other appropriate action
be taken.
6. Upon District's acceptance of said metering device,
will own, operate, maintain and replace said meter at Is expense.
District will read said meter at periodic intervals and make such reading
available to - if so requested. agrees that District
may obtain copies of current and past electrical power consumption and well pump
test data directly from the electrical utility serving the well or from any
individual conducting said tests, without obtaining additional releases.
shall grant or obtain any releases that may be required of District
in order to obtain said data from the power utility.
7. shall maintain well and meter sites in a safe and
accessible condition as required under state and f ederal regulations. This
shall include, but not be limited to, provision of ventilation in enclosed
spaces, providing safe access to vaults and protecting personnel from unsafe
conditions which could be caused by electrical and mechanical equipment. In the
event that fails to maintain well and meter sites in a safe and
accessible condition, hereby agrees that District may take such
safety measures as may be necessary at Is expense including, but
not limited to, performing repairs to equipment or estimating production as
provided in Paragraph 6.
S. Upon execution of a well metering agreement, and in regard to all
future irrigation wells, shall notify District of its intent to
drill or use said wells. upon completion of each of the wells,
shall install a metering device in accordance with District's specifications, at
-Is expense, and execute a separate well metering agreement with
District for each of the additional wells developed by in the
form provided by District.
9. upon implementation of a groundwater replenishment assessment,
shall, at District's option, convey said metering device to -
District, for good and valuable consideration, receipt of which is hereby
acknowledged. upon District's acceptance of said metering device, District will
own, operate, maintain and replace said meter at District's expense. District
will read said meter at periodic intervals and make such readings available to
if so requested.
10. District, its officers, employees, and agents, shall have the right
of ingress and egress over property owned or controlled by for
access to each well and accompanying facilities, equipment and appurtenances for
the purpose of performing the activities set forth in this Agreement. -In the
event the irrigation well serving Real Property exists within lands not owned or
controlled by _ I - shall secure ingress and egress for
District personnel and vehicles to read the metering device. District agrees to
indemnity, defend and hold harmless from any cost incurred or
suffered by _ as a result of damage or injury to persons or
. property as a result of District exercising its right of ingress and egress.
11. Wo modification, variance or amendment of this Agreement shall be
effective without the written consent of all of the parties to this Agreement.
12. In the event of any controversy, claim or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees and costs.
13. In the event that any of the terms, conditions or provisions of this
Agreement, are held to be illegal, unenforceable or invalid by any court of
competent jurisdiction, the legality, validity and enforceability of the
remaining terms, conditions or provisions shall not be affected thereby.
14. Each party hereby agrees to perform any further acts to execute and
deliver any documents which may be reasonably necessary to carry out the
provisions of this Agreement.
PLF-ASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
COACHELLA VALLEY WATER DISTRICT
By
Date
By
Date
EXHIBIT E
BEST MANAGEMENT PRACTICES
CO:Ies\cng\agnnnts\05\IA Quinta Rodev
EXHIBIT E
Best Management Practices
Apply frequent light rates of N.
2. Use slow -release fertilizers.
3. Avoid fertilizing during periods when turf grass is naturally slow growing, dormant or
stressed.
4. Avoid fertilizing when rain is forecasted.
5. Conservatively irrigate greenbelt areas to save water and reduce leaching. Limit irrigation
to the amount necessary to replace moisture used by the plant. irrigate according to ET and
soil infiltration rates. Maintain the highest possible irrigation distribution. Try not to have
irrigation application rate exceed soil infiltration rate by using multiple, short run times.
6. Use less energy demanding plants where possible and reduce the scope of the "heavily
managed" areas.
7. Reduce annual N application rates as much as possible.
8. Minimize the reduction of growth of base turf areas during preparations of overseeding.
9. Reduce' the amount of area within greenbelt areas that is overseeded.
10. Install under -drain system to collect the leachate from areas of the greenbelt areas that may
be susceptible to leaching. The leachate should be properly disposed of through irrigation
via infiltration through a proper soil profile.
1. Develop collection ponds to collect surface runoff and if necessary, install impervious
liners to prevent groundwater leaching.
12. Collect runoff from sensitive areas and pass it through grassed swales or vegetated buffer
strips.
13. As a condition of service, the recommendations of Best Management Practices must be
implemented unless the general manager — chief engineer finds it would be a hardship.
CO:jes\eng\agmints\06\LA Quinta Redev
1 *40.11 �I-v �
ACCESS EASEMENT AREA
CO:Ies\en&grmts\05\La Quinta Redev
EXHIBIT "F"
LEGAL DESCWTION
HUUGATION LATERAL 121.3 — EASEMENT
"SILVERROCK"
PARCEL "A":
BEING A PORTION OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN
BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRI13ED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, BEING THE
CENTERLINE INTERSECTION OF AVENUE 52 AND JEFFERSON STREET;
THENCE SOUTH 02013'02" EAST 1453.00 FEET ALONG THE CENTERLINE OF
JEFFERSON STREET;
THENCE SOUTH 89052'48" WEST 2352.35 FEET ALONG THE SOUTHERLY RIGHT OF
WAY OF THE ALL AMERICAN CANAL TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEAST AND HAVING A RADIUS OF 236.48 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 3 7 1.00 FEET THROUGH A CENTRAL ANGLE OF 89053'13";
THENCE SOUTH 00000'25" EAST 954.65 FEET ALONG THE EASTERLY RIGHT OF
WAY OF THE ALL AMERICAN CANAL;
THENCE NORTH 99054'39" EAST 10.00 FEET ALONG SAID RIGHT OF WAY;
THENCE SOUTH 00000'25" EAST 420.46 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 656.20 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 325.75 FEET THROUGH A CENTRAL ANGLE OF 28026'35";
THENCE SOUTH 28027'00" EAST 74.54 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 776.20 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 517.29 FEET THROUGH A CENTRAL ANGLE OF 38011'02" TO THE TRUE POINT
OF BEGINNING, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH
80'15'58" EAST;
THENCE SOUTH 8105 6'3 1 " EAST 10.32 FEET;
THENCE NORTH 08003'28" EAST 74.82 FEET;
THENCE NORTH 48002'10" EAST 74.41 FEET;
0:\40256\4025601\drawings\survcy\2560i—Exhibit F—BOR ESMT doc
Page 1 of 2
EXHIBIT "F"
LEGAL DESCPJPTION
IRRIGATION LATERAL 121.3 — EASEMENT
IISILVERROCK"
THENCE NORTH 16034'30"
EAST 127.28 FEET;
THENCE NORTH 32014'07"
EAST 145.59 FEET;
THENCE SOUTH 57045'53"
EAST 111. 12 FEET;
THENCE SOUTH 32014'07"
WEST 10.00 FEET;
THENCE NORTH 57045'53"
WEST 101.12 FEET;
THENCE SOUTH 32014'07"
WEST 134.20 FEET;
THENCE SOUTH 16034'30"
WEST 128.72 FEET;
THENCE SOUTH 48002'10"
WEST 73.59 FEET;
THENCE SOUTH 08003'28"
WEST 81.18 FEET;
THENCE NORTH 81056'3 1" WEST 20.68 FEET TO THE EASTERLY RIGHT OF WAY OF
THE ALL AMERICAN CANAL, ALSO BEING A POINT ON A NON -TANGENT CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 776.20 FEET, A LINE RADIAL TO
SAID CURVE AT SAID POINT BEARS NORTH 7903 1'39" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 10.01 FEET THROUGH A CENTRAL ANGLE OF 00044'19" TO THE TRUE POINT OF
BEGINNING.
SAID DESCRIBED PARCEL "B" CONTAINS 5,415 SQUARE FEET, MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT "G" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART BEREOF_
Prepared under the supervision of
Date:
Expires 12/31/06
THE KEITH CONIPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Palm Desert, CA 92260
(760) 346-9844
LAND S'
E
No. 8010
Exp. 12/31/06
OF cm_\7�0/
0:\40256\4025601\&awings\s�ey\25601 —Exhibit F—BOR ESMr.doc
Page 2 of 2
EXHIBIT G
DEPICTION OF ACCESS EASEMENT AREA
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Appendix 5: SilverRock Specific Plan (70 pages)
S I LVE RROCK
SILVERRoCK RESO
SPECIFIC PLAN
July 18, 2006
CITY OF LA QUINTA
ACKNOWLEDGEMENTS
LA QUINTA CITY COUNCIL
Mayor - Donald Adolph
Mayor Pro Tem - Stanley Sniff
Council Member - Tom Kirk
Council Member - Terry Henderson
Council Member - Lee Osbome
LA QUINTA PLANNING COMMISSION
Chairperson - Paul Quill
Vice -Chairperson - Richard Daniels
Kay Ladner
Ed Alderson
Katie Barrows
LA QUINTA STAFF
Tom Genovese - City Manager
Douglas R. Evans - Community Development Director
Les Johnson, Planning Manager
CONSULTANT TEAM
Impact Sciences, Inc.
Tony Locacciato - Pfincipal
Ali Mir - Staff Planner
803 Camarillo Springs Road, Suite A
Camarillo, CA 93019
APPROVED BY CITY COUNCIL
ON 7/624/L2
BY DATE
RES04 0 693
CASF NO, - - - DAD
r I
L
0
kielliefulto
TABLE OF CONTENTS
1 INTRODUCTION ........................................................................................................................................... I
1-1 EXECUTIVE SUMMARY ....................................... ................... ................................... . ............. _1
1.2 PUIeOSE AND INTENT ............................................................. ......... I ............................... 1—.2
1.3 REGIONAL SETTING ... ......................................................... I ......................................................... 3
1.4 LOCALSETTING ............................................................ ....... 11 ............................. I .................
L5 PLANNING BACKGROUND AND PROJECT HISTORY .......................................................... 7
1.6 ENABLING LEGISLATION ............................................................................................................. 9
1.6.1 Required Findings ....................... . ......... . .......... ................. .............. _._ ..... .......... 9
1.7 CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE .................................... 10
1.8 ENTITLEMENT PROCESS ...................................................... I ...................................................... 11
2 PLANS, PROGRAMS, AND GUIDELINES ............................................................................................
12
2.1
RESORT CONCEPT .................................................................................... I .... I ..............................
12
2.1.1
Planning Area Definition ...... .................. .................................. ............................
12
2.1.2
Planning Area Characteristics ...... ........................................................................
12
2.2
LAND USE
....................... ......................... ....... .................................... ...................................
14
2.2.1
General Plan Context ...............................................................................................
14
2.2.2
Existing General Plan Designations ................................................................ ......
14
2.3
ZONING .............
I ............ I ................... ............................................................................................
16
2.3.1
Existing Zoning ............ ..................... ........ .......... - ......... . .................................. _16
2.3.2
Proposed Zoning..__. ................................................ ....... ...... .............................
16
2.4
THE MASTER PLAN OF LAND USE... .......... . ........ . ................................................... __ ....
18
2.4.1
Land Use By Planning Area ................... ................................................................
18
PlanningArea 1 ........................................................................................................
20
PlanningArea 2 ........................................................................................................
21
PlanningArea 3 — .... ... - ................ ........................... ................... ......... ___ .........
21
PlanningArea 4 ................................................................ . ..................... ............... �22
PianrdngArea 5 ................ ........................ .......... ....................................................
2-3
PlanningArea 6 .............................................................................................. .........
24
PlanningArea 7 ........................................................................................................
25
PlanningArea 8 ........ ...............................................................................................
25
2.5
CIRCULATION PLAN... .................... ....... _ ... ........... .............. __ .......... . .................................
26
2.5.1
Internal Circulation System ............... . ............... ................................. ...... ..........
26
2.5.2
Project Entry Conceptual Designs ..........................................................................
26
2.5.3
Multi -Use Trail ............................................ .............................................................
26
2.5.4
Accessibility ............. .................................................................................................
26
2.6
CONSERVATION, OPEN SPACE, AND RECREATION PLAN ... __ ................... ...................
29
2.6.1
Conservation ............................... ......................... ........................... .......................
29
2.6.2
Open Space ......... . .....................................................................................................
29
2.6.3
Recreation ....................... ........... ..............................................................................
30
July 18, 2006 SilverRock Resort Specific Plan i
2.7 INFRASTRUCTURE ................... ........ ....... I ........ . ......................................................................... 3D
2.7,1
Water ........................................................................ .................................................
30
2.7.2
Sardtary Sewer ........................ . . ......... .......... . ........................................................
31
2.7.3
Storm Water Drainage ........................... .............................. .............................. -.31
2.7.4
Public Utilities ......................................................... ........ ............. ..........................
31
2.Z5
Refuse Collection ............ ........................................................................................
31
2.7.6
Schools ................................................................. . ....................................................
32
2.7.7
Law Enforcement ............ .... -- ................................................ ...............................
32
2.7.8
Fire Protection ...........................................................................................................
35
2.7.9
City Adn-tinistration ... . ...... .................................. ...... ...................................
35
3 ZONING AND DEVELOPMENT REGULATIONS ..............................................................................
36
3.1 SPECIFIC PLAN OVERLAY DISTRICTS ................... .................................................................
3,6
3.1.1
Planning Area 1 ............................................................................................... ........
37
3.1.2
Planning Area 2 ....................................... ................................................... ............
38
3.1.3
Planning Area 3 ................. ....... ............ ................................................. . ..............
39
3.1-4
Planning Area 4 ........................................................................................................
40
3.1.5
Planning Area 5 .......................................................... .............................................
42
3.1,6
Planning Area 6 ..................... . .................................................................................
4,;
3.1.7
Planning Area 7 ... ................................. — ................................................ . ..............
45
3.1.8
Planning Area ...................................................................................................
45
3.2 DEVELOPMENT REVIEW PERMITS AND PROCESS ............ ................. ...............................
46
3.3 SPECIFIC PLAN AMENDMEWS .............................................. — ...............................................
49
3.3.1
SPECIFIC PLAN AMENDMENT PROCEDURES ........... ......................... -- ......
49
3.3.2
SPECIFIC PLAN ENFORCEMENT ...................................... ................................
49
4 GENERAL PLAN CONSISTENCY ......................................... . .. . ................................................... I ......... 51
4.1
LAND USE ELEMENT .............................................................................. ............ ...............
51
4.2
TRAFFIC AND CIRCULATION ELEMENT .......................................................................
51
4.3
OPEN SPACE ELEMENT .......................... ........... ................................................................
53
4.4
PARKS AND RECREATION ELEMENT ...... ............... .......................... .......... ................
53
4.5
NATURAL RESOURCES ELEMENT ...................................................................................
53
4.6
INFRASTRUCTURE AND PUBLIC SERVlCES ELEMENT ... ......................... . ............. -54
4.7
ENVIRONMENTAL HAZARDS ELEMENT ............................... ........ ................ .............
55
4.8
CULTURAL RESOURCES ELEMENT ..................................................................................
56
July 18,2006 SilverRock Resort Specific Plan ii
EXHIBIT LIST
Exhibit1
Regional Map.. � ....................................... _._ ........ .................................. ......... . ...... .......................... 4
Exhibit2
Specific Plan Area ................................... __ ....................................................................................
___6
Exhibit 3
Aerial Photograph of Specific Plan Area .......................................................................
.................... 8
Exhibit 4
Planning Area Diagram ......................................................................................................................
13
Exhibit 5
General Plan Designations for Specific Plan Area
....... — ............. ___ ........................................... 15
Exhibit 6
Zoning Designations for Specific Plan Area .................................
__ ......................................... _ ... 17
Exhibit 7
Illustrative Master Plan for Specific Plan Area ......................................
........................................ 19
Exhibit 8
Circulation within the Specific Plan Area.... .................
... . ........................ .................................... 27
Exhibit 9
Conceptual Plans for Specific Plan Area Entries.....
. .................................. ................................... 28
Exhibit 10
Wet Utilities within the Specific Plan Area ......................................................................................
33
Exhibit 11
Dry Utilities within the Specific Plan Area...... --- .........
......... ....... — .................... . 34
LIST OF TABLES
Table 1
Planning Area 1 - Land Use ................................................................ - ...........................................
20
Table 2
Planning Area 2 - Land Use ....................................... ................................. .............................. _21
Table 3
Plaming Area 3 - Land Use ............................. ....................... ..................... ............................
22
Table 4
Planning Area 4 - Land Use ........... ..................................................................................................
23
Table 5
Planning Area 5 - Land Use ..............................................................................................................
24.
Table 6
Planning Area 6 - Land Use ................................................................................................. . ...........
