2021 10 05 Council-- GEM ofnce DESERT —
• PRESENTATION ITEM NOS. 3 & 4 City Council agendas and staff reports
PULLED FROM THE AGENDA are available on the City's
web page: www.LaQuintaCA.gov
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, OCTOBER 5, 2021
3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION
******************************
SPECIAL NOTICE
Teleconferencing and Telephonic Accessibility In Effect
Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of
California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in
response to the state of emergency relating to novel coronavirus disease 2019
(COVID-19) and enabling teleconferencing accommodations by suspending or
waiving specified provisions in the Ralph M. Brown Act (Government Code
§ 54950 etseq.), members of the public, the City Council, the City Manager, City
Attorney, City Staff, and City Consultants may participate in this regular meeting
by teleconference.
Members of the public wanting to listen to the open session of the meeting
may do so by tuning -in live via http://Iaquinta.12milesout.com/video/live.
Members of the public wanting to address the City Council, either for a specific
agenda item or matters not on the agenda are requested to follow the instructions
listed below:
Written public comments - can be provided in -person during the meeting or
emailed to the City Clerk's Office at CityClerkMail@LaQuintaCA.gov preferably
by 2:00 p.m. on the day of the meeting, and will be distributed to the City
Council, incorporated into the agenda packet and public record of the meeting,
and will not be read during the meeting unless, upon the request of the Mayor,
CITY COUNCIL AGENDA Page 1 of 8 OCTOBER 5, 2021
a brief summary of any public comment is asked to be read, to the extent the
City Clerk's Office can accommodate such request.
If emailed, the email "subject line" must clearly state "Written Comments" and
list the following:
1) Full Name 4) Public Comment or Agenda Item Number
2) City of Residence 5) Subject
3) Phone Number 6) Written Comments
*** TELECONFERENCE PROCEDURES ***
Verbal public comments via Teleconference — members of the public may
attend and participate in the meeting by teleconference via Zoom and use
the "raise your hand" feature when public comments are prompted by the Mayor;
the City will facilitate the ability for a member of the public to be audible to the
City Council and general public and allow him/her/they to speak on the item(s)
requested. Please note — members of the public must unmute themselves
when prompted upon being recognized by the Mayor, in order to become
audible to the City Council and the public.
Only one person at a time may speak by teleconference and only after being
recognized by the Mayor.
ZOOM LINK: https://us06web.zoom.us/i/81325311999
Meeting ID: 813 2531 1999
Or join by phone: (253) 215 — 8782
It would be appreciated that any email communications for public comments
related to the items on the agenda, or for general public comment, are provided
to the City Clerk's Office at the email address listed above prior to the
commencement of the meeting. If that is not possible, and to accommodate
public comments on items that may be added to the agenda after its initial
posting or items that are on the agenda, every effort will be made to attempt to
review emails received by the City Clerk's Office during the course of the meeting.
The Mayor will endeavor to take a brief pause before action is taken on any
agenda item to allow the City Clerk to review emails and share any public
comments received during the meeting. All emails received by the City Clerk, at
the email address above, until the adjournment of the meeting, will be included
within the public record relating to the meeting.
******************************
CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
CITY COUNCIL AGENDA Page 2 of 8 OCTOBER 5, 2021
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter
not listed on the agenda by providing written public comments either in -
person or via email as indicated above; or provide verbal public comments
either in -person or via teleconference by joining the meeting virtually at
https://us06web.zoom.us/i/81325311999 and use the "raise your hand"
feature when prompted by the Mayor. Members of the public attending the
meeting in -person are requested to complete a '"Request to Speak" form and
submit it to the City Clerk. Please limit your comments to three (3) minutes (or
approximately 350 words). The City Council values your comments; however,
in accordance with State law, no action shall be taken on any item not appearing
on the agenda unless it is an emergency item authorized by the Brown Act
[Government Code § 54954.2(b)].
CONFIRMATION OF AGENDA
CLOSED SESSION
1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO
SUBDIVISION (a) OF GOVERNMENT CODE § 54957. CONSULTATION
WITH: ALEXANDER JOHNSTON, SENIOR EMERGENCY MANAGEMENT
COORDINATOR; WILLIAM H. IHRKE, CITY ATTORNEY (Review Continued
Need and Response to Proclaimed State and Local Emergencies Caused by
COVID-19)
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION;
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2)
OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9
(NUMBER OF POTENTIAL CASES: 1)
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter
not listed on the agenda by providing written public comments either in -
person or via email as indicated above; or provide verbal public comments
either in -person or via teleconference by joining the meeting virtually at
https://us06web.zoom.us/i/81325311999 and use the "raise your hand"
CITY COUNCIL AGENDA Page 3 of 8 OCTOBER 5, 2021
feature when prompted by the Mayor. Members of the public attending the
meeting in -person are requested to complete a "Request to Speak" form and
submit it to the City Clerk. Please limit your comments to three (3) minutes (or
approximately 350 words). The City Council values your comments; however,
in accordance with State law, no action shall be taken on any item not appearing
on the agenda unless it is an emergency item authorized by the Brown Act
[Government Code § 54954.2(b)].
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
1. PROCLAMATION IN RECOGNITION OF NATIONAL FIRE PREVENTION WEEK
- OCTOBER 3 - 9, 2021
2. COACHELLA VALLEY WATER DISTRICT PRESENTATION ON "COACHELLA
VALLEY WATER MANAGEMENT: PLANNING AND IMPLEMENTATION" BY
WATER RESOURCES MANAGER ZOE RODRIGUEZ DEL REY AND DIRECTOR
OF COMMUNICATION AND CONSERVATION KATIE EVANS
3. Pulled from Agenda by City -,)rarl AMERICAN PUBLIC WGRK-S
ASSOCIATION SOUTHERN CALIFORNIA_ ■ ■ COACHELLA
BRANCH 2020 2021 TRAFFIC & MOBILITY PROJECT OF MERIT AWARD
PROIEC
4. Pulled from Aqenda by City Staff AMERICAN PUBLIC WORKS
SOUTHERN GALIFORNIA_ ■ ■ GGAGHELLA
BRANCH 2020 2021 RECREATIONAL FACILITIES PROjECT OF MERI
AWARE)■ THE SILVERRGCKPARK VENUE ■ ■
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1. APPROVE SPECIAL COUNCIL MEETING MINUTES OF SEPTEMBER 28,
2021
2. APPROVE DEMAND REGISTERS DATED SEPTEMBER 17 AND 24, 2021
3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SHADE
STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES, INC.
THROUGH SOURCEWELL COOPERATIVE PURCHASING FOR
INSTALLATION OF SHADE STRUCTURES AT MONTICELLO PARK
PROJECT NO. 2021-12
4. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND 69
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
CITY COUNCIL AGENDA Page 4 of 8 OCTOBER 5, 2021
MAP NO. 33336, PALO VERDE II, A RESIDENTIAL DEVELOPMENT
LOCATED ON THE NORTH SIDE OF AVENUE 58 WEST OF MADISON
STREET
5. ADOPT RESOLUTION TO ACKNOWLEDGE RECEIPT OF RIVERSIDE
COUNTY FIRE DEPARTMENT'S ANNUAL INSPECTION REPORT
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION
13146.4 [RESOLUTION NO. 2021-0361
6. ADOPT RESOLUTION TO AUTHORIZE APPLICATION AND DESIGNATION
OF THE CITY MANAGER AS AUTHORIZED AGENT FOR THE CITY FOR
PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE
PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY
[RESOLUTION NO. 2021-037]
7. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND
ADVERTISE FOR BID THE LAKE CAHUILLA ROAD PAVEMENT
IMPROVEMENT PROJECT NO. 2021-07
BUSINESS SESSION
PAGE
1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTION
3.25.055 OF THE LA QUINTA MUNICIPAL CODE RELATED TO NON -
ISSUANCE OF NEW SHORT-TERM VACATION RENTAL PERMITS TO
PROVIDE AN EXCEPTION FOR THE LA QUINTA RESORT TENNIS VILLAS
[ORDINANCE NO. 596]
2. APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS FOR FISCAL
YEAR 2021/22
3. APPROVE VETERAN NOMINATIONS FOR INCLUSION ON THE VETERANS'
ACKNOWLEDGEMENT MONUMENTS AT CIVIC CENTER CAMPUS
4. APPROVE AMENDMENT NO. 4 AND RELATED DOCUMENTS TO
PURCHASE, SALE, AND DEVELOPMENT AGREEMENT WITH SILVERROCK
DEVELOPMENT COMPANY, LLC. FOR SILVERROCK RESORT, AND
REQUIRE DEVELOPER TO PRESENT MONTHLY PROGRESS UPDATES AT
COUNCIL MEETINGS UNTIL FRAMING OF LUXURY HOTEL GUEST
ROOMS IS COMPLETE
STUDY SESSION - None.
PUBLIC HEARINGS - None.
CITY COUNCIL AGENDA Page 5 of 8 OCTOBER 5, 2021
DEPARTMENTAL REPORTS
1. CITY MANAGER
2. CITY ATTORNEY
3. CITY CLERK
4. COMMUNITY RESOURCES
5. DESIGN AND DEVELOPMENT
6. FINANCE
7. PUBLIC WORKS
MAYOR'S AND COUNCIL MEMBERS' ITEMS
REPORTS AND INFORMATIONAL ITEMS
1. CVAG CONSERVATION COMMISSION (Evans)
2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)
3. CVAG EXECUTIVE COMMITTEE (Evans)
4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)
5. IMPERIAL IRRIGATION DISTRICT - COACHELLA VALLEY ENERGY
COMMISSION (Evans)
6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)
7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)
8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)
9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi)
10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick)
11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi)
12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena)
13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)
14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick)
15. CANNABIS AD HOC COMMITTEE (Pena and Sanchez)
16. CVAG PUBLIC SAFETY COMMITTEE (Pena)
17. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena)
18. LEAGUE OF CALIFORNIA CITIES - PUBLIC SAFETY POLICY COMMITTEE (Pena)
19. IMPERIAL IRRIGATION DISTRICT - ENERGY CONSUMERS ADVISORY
COMMITTEE (Pena)
20. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD
HOC COMMITTEE (Pena and Radi)
21. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE
COMMITTEE (Radi)
22. CVAG TRANSPORTATION COMMITTEE (Radi)
23. SUNLINE TRANSIT AGENCY (Radi)
24. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi)
25. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez)
26. ANIMAL CAMPUS COMMISSION (Sanchez)
CITY COUNCIL AGENDA Page 6 of 8 OCTOBER 5, 2021
27. LEAGUE OF CALIFORNIA CITIES - TRANSPORTATION, COMMUNICATION
AND PUBLIC WORKS POLICY COMMITTEE (Sanchez)
28. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)
29. PLANNING COMMISSION MEETING MINUTES DATED JULY 13, 2021 191
ADJOURNMENT
The next regular meeting of the City Council will be held on October 19, 2021,
at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta,
CA 92253.