25
Table 7
Planning Area 7 - Land Use ........................................ ........... ....... ....... ............ __....._25
Table 8
Planning Area 8 -Land Use ........... .. . ............. ................................................................................
25
Table 9
Golf Course Ancillary Building Development Standards .............................................................
38
Table 10
Civic and Cultural Arts Facilities Building Development Standard .. ..........................................
39
Table 11
Boutique Hotel Building Development Standards .........................................................................
40
Table 12
Resort Hotel and Casitas Building Development Standards ................ .......... ................ .......
42
Table 13
Mixed -Use Resort Retail Village Building Development Standards. ........................................ _43
Table 14
Traditional Hotel and Resort Casitas Building Development Standards .................... ...............
44
Table 15
SilverRock Resort Parking Program .................................................................................................
48
July 18, 2006 SilverRock Resort Specific Plan iii
1 Introduction
1.1 EXECUTIVE SUMMARY
The SilverRock Resort Specific Plan is organized in four sections, as described below:
Section 1, Introduction: This section provides an overview of the document, project setting and history,
the legislative authority for the Specific Plan, and the method of compliance with the California
Environmental Quality Act (CEQA).
Section 2, Plans, Programs and Guidelines: This section provides the organization and framework of
the Land Use Plan and related plan exhibits. This section of the Specific Plan establishes the land use
policy for the SilverRock Resort Specific Plan Area and provides the guidelines for development within
each of the Planning Areas established by this Specific Plan.
Section 3, Zoning and Development Regulations: This section establishes the zoning applicable to land
within the SilverRock Resort Specific Plan Area. Development regulations are presented for each zoning
designation defined in this Specific Plan.
Section 4, General Plan Consistency- This section uses the key land use issues statement of each element
of the City of La Quinta General Plan as the basis for evaluation the consistency of the SilverRock Resort
Specific Plan with the City of La Quinta. General Plan.
July 18, 2006 SilverRock Resort Specific Plan 1, 1
1.2 PURPOSE AND INTENT
This Specific Plan is intended to guide future development and use of land within the SilverRock Specific
Plan Area. This document establishes development plans, guidelines, and regulations for the Specific
Plan Area. The Specific Plan is intended to ensure quality development consistent with the goals,
objectives, and policies of the City of La Quinta General Plan.
While this Specific Plan defines the location, type and amount of development allowed within the
Specific Plan Area, consistent with the. requirements for Specific Plans identified in State Planning and
Land Use Law, it is intended to provide a degree of flexibility to al -low future development to respond to
the opportunities in the marketplace for the unique resort development allowed by this Specific Plan
during the time period anticipated for the area to fully develop.
44 ,
July 18,2006 SilverRock Resort Specific Plan
1.3 REGIONAL SETTING
The SilverRock Resort Specific Plan Area is located approximately 105 miles from the City of Los Angeles
and the Pacific Coast and approximately 240 miles from the Phoenix/Scottsdale metropolitan region as
shown on Exhibit 1. The Specific Plan Area is located on the gently sloping floor of the Coachella Valley
in the general vicinity of Palm Springs and is located wiffLin the corporate limits of the City of La Quinta
in Riverside County.
The City of La Quinta, a 35.05-square-mile municipality located in the southeastern portion of the
Coachella Valley, was incorporated in 1982. The City is bounded on the west by mountainous land and
the City of Indian Wells; on the east, by the City of Indio and unincorporated Riverside County; on the
north by Riverside County; and federal and County lands to the south.
July 18, 2006 SilverRock Resort Specific Plan
San Bernardino County
m � is -
Riverside Couniv
joshim Ykee
National
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Mumunem
Silve,rRock
Specific
Plan Area
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National
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5.0 7-5 0
APPROXIMATE'SCALE IN MILES
Exhibit 1 — Regional Map 835-001-06106
July 18, 2006 SilverRock Resort Specific Plan do 4
1.4 LOCAL SETTING
The SilverRock Resort is accessible from Interstate 10 by way of Jefferson Street. As shown in Eidhibit 2,
the Specific Plan Area is generally bordered by Avenue 52 on the north, Avenue 54 on the south, Jefferson
Street on the East, and the Santa Rosa Mountains on the west. The Specific Plan Area is bisected by the
Coachella Canal, which flows west from Jefferson Street and then turns south within the project site.
Surrounding uses include The Citrus residential and golf course community to the north of Avenue 52,
The Hideaway residential and golf course corrununity to the east of Jefferson Street, and the PGA West
residential and golf course community to the south of Avenue 54.
July 18, 2006 SilverRock Resort Specific Plan 4 r,
Country Club Dr.
Serr-ruda Dunes
Airport 10
City of
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Ind.. 11
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City of
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Avenue 52
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SilverRock ofty 01
Specific
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Exhibit 2 — Specific Plan Area
M
Avenue 50
Avenue 54
Airport Blvd.
836-001-DWO6
July 18, 2006 SilverRock Resort Specific Plan - 6
1,5 PLANNING BACKGROUND AND PROJECT HISTORY
The SilverRock Specific Plan Area has been planned for development with golf course, hotel, and
commercial and related uses for over 20 years. The SilverRock Resort Specific Plan Area was originally
part of the larger Oak Tree West Specific Plan, adopted in 1985. The Oak Tree West Specific I -Ilan Area,
which also included the area located north of Avenue 52 now developed as 'The Citrus' conununity,
allowed the development of hotel, residential, commercial uses and 45 holes of golf within this larger
Specific Plan Area. This Specific Plan will replace the Oak Tree West Specific Plan for the subject
property only. The Oak Tree Specific Plan will reinain in effect for all other properties within its
boundaries.
In 1998, a resort development project was proposed for the property that makes up the SilverRock Resort
Specific Plan Area. This project, called The Ranch, included two 18-hole golf courses along with hotel,
commercial and residential uses. The applicant for that project did not pursue its approvaL
In March 2002, the City adopted an update of the City of La Quinta Comprehensive General Plan. The
General Plan designated the majority of the SilverRock Resort Specific Plan Area for Golf Course and
Tourist Commercial uses, with the remaining portion designated as Open Space. The Golf Course land
use designation allows both public and private golf courses with their associated ancillary uses, while the
Tourist Commercial designation allows resort hotels, multi -family resort residential casitas, recreational
uses, conference centers and ancillary ret-,ul shops.
In May 2002, the City of La Quinta Redevelopment Agency acquired the property included in the
SilverRock Resort Specific Plan Area to achieve several objectives, including:
8 Implement the City's General Plan;
0 Provide public recreation opportunities by developing two public goff courses on the site; and
Facilitate the development of resort and commercial uses that will generate recurring sources of
revenues for the City in the form of transient occupancy taxes, sales taxes, and property taxes.
The City began construction of the SilverRock Resort Arnold Palmer Classic Golf Course in 2004 and the
course opened to the public in spring 2005. This 18-hole public golf course, 7,753 yards in length,
occupies approximately 200 acres of the Specific Plan Area, as shown on the current aerial photograph of
the Specific Plan Area presented in Exhibit 3. Access to the Arnold Palmer Classic Golf Course is
provided by SilverRock Way, which currently extends from Avenue 52 south into the Specific Plan Area.
July 18, 2006
SilverRock Resort Specific Plan
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66-j 2
Local
Road
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1000 500 0 1000
APPROXIMATE SCALE IN FEET
Exhibit 3 —Aerial Photograph of Specific Plan Area
July 18, 2006 SilverRock Resort Specific Plan 8
1.6 ENABLING LEGISLATION
The authority to prepare, adopt, and implement the SilverRock Resort Specific Plan is granted to
the City of La Quinta by the California Government Code (Title 7, Division 1, Chapter 3, Article 8,
Sections 65450 through 65457).
As with General Plans, the Planning Commission must hold a public hearing before it can
recommend to the City Council, the adoption of a specific plan or an amendment thereto. TI-le
City Council of La Quinta, after holding a public hearing, may adopt a Specific Plan and/or an
wnendment to the Specif ic Plan by either ordinance or resolution.
The SilverRock Resort Specific Plan is a regulatory document that, once adopted, will serve as the
Specific Plan and Development Code for the SilverRock Resort Specific Plan Area, Once the
SilverRock Plan is in effect, all future development within the Specific Plan Area must be
consistent with the Specific Plan.
1.6.1 Required Findings
According to the La Quinta Zoning Code, Chapter 9.240.0101, the City Council must make three specific
findings in order to approve the project. Each finding is Fisted below, followed by a discussion of how
each is satisfied by this project. The project's success in meeting the required findirtgs is supported by the
facts presented throughout the Specific Plan document.
L Consistency with the General Plan. The plan or amendment is consistent with the goals, objectives,
and policies of the general plan.
The SilverRock Resort Specffic Plan is a resort and golf course development which is consistent
with the General Plan Land Use designations for the parcels included within the Specific Plan
Area, All uses approved for proposed development within the Specific Plan are consistent with
the existing General Plan Land Use designations. These uses include:
G.- Golf Course Open Space
TC: Tourist Commercial
W: Water Course/Flood Control.
2. Public Welfare. Approval of the plan or amendment will not create conditions materially detrimental
to the public health, safety, and general welfare.
The master concept plan for this Specific Plan is consistent with City development standards,
which are established to protect public health and safety.
In accordance with the General Plan, a golf resort -oriented development is consistent with the
0
"G" and "TC" Land Use designations that currently exist for the Specific Plan Area.
3. Land Use Compatibility. The specific plan is compatible with zoning on adjacent properties.
The su rround ing parcels include a wide variety of uses that include preserved natural open space
in the Santa Rosa Mountains, single-family residential units, and other golf and recreational uses.
The allowed uses in this Specific Plan do not present any issues related to incompatibility with
existing adjacent uses to the Specific Plan Area.
July 18, 2006 Si1verRock Resort Specific Plan
1.7 CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
The City of La Quinta Redevelopment Agency acquired the property that makes up the SilverRock Resort
Specific Plan Area in 2002. The Redevelopment Agency prepared an Initial Study in 2002 to evaluate the
potential impacts that could result from the acquisition and development of two publicly owned golf
courses and resort uses including the same types of uses allowed by this Specific Plan. On the basis of
this Initial Study for The Ranch Project, the Redevelopment Agency adopted a Mitigated Negative
Declaration (NIND) for the acquisition and development of the site in May 2002.
The City has prepared an Addendum to the MND prepared for The Ranch project that was previously
proposed for the Specific Plan Area, to assess potential environmental impacts of this SilverRock Resort
Specific Plan. The Final MND of The Ranch project was completed and approved in May 2002. As the
allowed uses in this Specific I -"Ian are not different than the uses proposed in The Ranch project, a
subsequent negative declaration was not necessary. The Ranch project called for similar public golf
courses and recreational resort uses as proposed in this Specific Plan. The Specific Plan Area is smaller in
size than The Ranch project, but the uses allowed within this Specific Plan are not substantially different
or than those included in The Ranch project description. The Addendum includes updated information
to reflect changes in the Specific Plan Area, including but not limited to the development of one of the
two allowed golf courses since the certification of the Final MND of The Ranch project. Also included in
the Addendum are descriptions and analysis based upon an approved Coachella Valley Water District
(CVWD) Water Supply Assessment and Water Supply Verification for the uses allowed in this Specific
Plan, as well as a Domestic Water and Sanitation System Installation and Irrigation Service Agreement
between the City of La Quinta and the CVWD for the Specific Plan Area. Improvements to the roadway
network, and service and utility infrastructure within and adjacent to the Specific Plan Area are also
incorporated into the Addendum. Finally, the Addendum also analyzes the Specific Plan based upon an
updated City of La Quinta General Plan, and conformance of the allowed intensity of uses contained in
this Specific Plan with the Traffic Analysis Zones included in the Circulation Element of the City of La
Quinta General Plan. The Addendurn to the Ranch MND has found that this SilverRock Resort Specific
Plan would not result in any new or substantially more significant environmental impacts, as assessed in
The Ranch MND.
The City Council, on July 18, 2006, reviewed and considered the Addendum to the MND and ordered the
filing of a Notice of Determination (NOD).
July 18, 2006 SilverRock Resort Specific Plan to
1.8 ENTITLEMENT PROCESS
Approval/certification of the following actions will be required to implement the proposed project:
Specific Plan: This Specific Plan is designed to provide guidance to the public, City staff, and
decision makers in realizing the objectives of the proposed project as defined above. This
document includes the land use and development standards, design guidelines, infrastructure
needs, and implementation strategies to fully implement the allowed uses in this SilverRock
Resort Specific Plan. The Specific Plan is adopted by the City of La Quinta City Council by
ordinance.
Site Development Permit: Issuance of a Site Development Permit and Sign Program shall be
required by the Planning Commission and shall include:
Approval of a Site Plan
Approval of Architectural Design
Approval of Landscape Design
Approval of Sign Program
Approval of Subdivision Maps.
Grading and Building Permits. Grading and building permits, as needed, shall be obtained from
the City, for each phase or building, as required by the City.
Disposition Development Agreement(s) and Development Agreement(s) regarding future
development in accordance with the Specific Plan -
July 18, 2006 SilverRock Resort Specific Plan .44 11
SECTION 2
PLANS, PROGRAMS
AND GUIDELINES
2 Plans, Programs and Guidelines
2.1 RESORT CONCEPT
This Specific F'Ian allows for the developinent of public golf courses, hotel resort facilities, and supporting
commercial use--,. The Specific Plan provides for the development of a second high -quality public golf
course with supporting facilities, a public park, a hotel with a conference. center, a resort hotel, a boutique
hotel, a mixed -use resort retail village, meeting facilities, and resort casitas.
2.1.1 Planning Area Definition
The Specific Plan Area defines eight distinct Planning Areas, each with corresponding development
criteria and development standards. The location and extent of each of these Planning Areas is shown in
Eixhibit4.
2.1.2 Planning Area Characteristics
Tl-te size and allowed uses in each Planning Area are identified below. More detailed development
criteria and design development guidelines for these Planning Areas are contained in Section 2.4, Master
Plan of Land Uses, in thisSpecific Plan.
Planning Area 1: Allowed uses in this Planning Area include two 18-hote golf courses and supporting
facilities, including a clubhouse, dxiving range, instructional facility, and a golf course maintenance
faedity. One 18-hole golf course currently exists in this Planning Area. Planning Area I includes
approximately 373 acres.
Planning Area 2: This Planning Area includes the existing Ahmanson House, which will be preserved
and maintained for use as a commercial, civic and/or cultural events facility. This Specific Plan allows
the use of this existing facility and the development of additional facilities which may include a
restaurant with up to 300 seats, up to 10,000 square feet of conference facilities, and/or up to 80 guest
units. Planning Area 2 includes approximately 4 acres.
Planning Area 3: The allowed use in this Planning Area is a boutique hotel containing a minimum of 188
units and maximum of 225 units that can be occupied separately with a in"murn of 200 keys, and a
maximum of 260 keys. Planning Area 3 includes approximately 13 acres.
Planning Area 4: Allowed uses in this Planning Area include a resort hotel and appurtenant resort casitas
containing a maximum of 405 units that can be occupied separately with a maximum of 520 keys.
Planning Area 4 includes approximately 30 acres.
Planning Area 5: Allowed uses in this Planning Area include a mixed -use resort retail village containing
up to a maximurn of 160,000 square feet. Planning Area 5 includes approximately 9 acres.
Planning Area 6. Allowed uses in this Planning Area include a hotel and resort casitas containing a
maximum of 450 units that can be occupied separately with a maximum of 500 keys. Planning Area 6
includes approximately 31 acres.
Planning Area 7. Planning Area 7 includes a total of approximately 35 acres to be used as public park.
Planning Area 8; Planning Area 8 includes a total of approximately 51 acres containing existing and
planned public facilities inciuding streets, the existing All American Canal and water well sites.
July 18, 2006 12
Avenue 52
AvenLie 54
Legend;
Planning Area 1: Public Golf Course
Planning Area 2: Civic and Cultural Events Facilities
PlannjngAr�?a 3: Bioulique Hotel
PlariningArea 4: Resort Hotel and Resort Cesitas
PlanningArea 5: Mixed -Use Resort Retail Village
Planning Area 6: Traditional Hotel and Resort Casitas
PlannngArea 7: Public Park
P[anningArea 8: Public Facilities
Exhibit 4 — Planning Area Diagram
600 300 0 600
APPROXIMATE SCALE IN FEET
835-001 - 06/0 6
July 18, 2006 13
2.2.1 General Plan Context
The SilverRock Resort Specific Plan implements the City of La Quinta General Plan by bringing detailed
policies and regulations together into a focused development plan for the Specific Plan Area. The
SitverRack Resort Specific Plan is a regulatory document which, when adopted by the City Council of La
Quinta, will govern all facets of project development including the distribution of land uses, location and
sizing of supporting infrastructure, as well as development standards and regulations for the Specific
Plan Area.