DECLARATION OF POSTING
I. Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that
the foregoing Agenda for the La Quinta City Council meeting was posted on the
City's website, near the entrance to the Council Chambers at 78495 Calle
Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630
Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas,
on October 1, 2021.
DATED: October 1, 2021
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
• The La Quinta City Council Chamber is handicapped accessible. If special equipment
is needed for the hearing impaired, please call the City Clerk's office at (760) 777-
7092, twenty-four (24) hours in advance of the meeting and accommodations will
be made.
• If special electronic equipment is needed to make presentations to the City Council,
arrangements should be made in advance by contacting the City Clerk's office at
(760) 777-7092. A one (1) week notice is required.
• If background material is to be presented to the Councilmembers during a City
Council meeting, please be advised that eight (8) copies of all documents, exhibits,
etc., must be supplied to the City Clerk for distribution. It is requested that this take
place prior to the beginning of the meeting.
CITY COUNCIL AGENDA Page 7 of 8 OCTOBER 5, 2021
• Any writings or documents provided to a majority of the City Council regarding any
item(s) on this agenda will be made available for public inspection at the Community
Development counter at City Hall located at 78495 Calle Tampico, La Quinta,
California, 92253, during normal business hours.
CITY COUNCIL AGENDA Page 8 of 8 OCTOBER 5, 2021
CONSENT CALENDAR ITEM NO. 1
CITY COUNCIL
SPECIAL MEETING
MINUTES
TUESDAY, SEPTEMBER 28, 2021
CALL TO ORDER
A special meeting of the La Quinta City Council was called to order at 4:45
p.m. by Mayor Evans.
This meeting provided teleconferencing accessibility pursuant to Executive
Orders N-60-20 and N-08-21 executed by the Governor of California, and
subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the
state of emergency relating to novel coronavirus disease 2019 (COVID-19) and
enabling teleconferencing accommodations by suspending or waiving specified
provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.).
PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk
Radeva, and Management Assistant McGinley
PLEDGE OF ALLEGIANCE
Councilmember Sanchez led the audience in the Pledge of Allegiance.
CONFIRMATION OF AGENDA - Confirmed
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None
BUSINESS SESSION
1. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS.
2021, CH. 165) [RESOLUTION NO. 2021-035]
Council waived presentation of the staff report, which is on file in the Clerk's
Office.
City Attorney Ihrke explained that following the declaration of a "state of
emergency" for the State of California, in an effort to reduce the spread of
CITY COUNCIL MINUTES Page 1 of 2 SEPTEMBER 28, 2021
SPECIAL MEETING 9
COVID-19, the Governor has issued several Executive Orders which
suspended and modified specific provisions of the Brown Act (Government
Code Section 54950 et seq.) and authorized local legislative bodies to hold
public meetings via teleconference, and to make public meetings accessible
telephonically or otherwise electronically to all members of the public seeking
to observe and address the local legislative body. The current Executive Order
N-08-21 in effect is set to expire effective September 30, 2021; however the
California legislature passed AB 361, codified under Government Code Section
54953, which waived certain provision of the Brown Act in order to allow local
agencies to continue to meet remotely; and it requires that the Council make
certain findings in accordance with AB 361 as outlined in the proposed
resolution.
MOTION - A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to adopt Resolution No. 2021-035 authorizing the City
Manager to implement and utilize teleconference accessibility to conduct
public meetings pursuant to Assembly Bill 361 (Stats. 2021, ch. 165) as
recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT
TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC
MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)
Motion passed unanimously.
MAYOR'S AND COUNCIL MEMBERS' ITEMS - None
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn at 4:48 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES Page 2 of 2 SEPTEMBER 28, 2021
SPECIAL MEETING 10
Cityof La Quinta CONSENT CALENDAR ITEM NO.2
CITY COUNCIL MEETING: October 5, 2021
STAFF REPORT
AGENDA TITLE- APPROVE DEMAND REGISTERS DATED SEPTEMBER 17 AND 241
2021.
RECOMMENDATION
Approve demand registers dated September 17 and 24, 2021.
EXECUTIVE SUMMARY - None
FISCAL IMPACT
Demand of Cash:
City $ 2,703,325.26
Successor Agency of RDA $ -
Housing Authority $ 12,431.59
$ 2,715,756.85
BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1
details the weekly demand registers for September 17 and 24, 2021.
Warrants Issued:
205855-205913
205914-205973
Wire Transfers
Voids
Payroll Tax Transfers
Payroll Check # 37613
Payroll Check # 37614
Payroll Direct Deposit
$
1,445,767.64
$
849, 087.87
$
171, 694.22
$
138.52
$
45,160.21
$
46.17
$
92.35
$
203,769.87
$
2,715,756.85
In the amounts listed above, two checks were voided and reissued due to a
check printing issue.
11
The most significant expenditures on the demand registers are:
Vendor
Riverside County Sheriff
East of Madison LLC
Account Name Amount Purpose
Various $ 1,122,851.90 Police Service/Motor
Fuel Charges
Developer
Reimbursements
ND La Quinta Partners LLC Developer
Reimbursements
Spohn Ranch Inc Construction
NAI Consulting Inc Various
$ 210,000.00 Dev. Deposit
Reimbursement
$ 145,000.00 Dev. Deposit
Reimbursement
$ 143,924.93 X-Park Construction
$ 93,634.64 Construction &
Engineering Services
Wire Transfers: Ten transfers totaled $171,694. Of this amount, $120,294 was
to Landmark, and $40,489 was to CALPERS. (See Attachment 2 for a complete
listing).
Investment Transactions: Full details of investment transactions as well as
total holdings are reported quarterly in the Treasurer's Report.
Transaction Issuer Type Par Value
Purchase ConnectOne Bank CD $ 248,000
Prepared by: Jesse Batres, Account Technician
Approved by: Rosemary Hallick, Financial Services Analyst
Attachments:1. Demand Registers
2. Wire Transfers
Settle
Coupon
Date
Rate
9/24/21
0.800%
12
Attachment 1
City of La Quinta
Demand Register
Packet: APPKT02919 - 09/17/2021 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
Fund: 101-GENERAL FUND
WILLDAN
205913
06/03-07/02/21- VILLAGE PARKING STUDY
Professional Services
101-6002-60103
4,615.50
DATA TICKET, INC.
205866
07/2021- RCDAS CITATION PROCESSING
Administrative Citation Services
101-6004-60111
500.00
TIME WARNER CABLE
205906
09/03-10/02/21- FS #93 INTERNET (3514)
Cable/Internet - Utilities
101-2002-61400
99.99
TIME WARNER CABLE
205906
08/29-09/28/21- FS #32 INTERNET (6491)
Cable/Internet - Utilities
101-2002-61400
99.99
CORTEZ, ELISABETH
2O5865
07/29/21 - YOGA CLASS
Instructors
101-3002-60107
117.60
JOHNSON, KAREN T. PAYNE
205879
08/13/21 - STRETCH & RESTORE CLASS
Instructors
101-3002-60107
225.00
SHIRY, TERESA
205897
08/13/21 - LINE DANCING CLASS
Instructors
101-3002-60107
157.50
CORTEZ, ELISABETH
2O5865
08/13/21 - YOGA CLASS
Instructors
101-3002-60107
252.00
JAN NOVAK PICKLEBALL
205877
08/13/21 - PICKLEBALL CLASS
Instructors
101-3002-60107
520.00
JOHNSON, KAREN T. PAYNE
205879
08/13/21 - SCULPT FIT CORE CLASS
Instructors
101-3002-60107
270.00
EISENHOWER MEDICAL CENTER
205870
07/29/21 - SEXUAL ASSAULT EXAM LA212...
Sexual Assault Exam Fees
101-2001-60193
1,200.00
PALMS TO PINES PRINTING
205891
09/09/21 - LED LIGHT UP FOAM STICKS (2...
Marketing & Tourism Promoti...
101-3007-60461
938.50
PALMS TO PINES PRINTING
205891
09/13/2021 - SPIRAL NOTEBOOKS (300)
Marketing & Tourism Promoti...
101-3007-60461
954.26
SOUTHLAND APLIANCE SERVICE
205899
09/03/21 - FS # 32 REFRIGERATOR REPAIRS
Maintenance/Services
101-2002-60691
625.00
SHIRY, TERESA
205897
09/10/21 - LINE DANCING CLASS
Instructors
101-3002-60107
201.60
JOHNSON, KAREN T. PAYNE
205879
09/10/21 - STRETCH & RESTORE CLASS
Instructors
101-3002-60107
175.00
CORTEZ, ELISABETH
2O5865
09/10/21 - YOGA CLASS
Instructors
101-3002-60107
224.00
JOHNSON, KAREN T. PAYNE
205879
09/10/21 - SCULPT FIT CORE CLASS
Instructors
101-3002-60107
210.00
CORTEZ, ELISABETH
2O5865
09/13/21 - YOGA CLASS
Instructors
101-3002-60107
42.00
SHIRY, TERESA
205897
09/13/21 - LINE DANCING CLASS
Instructors
101-3002-60107
29.40
MCCUNE, KEVIN
205882
09/14/21 - RETURN CHECK FEE REIMBURS...
Administration
101-1006-60102
12.00
GARDAWORLD
205876
09/2021- ARMORED SVCS
Professional Services
101-1006-60103
238.08
THE LAMAR COMPANIES
205904
08/23-09/19/21- DIGITAL BILLBOARDS
Marketing & Tourism Promoti...
101-3007-60461
2,750.00
FROSTY'S AIR CONDITIONING ...
205875
09/07/21 - MINI SPLIT PURCHASE/INSTAL...
HVAC
101-3008-60667
4,485.00
DATA TICKET, INC.
205866
07/2021- CODE CITATION PROCESSING
Administrative Citation Services
101-6004-60111
688.50
DATA TICKET, INC.
205866
07/2021- POLICE CITATION PROCESSING
Administrative Citation Services
101-6004-60111
925.57
ON THE FLY TREE & PLANT HE...
205889
09/02/21 - FIRE ANT ERADICATION
Maintenance/Services
101-3005-60691
300.00
OFFICE DEPOT
205887
09/02/21 - RETURN COFFEE
Office Supplies
101-6004-60400
-44.70
OFFICE DEPOT
205887
08/31/21 - COFFEE
Office Supplies
101-6004-60400
54.69
NAI CONSULTING INC
205885
07/2021 REGIONAL SCOUR ANALYSIS
Professional Services
101-7006-60103
1,065.00
NAI CONSULTING INC
205885
07/2021 CAPITAL IMPROVEMENT PLAN
Consultants
101-7006-60104
990.00
NAI CONSULTING INC
205885
08/2021 REGIONAL SCOUR ANALYSIS
Professional Services
101-7006-60103
1,192.50
NAI CONSULTING INC
205885
08/2021 CV LINK REVIEW
Consultants
101-7006-60104
155.00
ANSAFONE CONTACT CENTERS
205858
08/02-08/29/21- PM 10 ANSWERING SER...
PM 10 - Dust Control
101-7006-60146
148.86
VINTAGE ASSOCIATES
205910
08/31/21 - PRUNE TREES & REMOVE SHR...
Maintenance/Services
101-3005-60691
4,400.00
VINTAGE ASSOCIATES
205910
08/31/21 - MAIN LINES REPAIRS AT SRR
Maintenance/Services
101-3005-60691
920.00
VINTAGE ASSOCIATES
205910
09/13/21 - PALM TREE REMOVAL
Maintenance/Services
101-3005-60691
1,300.00
CIGNA HEALTH CARE
205863
09/2021- DENTAL INSURANCE
Dental Insurance Pay
101-0000-20943
7,839.02
FLAGS A FLYING
205873
08/30/21 - FLAGS
Materials/Supplies
101-3008-60431
910.00
FEDEX
205871
08/26/21 - OVERNIGHT MAIL
Postage
101-1007-60470
43.03
STAPLES ADVANTAGE
205900
08/30/21 - RULER
Office Supplies
101-1006-60400
1.62
STAPLES ADVANTAGE
205900
09/09/21 - OFFICE SUPPLIES
Operating Supplies
101-6006-60420
36.18
STAPLES ADVANTAGE
205900
09/07/21 - PENS
Office Supplies
101-7001-60400
147.30
SUMMIT SAFETY LLC
205901
09/07/21 - UNIFORMS
Uniforms
101-7006-60690
353.83
SOUTH COAST AIR QUALITY M...
205898
WC FY 20-21- LATE PAYMENT FEE
Annual Permits/Inspections
101-3008-60196
20.46
SOUTH COAST AIR QUALITY M...
205898
WC FY 20-21- FLAT EMISSIONS FEE
Annual Permits/Inspections
101-3008-60196
136.40
BIO-TOX LABORATORIES
205860
07/23/21 - BLOOD/ALCOHOL ANALYSIS
Blood/Alcohol Testing
101-2001-60174
397.00
BIO-TOX LABORATORIES
205860
07/09/21 & 07/23/21- BLOOD/ALCOHOL ...
Blood/Alcohol Testing
101-2001-60174
1,543.00
BRUDVIK
205861
07/29-08/25/21- GENERATOR RENTAL FO...
Machinery & Equipment
101-2002-80101
4,220.00
SOUTH COAST AIR QUALITY M...
205898
09/09/21 - WC GEN PERMIT REINSTMT G4...
Annual Permits/Inspections
101-3008-60196
421.02
KUSTOM SIGNALS INC
205880
03/19/21 - SPEED GUN REPAIR
Special Enforcement Funds
101-2001-60175
378.33
ROBERT HALF TECHNOLOGY
205896
09/03/21 - TEMP AGENCY SERVICES M.G...
Temporary Agency Services
101-6006-60125
1,197.12
OFFICE TEAM
205888
09/03/21 - TEMP AGENCY SERVICES T.SU...
Temporary Agency Services
101-6006-60125
674.99
9/27/2021 11:08:00 AM
Page 1 of 5
13
Demand Register Packet: APPKT02919 - 09/17/2021 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
MUNIREVS INC
205884
09/2021- STVR CONTRACT SERVICES
Professional Services
101-6006-60103
4,120.00
MUNIREVS INC
205884
08/31/21 - 247 BILLNGUAL COMPLAINT...
Professional Services
101-6006-60103
-900.00
MUNIREVS INC
205884
08/2021- STVR CONTRACT SERVICES
Professional Services
101-6006-60103
4,120.00
MUNIREVS INC
205884
10/2021- STVR CONTRACT SERVICES
Professional Services
101-6006-60103
3,820.00
VINTAGE E & S INC
205911
09/02/21 - CH LED LIGHTING INSTALLATI...
Maintenance/Services
101-3008-60691
833.35
VINTAGE E & S INC
205911
09/02/21 - LQ PARK RESTROOM LIGHTING...
Maintenance/Services
101-3008-60691
451.26
AMERICAN FORENSIC NURSES ...
205857
07/28/21 - BLOOD/ALCOHOL ANALYSIS
Blood/Alcohol Testing
101-2001-60174
55.00
PETERS, JAMES
205892
07/26/21 - QSP RENEWAL FEE REIMB J.PE...
Travel & Training
101-7006-60320
95.00
JNS MEDIA SPECIALISTS
205878
08/2021 INVOICES & 09/2021 RETAINER
Marketing & Tourism Promoti...
101-3007-60461
10,027.38
T-MOBILE
205907
08/26-09/04/20 - GPS LOCATE LA2022500...
Special Enforcement Funds
101-2001-60175
510.00
VERIZON WIRELESS
205909
07/26-08/25/21- LQPD CELL (6852)
Telephone - Utilities
101-2001-61300
877.33
DEPARTMENT OF ANIMAL SER...
205868
07/2021- ANIMAL SERVICES
Animal Shelter Contract Service
101-6004-60197
16,457.84
THE LOCK SHOP, INC
205905
08/18/21 - MATERIALS
Materials/Supplies
101-3008-60431
115.31
THE LOCK SHOP, INC
205905
09/09/21 -KEYS
Materials/Supplies
101-3008-60431
68.53
DESERT RESORT MANAGEMENT
205869
09/2021- SECURITY PATROL SERVICES
Professional Services
101-6004-60103
3,648.15
WALTERS WHOLESALE ELECTR...
205912
09/03/21 - ELECTRICAL SUPPLLIES
Operating Supplies
101-7003-60420
70.75
FRONTIER COMMUNICATIONS...
205874
09/2021- LQ PARK PHONE
Telephone - Utilities
101-3005-61300
48.14
FRONTIER COMMUNICATIONS...
205874
08/28-09/27/21- SPORT COMPLEX PHONE
Telephone - Utilities
101-3005-61300
38.65
RIVERSIDE COUNTY SHERIFF D...
205895
07/25-08/24/21- MOTOR FUEL CHARGES
Sheriff - Other
101-2001-60176
508.29
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Sheriff Patrol
101-2001-60161
690,336.56
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Police Overtime
101-2001-60162
17,931.73
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Target Team
101-2001-60163
133,251.85
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Community Services Officer
101-2001-60164
56,647.50
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Gang Task Force
101-2001-60166
15,294.40
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Narcotics Task Force
101-2001-60167
15,294.40
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Motor Officer
101-2001-60169
96,554.45
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Dedicated Sargeants
101-2001-60170
34,412.42
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Dedicated Lieutenant
101-2001-60171
23,384.00
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Sheriff - Mileage
101-2001-60172
27,960.75
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21- LAW ENFORCEMENT BP...
Special Enforcement Funds
101-2001-60175
8,368.37
LEICA GEOSYSTEMS, INC
205881
07/29/21 - UNDERGROUND LOCATOR
Tools/Equipment
101-7003-60432
352.60
Fund 101 - GENERAL FUND
Total:
1,214,111.15
Fund: 201- GAS TAX FUND
TOPS' N BARRICADES INC
205908
09/17/21 - TRAFFIC CONTROL SIGNS
Traffic Control Signs
201-7003-60429
986.58
TOPS' N BARRICADES INC
205908
09/08/21 - TRAFFIC CONTROL SIGNS
Traffic Control Signs
201-7003-60429
403.79
Fund 201 - GAS TAX FUND
Total:
1,390.37
Fund: 202 - LIBRARY & MUSEUM FUND
VINTAGE E & S INC
205911
08/26/21- FIVE DUPLEX RECEPTACLES SVC...
Maintenance/Services
202-3006-60691
1,422.44
PACIFIC WEST AIR CONDITION...
205890
07/21/21 - HVAC REPAIRS
HVAC
202-3004-60667
795.00
Fund 202 - LIBRARY & MUSEUM FUND
Total:
2,217.44
Fund: 212 - SLESA (COPS) FUND
RIVERSIDE COUNTY SHERIFF D...
205895
07/01-07/28/21 - LAW ENFORCEMENT BP...
COPS Burglary/Theft Preventi...
212-0000-60179
2,907.18
Fund 212 - SLESA (COPS) FUND
Total:
2,907.18
Fund: 215 - LIGHTING & LANDSCAPING FUND
VINTAGE E & S INC
205911
08/09/21 - STREET IRRIGATION TIME CLO...