The location and alignment of the land uses and zones depicted in this Specific Plan are diagrammatic.
The precise layout of the second golf course, the hotels, the mixed -use village, and support facilities will
determine the actual alignment and adjacency of each land use category.
The SilverRock Resort Specific Plan is prepared as a link between the La Quinta General Plan and
subsequent development proposals for the individual Planning Areas defined in this Specific Plan. The
Land Use Element of the La Quinta General Plan establishes the City's policy relative to the planned
future pattern, intensity, density, and relationships of land uses in the City. The purpose of the Land Use
Element within the City's General I'lan is to establish official City policy which:
Identifies the general types, locations and distribution of land uses desired in 1�a Quinta at
buildout;
Identifies standards for land uses relative to population and building density/intensity and the
character and compatibility of land uses; and
Identifies desired courses of action and strategies, which provide the means to implement the
community's land use policies.
The SilverRock Resort Specific Plan implements the City's General Plan by:
0 Specifying the land use,-. in the plan area;
0 Delineating standards for ]a-nd use compatibility with the City's goals and policies; and
* Providing the framework for development in an orderly manner.
2.2.2 Existing General Plan Designations
The existing General Plan Land Use Map clesignations, for the Specific Plan Area, illustrated on Exhibit 5
are:
G: Golf Course Open Space
TC: Tourist Commercial
W; Water Course/ Flood Contro I
July 18, 2006 14
W
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G
G
TC
TC
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AVENUE 50
AVENUE 52
- Y7
AVENUE54
Exhibit 5 — General Plan Designations for Specific Plan Area 835-001-W106
July 18, 2006 is
2.3 ZONING
2.3.1 Existing Zoning
The existing zoning for the project area is Mustrated in Exhibit 6 and includes:
GC - Golf Course
CT - Tourist Connnercial
FP - Floodplain
2.3.2 Proposed Zoning
The proposed zoning under the Specific Plan for the project area would not change. As a part of the
Specific Plan, land uses are designated within the existing General Plan Zones identified in Exhibit 6.
These land uses are consistent with the General Plan zone uses.
July 18, 2006 16
Exhibit 6 — Zoning Plan Designations for Specific Plan Area 835-001,06/06
July 18, 2006 17
2.4 THE MASTER PLAN OF LAND USE
The Master Plan for the SilverRock Resort Specific Plan Area provides for the development of a resort
environment including hotels, boutique hotels, spas, and other resort -rental and resort -oriented uses.
Exhibit 7 presents an illustrative master plan showing the major features of the resort.
A detailed discussion of the land uses allowed and planned for the SilverRock Resort Specific Plan and
the development intensity is presented for each of the seven planning areas. The Land Use tables
illustrate a complete tabulation of land uses, zoning, acreage, and densities within each planning area.
Table 6 represents a comprehensive tabulation of land use, zoning, acreage, units, and density for the
SdverRock Resort Specific Plan area in total.
2.4.1 Land Use By Planning Area
A range of land use categories is provided for within the SilverRock Resort Specific Plan Area. These
include Golf Course and Tourist Commercial uses. Eight individual Planning Areas are defined in order
to address each unique development environment within the Specific Plan Area.
The description of the land uses allowed within each Planning Area below consists of a narrative and
supporting graphics to delineate the uses allowed within each Planning Area.
Development standards for each Planning Area are presented in Section 3, Zoning and Development
Regulations.
July '18, 2006 18
4t
600 300 0 600
0
APPROXIMATE SCALE IN FEET
Exhibit 7 — Illustrative Master Plan for Specific Plan Area
$35-001-06/06
July 18,2006 19
Planninia Area 1
Planning Area 1 includes approximately 374 acres planned to accommodate two 18-hole public golf
courses and related golf and support facilities.
This Planning Area includes the existing Arnold PaLmer Classic Golf Course, which occupies
approximately 179 acres on the western edge of the Specific Plan Area and the existing driving range,
which occupies approximately 13 acres of tl-ds Planning Area.
Approximately 163 acres are provided for the development of a second 18-hole public golf course. A
public hiking trail may be provided along the base of the Coral Mountains.
TABLE 1
PLANNING AREA I — LAND USE
SilverRock Resort Specific Plan Golf Course Area
Golf Course/Open
GC
�41
-
Space
GC Clubhouse
GC
7
Pro Shop: 2,250 sq. ft
Dining Room: 3,000 sq. ft.
Bar/Grill: 1,500 sq. ft.
Banquet Space- 3,500 sq. ft,
Kitchen. 2,500 sq. ft.
Day Locker Rooms. 1,500 sq. ft.
Adirdnistrative Office: 750 sq. ft,
Lobby/Circulation /Storage /Common
Space, 4,000 sq. ft,
TOTAL: 20,000 sq. ft-
CC Driving Range
GC
0
-
GC Golf Training/
GC
9
Practice/Instruction
Facility
GC. Golf Course
GC
3
Maintenance Facility
TOTAL
373
20,000 sq. ft. (Clubhouse Only)'
Final clubhouse space allocations subject to adjustment during site development permit processi. All space
references are approximate.
July 18,2006 20
Planninia Area 2
Planning Area 2 consists of approximately 4 acres containing the existing Ahmanson Horne, situated in
the rocky outcroppings, a former working -ranch hacienda, which has been renovated for use as the
temporary clubhouse for the Arnold Palmer Classic Golf Course.
After the new clubhouse is developed, the Ahmanson Home and additional facilities may be developed
in this Planning Area with the allowed uses including a restaurant with up to 300 seats, up to 10,000
square feet of conference facilities, and/or up to 80 hotel units.
TABLE2
PLANNING AREA 2 - LAND USE
SilverRock Specific Plan Civic and Cultural Events Area
GC Civic/Cultural Use Area GC 4 Existing
Historic Landmark:
Ahmanson House
Proposed Uses
Restaurant: up to 300 seats
Conference Facilities: Lip to
10,000 sq. ft.
Hotel: up to 80 units
Destination Spa
Outdoor Activities
TOTAL 4
Planning Area 3
Planning Area 3 consists of approximately 13 acres planned for an intimate, boutique (investor owned)
hotel with a high level of service and a unique architectural theme. Boutique hotels differentiate
themselves from larger chain or branded hotels by providing an exceptional and personalized level of
accommodation, services, and facilities, Facilities would be designed for short-term stay and would
include a management prograin to encourage use of hotel rental pool; with a fee paid for unit owner use.
The units and resort casitas allowed in this Planning Area may be sold as conclorniniurn-hotel units, wi=11
full access to resort amenities and services.
When not in use by the owners, all units shall be offered for rental as part of the resort. Such rentals may
be offered by the unit owner, a third party rental agent or an agent affiliated with the resort operator. All
use of the units, including by the owners, shall be ffirough the resort front desk check -in and check-out
procedure, using electronic keys controlled by the resort operator- The resort operator shall have the
ability to book all unbooked units as demand dictates within 2 weeks of the date being requested, and
may charge a booking fee for such booking. The individually sold units may include, but are not limited
to, such types of ownership as residence club, condominiu-ni-hotel, or timeshare -designed unit-,.
July 18, 2006 21
The hotel developed in this Planning Area is required to meet the operational standards and include the
specific features identified below,
Quality - 4-star quality level or higher providing a luxury hotel experience with expanded
amenities in a distinctive highly finished environment. Public spaces including restrooms,
restaurants and meeting spaces are furnished with upgraded materials such as granite, marble,
specialty fighting, and custom millwork. Distinctive and authentic architectural details such as
clay tile, iron gates, fountains, and pavers are included throughout. Lobby areas feature elegant
live plants and floral displays.
• Services - Service must be provided at a 4-stax level or higher. Services must include, but are not
limited to, on -site sales efforts that solicit and/or serve group meetings, turndown service, room
service, laundry service, personalized wake up calls, concierge and bell services, secure luggage
storage facilities, and covered valet parking,
• Amenities - Amenities must include at least one signature dining restaurant with minimum
seating for 80 indoor and 40 outdoor, a well appointed lounge/bar with minimum seating for 40,
guest registration lobby of at least 1,500 square feet, a first-class spa and fitness facility of at least
8,000 square feet (sO at least one fully amenitized pool offering food service and cabanas, and at
least 10,000 sf of interior meeting space. A highly upgraded Presidential Suite to be included of
at least 2,500 sf. Landscaping must include distinctive entry water features, use of fountains
throughout, and substantial landscaping material. Hardscape materials to include tumbled
pavers and tile in courtyard areas. At least 50 percent of required parking must be provided in
covered or trellised parking areas. At least 150 parking spaces shall be in the parking structure.
• Guest Units - Guest units are to be finished with upgraded materials such as stone, wood, and
tile flooring, upgraded carpet and pad, granite or tile counters, tile andlor marble baths,
decorative wood beam ceilings where applicable, flat screen televisions, LodgeNet or equal
services, 2 telephones, kitchenette with top -of -the -tine or equal appliances, custom fireplaces in
some units, luxurious bedding, and top-quality furnishings, uniformity of units/furnishings.
TABLE3
PLANNING AREA 3 — LAND USE
SilverRock Specific Plan Boutique Hotel Planning Area
TC - Boutique Hotel 'l*C 13 225 Units/260 Keys
TOTAL 13 225 Units/260 Keys
Planning Area 4
Planning Area 4 consists of approximately 30 acres planned for development of a resort hotel, including
appurtenant units in casitas-style buildings adjacent to the hotel.
The resort hotel in this Planning Area is intended to offer a destination for vacation travelers and those
planning retreats and meetings, rather than simply being a place to stay while in the area. Resort hotels
offer unique features, themes and amenities for vacation travelers over and above those provided by
other lodgings. The amenities, surroundings, and services provided in resorts are specifically designed to
create a single source location for guests to enjoy their stay.
July 18, 2006 22
The resort casitas aDowed in this Planning Area are intended to be an investor owner condominium -hotel
unit, with full access to all resort amertities and services and one or more rental opportunities. The
allowed type of units may include, but are not limited to residence club, condominium -hotel, or
timeshare -designed -units. A resort pool area(s) shall be provided for resort casitas. No individually
owned casitas unit pools are permitted.
The units and resort casitas allowed in this Planning Area may be sold as condominium -hotel units, with
full access to all resort amenities and services. No fewer than 90 of the total units at the hotel shall be
owned by the owners of the resort. When not in use by the owners, the units shall be offered for rental as
a part of the resort. Such rental may be offered by the unit owner, a third party rental agent or an agent
affiliated with the resort operator. All use of the units, including by owners, shall be through the resort
front desk check -in and check-out procedure, using electronic keys controlled by the resort operator. The
resort operator shall have the ability to book all unbooked units as demand dictates within 2 weeks of the
date being requested, and Tnay charge a booking fee for such bookings. The individually sold ullits may
include, but are not limited to, such types of ownership as residence club, condominium -hotel, or
timeshare -designed units.
When not in use by the owners, all units shall be offered for rental as part of the resort. Such rentals may
be offered by the unit owner, a third party rental agent or an agent affiliated with the resort operator. All
use of the units, including by the owners, shall be through the resort front desk check -in and check-out
procedure, using electronic keys controlled by the resort operator. The resort operator shall have the
ability to book all unbooked units as demand dictates within 2 weeks of the date being requested, and
may charge a booking fee for such booking. The individually sold units may include, but are not limited
to, such types of ownership as rcsidence club, candominiurn-hotel, Or timeshare -designed units.
The hotel and/or casitas units developed in this Planning Area are required to meet the operational
standards and include the specific features identified below:
Quality - 4-star quality level or higher providing a luxury experience with expanded resort
amenities in a distinctive, usually therned highly finished environment. Public spaces including
restrooms, restaurants and meeting spaces are fumished with upgraded materials such as granite,
marble, specialty lighting, and custom millwork. Distinctive wid authentic architectural details
consistent with the resort theme are included throughout. Lobby areas are expansive and feature
elegant live plants, floral displays, and outstanding views.
Services - Service must be provided at a 4-star level or higher. Services must include, but are not
lin-dted to, on -site sales efforts that solicit and/or serve group meetings, turndown service, room
service, laundry service, personalized wake up calls, pool services, activities center, kids clubs,
excursions, concierge and bell services, secure luggage storage facilities, and cove -red valet parking.
Amenities - Amenities must include at least one signature diriing restaurant with minimum
seating for 80 indoor and 30 outdoor, a well appointed lounge/ bar with seating for a minimum of
40, a three -meal dining option seating at least 100 indoor and 60 outdoor, guest registration lobby
of at least 3,500 sf, a first-class spa and fitness facility of at least 12,000 sf, a kids club and teen center
of at least 2,500 sf, at least two fully amenitized resort pool offering food service, cabanas and swim
areas for children, one adult pool, and at least 20,000 sf of interior meeting space. Landscaping
must include distinctive entry features, use of therned elements, and mature landscaping material.
At least 30 percent of the parking shall be in structured or trellised areas.
Guest Units and Casitas - Guest units and casitas are to be finished with upgraded materials such
as stone, wood, and tile flooring, upgraded carpet and pad, gn-mite or tile counters, tile Evid/or
marble baths, decorative wood beam ceilings where applicable, flit screen televisions, LodgeNet or
equal services, 2 telephones, kitchenette with top -of -the -line appliances, custom fireplaces in some
units, luxurious bedding, and top quafity furnishings.
Multi -Use Conference -Theater Building - Up to 1 acre of land in Planning Area 4, adjacent to
Planning Area 5, may be developed with a multi -use conference -theater building. The building
shall be convertible for use for movies, live theater, and conferences,
July 18, 2006 23
TABLE4
PLANNING AREA 4 - LAND USE
SilverRock Specific Plan Resort Hotel Planning Area
TC - Resort Hotel & Casitas TC
30 405 Units/520 Keys
TOTAL 30 405 UniW520 Keys
and Multi -Use Building
Planning Area 5
Planning Area 5 consists of approximately 9 acres planned for development of a mixed -use Resort Retail
Village. This specialty retail development is intended to provide a variety of additional retail, restaurant,
and entertainment options to hotel guests and members of the local com-munq. This mixed -use village
may also include resort -oriented office, live -work loft units, and multi -family residential units.
The Resort Retail Village developed in this Planning Area is required to meet the operational standards
and include Lhespecific features identified below:
• Quatity, Design and Parking - The Resort Retail Village design shall be complimentary to the
resort hotel and casitas in terms of both quality and aesthetics. Pedestrian access shall be
designed to encourage a seamless flow between resort accommodations, and resort retail village.
• Tenant Mix - Mowed tenants include, but are not Wnited to, themed or signature national
presence restaurants, local and national retailers, banks, general store, brokerage, art galleries,
gourmet market and resort -oriented offices. Other uses may be approved in writing by the
Director of Community Development.
TABLE5
PLANNING AREA 5 - LAND USE
SilverRock Specific Plan Resort Retail Village Planning Area
TC - Resort Retail Village TC 9 160,000 sq. ft.
TOTAL 9 160,000 sq. ft.
Planning Area 6
Planning Area 6 consist-, of approximately 31 acres planned for development of a hotel, including
appurtenant resort casitas.
The hotel in this Planning Area is intended to be a resort or boutique hotel.
July 18, 2006 24
Individually owned condominiurn-hotel units shall have full access to all resort amenities and services
and one or more rental opportunities. When not in use by the owners, the units shall be offered for rental
as part of the resort. Such rental may be offered by unit owner, a third -party rental agent, or an agent
affiliated with the resort operator. All use of the units, including by the owners, shall be through the
resort front desk check -in and check-out procedures, using electronic keys controlled by the resort
operator. The resort operator shall have the ability to book all unbooked units, as demand dictates,
within two weeks of the date being requested and may charge a booking fee for such bookings. The
individually sold units may include, but are not limited to, such types of ownership as residence club,
condominium -hotel, or timeshare -designed units. The hotel and/or casitas. developed in this Planning
Area are required to meet the operational standards and include the specific features identified below-,
• Quality - 4-star quality level or higher providing a luxury experience with expanded resort
amenities in a distinctive, usually themed highly finished environment. Public spaces including
restrooms, restaurants and meeting spaces are furnished with upgraded materials such as
granite, marble, specialty lighting, and custom millwork. Distinctive and authentic architectural
details consistent with the resort theme are included throughout. Lobby areas are expansive and
feature elegant live plants, floral displays, and outstanding views.