Maintenance/Services
215-7004-60691
322.66
PWLC II, INC
205894
08/26/21 - TREE PURCHASE/INSTALLATION
Materials/Supplies
215-7004-60431
1,068.00
Fund 215 - LIGHTING
& LANDSCAPING FUND
Total:
1,390.66
Fund: 401- CAPITAL IMPROVEMENT
PROGRAMS
NAI CONSULTING INC
205885
07/2021 LA QUINTA X PARK
Professional Services
401-0000-60103
1,500.00
NAI CONSULTING INC
205885
07/2021 EISENHOWER RETENTION BASIN ...
Professional Services
401-0000-60103
4,700.00
NAI CONSULTING INC
205885
07/2021 CITYWIDE PUBLIC SAFETY CAME...
Professional Services
401-0000-60103
775.00
NAI CONSULTING INC
205885
07/2021 DUNE PALMS BRIDGE IMPROVE...
Professional Services
401-0000-60103
8,530.00
NAI CONSULTING INC
205885
07/2021 LA QUINTA LANDSCAPE RENOVAT..
Professional Services
401-0000-60103
2,132.50
NAI CONSULTING INC
205885
07/2021 MONROE STREET PAVEMENT RE...
Professional Services
401-0000-60103
155.00
NAI CONSULTING INC
205885
07/2021 HIGHWAY 111 CORRIDOR
Professional Services
401-0000-60103
630.00
NAI CONSULTING INC
205885
07/2021 CITYWIDE DRAINAGE ENHANCE...
Professional Services
401-0000-60103
37.50
NAI CONSULTING INC
205885
07/2021 WASHINGTON STREET AT FRED ...
Professional Services
401-0000-60103
2,525.00
NAI CONSULTING INC
205885
07/2021 SILVERROCK EVENT SPACE
Professional Services
401-0000-60103
2,400.00
NAI CONSULTING INC
205885
07/2021 VILLAGE ART/CULTURAL PLAZA
Professional Services
401-0000-60103
310.00
9/27/2021 11:08:00 AM
Page 2 of 5
14
Demand Register
Packet: APPKT02919 - 09/17/2021 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
NAI CONSULTING INC
205885
07/2021 SILVERROCK RESORT INFRASTRU...
Professional Services
401-0000-60103
1,897.50
NAI CONSULTING INC
205885
07/21 PAVEMENT MANAGEMENT PLAN 5...
Professional Services
401-0000-60103
10,175.00
NAI CONSULTING INC
205885
07/2021 LA QUINTA VILLAGE COMPLETE S...
Professional Services
401-0000-60103
1,012.50
NAI CONSULTING INC
205885
07/2021 FRITZ BURNS PARK IMPROVEME...
Professional Services
401-0000-60103
310.00
NAI CONSULTING INC
205885
07/2021 SRR RETENTION BASIN SOIL STAB...
Professional Services
401-0000-60103
1,332.50
NAI CONSULTING INC
205885
07/2021 FIRE STATION 70 REVITALIZATION
Professional Services
401-0000-60103
3,845.00
NAI CONSULTING INC
205885
07/2021JEFFERSON STREET AT AVENUE 5...
Professional Services
401-0000-60103
2,565.00
NAI CONSULTING INC
205885
08/21 CITYWIDE PUBLIC SAFETY CAMERA ...
Professional Services
401-0000-60103
812.50
NAI CONSULTING INC
205885
08/2021 LA QUINTA VILLAGE COMPLETE S...
Professional Services
401-0000-60103
2,630.00
NAI CONSULTING INC
205885
08/2021 LA QUINTA X PARK
Professional Services
401-0000-60103
1,587.50
NAI CONSULTING INC
205885
08/21 JEFFERSON STREET AT AVENUE 53 ...
Professional Services
401-0000-60103
3,142.50
NAI CONSULTING INC
205885
08/21 PAVEMENT MANAGEMENT PLAN S...
Professional Services
401-0000-60103
15,585.00
NAI CONSULTING INC
205885
08/2021 DUNE PALMS BRIDGE IMPROVE...
Professional Services
401-0000-60103
5,875.00
NAI CONSULTING INC
205885
08/21 VILLAGE ART/CULTURAL PLAZA
Professional Services
401-0000-60103
465.00
NAI CONSULTING INC
205885
08/2021 SILVERROCK RESORT INFRASTRU...
Professional Services
401-0000-60103
1,470.00
NAI CONSULTING INC
205885
08/21 WASHINGTON STREET AT FRED WA...
Professional Services
401-0000-60103
1,169.64
NAI CONSULTING INC
205885
08/21 LA QUINTA LANDSCAPE RENOVATI...
Professional Services
401-0000-60103
3,920.00
NAI CONSULTING INC
205885
08/2021 SILVERROCK EVENT SPACE
Professional Services
401-0000-60103
1,240.00
NAI CONSULTING INC
205885
08/2021 SRR RETENTION BASIN SOIL STAB...
Professional Services
401-0000-60103
2,462.50
NAI CONSULTING INC
205885
08/21 EISENHOWER RETENTION BASIN LA...
Professional Services
401-0000-60103
465.00
NAI CONSULTING INC
205885
08/2021 FIRE STATION 70 REVITALIZATION
Professional Services
401-0000-60103
2,210.00
NAI CONSULTING INC
205885
08/2021 HIGHWAY 111 CORRIDOR
Professional Services
401-0000-60103
2,365.00
BENGAL ENGINEERING INC
205859
07/2021- DUNE PALMS BRIDGE LOW WA...
Design
401-0000-60185
7,765.70
CONVERGINT TECHNOLOGIES ...
205864
08/16/21 - 2020-03 RETENTION PAYMENT...
Retention Payable
401-0000-20600
-436.90
CONVERGINTTECHNOLOGIES...
205864
08/16/21-2020-03PROGRESS PAYMENT ...
Construction
401-0000-60188
8,738.00
PLANIT REPROGRAPHICS SYST...
205893
09/07/21 - 2020-01 CONSTRUCTION SET
Construction
401-0000-60188
162.09
Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total:
106,461.03
Fund: 501- FACILITY & FLEET REPLACEMENT
A & J TRUCK REPAIR
205855
09/07/21 - BUCKET TRUCK MAINT & CERT
Vehicle Repair & Maintenance 501-0000-60676
1,157.95
THE GAS COMPANY
205903
08/2021- SWEEPER FUEL
Street Sweeper
501-0000-60678
13.79
Fund 501 -
FACILITY & FLEET REPLACEMENT Total:
1,171.74
Fund: 502 - INFORMATION TECHNOLOGY
TIME WARNER CABLE
205906
09/2021- C.H CABLE (4625)
Cable/Internet - Utilities
502-0000-61400
171.62
DECKARD TECHNOLOGIES, INC.
205867
07/01/21-03/31/22 - RENTALSCAPE PAYM...
Software Licenses
502-0000-60301
10,000.00
FISHER INTEGRATED INC
205872
08/2021- MONTHLY FLAT FEE FOR CC VID...
Consultants
502-0000-60104
800.00
SUPERION, LLC
205902
07/01/21-06/30/22 - ETRAK IT SOFTWARE...
Software Licenses
502-0000-60301
72,957.94
ACORN TECHNOLOGY SERVICES
205856
09/2021- IT SERVICES
Consultants
502-0000-60104
25,040.00
VERIZON WIRELESS
205909
08/02-09/01/21- BACKUP SERVER (2183)
Cable/Internet - Utilities
502-0000-61400
65.77
VERIZON WIRELESS
205909
08/02-09/01/21- CITY (PADS (5587)
Cell/Mobile Phones
502-0000-61301
1,153.33
VERIZON WIRELESS
205909
08/02-09/01/21- CITY CELL SVC (5496)
Cell/Mobile Phones
502-0000-61301
2,364.16
MICROSOFT CORPORATION
205883
08/10-09/09/21- MS AZURE ONLINE SVCS
Software Licenses
502-0000-60301
793.21
CDW GOVERNMENT INC
205862
08/13/2021 - SHADOW PROTECT LIC FOR ...
Software Licenses
502-0000-60301
794.80
FRONTIER COMMUNICATIONS...
205874
09/03-10/02/21- 2ND CITY INTERNET LINE
Cable/Internet - Utilities
502-0000-61400
1,190.00
FRONTIER COMMUNICATIONS...
205874
08/27-09/26/21- BLACKHAWK/LQ PARK D...
Cable/Internet - Utilities
502-0000-61400
75.98
Fund 502 - INFORMATION TECHNOLOGY Total:
115,406.81
Fund: 601- SILVERROCK RESORT
GARDAWORLD
205876
09/2021- SRR ARMORED SVCS
Bank Fees
601-0000-60455
648.65
GARDAWORLD
205876
08/2021- SRR ARMORED SVCS
Bank Fees
601-0000-60455
62.61
Fund 601 - SILVERROCK RESORT Total:
711.26
Grand Total: 1,445,767.64
9/27/2021 11:08:00 AM
15
Page 3 of 5
Demand Register
Packet: APPKT02919-09/17/202116
Fund Summary
Fund
101 - GENERAL FUND
201 - GAS TAX FUND
202 - LIBRARY & MUSEUM FUND
212 - SLESA (COPS) FUND
215 - LIGHTING & LANDSCAPING FUND
401 - CAPITAL IMPROVEMENT PROGRAMS
501 - FACILITY & FLEET REPLACEMENT
502 - INFORMATION TECHNOLOGY
601 - SILVERROCK RESORT
Account Number
101-0000-20943
101-1006-60102
101-1006-60103
101-1006-60400
101-1007-60470
101-2001-60161
101-2001-60162
101-2001-60163
101-2001-60164
101-2001-60166
101-2001-60167
101-2001-60169
101-2001-60170
101-2001-60171
101-2001-60172
101-2001-60174
101-2001-60175
101-2001-60176
101-2001-60193
101-2001-61300
101-2002-60691
101-2002-61400
101-2002-80101
101-3002-60107
101-3005-60691
101-3005-61300
101-3007-60461
101-3008-60196
101-3008-60431
101-3008-60667
101-3008-60691
101-6002-60103
101-6004-60103
101-6004-60111
101-6004-60197
101-6004-60400
101-6006-60103
101-6006-60125
101-6006-60420
101-7001-60400
101-7003-60420
101-7003-60432
101-7006-60103
101-7006-60104
101-7006-60146
101-7006-60320
Grand Total
Account Summary
Account Name
Dental Insurance Pay
Administration
Professional Services
Office Supplies
Postage
Sheriff Patrol
Police Overtime
Target Team
Community Services Offic...