• Services - Service must be provided at a 4-star level or higher. Services must include, but are not
limited to, on -site sales efforts that solicit and/or serve group meetings, turndown service, room
service, laundry service, personalized wake up calls, pool services, activities centM kids clubs,
excursions, concierge and bell services, secure luggage storage facilities, and covered valet
parking,
• Amenities - Amenities must include at least one signature dining restaurant, a well appointed
lounge/bar, a three -meal dining option, guest registration lobby, at least two fully amenitized
resort pools offering food service, cabanas and swim areas for children. At least 50 percent of
required parking must be provided in covered or trellised parking areas.
• Guest Units and Casitas - Guest units and casitas, are finished with upgraded materials such as
stone, wood, and tile flooring, upgraded carpet and pad, granite or tile counters, tile and/or
marble baths, decorative wood beam ceilings where applicable, flat screen televisions, LodgeNct
or equal services, 2 telephones, kitchenette with quality appliances, elegant bedding, and quality
fumishings.TABLE 6
PLANNING AREA 6 - LAND USE
SilverRock Specific Plan Hotel and Casitas Planning Area
TC - Hotel & Casitas T(-,' 31 450 Units/500 Keys
TOTAL 31 450 Units/500 Keys
Planning Arga 7
Planning Area 7 consists of approximately 35 acres located at the northeast comer of the Specific Plan
Area planned as a community park, Special events such as public parking, automobile di5plays, art
festivals, corporate events in conjunction with on -site hotels, and other similar activities are permitted,
subject to a temporary use permit.
TABLE7
July 18, 2LI06 25
PLANNING AREA 7 — LAND USE
SilverRock Specific Plan Public Park Planning Area
GC Park cc 3-5
TOTAL 35
Planning Area 8
Planning Area 8 consists of approximately 51 acres planned to contain existing and planned public
facilities including streets, two water well sites, and the existing All American Canal.
TABLE8
PLANNING AREA 8 — LAND USE
SilverRock Specific Plan Public Facility Planning Area
PF
Water Well Sites
PF
2
W
All American Canal
W
19
PF
Streets/ Landscaping
PF
30
TOTAL 51
All acreage figures are approArnate and subject to modification during review of subdivision rnaps and/or site
development permits.
JLdy 18,2006 26
2.5 CIRCULATION PLAN
2.5.1 Internal Circulation System
The circulation system for the SilverRock Specific Plan Area Plan consists of two streets:
SilverRock Way — north -south access road extending from Avenue 52 to Avenue 54 with a minimum 61'
of ROW containing two 10' parkways and 41' of paved travel area accommodating two-way traffic. The
northern portion of SilverRock Way extending from Avenue 52 to Planning Area 2 has been constructed
to provide access to the Ahmanson Home, which is being used as the clubhouse for the Arnold Palmer
Classic Golf Course. Additionally, golf cart lanes and pedestrian walkways will be incorporated, on or
adjacent to existing roadways, for improved circulation and safety.
Jefferson Access Road — east west access road conriecting SilverRock Way to Jefferson Street. 74 feet of
ROW with 12'parkways, and a two way divided roadway with a 10-foot median and 20 feet of paved
travel area in each direction. See Exhibit 8 for a description of the proposed circulation system within the
Specific Plan Area. Additionally, golf cart lanes and pedestrian walkways will be incorporated, on or
adjacent to existing roadways, for improved circulation and safety.
Other local roadways and driveways will be provided. Modifications of street sectiom may be
considered and approved during review of site development permits.
2.5.2 Project Entry Conceptual Designs
The center of the SilverRock development is provided public access to the golf amenities by way of
Jefferson Street and Avenue 52 from the north. The privacy and serenity of the SilverRock recreational
and commercial developments is a signature of the development that is enhanced by way of a series of
private, gated -residential enclaves accessed from the north, east, and west of the project area. It is
envisioned that manned or unmanned project area entry points will provide secured access to all golf and
resort development within the plan area. These entry point locations (and potential entry points) are
illustrated in Exhibit 9.
2.5.3 Multi -Use Trail
Multi -use trails are planned for the perimeter of and within the Specific Plan Area that will accommodate
both non -motorized and golf cart use. The perimeter trail will run along the south side of Avenue 52, the
west side of Jefferson Street, and a short distance of the north side of Avenue 54. The rnulti-use trail will
also run adjacent to SilverRock Way and may include the Jefferson Street entry access road as well.
The multi -use, pedestrian, bicycle, and golf cart trails will be a key design feature of the resort
encouraging public access to the clubhouse, signature hotel, and resort commercial areas. In addition, the
trail design will also include interpretation features that provide cultural, geological, and biological
historical information of the area. A detailed analysis of the final interior trail design shall be conducted
and incorporated into the project development plans.
2.5.4 Accessibility
All on -site Planning Areas shall be accessible for pedestrians, bikes, and golf carts. Planning Areas 4, 5,
and 6 shall have a walkway adjacent to the lake, which shall include interconnected upgraded benches,
viewing areas, and other amenities. Golf cart access to and from the Village of La Quinta will be
provided to aflow the use of golf carts for on- and off -site trips. All development area roadways shall be
open for public use and shall not be gated.
July 18, 2006 27
CZHk—M--1, %Al— =—f—
SECTION A -A
tLNOT TO SCALE
Avenue 54
SECTION C-C
Jefferson
Street Entry
SECTION B-B
Note:
Mwnaftva FoAdway seem rts may
be required to accommodate voh(cfels.
golf c aria. bicycles a nd pedestria n a,
Exhibit 8 — Circulation within the Specific Plan Area
835-001-06/06
July 18, 2006 28
Ij
SilverRock Way
Entry
tLNOT TO SCALE
Exhibit 9 — Conceptual Plans for Specific Plan Area Entries 835-001-05106
July 18,2006 29
2.6 CONSERVATION, OPEN SPACE, AND RECREATION PLAN
The SilverRock Specific Plan Conservation, Open Space, and Recreation Plan identifies and establishes
the policies relative to the identification and management of natural resources, open space and recreation
amenities within the Specdic Plan Area. The purpose of the Conservation, Open Space, and Recreation
Plan is to establish development policies and philosophy which identify areas in the SilverRock Specific
Plan Area with natural resources which shall be managed to prevent waste, destruction, or neglect.
Additionally, the plan identifies policies related to permissible uses and development standards within
Conservation, Open Space, and Recreation areas, as well as programs to ensure Lhe conservation of
resources and identify desired courses of action/ strategies which provide the means to implement the
community's conservation policies.
2.6.1 Conservation
The SilverRock Specific Plan project area has been developed with the goal of balancing the conservation
and management of natural resources with the implementation of a high quality recreation based
community. Policies and programs for the conservation, management, and use of natural resources
include:
• Prevention of soil erosion using the appropriate design criteria and careful placement of
landscaping.
• Maintenance, protection, and replenishment of ground water by using the golf course areas as
drainage areas to absorb local. runoff.
• Preservation of existing water resources by storing excess drainage water in the golf course lakes
for use in golf course irrigation.
• Elimination of groundwater contamination through the regional prohibition of septic tanks. and
support of a regional sewage treatinent plant.
• Protection and conservation of hillside ecosystems as well as retaining the City's natural
topographic features through careful limitation and selection of building sites.
• Water and energy conservation measures shall be implemented with the future development of
SilverRock Resort and shall include mitigation measures included in the Addendum to
Environmental Assessment 2002-453.
Topography
The development plan for SilverRock has used the characteristics and qualities of thenatural landforms
to guide the location of golf and recreation sites, roads, bLdlding sites, and open space areas. Golf Course
amenities, which serve as open space for SilverRock, are generally located in low lying areas of the site
while the higher elevations are generally reserved for club facilities, hotel, and tourist conunercial
building sites.
2.6.2 Open Space
The Open Space Concept
SilverRock is designed in recognition of the fact that as urban and suburban development takes place,
creation and open space becomes a lin-dted and valuable resource. In addition, it is recognized that
high -quality projects are designed and planned around an open space/recreation program. Two types of
open space /recreation uses are planned for SilverRock: golf courses and common open space areas.
July 18, 2006 '30
The majority of the project area is dedicated to open space in the form of two public championship IS -
hole golf courses, public park space, and common open space areas.
To further maximize the effect of open space, common open space areas are strategically located
throughout the project. These common open space areas will result when resort units are clustered or
higher density hotel and commercial uses are developed along golf course areas. Where appropriate to
the adjacent casitas development, common area pools will be provided. Higher hotel and casitas pads
make the best use, not only of the golf course frontage, but also of the prevailing breeze and spectacular
Coachella Valley mountain views.
2.6.3 Recreation
The SilverRock resort is planned as a resort community and, therefore, contains as a major element and
extensive passive and active recreation program of development. 5tandards for the development of
recreation improvements are:
• Promotion of a variety of recreation uses in context with the SilverRock lifestyle;
• Development of high quality, public championship -level golf facilities;
Permitted recreation facilities include:
* Championship Golf Courses and Club Facilities
* Driving Range
Golf Training Facility
Swimming Pools and Jacuzzis
Health Spas
Trail Systems
ProShops
Shopping Amenities
Ancillary Uses Complimentary to Resort Recreation Use
4P Corrunianity Park Facilities
a Walkways and Trawls
�00 a LEVI I MOW Its] 3 0
The infrastructure system, which serves the SilverRock project, is described below and is designed to
provide a coordinated system of infrastructure and public services to adequately serve the plan area and
at full buildout. The Infrastructure and Utilities Plan identifies standards for infrastructure and public
services relative to land use intensity for the plan area within the community's infrastructure and public
services policies. The infrastructure system planned to serve the SilverRock project is described below;
2.7.1 Water
Potable Water
The potable water system of the City is operated and administered by the Coachella Valley Water District
(CVWD), which extends service based upon approved designs and improvements constructed by the
private. developer. 'Me CVVVD assesses new developments a fee per connection to tap into the potable
water distribution system. CVWD operates from system wide master plan that provides the City with
potable water, which is pumped from an underground aquifer through wells located throughout the
City. Wells range from 325 to 1400, plus or minus, feet in depth. Potable water pumped to the surface is
July 18, 2006 31
stored in six reservoirs located within the City- These six reservoirs provide high quality water to each
pressure zone in the City. SilverRock is within a pressure zone supplied by one well with a capacity of 10
million gallons. The potable water distribution system transports water to hotel/casitas and commercial
users via an underground system with lines ranging in size from 4 to 36 inches.
Although the City is blessed with ground water, the CVWD is continuing to take preventative measures
to conserve this precious resource for its existing and future customers. These measures include the use
of a lush and water efficient plant material approval policy, implemented through a landscape review
committee and a water management specialist on CVVM staff entrusted to promote the mutual goals of
the agency and the policies of the developer.
The district will furnish domestic water and sanitation service to SilverRock Specific Plan area in
accordance with the current regulations of this district. These regulations provide for the payment of
certain fees and charges by the developer, RDA, or City and said fees and charges are subject to change.
Irrigation Water
The primary supply of water for golf course and greenbelt irrigation and lakes shall be provided by the
CVWD from the Coachella Canal.
2.7.2 Sanitary Sewage
The sanitary sewage collection and treatment system for the City is operated and administered by the
CVWD, which extends service based upon approved designs and improvement, constructed by the
private developer. The CVWD assesses new development per equivalent dwelling unit (FDU) to provide
comprehensive wastewater collection and treatment. The current capacity of the Mid -Valley Water
Reclamation Plant is 7.0 million gallons per day (MGD). This facility serves numerous Coachella Valley
communities including La Quinta. The CVWD has indicated that the sewage treatment plant is
scheduled for expansion of 9.9 MGD in the future to serve additional demand, including the dernand of
La Quinta encompassing the SilverRock plan area,
The sanitary sewer system shall be installed in accordance with District regulations. The area shalt be
annexed to Improvement District No. 55 and Improvement District No. 82 for sanitation service.
2.7.3 Storin Water Drainage
The. master grading and drainage concept of the development works within the character of the rolling
topography and landforms to provide an effective system of drainage and storm water management
while conserving and enhancing the open space feel of the SilverRock project. In general, runoff from the
developed areas at higher elevations will be directed to lower areas of the site where the fairways of the
golf course are. routed, maximizing the opportunity for the recharge of groundwater resources while
using the natural lay of the land to direct storm flows. Storm water runoff will be held onsite and stored
in the system of golf course takes and low points whose capacity is calculated to hold the necessary storm
generated volumes prior to discharge. Storm water drainage from perimeter streeLs shall be
accommodated onsite. Exhibit 10 illustrates the "wet" utilities infrastructure, existing and proposed, in
the project area.
2.7.4 Public Utilities
All overhead public utility transmission lines for cable television, electricity and telephone are routed
around the perimeter of SilverRock Specific Plan site and do not traverse the internal project area. All
permanent power and telecommunications distribution lines internal to the project are placed
underground. Exhibit 11 illustrated the "dry" utilities infrastructure, existing and proposed, in the
project area. All utilities shall be underground —no overhead utilities are permitted.
July 18, 2006 32
Electricity
Electrical power is provided to the site as well as surrounding development froin Imperial Irrigation
District (111)) substations in La Quinta,
Natural Gas
Southern California Gas Company provides service to the site from its service main along Highway 111
north of the property boundary.
Telephone
Land -based telephone services are provided by Verizon to the project area. Lines will be extended to the
site asneeded. Regionally, cellular service providers are in abundance.
2.7.3 Refuse Collection
Refuse collection within the City limits is provided by an entity contracted by the City of La Quinta for
this purpose. Refuse collection occurs in accordance with a schedule established by the contractor and
the City. It is envisioned that SilverRock resort areas of the plan will be served by extension of the
contract refuse collection services currently in place at SilverRock Prior to regularly scheduled pick-up
and removal, refuse will be contained in a maintained surface bin environment ensuring an excellent
quality of environnivnt.
2.7.6 Schools
School services for the specific plan area are facilitated by the Desert Sands Unified School District and
the Coachella Valley Unified School District.
2.7.7 Law Enforcement
Law enforcement services are, provided to Lhe City (and SilverRock) through a contract with the Riverside
County Sheriff's Department. The Sheriffs Department extends service to the City from existing facilities
located in the City of La Quinta and City of lndio. The existing agreement between the City and Sheriffs
Department provided protection on a 24-hour basis, seven days per week. The Department utilizes
patrol deputies, which provide five-minute response times to the SilverRock plan area. Additional
deputies, which comprise its target team, are also contracted by the City and work 40 hours each. The
Sheriffs Department utilizes a standard of 1.5 deputies/ 1,000 populatiOn to adequately serve the City.
July 18, 2006 33
Avenue 52
8'Sewer
12'WateF.
Legend:
Existing Water
M Proposed Water
M Proposed Water by Others
� Existing Sewer
M Proposed Sewer
14" Force Main
(To be Abandoned by
24' Sewer SilverRock
14" Sewer
I
EP Local IP
I Ro ad e
j�ced Main
2:''F( 7,MW
IN"
16,
Existing Pump Station (To be Abandoned in Phase 11)
Existing Back -Up Irfigation Pump Station
IPs Proposed Pressure Reducing/Booster Station
ell Prospective Well Site
Ew
Existing Well Sfte
18" Force Main
(To be Ab9ndoned by
Sihi6rRock
04
A
Z
2
U)
C
0
W
ef
18" Water
27'Sewer
40
�O
rV
CO
PS
12' ter
24"Waler ell
12' Sewer
12" Sewer
Avenue 54
600 300 0 600
tL APPROXIMATE SCALE IN FEET
Exhibit 10 —Wet Utilities
835-001-OW06
July 18,2006 34
Avenue 52
m W Proposed Dry UU14 Trench
� Existing Gas Avenue 54
600 300 0 600
tL APPROXIMATE SCALE IN FEET
Exhibit 11 — Dry Utilities 835-001-DWOO
July 18, 20,06 35
2.7.8 Fire Protection
Fire protection service is provided to the City by the Riverside County Fire Department. The Fire
Department administers three stations in the City. One facility (Station #32) on Avenue 52, west of
Washington Street, another facility (Station #93) on Adams Street, and another facility (Station #70) at the
intersection of Madison Street and Avenue 54 within the SilverRock project area. The Fire Department
also operates additional stations in surrounding conununities, which results in overlapping service areas.
The Department currently exhibits an Insurance Services Office (ISO) public protection class rating of
four, based on a descending scale from one to ten, with first -in -response times ranging form two to six
minutes. The ISO established its rating system based on the provision of manpower/ staffing,
communication facilities, water system for suppression, automatic sprinkler/alarm systems, response
times, and building standards.
Paramedic service is provided to the City by Springs Ambulance Service, which is located at Station #70
in La Quinta.
2.7.9 City Administration
City administration facilities in La Quinta currently include offices of approximately 31,000 square feet
for City departments (i.e., Mayor and City Council, City Manager, City Clerk, Finance Department,
Community Development Department, Public Works Department). These public resource outlets are
housed in the municipal complex at the southwest comer of Calle Tampico and Washington Street. The
complex provides space for all City administration staff and ancillary facilities. Given the current level of
developer -backed participation funding current 6-rowth within the City, this new facility provides
adequate space for City functions projected to suffice a growing population well into the future.
July 18, 2006 36
17�
PLANS, ?�'ROGRAMS
AND GUIDELINES
amp-
,, -4kr
3 Zoning and Development Regulations
3.1 SPECIFIC PLAN OVERLAY DISTRICTS
A. Purpose, To provide flexible regulations via the specific plan process allowing the use of land
planning and design techniques to create master -planned developments incorporating coordinated
building and landscape design, public recreation facilities, emphasizing a separation of pedestrian and
vehicular traffic.
The regulations presented herein are pursuant to Article 8 - Authority and Scope of Specific Plans of the
state Planning and Zoning Law of the Government Code, Section 65000 et seq. and are in compliance
with CEQA and amend Chapter 9 of the City of La Quinta Zoning Code.
B. Permitted Uses. The SilverRock Specific Plan specifies the permitted uses within the plan area
boundaries defined within Planning Area I through Planning Area 8. Uses are tailored to the individual
site location within the SilverRock Specific Plan Area, existing topography, and other characteristics, and
are consistent with the General Plan.
C. Zoning Designation. The SilverRock Specific Plan specifies overlay zoning adopted in conjunction
with approval of the Specific Plan document. The SilverRock Specific Plan is an integral part of the
zoning for the property within the plan boundary and becomes the official zoning for the City of La
Quinta. Property zoning shall consist of the base district symbol followed by the specific plan symbol in
parentheses; for example, TC (13H) for TOUFJSTCOMMERCIAL (BOUTIQUE HOTEQ�
Zoning and Development Regulation and Standards by Planning Area
Zoning and Development Regulation and Standards are presented for Plarming Areas I through
Planning Area 8 as delineated in the Planning Area Exhibit andare presented in the following order:
Planning Area I
PUBLIC GOLF COURSE RECREATION AREA GC - (GQ USES AND STANDARDS
Description of Uses in Planning Area 1
Zoning and Development Regulation and Standards in Planning Area I
Planning Area 2
CIVIC CULTURAL EVENTS FACILITY AND COMMERCIAL GC - (CC) USES AND
STANDARDS
Description of Uses in Planning Area 2
Zoning and Development Regulition and Standards in Planning Area 2
Planning Area 3
BOUTIQUE HOTEL TC - (131-1) USES AND STANDARDS
Description of Uses in Planning Area 3
Zoning and Development Regulation and Standards in Planning Area 3
Planning Area 4
RESORT HOTEL AND RESORT CASITAS TC - (RH) USES AND STANDARDS
Description of Uses in Planning Area 4
Zoning and Development Regulation and Standards in Planning Area 4
July 18, 2006 36
Planning Area 5
MIXED -USE RESORT RETAIL VILLAGE TC - (RV) USES AND STANDARDS
Description of Uses in Planning Area 5
Zoning and Development Regulation and Standards in Planning Area 5
Planning Axea 6
RESORT HOTEL AND RESORT CASITAS TC - (RH) USES ANDSTANDARDS
Description of Uses in Planning Area 6
Zoning and Development Regulation and Standards in Planning Area 6
Planning Area 7
PUBLIC PARK P - (P) USES AND STANDARDS
Description of Uses in Planning Area 7
Zoningand Development Regulation and Standards in Planning Area 7
Planning Area 8
PUBLIC FACILITIES P - (PF) USES AND STANDARDS
Description of Uses in Planning Area 8
Zoning and Development Regulation and Standards in Planning Area 8
3.1.1 Planning Area 1
PUBLIC GOLF COURSE RECREATION AREA - (GC) USES AND STANDARDS
Description of Uses in Planning Area 1
Plaru-dng Area I includes the SilverRock Public Golf Courses, and Clubhouse facilities as welt as ancillary
supporting facilities that define the character of the SilverRock Resort.
The Golf Course (GC) overlay for Planning Area I addresses land use within Planning Area I with the
development regulation and criteria presented below.
Golf Course Land Use in Planning Area 1
Golf Course land in Planning Area 1 is defined by the existing Arnold Palmer Classic Goff course and
will be further defined by the second public golf course to be developed within the Specific Plan Area.
Development criteria related to Golf Course areas are defined below.
Golf Course (GC) Uses and Standards
A. Purpose and Intent, To provide for the protection and preservation of golf course open space areas
within the SilverRock Resort.
B. Perinitted Uses. The following uses shall be permitted in the areas designated as Golf Course Open
Space on the Land Use Plan.
1. Open Space and Recreation Uses
- Golf courses and other customary accessory uses including fairwayso greens� tees, and
golf -cart paths, trails, and clubhouse
2. Accessory Use-.;
- Signs, subject to this Specific Plan Document and/or Chapter 9.160 of the City of La Quinta
Zoning Code
July 18, 2006 37
- Fences and waUs, subject to this Specific Plan Document and/or Section 9.100�030 of the
City of La Quin ta Zoning Code
3. Temporary Uses and Interim Uses:
- Golf tournaments
- Temporary outdoor event staging facilities
- On -site construction and site guard offices
- Relocatable buildings
- Other uses as approved by Director of Community Development
C Temporary and Interim Uses, Temporary events that accommodate 500 to 2,500 people shall not be
subject to a TUP application, provided the event organizer obtains written approval from the following
agencies or department-,; a minimum of 14 days prior to the event occurring (i.e., Riverside County Fire
Department, Riverside County Sheriffs Department, La Quinta Building and Safety Department, La
Quinta Code Compliance Department, La Quinta Public Works Department), Temporary events that
have 2,501 or more people in attendance shall require a TUP application to be processed and approved by
the City's Community Development Department, subject to the requLrements of Section 9.100.140 of the
Zoning Ordinance. Applications for large temporary events shall besubmitted to the City of La Quinta a
minimum of 60 days prior to the event taking place.
Temporary office/retail buildings, other than temporary construction offices, shall require a Site
Development Permit application, subject to the requirements of Section 9.210.010 of the City Zoning
Ordinance. Approval of the temporary buildings by the Planning Commission is requixed.
Temporary construction offices and their related facilities -,;hall be subject to TUP application as required
by Section 9.100.140 of the City's Zoning Ordinance. Approval of the temporary use by the Community
Development Department is required.
D. Development Standards. The following development standards apply to the construction of ancillary
buildings for golf operations on property designated as Golf Course on the Land Use Plan.
TABLE9
GOLF COURSE ANCILLARY BUILDING DEVELOPMENT STANDARDS
Maximum Structure Height
Maximum Number of StorieW
28 f t.
2
Minimum Perimeter Building Setbacks from:
Perimeter Residentially Zoned Property 20 ft.'
Abutting Commercial/ Other Non -residentially Zoned Property 10 ft�
Minimum Setback from interior Property Lines within Same Project 0
Minimum perimeter building setback shall be 5 ft. from abutting property with approval of Comm -unity
Development Director given adequate buffer and screening.
Above -ground stories.
July 18,2006 38
3.1.2 Planning Area 2
CIVIC CULTURAL EVENTS FACILITIES - (CC) USES AND STANDARDS
Description of Uses in Planning Area 2
Planning Area 2 is a 4-acre site that includes the existing Ahmanson House, which wW be preserved and
maintained for use as a civic and cultural events facility. This Specific Plan allows the use of this existing
facility and the development of additional facilities including conference center, restaurants, and resort
lodging.
Civic and Cultural Arts Facilities Uses and Standards
The following section establishes the permitted land uses and development standards for Planning Area
3 designated for Civic and Cultural Arts Facilities on the Plarming Area Diagram.
A. Purpose and Intent. To provide for the preservation of the existing Ahmanson House and its use as a
public facility while permitting the development of compatible public M-1d supporting commercial
facilities.
B. Permitted Uses.
1. Recreation Uses
- Golf course clubhouse
2. Public and Semi -Public Use5
Conference Center
Resort Spa
3. Dining, Drinking, and Entertainment Uses
- Restaurants
4. Lodging Uses
- Hotel and Casitas
5. Accessory Uses
Signs, subject to this Specific Plan Document and/or Chapter 9-160 of the City of La Quinta
Zoning Code
Fences and walls, subject to this Specific Plan Document and/or Section 9.100.030 of the
City of La Quinta Zoning Code
6. Tentporary Uses and Interim Uses
- Temporary outdoor event staging facilities
- On -site construction and site guard offices
- Relocatable buildings
- Outdoor conference/ entertainment activities
C. Tentporanj and Interim Uses. Temporary outdoor event staging and parking facilities and onsite
sales, construction and site guard offices including relocatable buildings.
D. Developtnent Standards. 7he following development standards apply to property within Planning
Area 2.
TABLE 10
CIVIC AND CULTURAL ARTS FACILITIES BUILDING DEVELOPMENT
STANDARDS
ITEN11 QUANTITY
July 18,2006 'Jo
Maximum Building Height 40 ft.
Maximum Number of Stories 3
Minimum Building/ Landscape Setback from:
Perimeter Street Rights -of -Way to ft.
Minimum Building Setbacks from Interior Property Lines 0 f t.
Within Same Property
Refer to City Zoning Ordinance for all other property development standards except parking, which is in Table -16
herein.
3.1.3 Planning Area 3
BOUTIQUE HOTEL TC - (BH) USES AND STANDARDS
Description of Uses in Planning Area 3
Planning Area 3 includes 13 acres of land surrounded by the existing Amold Palmer Classic Golf Course
planned for the development of a boutique hotel, including supporting facilities and amenities.
Boutique Hotel Uses and Standards
The following section establishes the permitted land uses and development standards for Planning Area
3 designated as Boutique Hotel on the Planning Area Diagram.
& Purpose and Intent. To provide for the development of a boutique hotel incorporating the unique
features and characteristics defined in this Specific Plan.
B. Pennitted Uses.
1. Lodging Uses
- Hotel
- Resort Casitas
2. Dining, Drinking, and Entertainment Uses
- Restaurants with entertainment
- Pool
- Spa and Fitness Facility
3- Accessory Uses
- Signs, subject to this Specific Plan Document and/or Chapter 9.160 of the City of La Quinta
Zoning Code
- Fences and waus, subject to this Specific Plan Document and/or Section 9.100.030 of the
City of La Quinta Zoning Code
4. Tmiporary Uses and Interim Uses
- Temporary outdoor event staging facilities
- On -site construction and site guard offices
- Relocatable buildings
- Sales pavilion
C. Temporary and IntMin Uses. Temporary outdoor event staging and parking facidities and onsite,
sales, construction and site guard offices including relocatable buildings.
July 18, 2006 40
D. Development Standards. The following development standards apply to property within Plaru-iing
Area 3.
TABLE 11
BOUTIQUE HOTEL BUILDING DEVELOPMENT STANDARDS
Maximum Building Height
Maximum Number of Stories
40 ft.
Minimum Building/ Landscape Setback from:
Perimeter Street Rights -of -Way 10 ft.
Garage/Carport Setback- from Street Curb 5 ft.
Minimum 6WIding Setbacks from Interior Property Lines 0 ft.
Within Same Property
Refer to City Zoning Ordinance for all other property development standards except parking, which is in Table 16
herein.
3.1.4 Planning Area 4
RESORT HOTEL AND CASITAS TC - (RH) USES AND STANDARDS
Description of Uses in Planning Area 4
Planning Area 4 includes 30 acres of land located between the existing Arnold Palmer Classic Golf Course
and the second planned SilverRock I? esort public golf course planned for the development of a resort
hotel, including supporting facilities and amenities.
Boutique Hotel Uses and Standards
'The following section establishes the permitted land uses and development standards for Planning Area
4 designated as Resort Hotel and Resort Casitas on the Planning Area Diagram.
A. Purpose and Intent. To provide for the development of a resort hotel incorporating the unique
features and characteristics defined in this Specific Plan.
B. Pennitted Uses.
1. Lodging Uses
- Hotel
- Resort Casitas
2. Dini?k�, Drinking, and Entertainment Uses
- Restaurants with entertainment
- Pool
Spa and Fitness Facility
Nightclubs permitted by conditional use permit
3. Accessory Uses
- Signs, subject to this Specific Plan Document and/or Chapter 9.160 of the City of La Quinta
Zoning Code
July 18, 2006 41
Fences and walls, subject to this Specific Plan Document and/or Section 9.100.030 of the
City of La Quinta Zoning Code
Conference facilities
4, Temporary Uses and Interim Uses
Temporary outdoor event staging facilities
On -site construction and site guard offices
Relocatable buildings
5. Midti-Use TheaterlConference Building
- Multi -Use building designed for movie theater, live theater and/or conference facility
C. Temporary and Interim Uses. Temporary outdoor event staging and parking facilities and onsite
sales, construction and site guard offices including relocatable buildings.
D. Development Standards. The following development standards apply to property within Planning
Area 3.
July 18, 2006 42
TABLE 12
RESORT HOTEL AND CASITAS BUILDING DEVELOPMENT STANDARDS
Maximiun Building Height 65 ft.
Maximum Number of Stories' 5
Mininium Building/Landscape Setback from.,
Perimeter Street Rights -of -Way 10 ft.
Abutting Residential, OS, and GC districts 10/0 ft.
Garage /Carport Setback- from Street Curb 5ft.
Minimum Building Setbacks from Interior Property Lines 0 ft.
Within Same Property
' Above -ground stories.
Refer to City Zoning Ordinance for all other property development standards except parking, which is in Table 16
herein.
3.1.5 Planning Area 5
MIXED USE RESORT RETAIL VILLAGE TC - (RV) USES AND STANDARDS
Description of Uses in Planning Area 5
Planning Area 5 includes 9 acres of land planned for the development a specialty mixed -use retail village
containing uses complementary to the golf and hotel resort uses,
Mixed Use Resort Retail Village Uses and Standards
The following section establishes the permitted land uses and development standards for Planning Area
5 designated as Mixed Use Resort Retail Village on the Planning Area Diagram.
A. Purpose and Intent. To provide for the development of a variety of retail commercial and restaurant
uses along with resort -oriented office and live/work units,
B. Pennitted Uses.
L Dining, Drinking, and Entertainnient Uses
- Restaurants with entertainment
- Nightclubs permitted by conditional use permit
2. Retail Commercial Uses
Travel support and specialty retail uses
Rental, sales, leasing office for on -site SilverRock Resort properties only
Other similar uses as approved by the Community Development Director
3. C�Iice Uses
- Professional office
4. Residential t1ses
- Live/work units and studio apartments
5. Accessory Uses
July 18, 2006 43
- Signs, subject to this Specific Plan Document and/or Chapter 9.160 of the City of La Quinta
Zoning Code
- Fences and walls, subject to this Specific Plan Document and/or Section 9.100.030 of the
City of La Quinta Zoning Code
6. Temporary Uses and Interim Uses
- Temporary outdoor event staging facihties
- On -site construction and site guard offices
- Relocatable buildings
C. Temporary and Interim Uses. Temporary outdoor event staging and parking facilities and onsite
sales, construction and site guard offices including relocatable buildings.
D. Development Standards, The following development standards apply to property within Plarming
Area 5.
TABLE 13
MIXED -USE RESORT RETAIL VILLAGE BUILDING DEVELOPMENT
STANDARDS
Maximum Building Height 40 ft.
Maximum Number of Stories' 3
Minimum Building/ Landscape Setback from:
Perimeter Street Rights -of -Way 10 ft.
Abutting Residential, OS, and GC districts 10/0 ft.
Garage /Carport Setback- from Street Curb 5 ft.