Gang Task Force
Narcotics Task Force
Motor Officer
Dedicated Sargeants
Dedicated Lieutenant
Sheriff - Mileage
Blood/Alcohol Testing
Special Enforcement Funds
Sheriff - Other
Sexual Assault Exam Fees
Telephone - Utilities
Maintenance/Services
Cable/Internet - Utilities
Machinery & Equipment
Instructors
Maintenance/Services
Telephone - Utilities
Marketing & Tourism Pro...
Annual Permits/Inspectio...
Materials/Supplies
HVAC
Maintenance/Services
Professional Services
Professional Services
Administrative Citation Se...
Animal Shelter Contract 5...
Office Supplies
Professional Services
Temporary Agency Servic...
Operating Supplies
Office Supplies
Operating Supplies
Tools/Equipment
Professional Services
Consultants
PM 10 - Dust Control
Travel & Training
Expense Amount
1,214,111.15
1,390.37
2,217.44
2,907.18
1,390.66
106,461.03
1,171.74
115,406.81
711.26
1,445,767.64
Expense Amount
7,839.02
12.00
238.08
1.62
43.03
690,336.56
17,931.73
133,251.85
56,647.50
15, 294.40
15, 294.40
96,554.45
34,412.42
23,384.00
27,960.75
1,995.00
9,256.70
508.29
1,200.00
877.33
625.00
199.98
4,220.00
2,424.10
6,920.00
86.79
14,670.14
577.88
1,093.84
4,485.00
1,284.61
4,615.50
3,648.15
2,114.07
16,457.84
9.99
11,160.00
1,872.11
36.18
147.30
70.75
352.60
2,257.50
1,145.00
148.86
95.00
9/27/2021 11:08:00 AM
16
Page 4 of 5
Demand Register
Packet: APPKT02919-09/17/20211B
Account Summary
Account Number
Account Name
Expense Amount
101-7006-60690
Uniforms
353.83
201-7003-60429
Traffic Control Signs
1,390.37
202-3004-60667
HVAC
795.00
202-3006-60691
Maintenance/Services
1,422.44
212-0000-60179
COPS Burglary/Theft Prev...
2,907.18
215-7004-60431
Materials/Supplies
1,068.00
215-7004-60691
Maintenance/Services
322.66
401-0000-20600
Retention Payable
-436.90
401-0000-60103
Professional Services
90,232.14
401-0000-60185
Design
7,765.70
401-0000-60188
Construction
8,900.09
501-0000-60676
Vehicle Repair & Mainte...
1,157.95
501-0000-60678
Street Sweeper
13.79
502-0000-60104
Consultants
25,840.00
502-0000-60301
Software Licenses
84,545.95
502-0000-61301
Cell/Mobile Phones
3,517.49
502-0000-61400
Cable/Internet - Utilities
1,503.37
601-0000-60455
Bank Fees
711.26
Grand Total:
1,445,767.64
Project Account Summary
Project Account Key
Project Account Name
Project Name
Expense Amount
**None**
**None**
**None**
1,324,192.17
111205D
Design Expense
Dune Palms Bridge Imp/BRLKS-543
7,765.70
111205P
Professional Expense
Dune Palms Bridge Imp/BRLKS-543
14,405.00
141513P
Professional Expense
SilverRock Way Infra/Street Impro,
3,367.50
151603P
Professional Expense
La Quinta Village Complete St-ATP'
3,642.50
151609P
Professional Expense
La Quinta X Park
3,087.50
201603P
Professional Expense
La Quinta Landscape Renovation Ir
6,052.50
201608P
Professional Expense
SilverRock Event Space
3,640.00
201701P
Professional Expense
Washington Street at Fred Waring
3,694.64
201704P
Professional Expense
Eisenhower Retention Basin Lands
5,165.00
201709P
Professional Expense
Ave 53 Jefferson St.Roundabout
5,707.50
201901P
Professional Expense
Village Art Plaza Promenade & Cull
775.00
201905P
Professional Expense
Highway 111 Corridor Area Plan Irr
2,995.00
201907P
Professional Expense
Fire Station 70 Revitalization
6,055.00
201919P
Professional Expense
Regional Scour Analysis
2,257.50
20200lCT
Construction Expense
Monroe Street Pavement Rehab (P
162.09
202001P
Professional Expense
Monroe Street Pavement Rehab (P
155.00
202003CT
Construction Expense
Citywide Public Safety Camera Sysi
8,738.00
202003P
Professional Expense
Citywide Public Safety Camera Sysi
1,587.50
202003RP
Retention Payable
Citywide Public Safety Camera Sysi
-436.90
202007P
Professional Expense
SilverRock Retention Basin Soil Sta
3,795.00
202102P
Professional Expense
Fritz Burns Park Improvements
310.00
2122DRAP
Professional Expense
Citywide Drainage Enhancements
37.50
2122PMPP
Professional Expense
FY21/22 Pavement Management F
25,760.00
CSA152E
CSA 152 Expenses
CSA 152 Project Tracking
108.79
STVRE
Short Term Vacation Rental Expense
Short Term Vacation Rental Trackit
12,748.15
Grand Total:
1,445,767.64
9/27/2021 11:08:00 AM
17
Page 5 of 5
4�a City of La Quinta
CALU :M -
Demand Register
Packet: APPKT02923 - 09/24/2021 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
Fund: 101- GENERAL FUND
UNITED WAY OF THE DESERT
205969
CONTRIBUTION
United Way Deductions
101-0000-20981
42.00
TIME WARNER CABLE
205965
09/05-10/04/21- FS #32 INTERNET (1841)
Cable/Internet - Utilities
101-2002-61400
10.56
FERGUSON ENTERPRISES, INC
205930
09/13/21 - MATERIALS
Materials/Supplies
101-3008-60431
2,037.58
CALIFORNIA PARK & RECREAT...
205920
09/2021-08/2022 - MEMBERSHIP A.RODR...
Membership Dues
101-3005-60351
150.00
CALIFORNIA PARK & RECREAT...
205920
09/2021-08/2022 - MEMBERSHIP B.TELLEZ
Membership Dues
101-3005-60351
145.00
CALIFORNIA PARK & RECREAT...
205920
09/2021-08/2022 - MEMBERSHIP R.ALVA...
Membership Dues
101-3005-60351
150.00
111 NOTARY SERVICES
205914
08/02/21 - REC INSTRUCTOR LIVES SCAN F...
Instructors
101-3002-60107
15.00
SUNBROOK BROTHERS LLC
205961
09/13/21 - CITATION DISMISSAL LQ160409
Administrative Citations
101-0000-42700
3,000.00
SOUTHWEST AQUATICS INC
205958
09/2021- LAKE MAINTENANCE SERVICES
Civic Center Lake Maintenance
101-3005-60117
1,350.00
SOUTHWEST AQUATICS INC
205958
09/2021- LAKE MAINTENANCE SERVICES
SilverRock Lake Maintenance
101-3005-60189
1,350.00
VISIT GREATER PALM SPRINGS
205972
FY 20/21 FUNDING RECONCILIATION
VGPS - Visit Greater Palm Spri...
101-3007-60151
25,102.45
ONE ELEVEN LA QUINTA LLC
205948
09/23/21 - SALES TAX REIMB QTR ENDING...
Sales Tax Reimbursements
101-1007-60535
15,261.22
HR GREEN PACIFIC INC
205939
07/2021- ON CALL PLAN REVIEW
Plan Checks
101-6003-60118
585.00
HR GREEN PACIFIC INC
205939
08/2021- ON CALL PLAN REVIEW
Plan Checks
101-6003-60118
195.00
QUINN COMPANY
205953
09/14-09/16/21- DUMP TRUCK RENTAL
Materials/Supplies
101-3005-60431
562.17
OFFICE DEPOT
205946
09/02/21 - RETURNED COFFEE
Office Supplies
101-6004-60400
-97.56
OFFICE DEPOT
205946
08/25/21 - CODE OFFICE SUPPLIES
Office Supplies
101-6004-60400
89.40
OFFICE DEPOT
205946
09/13/21 - OFFICE COPY PAPER
Forms, Copier Paper
101-1007-60402
45.56
OFFICE DEPOT
205946
09/13/21 - OFFICE K-CUPS
Citywide Supplies
101-1007-60403
29.06
OFFICE DEPOT
205946
09/16/21 - OFFICE SUPPLIES
Office Supplies
101-1006-60400
55.32
OFFICE DEPOT
205946
09/08/21- CODE OFFICE SUPPLIES
Office Supplies
101-6004-60400
56.10
DESERT CONCEPTS CONSTRUC...
205926
09/15/21 - SRR PARK CIRCULATION PUMP...
Materials/Supplies
101-3005-60431
3,685.00
VINTAGE ASSOCIATES
205971
09/2021- MONTHLY MAINTENANCE
Landscape Contract
101-3005-60112
48,536.32
MOWERS PLUS INC
205943
09/08/21 - MATERIALS FOR EQUIPMENT
Operating Supplies
101-7003-60420
258.59
BANK OF NEW YORK MELLON
205918
06/01-08/31/21- BANK FEES
Administration
101-1006-60102
1,629.05
LH PRODUCTIONS
205942
09/13/21 - 9/11 EVENT AV SERVICES
Community Experiences
101-3003-60149
3,361.76
DESERT RECREATION DISTRICT
205927
08/2021- FB POOL OPERATIONS & PROG...
Fritz Burns Pool Programming
101-3003-60184
17,570.81
DEPARTMENT OF JUSTICE
205925
08/2021- REC INSTRUCTOR FINGERPRINT
Instructors
101-3002-60107
32.00
RASA/ERIC NELSON
205954
08/24/21 - PMERG 2021-0002 ONCALL M...
Map/Plan Checking
101-7002-60183
585.00
RASA/ERIC NELSON
205954
09/08/21 - LAD 2021-0002 ONCALL MAP ...
Map/Plan Checking
101-7002-60183
435.00
RASA/ERIC NELSON
205954
09/08/21 - PMER 2021-0002 ON CALL MAP.,
Map/Plan Checking
101-7002-60183
315.00
RASA/ERIC NELSON
205954
09/08/21 - LLA 2021-00010 ON CALL MAP...
Map/Plan Checking
101-7002-60183
680.00
OFFICE TEAM
205947
09/10/21 - TEMP AGENCY SERVICES T.SU...
Temporary Agency Services
101-6006-60125
665.20
ROBERT HALF TECHNOLOGY
205956
09/10/21 - TEMP AGENCY SERVICES M.G...
Temporary Agency Services
101-6006-60125
846.24
KOOLFOG, INC
205940
09/03/21 - FS #32 MIST COOLING SYSTEM...
Maintenance/Services
101-2002-60691
433.01
HIGH TECH IRRIGATION INC
205937
09/17/21 - BLACK METAL EDGING (25)
Materials/Supplies
101-3005-60431
1,245.55
AMERICAN FORENSIC NURSES ...
205917
08/31/21 - BLOOD/ALCOHOL ANALYSIS
Blood/Alcohol Testing
101-2001-60174
1,050.00
ALARM MONITORING SERVICE...
205916
07/01-09/30/21- ALARM MONITORING 5...
Security & Alarm
101-3008-60123
495.00
ALARM MONITORING SERVICE...
205916
07/01-09/30/21- ALARM MONITORING 5...
Security & Alarm
101-3008-60123
165.00
ALARM MONITORING SERVICE...
205916
07/01-09/30/2021- FIRE ALARM MONITO...
Fire Station
101-2002-60670
510.00
ALARM MONITORING SERVICE...
205916
07/01-09/30/2021- FIRE ALARM MONITO...
Security & Alarm
101-3008-60123
255.00
ALARM MONITORING SERVICE...
205916
07/01-09/30/2021- FIRE ALARM MONITO...
Security & Alarm
101-3008-60123
255.00
PWLC II, INC
205951
09/2021- L&L MONTHLY MAINTENANCE
Landscape Contract
101-2002-60112
1,304.54
TRI-STATE MATERIALS INC
205967
09/07/21 - CLASS II BASE
Materials/Supplies
101-3005-60431
114.19
TRI-STATE MATERIALS INC
205967
09/09/21 - CLASS II BASE
Materials/Supplies
101-3005-60431
114.19
RIVERSIDE ASSESSOR
205955
08/2021- RECORDING FEES
Due to County Recorder
101-0000-20325
194.00
RIVERSIDE ASSESSOR
205955
08/2021- RECORDING FEES
Technical
101-6004-60108
20.00
RIVERSIDE ASSESSOR
205955
08/2021- RECORDING FEES
Technical
101-6004-60108
20.00
HOME DEPOT CREDIT SERVICES
205938
08/10/21 - ELECTRICAL SUPPLIES
Maintenance/Services
101-2002-60691
169.60
HOME DEPOT CREDIT SERVICES
205938
08/10/21 - MATERIALS & SUPPLIES
Materials/Supplies
101-3005-60431
90.20
HOME DEPOT CREDIT SERVICES
205938
08/26/21 - MATERIALS
Materials/Supplies
101-3008-60431
36.87
HOME DEPOT CREDIT SERVICES
205938
08/10/21 - STRAIGHT PLUG
Materials/Supplies
101-3008-60431
25.08
HOME DEPOT CREDIT SERVICES
205938
07/29/21 - PAD LOCK
Materials/Supplies
101-3008-60431
20.58
9/27/2021 11:07:38 AM
Page 1 of 5
18
Demand Register Packet: APPKT02923 - 09/24/2021 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
HOME DEPOT CREDIT SERVICES
205938
08/19/21 - LASHING STRAP
Materials/Supplies
101-3008-60431
15.18
HOME DEPOT CREDIT SERVICES
205938
07/28/21 - BATTERIES
Materials/Supplies
101-3008-60431
115.82
HOME DEPOT CREDIT SERVICES
205938
08/05/21 - MATERIALS
Materials/Supplies
101-3008-60431
152.25
HOME DEPOT CREDIT SERVICES
205938
07/29/21 - TOOLS
Tools/Equipment
101-3008-60432
784.05
HOME DEPOT CREDIT SERVICES
205938
08/17/21 - AIR CIRCULATOR & SPEAKER
Tools/Equipment
101-3008-60432
145.70
HOME DEPOT CREDIT SERVICES
205938
08/17/21 - RETURNED TOOL
Tools/Equipment
101-3008-60432
-107.66
HOME DEPOT CREDIT SERVICES
205938
08/17/21 -JOBSITE RADIO
Tools/Equipment
101-3008-60432
129.41
THE LOCK SHOP, INC
205964
09/14/21 -KEYS
Materials/Supplies
101-3008-60431
12.71
DAVE BANG, INC.
205923
09/16/21 - PARK REPLACEMENT PARTS
Materials/Supplies
101-3005-60431
234.97
FIRST CHOICE A/C & HEATING ...
205931
09/24/21 - CH HVAC REPAIR
HVAC
101-3008-60667
351.00
STATE CONTROLLER'S OFFICE
205960
01/01-12/31/2020 - FTB OFFSETS
Administrative Citation Services
101-6004-60111
12.54
PACIFIC WEST AIR CONDITION...
205949
09/01/21 - CH WATER TREATMENT
HVAC
101-3008-60667
125.00
SUNLINE TRANSIT AGENCY
205962
02/2020-05/2021- SUNLINE BUS PASSES ...
Miscellaneous Revenue
101-0000-42301
32.25
POLARIS SALES INC.
205950
8/20/21- FS #32 UTILITY TERRAIN VEHICLE
Non -Reimbursable Misc
101-2002-60445
19,824.65
QUADIENT FINANCE USA, INC.
205952
10/13/21-01/12/22 - CITYWIDE POSTAGE...
Postage Machine
101-1007-60661
2,998.27
UNIVERSITY OF VIRGINIA CEN...
205970
8/06/21- INSTALLATION INSPECTION TRAI...
Travel & Training
101-7006-60320
25.00
UNIVERSITY OF VIRGINIA CEN...
205970
9/28/21-EXCAVATING/TRENCH SAFETY TR...
Travel & Training
101-7006-60320
25.00
OCEAN SPRINGS TECH INC
205945
09/2021- SPLASH PAD MONTHLY SERVICE
LQ Park Water Feature
101-3005-60554
1,732.00
QUINN COMPANY
205953
09/17/21 - MATERIALS
Operating Supplies
101-7003-60420
55.76
QUINN COMPANY
205953
09/17/21 - MATERIALS
Operating Supplies
101-7003-60420
76.80
QUINN COMPANY
205953
09/17/21 -AIR FILTERS (2)
Operating Supplies
101-7003-60420
48.01
HDL COREN & CONE
205934
09/16/21 - 20/21 AUDIT FEE
Consultants
101-1006-60104
86.26
BIO SOCAL
205919
09/15/21 - TRAFFIC ACCIDENT CLEANUP L...
Special Enforcement Funds
101-2001-60175
695.00
Fund 101- GENERAL FUND Total:
162,821.61
Fund: 201 - GAS TAX FUND
TOPS' N BARRICADES INC
205966
09/16/21 - TRAFFIC CONTROL SIGNS
Traffic Control Signs
201-7003-60429
295.80
HOME DEPOT CREDIT SERVICES
205938
08/23/21 - CONCRETE MIX
Materials/Supplies
201-7003-60431
71.30
Fund 201- GAS TAX FUND Total:
367.10
Fund: 202 - LIBRARY & MUSEUM FUND
VINTAGE ASSOCIATES
205971
09/2021- MONTHLY MAINTENANCE
Landscape Contract
202-3004-60112
812.59
VINTAGE ASSOCIATES
205971
09/2021- MONTHLY MAINTENANCE
Landscape Contract
202-3006-60112
169.58
ALARM MONITORING SERVICE...
205916
07/01-09/30/21- ALARM MONITORING S...
Security & Alarm
202-3004-60123
165.00
ALARM MONITORING SERVICE...
205916
07/01-09/30/21- ALARM MONITORING S...
Security & Alarm
202-3006-60123
165.00
ALARM MONITORING SERVICE...
205916
07/01-09/30/2021- FIRE ALARM MONITO...
Security & Alarm
202-3004-60123
255.00
ALARM MONITORING SERVICE...
205916
07/01-09/30/2021- FIRE ALARM MONITO...
Security & Alarm
202-3006-60123
255.00
ALARM MONITORING SERVICE...
205916
07/01-09/30/21- LUMBER YARD MONITO...
Security & Alarm
202-3006-60123
165.00
HOME DEPOT CREDIT SERVICES
205938
08/26/21 - DUPLEX OUTLET
Maintenance/Services
202-3006-60691
34.29
HOME DEPOT CREDIT SERVICES
205938
08/26/21 - FAST SET COMPOUND
Maintenance/Services
202-3006-60691
11.72
HOME DEPOT CREDIT SERVICES
205938
08/26/21 - MATERIALS
Maintenance/Services
202-3006-60691
81.90
PACIFIC WEST AIR CONDITION...
205949
09/01/21 - LIBRARY WATER TREATMENT
HVAC
202-3004-60667
125.00
Fund 202 - LIBRARY & MUSEUM FUND Total:
2,240.08
Fund: 215 - LIGHTING & LANDSCAPING FUND
DESERT CONCEPTS CONSTRUC...
205926
08/13/21 - EMERGENCY IRRIGATION & AS...
Maintenance/Services
215-7004-60691
19,350.00
VINTAGE ASSOCIATES
205971
09/2021- MONTHLY MAINTENANCE
Landscape Contract
215-7004-60112
10,589.51
CREATIVE LIGHTING & ELECTR...
205922
09/2021- LIGHTING MAINTENANCE SERVI...