Minimum Building Setbacks from Interior Property Lines 0 ft.
Within Same Property
I Above-grouTid stories.
Refer to City Zoning Ordinance for all other property development standards except parking, which is in Table 15
herein.
3.1.6 Planning Area 6
RESORT HOTEL AND CASITAS - (RH) USES AND STANDARDS
Description of Uses in Planning Area 6
Planning Area 6 includes 31 acres of land located between the existing A mold Pa[mer Classic Golf Course
and the second planned SdverRock Resort public golf course planned for the development of a hotel,
including supporting facilities and amenities.
Hotel Uses and Standards
The following section establishes the permitted land uses and development standards for Planning Area
6 designated as Hotel and Resort Casitas on the Planning Area Diagram.
A. Purpose and Intent. To provide for the development of a hotel incorporating the unique features and
characteristics defined in this Specific Plan.
July 18, 2006 44
B. Permitted Uses.
1. Lodging Uses
Hotel
Resort Casitas
2. Dining, Drinking, and Enteilaininent Uses
- Restaurants with entertainment
- Pool
- Spa and Fitness Facility
3. Accessory Uses
- Signs, subject to this Specific Plan Document and/or Chapter 9.160 of the City of La Quinta
Zoning Code
- Fences and watts, subject to this Specific Plan Document and/or Section 9.100.030 of the
City of La Quinta Zoning Code
4. Temporary Uses and Interim Uses
- Temporary outdoor event staging facilities
- C�n-site construction and site. guard offices
- Relocatable buildings
- Sales pavilion
C. Tensporar�y and Interim Uses. Temporary outdoor event staging and parking facilities and onsite
sales, construction and site guard offices including relocatable buildings.
D. Development Standards. The following development standards apply to property within Phuming
Area 6.
TABLE 14
TRADITIONAL HOTEL AND RESORT CASITAS BUILDING DEVELOPMENT
STANDARDS
Maximum Building Height
41) ft.
Maximum Number of Stories
1
Minimum Building/ Landscape Setback from:
Perimeter Street Rights -of -Way
10 ft.
Abutting Residential, OS, and GC districts
10/0 ft.
Garage/Carport Setback- from Street Curb
5 ft,
Minimum Building Setback-, from Interior Property Lines
0 ft.
Within Scune Property
Refer to City Zoning Ordinance for all other property development standards except parking, which is in Table 15
hereim
3.1.7 Planning Area 7
July 18, 2006 45
PUBLIC PARK P - (P) USES AND STANDARDS
Description of Uses in Planning Area 7
Planning Area 7 includes 35 acres of land located at the northeast comer of the Specific Plan Area to be
used as a passive and active community park.
Open Space Uses and Standards
The following section establishes the permitted land uses and development standards for Planning Area
7 designated as Public Park on the Planning Area Diagram.
A. Purpose and Intent.
1. To provide a public park area suitable for passive and active recreation.
B. Permitted Uses.
1. Public Park
2. Temporanj Uses and Interim Uses
-Special event-,; /activities
Temporary outdOOT event staging facilities
On -site construction and site guard offices
1�elocatable buildings
Event parking
C Temporary and Interint Uses. Temporary events shall require a TUP application to be processed and
approved by the City's Community Development Department, subject to the requirements of Section
9.100.140 of the Zoning Ordinance. Applications for large temporary events shall be submitted to the
City of La Quinta a minimum of 60 days prior to the event taking place.
3.1.8 Planning Area 8
PUBLIC FACILITIES P - (PF) USES AND STANDARDS
Description of Uses in Planning Area 8
Planning Area 8 includes 51 acres of land planned to contain existing public facilities located within the
Specific Plan Area and new public facilities planned to support the golf and resort facilities aRowed by
this Specific Plan.
Public Facilities Uses and Standards
The following section establishes the pen-nitted land uses and development standards for Planning Area
8 designated as Public Facilities on the Planning Area Diagram.
A. Mirpose and Intent.
1. To accommodate existing public facilities within the Specific Plan Area and provide sites for
new public facilities.
B. Permitted Uses.
1. Public Facilities
July 18,2006 46
- Public flood control and water transmission facilities
- Water WeUs and pumping stations
- Public streets
- Public parking facilities
- Golf cart paths
- Trails/walkways
July 18, 2006
3.2 DEVELOPMENT REVIEW PERMITS AND PROCESS
The permits, approval process and required findings for development of SilverRock are set forth in the
City of La Quinta Zoning Code. In addition, the following shall appl�y:
3.2.1 Prior to the issuance of a building permit for construction of any use contemplated by this
specific plan, the applicant shall first obtain approval of subdivision maps, conditional use permits, site
development permits, and/or tentative maps in accordance with the requirements of the Municipal Land
Use and Land Division Ordinances of the City of La Quinta.
3.2.2 The applicant shal.1 comply with the latest Uniform Building Code, as adopted by the City of La
Quinta. The appropriate seismic design criteria will be adhered to and will depend upon the type and
use of the proposed structure and the underlying geologic conditions.
3.2.3 Permit applications shall comply with the requirements and standards of Title 9 of the City of La
Quinta Municipal Code., unless otherwise modified by these conditions.
324 Prior to issuance of a building permit for any of the casitas units as either models or production
units, the final working drawings for the structures shall be submitted to the Community Development
Department for review and approval.
3,25 Prior to the issuance of a grading or building permit for construction of any building or use
contemplated by this Specific Plan, the applicant shall obtain permits and/or clearance if required from
the following bureaus or departments*
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside County Environmental Health Department
• Desert Sands Unified and CoachcUa Valley Unified School Districts
• Coachella Valley Water District Imperial Irrigation District
• California Regional Water Quality Control Board (NPDES Permit)
• General Telephone
• Sunline Transit
• Time Warner
• Bureau of Reclamation (BOR)
• Air Quality Control District
The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If
the requirements include approval of improvement plans, applicant shall furnish proof of said approvals
prior to obtaining City approval of the plans.
The applicmit shall comply with applicable provisions of the City's NPDES storm water discharge permit.
For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of
the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance
of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water
Pollution Protection Plan for review by the Public Works Department.
3.2.6 Fire Department access roads shall be provided to within 150-feet of each building. Dead-end
roads in excess of 150-feet shall be equipped with a turnaround or other fire access acceptable to the Fire
Marshal. All fire apparatus access roads shall have an unobstructed width of not less than 20 feet.
July 18, 2006 48
3.2.7 The applicant shall comply with the City's Flood Protection Ordinance.
3.2.8 A grading plan shall be prepared by a registered civil engineer and must meet the approval of the
City Engineer prior to issuance of a grading permit.
3.2.9 The grading plan shall conform with the recon-unendations of the soils report and shall be
certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the
final map(s), if any are required of this development, that a soils report has been prepared pursuant to
Section 17953 of the Health and Safety Code.
3.2.10 The development shall be graded to conform with the approved hydrology report for SilverRock,
unless otherwise approved by the City engineer by separate study.
3.2.11 In areas where hardscape surface improvements are planned, underground utilities shall be
installed prior to construction of the surface improvements. The applicant shall provide certified reports
of utility trench compaction tests for approval of the City Engineer.
3.2.12 Improvement plans for parking lots, driveways, and access gates shall be prepared a registered
civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta
Municipal Code, adopted Standard and Supplemental Drawings and Specifications, and as approved by
the City Engineer.
Pavement sections shall be based an a California Department of Transportation (CalTrans) design
procedure for a 20-year life and shall consider soil strength and anticipated traffic loading, including site
and building construction traffic. The minimum pavement sections shall be as follows:
Residential and Parking Areas 3.0"a.c./4.50" C.A.B.
Collector 4.01,15.001,
Secondary Arterial 4.0"/6-00"
Primary Arterial 45'76,00"
Major Arterial 5.5" /6-50"
The listed structural sections are minimums, not defaults. Street pavement sectiOns shall be designed
using CalTrans design procedures with site -specific data for soil strength and traffic volumes.
The applicant shall submit current (no more than two years old) mix designs for base materials, Portland
cement concrete and asphalt concrete, including complete mix design lab results, for review and approval
by the City. For mix designs over six months old, the submittal shall include recent (no more than six
months old at the time proposed for construction) aggregate gradation test results to confirm that the mix
design gradations can be reproduced in production of the base or paving material. Construction
operations shall not be scheduled until mix designs are approved.
3.2.13 The applicant shall endeavor to minimize differences in elevation at the interface of this
development with abutting properties and of separate tracts and lots within this development. Building
pad elevations on contiguows, lots shall not differ by more than three feet except for lots within a tract, but
not sharing common street frontage, where the differential shall not exceed five feet. If compliance with
this requirement is impractical, the City will consider and may approve alternatives, which minimize
salety concerns, maintenance difficulties, and neighboring�owner dissatisfaction with the grade
differential.
3.2.14 In areas where hardscape surface improvements are planned, underground utilities shall be
installed prior to construction of surface impfovemei)ts. The applicant shall provide certified reports of
utility trench compaction tests for approval of the City Engineer.
3.2.15 This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations), If
any portion of any proposed building lot in the development is located within or immediately adjacent to
a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be
graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100
year) flood and building pads are compacted to 95 percent Proctor Density as required in Title 44 of the
July 18,2006 49
Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots that are so
located, the applicant shall receive Conditional Letters of Map Revision based on Fill (CLO.MR/F) from
FEMA. Prior to finat acceptance by the City of subdivision improvements, the applicant shall have
received final LQMR/Fs for all such lots.
3.2-16 SP 2006-080 shall comply with all applicable conditions and/or mitigation measures for
Environmental Assessment 2002-453, Addendum 1. In the event of any conflict(s) between approval
conditions and/or provisions of these approvals, the Community Development Director shall determine
precedence.
3.2,17 Site Development and/or other Permits for the Specific Plan area will be subject to review and
approval by the City Council. Said City Council review will be conducted as a business item, unless an
appeal is filed by a third party, in which case the review would be completed in accordance with the
procedures as set forth in the La Quinta Municipal Code.
3.2.18 At the discretion of the CommLu-Lity Development Director, site development permit applications
for the Specific Plan area may be required to include site cross sections of proposed buildings.
3.2.19 The inutti-use trail along Avenue 52, Jefferson Street and Avenue 54 may incorporate a standard
split -rail fence design, an alternative fence design, and/or remain open.
3.2.20 In accordance with Senate Bill 18, the opportunity for tribal consultation is scheduled to conclude
August 17, 2006. The opportunity to cortsult with any and all tribes wishing to do so shall be conducted
and completed according to the State Tribal Consultation Guidelines.
3.2.21 The applicant shall prepare a detailed parking management program as part of any Site
Development Permit that complies with the following standards (NOTE; These provisions may be
modified and updated as part of site development permit or subdivision map approval process):
TABLE 15
SILVERROCK RESORT PARKING PROGRAM
HOTELICASITAS
Hotel Casitas Hotel Units 1.00 space per guest unit
(Spgr)
Hotel Units .75 spgr
Casitas/Condo Hotel Studio
1.00 space
I Bed -room
1.25 spaces
2 Bedroom
1.50 spaces
3 Bedroom
2.0 spaces
4 Bedroom
2.5 space
Dining/Bar/Dancing
1 space
Commercial Within Conunercia] 1 space
Hotel. Building TYPE OF USF SPACE USES j
Meeting/ Conference Meeting/Conference Credit 30 sq. ft. per
(largest single room guest unit. Thereafter 1
only) space per 30 sq. ft. of
meeting area parking.
1`50 units
Over 50 units
Per Unit
Per Urdt
Per Unit
Per Unit
Per Unit
Per 5 seats or
Per 60 square feet (sq.
ft,), plus 20% employee
Per Employee
Ft.
July 18, 2006 90
Hotel Employees (a.11 Hotel Employees 0.5 space Per Employee (for
functions other than maximum daily.shift)
retail/spa use)
RESORT RETAIL AREAS
Office I space Per 250 sq. ft.
Retail I space Per 300 sq. ft.
Restaurant I space Per 5 Wats. or
Per 60 sq. ft. plus 20% for
employees
Residential 1.5 spaces Per Unit
Black Box Theater 1 space Per 30 sq. ft. or
1 space Per 3 seats (if seat count
is available)
Base upon largest single meeting space.
Modifications to the parking management program pursuant to Section 9.150.050 and 9.150.060 LQZO may be
considered and approved.
3.3 SPECIFIC PLAN AMENDMENTS
3.3.1 Specific Plan Amendment Procedures
Minor modifications to the approved SilverRock Specific Plan are allowed at the discretion of the
Community Development Director or designee. Modifications to the Specific Plan must be consistent
with the purpose and intent of the (then) current approved SilverRock Specific Plan.
A. Changes That Do Not Require a Specific Plan Amendment. As development within the SilverRock
progresses, it may be demonstrated that certain detait changes are appropriate in refinement of the
Specific Plan, therefore it is intended that the Specific Plan Document provide flexibility with respect to
the interpretation of the details of project development as well as those items discussed in general terms
in the Specific Plan. If and when it is determined that changes or adjustments are necessary or
appropriate, these changes or adjustments shall be made as an administrative procedure approved by the
Community Development Director or designee. After such administrative change has been approved, it
shall bw attached to the Specific Plan as an addendium and may be further changed and amended from
time to time as necessary, Any such adminbstrative changes do not require a Specific Plan Amendment.
The following changes to the Specific Plan may be made without amending the SilverRock Specific Plan:
The addition of new information to the Specific Plan maps or text that donot change the effect of
any regulation. Thenew information may include more detailed, site -specific information. If this
information demonstrates that Planning Area boundaries are inaccurately designated, based
upon the Goals of the Specific Plan, said boundaries may be adjusted or redesignated to reflect a
more accurate depiction of onsite conditions, without requiring a Specific Plan Amendment,
Adjustments to the golf corridors may be made resulting in a corresponding change to the
adjacent development parcel without the requirement of a specific plan amendment.
is Changes to the community infrastructure such as drainage systems, roads, water and sewer
systems, etc., which do not have the effect of increasing or decreasing capacity in the project area
beyond the specified density range nor increase the backbone infrastructure construction or
maintenance costs.
July 18,2006 51
B. Changes That Require A Specific Plan Amendment. If it has been determined that the proposed
change is not in conformance with the intent of the current Specific Plan approval, the Specific Plan may
be amended in accordance with the procedures set forth in Chapter 9.240 of the City of La Quinta Zoning
Code.
C. Where there is a potential conflict between the Specific Plan and Zoning Code, the Director of
Community Development shall review pertinent information and make a determination as to which code
or standard applies. All determinations shall be in writing and shall be attached to the Specific Plan as
noted in 3.3.1.Aabove.
D. Appeals. Appeals of Director of Community Development decisions and determinations shall be to
the Planning Commission and shall be handled in accordance with Section 9.200.120 LQMC,
3.3.2 Specific Plan Enforcement
The enforcement of the provisions of this Specific Plan shall be by the following:
• The City of La Quinta Community Development Department shall enforce the site development
standards and design guidelines set forth herein.
• The Plcuaning Commission may review the appeal of any administrative interpretation of this
Specific Plan. Likewise, any decision by the Planning Commission is subject to appeal to the City
Council per 9.200.120 LQMC provisions.
• The City of La Quinta shall administer the provisions of the SilverRock Resort Specific Plan in
accordance with the State of California Government Code, Subdivision Map Act, the City of La
Quinta General Plan, and the City of La Quinta Municipal Code,
• The Specific Plan development procedures, regulations, standards, and specifications shall
supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be
amended in the future.
All regulations, conditions, and programs contained herein shall be deemed separate distinct,
and independent provisions of this Specific Plan. In the event that any such provision is hold
invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall
not be affected.
Any development regulation and building requirement not addressed in the Specific Plan shall
be subject to all relevant City of La Quinta ordinances, codes, and regulations.
July 18, 2006 52
SECTION 4
GENERAL PLAN CONSISTENCY
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General Plan Consistency
California Government Code (Title 7, Division 1, Chapter 3, Article 8, Section 65450 - 65457) permits the
adoption and administration of specific plans as an implementation tool for elements contained in the
local general plan. Specific plans must demonstrate consistency in regulations, guidelines, and programs
with the goals and policies set forth in the general plan.
The latest City of La Quinta General Plan update was adopted on March 20, 2002. The General Plan
contains the following elements. Land Use, Traffic and Circulation, Open Space, Parks and Recreation,
Natural Resources, Infrastructure and Public Services, Environmental Hazards, and Cultural Resources.