Consultants
215-7004-60104
5,667.17
PWLC II, INC
205951
09/2021- L&L MONTHLY MAINTENANCE
Landscape Contract
215-7004-60112
54,741.84
PWLC II, INC
205951
09/16/21 - PALM TREE TRIMMING
Palm Trees
215-7004-60673
1,080.00
HOME DEPOT CREDIT SERVICES
205938
08/09/21 - CONCRETE RESURFACER
Materials/Supplies
215-7004-60431
184.22
HOME DEPOT CREDIT SERVICES
205938
08/19/21 - STAPLE GUN & STAPLES
Materials/Supplies
215-7004-60431
105.38
LANDMARK CONSULTANTS, INC
205941
08/19-09/01/21- MAINTENANCE SERVICES
Maintenance/Services
215-7004-60691
778.80
FRONTIER COMMUNICATIONS...
205932
09/07/10/06/21 - PHONE SVC
Electric - Utilities
215-7004-61116
121.89
FRONTIER COMMUNICATIONS...
205932
09/10-10/09/21- PHONE SVC
Electric - Utilities
215-7004-61116
41.52
Fund 215 - LIGHTING
& LANDSCAPING FUND Total:
92,660.33
Fund: 250 - TRANSPORTATION DIF FUND
EAST OF MADISON LLC
205928
09/15/21 - DIF REIMB PAYMENT NO 5 AVE...
Developer Reimbursements
250-0000-80105
85,000.00
NO LA QUINTA PARTNERS LLC
205944
09/15/21 - DIF REIMB PAYMENT # 5 MADI...
Developer Reimbursements
250-0000-80105
55,000.00
WALMART STORES, INC C/O B...
205973
9/15/21- DIF REIMB PAYMENT #5 DUNE P...
Developer Reimbursements
250-0000-80105
45,000.00
EAST OF MADISON LLC
205928
09/15/21 - DIF REIMB PAYMENT NO 5 AVE...
Developer Reimbursements
250-0000-80105
55,000.00
NO LA QUINTA PARTNERS LLC
205944
09/15/21 - DIF REIMB PAYMENT # 5 AVE 5...
Developer Reimbursements
250-0000-80105
90,000.00
9/27/2021 11:07:38 AM
Page 2 of 5
19
Demand Register
Packet: APPKT02923 - 09/24/2021 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
EAST OF MADISON LLC
205928
9/15/21- DIF REIMB PAYMENT NO #5 MAD..
Developer Reimbursements
250-0000-80105
70,000.00
Fund 250 - TRANSPORTATION DIF FUND Total:
400,000.00
Fund: 401 - CAPITAL IMPROVEMENT
PROGRAMS
HERMANN DESIGN GROUP INC
205936
07/2021-SRR RETENTION BASIN SOILSTA...
Design
401-0000-60185
9,290.00
DDL TRAFFIC INC.
205924
06/22/21 - BBS & EVP EQUIPMENT
Construction
401-0000-60188
26,919.90
SPOHN RANCH INC
205959
08/2021 - 2015-09 RETENTION PAYMENT...
Retention Payable
401-0000-20600
-7,575.00
SPOHN RANCH INC
205959
08/2021 - 2015-09 PROGRESS PAYMENT...
Construction
401-0000-60188
151,499.93
Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total:
180,134.83
Fund: 501 - FACILITY & FLEET REPLACEMENT
S&D CARWASH MANAGEMENT..
205957
06/2021-CAR WASH MEMBERSHIP
Vehicle Repair & Maintenance
501-0000-60676
739.63
Fund 501 - FACILITY & FLEET REPLACEMENT Total:
739.63
Fund: 502 - INFORMATION TECHNOLOGY
TYLER TECHNOLOGIES
205968
FY 21/22 CREDIT FOR SALES TAX
Software Licenses
502-0000-60301
-417.83
TYLER TECHNOLOGIES
205968
11/2021-10/2022 - HARDWARE ANNUAL ...
Software Licenses
502-0000-60301
473.53
TIME WARNER CABLE
205965
09/10-10/09/21 - CH INTERNET (2546)
Cable/Internet - Utilities
502-0000-61400
2,079.00
SUPERION, LLC
205963
08/22-08/28/21 - ETRAK IT SOFTWARE SV...
Software Licenses
502-0000-60301
180.00
ENVIRONMENTAL SYSTEMS RE...
205929
12/2021-11/2022 - ARC GIS RESEARCH S...
Software Licenses
502-0000-60301
5,800.00
ACORN TECHNOLOGY SERVICES
205915
07/2021 -TRAFFIC SERVER MAINTENANCE
Public Works, Software Enhan...
502-0000-71048
600.00
ACORN TECHNOLOGY SERVICES
205915
09/2021 -TRAFFIC SERVER MAINTENANCE
Public Works, Software Enhan...
502-0000-71048
600.00
HEALTHCHAMPION PARTNERS...
205935
10/1-12/31/21 - COVID 19 CHECK IN APP
Software Licenses
502-0000-60301
507.00
FRONTIER COMMUNICATIONS...
205932
09/04-10/03/21 - DSL SVC
Cable/Internet - Utilities
502-0000-61400
216.91
Fund 502 - INFORMATION TECHNOLOGY Total:
10,038.61
Fund: 503 - PARK EQUIP & FACILITY FUND
COACHELLA VALLEY WATER DI...
205921
06/16/21-06/16/22 - PIONEER PARK LEASE
Parks
503-0000-71060
1.00
Fund 503 - PARK EQUIP & FACILITY FUND Total:
1.00
Fund: 504 - INSURANCE FUND
HOME DEPOT CREDIT SERVICES
205938
08/18/21 - LED LAMP
Operating Supplies
504-1010-60420
29.42
Fund 504 - INSURANCE FUND Total:
29.42
Fund: 601 - SILVERROCK RESORT
GARDAWORLD
205933
08/2021- SRR ARMORED SVCS
Bank Fees
601-0000-60455
7.50
HOME DEPOT CREDIT SERVICES
205938
08/23/21 - MATERIALS FOR SRR
Repair & Maintenance
601-0000-60660
47.76
Fund
601 - SILVERROCK RESORT Total:
55.26
Grand Total: 849,087.87
9/27/2021 11:07:38 AM
20
Page 3 of 5
Demand Register
Packet: APPKT02923-09/24/20211B
Fund Summary
Fund
101 - GENERAL FUND
201 - GAS TAX FUND
202 - LIBRARY & MUSEUM FUND
215 - LIGHTING & LANDSCAPING FUND
250-TRANSPORTATION DIF FUND
401 - CAPITAL IMPROVEMENT PROGRAMS
501 - FACILITY & FLEET REPLACEMENT
502 - INFORMATION TECHNOLOGY
503 - PARK EQUIP & FACILITY FUND
504 - INSURANCE FUND
601 - SILVERROCK RESORT
Account Number
101-0000-20325
101-0000-20981
101-0000-42301
101-0000-42700
101-1006-60102
101-1006-60104
101-1006-60400
101-1007-60402
101-1007-60403
101-1007-60535
101-1007-60661
101-2001-60174
101-2001-60175
101-2002-60112
101-2002-60445
101-2002-60670
101-2002-60691
101-2002-61400
101-3002-60107
101-3003-60149
101-3003-60184
101-3005-60112
101-3005-60117
101-3005-60189
101-3005-60351
101-3005-60431
101-3005-60554
101-3007-60151
101-3008-60123
101-3008-60431
101-3008-60432
101-3008-60667
101-6003-60118
101-6004-60108
101-6004-60111
101-6004-60400
101-6006-60125
101-7002-60183
101-7003-60420
101-7006-60320
201-7003-60429
201-7003-60431
202-3004-60112
202-3004-60123
Grand Total:
Account Summary
Account Name
Due to County Recorder
United Way Deductions
Miscellaneous Revenue
Administrative Citations
Administration
Consultants
Office Supplies
Forms, Copier Paper
Citywide Supplies
Sales Tax Reimbursements
Postage Machine
Blood/Alcohol Testing
Special Enforcement Funds
Landscape Contract
Non -Reimbursable Misc
Fire Station
Maintenance/Services
Cable/Internet - Utilities
Instructors
Community Experiences
Fritz Burns Pool Program...
Landscape Contract
Civic Center Lake Mainten...
SilverRock Lake Maintena...
Membership Dues
Materials/Supplies
LQ Park Water Feature
VGPS - Visit Greater Palm ...
Security & Alarm
Materials/Supplies
Tools/Equipment
HVAC
Plan Checks
Technical
Administrative Citation Se...
Office Supplies
Temporary Agency Servic...
Map/Plan Checking
Operating Supplies
Travel & Training
Traffic Control Signs
Materials/Supplies
Landscape Contract
Security & Alarm
Expense Amount
162,821.61
367.10
2,240.08
92,660.33
400,000.00
180,134.83
739.63
10,038.61
1.00
29.42
55.26
849,087.87
Expense Amount
194.00
42.00
32.25
3,000.00
1,629.05
86.26
55.32
45.56
29.06
15,261.22
2,998.27
1,050.00
695.00
1,304.54
19,824.65
510.00
602.61
10.56
47.00
3,361.76
17,570.81
48,536.32
1,350.00
1,350.00
445.00
6,046.27
1,732.00
25,102.45
1,170.00
2,416.07
951.50
476.00
780.00
40.00
12.54
47.94
1,511.44
2,015.00
439.16
50.00
295.80
71.30
812.59
420.00
9/27/2021 11:07:38 AM
21
Page 4 of 5
Demand Register
Packet: APPKT02923-09/24/2021113
Account Summary
Account Number
Account Name
Expense Amount
202-3004-60667
HVAC
125.00
202-3006-60112
Landscape Contract
169.58
202-3006-60123
Security & Alarm
585.00
202-3006-60691
Maintenance/Services
127.91
215-7004-60104
Consultants
5,667.17
215-7004-60112
Landscape Contract
65,331.35
215-7004-60431
Materials/Supplies
289.60
215-7004-60673
Palm Trees
1,080.00
215-7004-60691
Maintenance/Services
20,128.80
215-7004-61116
Electric - Utilities
163.41
250-0000-80105
Developer Reimbursemen...