Each element of the General Plan contains a summary of key issues, which di-rect and guide that
element's goals and policies.
The summary of key goals and aims identified in the General Plan are uwd in this Specific Plan
Amendment for SilverRock as the basis for evaluating the Specific Plan's consistency with the City's
General Plan. Applicable General Plan goals are stated below followed by a statement of how the
SilverRock Specific Plan implements each.
4.1 ]LAND USE ELEMENT
"High quality development that promotes the City's image as "The Gem of the Desert."
The SilverRock Resort Specific Plan allows for the development of two premium public 18-hole
golf courses, a golf clubhouse, a golf driving range, a golf instructional facility, a resort hotel, a
traditional hotel, a boutique hotel, resort casitas and a mixed use resort retail village. The
Specific Plan will allow the development of a unique resort consistent with this goal.
0 "Protection of our natural environment"
"A balanced and varied economic base which provides a broad range of goods and services to
the City's residents and the region."
The SitverRock Resort Specific Plan allows for land uses that include two pren-durn. 18-hole golf
courses, a golf clubhouse, a golf driving range, a golf instructional facifity, a resort hotel, a
traditional hotel, a boutique. hotel, resort casitas, and a mixed use resort retail village.
Commercial uses would also be included in a golf clubhouse, the Ahmanson House site, and in
each of the hotels proposed. The Specific Plan will allow the development of unique
commercial uses not found in other areas of the City, consistent with this goaL
* "The continued growth of tourism and resort industries in the City."
The SiiverRock Resort project is a goff-oriented resort development that will add to the existing
strong base of resorts in the City.
"Major community facilities which efficiently serve the community and arc, compatible with
surrot-md ing land -uses. "
The SitverRock Resort Specific Plan promotes the development of two public golf courses and
provides 35 acres of park space available for public event use. In addition the Specific Plan
provides for the existing Abmanson House, to be preserved and maintained for use as a civic
and cultural events facility. "The preservation of open space and recreational resources as a
means of preserving and enhancing the quality of life and econornic base of the City."
July 18,2006 51
4.2 TRAFFIC AND CIRCULATION ELEMENT
"A transportation and circulation network that efficiently, safely, and economically moves
people, vehicles, and goods using facilities that meet the current demands and projected needs of
the City, while maintaining and protecting its residential resort character."
Existing and proposed roadway improvements in and around the Specific Plan Area are
consistent with the goals and policies established in the Circulation Element of the General
I -Ilan.
"Traffic impacts resulting from development should be identified through a mandatory traffic
impact analysis process."
Traffic analysis has been conducted as part of the Addendum to the Mitigated Negative
Declaration prepared on the Specific Plan,
"Pedestrian and bicycle networks should be developed which link activity centers in order to
facilitate recreational walking and biking and to establish non -automotive transportation as a
viable alternative to driving."
Alternatives to vehicular access axe incorporated in the circulation plan for SilverRock and
accommodated on the roadway and pedestrian systems.
"The circulation system should be designed and maintained to encourage walking, bicycling and
transit utilization as alternatives to automobile travel. Improvements to existing transit service
should be considered, including provision of additional transit stops on major roadways and
covered bus shelters at all existing and future stops."
The development along the perimeter of SilverRock designates locations for transit stops and
shelters. The internal circulation system promotes the use of golf carts, pedestrian paths, and
shuttles as a means of minimizing vehicular traffic. As individual developments are reviewed,
specific transit requirements will be developed and required.
July 18, 2006 F-,-)
4.3 OPEN SPACE ELEMENT
"Preservation, conservation and management of the City's open space lands and scenic resources
for enhanced recreational, environmental and economic purposes."
4.4 PARKS AND RECREATION ELEMENT
"A comprehensive system of parks and recreation facilities that integrates cultural resources into
parks and open space."
"Sufficient parkland and recreational facilities to meet the active and passive recreational needs
of all residents and visitors."
"The utilization of existing natural and manmade features to link park facilities, open space areas
and significant cultural resources."
The SilverRock Specific Plan has, as a primary focus, active and passive recreation amenities.
These amenities include two premium public 18-hole golf courses, a golf driving range, a goff
practice facility, golf clubhouse, 195 acres of preserved natural open space in the Santa Rosa
Mountains, and an additional 35 acres of public park space.
Sewage effluent should be utilized for large turf (i.e., golf course, active recreation) areas and
drought tolerant plant species should be used to reduce the impact on the potable water supply
of the City.
When economically feasible, recycled water sources are envisioned as a source of irrigation
water for the uses allowed by the Specific Plan. Drought resistant plant material is a staple of
the palette within the plan area.
July 18, 2006
4.5 NATURAL RESOURCES ELEMENT
• "Land use and development patterns which contribute to the improvement of local and regional
air quality."
• "A reduction in pollution emissions generated within the City."
• "Participation in regionat efforts to improve air quality in the Coachella Valley."
• The Redevelopment Agency has implemented a variety of measures to control dust emissions in
the currently undeveloped portions of the Specific Plan Area, including planting barley.
The developer of any of the resort facilities allowed by this Specific Plan shall utilize dust control
measures in accordance with the Municipal Code, Uniform Building Code, and applicable South
Coast Air Quality Management District regulations subject to the approval of the City Engineer.
'Particular care shall be exercised during periods of extreme wind activity.
At the time of submittal of tentative tract maps or plans for any individual development project,
the Applicant shall demonstrate that adequate provision has been made for rion-autornotive
means of transportation within the project site as a means of reducing dependence on private
automobiles. This may include golf cart path systems, bicycle and pedestrian systems, and other
similar systems consistent with the specific plan.
Specific project designs shall encourage the use of public transit by providing for bus shelters as
required by the Community Development Director and consistent with the requirement-, of local
transit districts and the specific plan circulation.
The operators of resort facilities within the Specific Plan Area shall encourage and support the
use of van/bus service and Dial -A -Ride between the project site, local airports, (e.g., Patm
Springs, Thermal) and other regional land uses.
0 "The protection and preservation of unique and/or valuable biological resources, including
-sensitive, rare, threatened or endangered species and their habitat."
CEQA documentation in the form of an Addendum to the Mitigated Negative Declaration for the
Specific Plan identifies potential impacts to biological resources and recommends necessary
mitigation measures to maintain potential impacts by the Specific Plan to less than significant
levels. Preservation of the portion of the Santa Rosa Mountains within the Specific Plan Area and
buffer measures to mitigate potential impacts to sensitive species in the mountainous terrain has
been identified.
"The identification and preservation of sigr-dficant paleontologic resources which occur in the
city."
CEQA documentation in the form of an Addendum to the Mitigated Negative Declaration for the
Specific Plan identifies potential impacts to paleontologic resources and recommends necessary
mitigation measures to maintain potential impacts by the Specific Plan to less than significant
level,s.
0 "The careful management and conservation of the City's water resources."
July 18, 2006 54
The City of La Quinta has signed a Domestic Water and Sanitation System Installation and
Irrigation Service Agreement with the Coachelia Valley Water District (CVW`D) for the
SilverRock Resort project. In addition, the City of La Quinta has prepared a Water Supply
Assessment and Water Supply Verification for the SilverRock Resort project, which was
approved by the Board of the CVWD.
0 "Utility resources should be conserved utilizing a variety of feasible strategies."
Recycled wastewater will be utilized at SilverRock to supplement irrigation demands to
minimize water consumption.
"The City should be protected from the adverse impacts of storm water runoff, including
property damage as well as water quality."
The golf courses are designed to accommodate storm water retention to avoid storm water
impacts.
"Permitted land uses and standards for development in open space and watercourse areas
should be identified."
The SilverRock Specific Plan provides uses and standards for the open space and watercourse
areas within the Specific Plan Area.
"The quality and quantity of groundwater should be protected and maintained. Water
conservation efforts should be maintained, expanded, and implemented."
Lakes within golf course boundaries provide for storage of runoff.
4.6 INFRASTRUCTURE AND PUBLIC SERVICES ELEMENT
"A high level of public safety services provided to City residents, businesses and public and
private property."
0 The Riverside County Sheriffs Department provides police services for the City of La Quinta and
has adequate staff and equipment to serve the SilverRock Resort project. The Riverside County
Fire Department provides fire protection services Lo the City of La Quinta and has adequate staff
and equipment to serve the SilverRock Resort project.
"Adequate defense against the potential hazards associated with stormwater and surface water
flooding."
Approximately 19 acres of the All American Canal is located within the Specific Plan Area.
This canal would not only be used as a source of irrigation water for the SilverRock Resort
project, but also for stormwater drainage purposes. Currently under construction are major
improvements to the storm drainage system at Avenue 52, along the northern boundary of the
Specific Plan Area. The proposed improvements include installing approximately 2,200 feet of
reinforced concrete storm drain pipe within Avenue 52 along the SilverRock northerly property
frontage in order to extend the Calle Rondo storm drain from the northwesterly corner of the
site to a point just past the Avenue 52/SilverRock Way entrance and then back onto the resort
property in to the second golf course envelope. There the runoff water will be incorporated
into the water features of the second golf counse.
a "Reduction of the amount of solid waste generated by City residents and businesses."
The uses allowed within the SilverRock project would participate in the City's existing solid
waste diversion and recycling programs.
July 18, 2006 55
"Domestic water facilities and services that adequately serve the existing and long-term needs of
the City."
The City of La Quinta has signed a Domestic Water and Sanitation System Installation and
Irrigation Service Agreement with the CoacheEa Valley Water District (CVWD) for the
SitverRock Resort project. In addition, the City of La Quinta has prepared a Water Supply
Assessment and Water Supply Verification for the SilverRock Resort project, which was
approved by the Board of the CVVVD.
• "A broad range of public utilities that provide for the existing and long-term needs of the
community."
• "Sanitary sewer facilities and services that adequately serve the existing and long4errn needs of
the City."
• Die SilverRock Resort Specific Plan provides utility master plans to support the uses allowed by
the Specific Plan.
• "Utility resources should be conserved utilizing a variety of feasible strategies."
All structures are built to City Zoning and Development Code and the uniform building code
standards, which implement a strategy of conservation of energy and resources.
a "The City should support the recycling, reduction, and reuse of waste generated in the City."
The uses allowed within the SilverRock project would participate in the City's existing solid
waste diversion and recycling programs.
4.7 ENVIRONMENTAL HAZARDS ELEMENT
"The standards for development should be carefully regulated to minimize structural damage
and loss of life (from earthquakes), even though the City is located in a low intensity ground -
shaking zone."
All structures will be built to City Zoning and Development Code and the Uniform Building
Code standards to mitigate this hazard.
"'The development of areas located within 100-year floodplain boundaries and not protected by
existing storm water facilities should be addressed."
AU structures are built to City Zoning and Development Code and the Uniform Building Code
standards, which implement a strategy of conservation of energy, and resources and none are
located in a 100-year flood zone.
a "The factors that contribute to the increased risk of fire hayard should be reduced to protect La
Quinta citizens and structures from fire damage.'
All structures are built to City Zoning and Development Code and the Uniform Building Code
standards to mitigate this hazard.
4.8 CULTURAL RESOURCES ELEMENT
a "The identification and inventory maintenance of aU cultural resources within the City."
July 18,2006 56
"The preservation, maintenance, rehabilitation and/or restoration of cultural resources and
prevention of unnecessary destruction of or adverse effects to such resources through City -
sponsored or assisted projects and programs-"
CEQA documentation in the form of an Addendum to the Nlitigated Negative Declaration for the
Specific Plan identifies potential impacts to cultural resources and recommends necessary
rnitigation measures to reduce potential impacts by the Specific Plan to less than significant
levels. Furthermore, the City of La Quinta complied with 5B 18, which calls for the applicants of
development projects to seek Tribal consultation from any effected or interested tribes in order to
avoid the destruction of any Native American cultural resources.
0 "Increased public awareness of the City's heritage."
The Specific Plan Area includes the existing, historic, Ahmanson House, which will be
preserved and maintained for use as a civic and cultural events facility.
July 18, 2006 57
ATTACHMENT
SO, ...... Ag ... y: City of I -a Counts S ........ AS ... y
C .. ty: RW ... Id,
C,� .. Ad.dd by to Q,i,t,
C-O/Ch g.Add.dbyUQ.iO.
L. Sim (Added wood. Set Ft to be.)
LONG RANGE PROPERTY MANAGEMENT PI -AN: PROPERTY INVENTORY DAT
D111,111he" of
.busbby of lenyboossions,
posearty's
-hadetileii studiiiii,
potential for
of
.di., nousendi., ..d
tuoult
A& .. of pi ... ii
ISO., of pr-i...
C-poinallaub
Vid . at The.
E.tioutted
E .... listed
'Dabe
efinsided
Proposed Sol,
Poipnesend Set,
P,,p,,, fon, which peparty
Lat Sim (Sq
C.ruoit
Eationst, of C,rm,t
Eisluesids .
nee.lossuent, far ... of
designation as ,
ni-ead
:.set
bj ctlyo
devel,potent
No.
Property Typo
Patent ... she Us.
P.-Imablis Use Didul
Allies.-
Acquisition Date
of Purchase
Certain Value
Value Notes
V.I-
Value Basis
CuntentVitille,
Wit.
a..
cq.[.d
Addems
LOT Is
APN#
Ft)
Liet Acens
Zoning
P.-I Value
Vj
'm Nestle.
Irsonname,...
b,conothaVenue
bineenfaid IW
dis-I.posent
sofstnh�ey
= g
Vop ... 1. ned bli
0
2014
East of
Washington
Stree be....
D.V.lbp.d in 2007 as
To provid, public night of woy
Miles A-hb. and
Public Right
public tight Of way
1
Ro,d,,y/W,lk,,y
G.-thilbuil Us.
Public Right of W,y
WA
4/412MS
U91
84o
WA
NIA
Book
I D-13
Infinutuctine
S-I.y Do,.
F
1604-630-018
8711
0.02
of Way
N/A
0
NA
N...
None
Public Right of Way
..d-y..Ikw.y
0
2014
Ea..f
Washington
Socid be an
D-I.pud in 2007 as
To provid. public -,le of wey
Seeley D- and
Public Right
public b.ht f ..y
2
Ro,d,,y/W,lk,,y
3--obil Us.
Public Right of W,y
N/A
4/412MS
2,122
2,112
NVA
N/A
Book
D.O-13
infousubetuire
Hii 111
E
604430-023
2,178
fl,
Of Way
2,122
N/A
a
NA
N...
None
Public Right of Way
..d.uyl."kw"
0
2014
D.vol.poid in 2007 as
To pe,Vid, public right of �y
Public Right
poblii, nght.f Way
3
Roadway/w,le-Y
G,v,,m,nt,l Use
Public Right of W�y
N/A
4/4/2005
1,697
1,697
N/A
NVA
Book
Dec-13
Infouthuchne
P
E
604430-024
1,742
O.0
of Way
I,-
NIA
0
NA
None
None
I Public Right Of Way
-d-w-1k.8y
0
2014
T'c 2006 Vitego G,b-
P.,k,,g S-d-t-
The Ville, Spe.,fic Plu.
I- f-uc deVell.pi-obbb
ad.pled by the L. Quitte Cft�
, the .- bi, ce.1t 1,
N....eb I,-,
S-I- T'sust
C.bb. ' Obtiib- 1-
pa,k,,, deficts
Th. p,.p.ly a. pbbha..d in
&AVnida
A -by P"'o,
SP 87-009) .11- p-lb
obb.-di,
1989 W pni,idl ful �bfib pildn,
N.V.- and
MC - M'
70 P_ St.—
pa,hi,g lots . . pen-tted
de -poi -I of a $7S
major C."i"'b"y
12/27/1989
In eLQ,i,t,C-n,bbrtyPar,
A ... its
C"'uncy
bo the P.st seto
u- within the V,11.cc
ni'l- p.-g subet-
4
Palf,ing L.t(Strucht.
G.V-i Us.
Fell
NIA
7/1�1990
54ti�-j
120,878
N/A
N/A
Apposecid
Dwo-13
ndh L, Quele 10-in,
M-to-I.
NA
773-078-f)S4
48,351
1 11
Fbelfitne
120,878
N/A
0
bA
None
bfuic uu�
C-e-al Coto e.b....
bo tus bhb�
0
2014
It-- the poop,rty
Te.
Un.b. noted
Un.."',
p-h-ul with
E-pt on J p d
hissido't 1111:1
the piopefty --t be
P - 1 E-o-inal
The Cly'� Genbuil PI., bod
St-R-k U-1 sed PM-
..... be
Southwest --
n6-150-024
(us= no
. t. po-b -c
=ed 1. po-b
S-, J-tes be
Silvb,R.bk Sp,bfb Po.
10 C.btol C.b-t
Citysibunds W Me, In.
ti-el
To ecounbct a public ji more,
of A ... 0 52
and no-2-
GC - Golf
b, !,, p,,at,
O.bl.,�-bull
stp-te - tni, site be used
S-bb, ubd Rolo-1,
5
Woustit LVI-and
Policies D..I.p..t
I Publi. Gbff Cconse
conipensefich bernoult
6/2712002
3the.3do
22,750
enst-ii
(89,190)j
Appoand
Jul�14
and assucilcod public see
Jeffe-o SbOct
LotA
1027
198,1971
4.55
C,um,
�.7501
notir-'s)
0
a,l,,,Iy.
b nothon
IN...
fe, . lubs. G.ff C-so
IT-u.. Ag,.,,,t I
0
2014
.-.-c the unp.by
Pu .1hasbut who To.
J.-o boned
U.- -Oul
P.,PIpb�b.odap�.'i,.-ds.
t . Ty t b
Phose I --noinotel
T1,O City is Gbbb,.l 11., eol
St-R-1, ust and IM-
I.:=.e no
Southwest win.,
(".Zoe no
�h.`O-cd to powiteb-
S-yod-t-be
S le-bil Sp.bf,b Plan
10 Cubhol Cu""
City Intends to Met into .
b Od
To besseduct a p,bli. gulf -b-
OfAVObO 52 and
GC - Go f
b, b- to, p-ato
u-n-cubil
IdPoidc ttbbsswbcuscdSc-bcs.bdR.V
... hic
6
Vacant L.Vi-atid
Fute. D-Ift-t
Public Golf C-se
compensation eguseneelit
W-2002
23%4691
14,76DI
's veli.ne)
(57,827)
Apprefle.il
Jul-141
and st-weed public .. s
Jeffemon stund
Lot B
n6-150-025
128,502
2 95
C-c
14,7hO
beidd'.' one)
D
b-onsodon
Nunn
for a �IV GO, Coun.
Lou- Agnichnibut
0
2014
B-se the pup.by
p-ha _d �i in To-
Un.. inbeted
Un-n-und
E-pt I,- p-ccus,
inabet-11,
bi-int V.I--
the piopei-ty --t be
Ph. I Envinuiniontal
The C,ty � Gennuil MOO, and
Sit O,R,,k Dust and PM-
..... no
Southwest corn.,
i.ss-Os no
_b po
-ed 1. -te o
Study Indicates no
&I-P., Spect. Plan
ld C...l Contract
City Intends to enter In.
bond
To bonsound . plbl,. g.1frures
OfAVnu, 12 Ind
GC Gulf
it
- to, pb,at.
efun'.. .I is use be used
S-ibit. end Rov.Volul.
7
Vacant -.111-and
Puttee D.W.poiant
Public Golf C.b-
compersetion agreement
W 002
69,000
4.250
oush.bo's)
(16.662)
Appoccod
Jul-14
and s-I..d P.1c, so
Jeffetwon guest
IL.IC
771 0.015
37,d2S
085
C.-
4,250
noddon.ne)
0
a, ly
=..n.1
Inabon
None
ur a lobli. Golf Co,bee
Llb.ns. Agre-ant
0
2014
B-so the popody we,
T-
Jon. could
U.-unioned
p-hased! with
E-pl bond poccous,
I 1�1.1
the popeity 'ab,.t 'o
Phase I EcAu,notentel
The City's GO .... I Pl,,, end
Sit .. Ro& Dust and PM-
1=1ent c
S.ut-st b.nn.,
fl=.Ve �Ul.
-1-d t.'p,ivate so
Study indicates no
Sil-R.bk Spoefic Men
to Go,- C"cou
City intend, In color Into .
bond
To beholnud . pi,till. gulf counes
of A,e,bc 52 end
GC - Gulf
be"
- b-d to, 'pri-to
obvitub.henual
stipulat, d-u- site be used
uod R-cable
8
Vacant L.V"ind
F-b. Development
Public G.ff C.-
-poleab., gene-ift
6/2,2002
b'1
cid-beine)
(M,696)
Apposslif
Jul-14,
and s-i- pubk
Jetc-b St..
WIG
777490-016
77,101
177
C-s,
8,850
obstrict-)
0
..'V,Ly
con" silents,
None
for , Plulk Gulf C'unse
Lou- Ag t
0
2014
Bobotise the pep.by
pu .-ed with T-
Unn-bened
Untic dioned
1-pl b- p-cols,
ba,kb V-'--
I Veto,
t piope" '.'
-so 1 E-oun-tual
Th. Qt is Gon- Plisi, end
y
St -Rock Dust and PM-
...... no
Soull,west -bc,
(O=.e be
.'o-ed t. po-ub�'s.-
Sudynidi-h- be
S jivb,R.bk Spebb. Plan
10 C.btol C-ticiet
b.od
T. b.'stud . p.ble golf
of A-b- 32 end
GC - Got
bon
., see she
ob-bonicol.1
dip.lete - the site be used
Se-bbs b,d Revocable
9
Vacesit LOVI-atid
G.-IO.-I Us.
Public P.i
N
.2112002
101,974
18.600
los.0ii
(89,38]
Approsod
JUIA4
od .--ted publ,,
leffe-b Stect
LotE
1777490-017
162,043
3-72
C.tiose
18,600
hadr-is)
0
b-b-istou
None
to, . Puble P-
Lb.us. Ag,..,M
0
2014
The Cly '� Gbbb,.l Ilen, and
Sive-bi, Spb.f,. Plan
Bob-c. the unstably Is,
sti, 1-th-be-
Pit h.-d! wth To.
d-g-ted to, the
jon. O.,Od
U.ticuennoted
pt to-d too-ods.
do"] P =I'
..,k.t Voloo
the popefty ii-ot be
Phase I EOVI-mentel
f-lo-O"'t
' colli ads the
Sit ifittick Dust and PM-
(.e= on
S-h-st bo
f=vs �Ul.
-n-I'd -,iwitc so
Study indicates no
At Ani-in, C.bal and
10 Conth"I Coninect
Public F-In- (CVWD
To noftd . p.b1iV gulf -n-
of A,e,bc 12 end
GC Got
bond
0' used I., "pri-to
onvi-nenual
C-hell. Valley Wbti
Sell- and R-bable
10
Vacant LOVI-aod
G.v...O..l Use
Well Site)
NIA
6/27/2002
54,337
3,350
bost-heins)
0
Apposub!
Julki,l,
and s-ii
I-- St..
Will)
777-(1604162
2g,158
b7
C.-c
3,350
I-Oidiricti-)
D
Nontson-thin
None
Disible, -11 .1.
IT ..... Ag,,,.,t
0
2014
Be -se th -Pon
p-h-ed To-
th
U-b-butued
M-N,
Lo-b-il
E-pt b.,d p-cods,
-111 In.
:063
T77-f`6tl M6
bi.dVot V.I.,
the piopefty --t be
Ph.1c 1 E-o-untal
Th. City's G.o I Men, od
S,IwIR11k Dust lod PM-
(--. be
S.- -bb,
M-WO-067
i.s= no
b-ed t. povOto Us.'
Subly bdi-- be
S it,' R.c Spb.�flb P-
I " C-o"' C-ot"'
City ulbods to auto, no
b.nd
To O.Md a public golf worse
of A,bouc 52 -
..it 777-06.-
GC - Got
b, sed to, p-he
ob-bonicooil
hk
'upu- t �t th ute be need
Se-i, -d
11
Vacent L.111-and
Fulne. D.Val.p.ent
Public Goff C-1se
octop.-hon g-neent
W712002
1 4.451.687
274,2001
'eto-ted
fl.074.986)
Appro,sod
Jul-14
and it.scei.uel
Jeffe-b Stbect
Lot 10
W
2.388,828,
54.84
C-c
274,200
-b-in)
ly,
---tcu
None
to, . P.Ict� Gulf C.-b
Lbeuse Ag'=i,ble
0
2014
Beb-so the pi-Oplity I.,
P. h.-d with Te.
U.aVd.bO.d
Unacunioned
E-pt bond pbobbods.
I
the popedy no. be
Ph.- 1 EnVitc-unusl
The Dty'� Gebbbl PI., eod
St ,R.bk D- end PM-
I-- On
setuffwoet u..'
--c- to -pHwoc -"
Study btfiben. be
&I-i-R-k Spobfic Pieu
'd C""'C-i"""'
City Intends to Met lot.
Od
To bessentict a p,bli. gulf -
of -152 end
GC - Go f
bond
, b- to, pit""
idpoide di. is bo, be used
Se-e end Rev. -let.
12
Vacant LOY"Id
Futines D-lopexud
Public Golf C-se
bunip"budi .91-aft
W7/2002
2,625,231
181,700
tobbous)
(633,937)
Autos-
Jul-141
and its-i.hid public ....
Jeffe", sucet
Lot 12
T77�90-5
1,408,730
32.34
Co.bec
161,700
hashich one)
1.
- t,
=.O..l
noton
None
in, . P.bl,. G.If Co.-
IT-. Agi-inisot
0
2014
Bob- the pep.by
pu h-d with Te.
U-bunbeted
Un-us'
P-pl b.,d po-Ods.
11*11 Vale,
-te"t V111:1
the piopefty --ot be
Phase 1 Etiv-11unal
The City s GcbcuI PLO, bod
S--& Ubst sbd PIA-
Zu.n. be
Southwest
i.s= no
b po-to no."
=ed 1.
Study bdie.n. no
S,Ive,R..k Speclic Plin,
10 C-tol C-t
bond
To benedred a gulf wores
fAVn.. 52 and
GC - Got
b, to, P-
....... nool
used
Sc-.. end R.1-1,1,
13
Vacant L.V"Od
Go-neon.1 Us.
Public Pen,
NIA
61712002
2,2",704
1 138,2001
shrotboid
(664,119)
Appios.d
Jul-14
and its-Weel
Jeffibees, Sholot
Lot 15
777,10-W8
1,203,9981
27S4
Co...
138,200
stri-is)
ly'�
boonsonsinfibs,
None
hb, . 1. 0'
Llb.-Agui-bt
0
2014
Itec-so the pepedy win
P. hO-d with Te.
Un-mbeteil
LnO. �lboad
E-pt bond obobb.di,
11 Value
" t "I"
the popedy no. be
Ph.- 1 In,,, unic-I
The City � Gen I Pleo, and
Sil-Robt, Do. and PM-
(.s=.. on
Setti coun.,
("so'ece no
--c- o'p,i- i,sW
Study in- be
&I-R. k Sp.&,V Pilot
10 Couth'i Coutbact
City intend. W color into .
bond
To consund , p,bli, 9.1f -on-
of -Ouc 52 end
GC - Golf
bond
- bsed to, pilVid.
bovitub.-tel
stpul.le th. is site be used
Selle.. end R-calet.
14
Vai -.111-acid
F-b. Development
P.Nic Golf Cob—
-.PO..b.b g'-n-
6/27/2002
1 724,900
�,Olu
I-Ostbefistoid
(17SM8),
Appi-ased
J,1-14,
and e-i..d
Jeffo-sob St..
Wt 16
777494)�N9
388,990
&93
Go-
,650
--trictions)
0
bontounnati.o
No,.
to, s Pbblu GOT Coun.
Lic-O Agion-ut
It
2014
Bob-c the ocioury
pu h-d with T-
UbOV noted
Unco enothol
E-pl b.,d pi-ii-eds,
na"'Ve"o
..ddAV.h.
the piopefty --t be
Phase I Envinonotental
The C�ty's G-11 Plan and
SlIVOIR.Ol, Dust and PM-
("O'ce
Sent,- t berne,
776-1501
(as= no
tbio-tod to' po-he s.'
Study Indicates no
Sil-R-1, Sp,bfi, Plan
I a C"trel Contact
City -bit. to enter into .
b.od
To boustct . P.1,11. golf bourea
of Awinuc 52 and
and M�90-
GC - Golf
used in' PH"u"
on-tuneintal
solutlat.
15
Vacant Letill-ald
Futubs Devellplent
Public G aCconse
-nip.osaten .,.-ut
6/27/2002
5,633,614
S47,0ou.
enstobbons)
(1.360,396)
Appobod
Jul-14
and ..-I.Iud p.1c,
Jeffietwon Sheet
Let 18
011
3.023.064,
69AO
C.-O
347,000
hastrohnues)
i,
activity.
boonsuilualks,
None
P.bitt
o' . i. Go, Conose
License Ag..Mcnl
0
2014
Bub-c the pepurty Vue
nu City's Gebob.1 Men, ood
p-lbeebul - in T-x
&I-R-1, Sle-fi. Plin,
Un.b.. bad
Untic enotool
E-pt bOd pocceds.
bp.lcle t- the but be
in.roetwild,s
in
the piopefty --t be
PI.- I
pi-Osmed - the Ah.u,snb
S,I-,Robk Ubst abd PM-
(..= no
Southwest -
t=v:t.
--ed o po-b -
S-ynd-t- be
H- . bi�fld,og d-g-led
10-tt IC.'t..t
C1vh,sbdCnIW.IE-bb
City Intends W enter let. .
To benobct a public Gulf bboren
OfAva- 52 and
GC - Got
b. I,
b, sed to, p-t.
obunnnient,il
.' . e've, bit -it ... I OV.nts
Se-bbe -d R., ... bin
16
Me,
FM. D-I.phtebt
F-Ill
comPunnedfito, giniontent
W2712002
197,25g
12,150
nistoi
App.is.d-
Jul-141
and -lateel
Jeffismon Shend
LOt20
77740-012
105,850
2A3
C.b..
12,150
noulzi,$)
0
- ly'�
b-tennucton
None
f-hy, bd bulde, uses
Ub.bs. Agen ... ot
0
2014
Beb-so the pnopedy -
-sbd who T-
T.O.. noted
U.-Intold
E-pt bond poceeds,
nis,
"t "I'll
the be
popeiTy 'ab
Ph... I Eb-bnuicidsl
The City's Gen I Men, and
St-R-1, Dbet Ind Pol-
cul",
be
Scuth...t be
i-enos no
-O,el-d o powite -
S-ybd,� te,b,
&I-P-1, Spech. Men
10 C.bol C-toict
City Intends to enter into .
bon
To bensenuct , publi, Gulf -or.
of Awuh.c 51 end
GC - Go I
bond
- used I., prVid.
u-n-cubil
bp.lele th. fti, site be Used
So-ce und Rov.calet.
17
Va- LOVI-aod
I Folue, Development
I Public Goff C-se
I compensate, .91-11t
8/2-02
1 830,429
51,150
I-Ostbetions)
(200,631),
Appras it
J.1-14
and s-ii
JeffemonShout
Wt2l
1777490-013
1 "5,6181
10,23
C-mo
51,150,
--trictio's)
01
-t-y"
bonteonsodon
None
to, . Publk Gulf Couneu
Li ... s. Ag,.e..nt
0
2014
Bob.1s. the p, in ity -
he C�ty , Gbb..l P1.1, end
p. -sod In IV
g,lve,R.bl Speefic Plan
J- noted
U.-benound
E.-pt bond plueulads.
dip.lete th.t the sdo be
I
the popedy no. be
Phion 1 E.Iiinnotilidel
pose, d us the Ahnoinel.
Sillo,Rtick Dust Ind PM-
(.:=..t1
S.uth.bst bou-
--c- c'pHwdc neW
Shicyndeet- no
Ho- � bi�fldog desg.-
10 Cubb-Ol Concoct
Civic One Wit ... I E-ts
City Intends W lot., Into .
To -stobm it p.bl . golf co.od,
of A-- 52 -d
GC - Gulf
unions)
0' b-d I., 'pti-to
co'nonioutel
e a � I. b "'
I'd'
Se-e uod R-cable
IS
Public B,,Id,,g
Futie, Development
F-Ittes
compensation g,..ent
6/2712002
11 h'til o
150 000,
besib, 'id
0
Appbos.d
Jul-14,
nel --ted publ�- - -
Jeffebs., St,bet
W 1
777490-014
63,597
1 AS
C.-O
150,000
he sueld
0
Nona,
.."'Y' 0 el"t -1 es'
Lou- Ag,.O..,t