400,000.00
401-0000-20600
Retention Payable
-7,575.00
401-0000-60185
Design
9,290.00
401-0000-60188
Construction
178,419.83
501-0000-60676
Vehicle Repair & Mainte...
739.63
502-0000-60301
Software Licenses
6,542.70
502-0000-61400
Cable/Internet - Utilities
2,295.91
502-0000-71048
Public Works, Software E...
1,200.00
503-0000-71060
Parks
1.00
504-1010-60420
Operating Supplies
29.42
601-0000-60455
Bank Fees
7.50
601-0000-60660
Repair & Maintenance
47.76
Grand Total:
849,087.87
Project Account Summary
Project Account
Key
Project Account Name
Project Name
Expense Amount
**None**
**None**
**None**
265,084.28
151609CT
Construction Expense
La Quinta X Park
151,499.93
151609RP
Retention Payable
La Quinta X Park
-7,575.00
201702DEV
Developer Payment
Developer Reimbursement for DIF
400,000.00
202007D
Design Expense
SilverRock Retention Basin Soil Sta
9,290.00
2122TMICT
Construction Expense
FY21/22 Traffic Maintenance Impr,
26,919.90
9/11E
September 11 Vigil Expense
September 11 Vigil
3,361.76
CORONANR
Corona Non Reimbursable
Corona Virus Emergency Response
507.00
Grand Total:
849,087.87
9/27/2021 11:07:38 AM
22
Page 5 of 5
City of La Quints
Bank Transactions 09/13 - 09/24/2021
Wire Transaction
Listed below are the wire transfers from 09/13 - 09/24/2021.
Wire Transfers:
09/13/2021
- WIRE TRANSFER
- AMERICAN FIDELITY
09/13/2021
- WIRE TRANSFER
- AMERICAN FIDELITY
09/14/2021
- WIRE TRANSFER
- TEXAS LIFE
09/17/2021
- WIRE TRANSFER
- EXPERT PAY
09/21/2021
- WIRE TRANSFER
- CALPERS
09/21/2021
- WIRE TRANSFER
- CALPERS
09/21/2021
- WIRE TRANSFER
- CALPERS
09/21/2021 - WIRE TRANSFER - LANDMARK
09/22/2021
- WIRE TRANSFER
- LQCEA
09/22/2021
- WIRE TRANSFER
- ICMA
TOTAL WIRE TRANSFERS OUT
Attachment 2
$1,545.52
$3,765.19
$849.25
$138.46
$4,712.26
$14,562.52
$21,213.96
$120,294.33
$459.00
$4,153.73
$171, 694.22
23
24
CONSENT CALENDAR ITEM NO. 3
City of La Quinta
CITY COUNCIL MEETING, October 5, 2021
STAFF REPORT
AGENDA 11 i .- : APPROVE AGREEMENT FOR CONTRACT SERVICES WITH
SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES, INC.
THROUGH SOURCEWELL COOPERATIVE PURCHASING FOR INSTALLATION OF
SHADE STRUCTURES AT MONTICELLO PARK PROJECT NO. 2021-12
RECOMMENDATION
Approve an Agreement for Contract Services for the installation of shade
structures at Monticello Park, Project No. 2021-12, with Shade Structures, Inc.
dba USA Shade & Fabric Structures, Inc. through Sourcewell Cooperative
Purchasing; and authorize the City Manager to execute the Agreement.
EXECUTIVE SuMMARY
• Monticello Park (Monticello) was constructed in 2003. The park amenities
did not include shade structures.
• The City utilizes Sourcewell Cooperative Purchasing (Sourcewell) for
procurement of goods and services.
• Shade Structures, Inc. dba USA Shade & Fabric Structures, Inc. (USA
Shade) submitted a quote for $111,607 for the installation of two shade
structures over the playgrounds at Monticello for this project.
FISCAL IMPACT
Funds for the installation of shade structures at Monticello are budgeted in the
fiscal year 2021/22 Capital Expenses, Parks account 503-0000-71060:
MONTICELLO COST
Small Plavground 1 $ 43,358
Large Plavground 1 $ 67,981
TOTAL: $111,339
25
BACKGROUND/ANALYSIS
Monticello was built in 2003. Amenities include two playgrounds, one for ages
2 to 5; one for ages 5 to 12, a swing set, drinking fountain, a little library,
benches, walking path, and being surrounded by open space. There is
currently no shade at the park. Residents have requested shade be added to
the park. With the addition of a shade structure over the playgrounds, this
would provide relief from the sun and make the playgrounds more user
friendly.
The City utilizes Sourcewell to streamline the procurement process. A quote
from USA Shade was received through Sourcewell, which complies with the
City's purchasing policy. Based on USA Shade's qualifications, staff
recommends approval of the Agreement for Contract Services (Attachment
1).
USA Shade submitted a quote for the installation of two structures over the
playground areas at Monticello. The cost to add the two structures is
$111,339.
ALTERNATIVES
Council may direct staff to seek other alternatives or deny this request.
Prepared by: Dianne Hansen, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. Agreement for Contract Services
26
ATTACHMENT 1
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, (""City"), a California
municipal corporation, and Shade Structures, Inc. dba USA SHADE & Fabric
Structures, Inc. ("'Contracting Party"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Contracting Party shall provide those services related to
Project No 2021-12 Monticello Shade Structure Installation as specified in the
"Scope of Services" attached hereto as "Exhibit A" and incorporated herein by
this reference (the "Services"). Contracting Party represents and warrants
that Contracting Party is a provider of first-class work and/or services and
Contracting Party is experienced in performing the Services contemplated
herein and, in light of such status and experience, Contracting Party covenants
that it shall follow industry standards in performing the Services required
hereunder, and that all materials, if any, will be of good quality, fit for the
purpose intended. For purposes of this Agreement, the phrase "industry
standards" shall mean those standards of practice recognized by one or more
first-class firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
regulations, and laws of the City and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain such licenses, permits (permit
fees waived), and approvals as may be required by law for the performance
of the Services required by this Agreement, including a City of La Quinta
business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party 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, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
employees, and agents, free and harmless against any such fees,
27
assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors' compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party's risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in
Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party's work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or
damages as may be caused by City's own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party from any
obligation to correct any incomplete, inaccurate, or defective work at no
further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services ("Additional Services") only when
directed to do so by the Contract Officer, or assigned designee, provided
that Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer's, or assigned designee's written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3
of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in "Exhibit D"
(the ""Special Requirements"), 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 other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
"Exhibit B" (the "Schedule of Compensation") in a total amount of One
Hundred -Eleven Thousand, Three Hundred and Thirty -Nine Dollars
($111,339). (the "Contract Sum"), except as provided in Section 1.7. The
method of compensation set forth in the Schedule of Compensation may
include a lump sum payment upon completion, payment in accordance with
the percentage of completion of the Services, payment for time and materials
based upon Contracting Party's rate schedule, but not exceeding the Contract
Sum, or such other reasonable methods as may be specified in the Schedule
of Compensation. The Contract Sum shall include the attendance of
Contracting Party at all project meetings reasonably deemed necessary by
City; Contracting Party shall not be entitled to any additional compensation
for attending said meetings. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, transportation
expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation. Regardless of the method of
compensation set forth in the Schedule of Compensation, Contracting Party's
3 29
overall compensation shall not exceed the Contract Sum, except as provided
in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City's Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall contain a certification by a principal member
of Contracting Party specifying that the payment requested is for Services
performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer, or assigned designee, and subject to
retention pursuant to Section 8.3, City will pay Contracting Party for all items
stated thereon which are approved by City pursuant to this Agreement no
later than thirty (30) days after invoices are received by the City's Finance
Department.
2.3 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer, or assigned designee, pursuant
to Section 1.7 of this Agreement shall be paid for in an amount agreed to in
writing by both City and Contracting Party in advance of the Additional
Services being rendered by Contracting Party. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract
Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by
the La Quinta City Council, the City Manager, or Department Director,
depending upon City laws, regulations, rules and procedures concerning public
contracting. Under no circumstances shall Contracting Party receive
compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer, or assigned
designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that
the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period
established in "'Exhibit C" (the "Schedule of Performance"). Extensions to the
time period specified in the Schedule of Performance may be approved in
writing by the Contract Officer or assigned designee.
-4- 30
3.3 Force Majeure. The time period specified in the Schedule of
Performance for performance of the Services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Contracting
Party, 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 Contracting Party shall within ten (10) days of
the commencement of such delay notify the Contract Officer, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, 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 the Contract Officer's judgment such delay is justified, and the
Contract Officer's determination, or assigned designee, shall be final and
conclusive upon the parties to this Agreement. Extensions to time period in
the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle
the Contracting Party to additional compensation in excess of the Contract
Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions
in Article 8.0 of this Agreement, the term of this agreement shall commence
on or around October 20, 2021, and terminate on completion and acceptance
of installation or around June 30, 2022.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party ("Principals") are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) Name: David Schneider
Tel No.
E-mail: dsshneider@usa-shade.com
(b) Name: Ashley Donde
Tel No. 714-427-6981
Email: adonde@usa-shade.com
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
Contracting Party and devoting sufficient time to personally supervise the
-5- 31
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as
Dianne Hansen, Management Analyst Parks/Landscape or assigned
designee may be designated in writing by the City Manager of the City. It
shall be Contracting Party's responsibility to assure that the Contract Officer,
or assigned designee, is kept informed of the progress of the performance
of the Services, and Contracting Party shall refer any decisions, that must be
made by City to the Contract Officer, or assigned designee. Unless otherwise
specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer or assigned designee. The Contract Officer,
or assigned designee, shall have authority to sign all documents on behalf
of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
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 may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Contracting Party, taking all transfers into
account on a cumulative basis. Any attempted or purported assignment or
contracting or subcontracting by Contracting Party without City's express
written approval shall be null, void, and of no effect. No approved transfer
shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees
shall have any control over the manner, mode, or means by which Contracting
Party, its agents, or its employees, perform the Services required herein,
except as otherwise set forth herein. City shall have no voice in the selection,
discharge, supervision, or control of Contracting Party's employees, servants,
representatives, or agents, or in fixing their number or hours of service.
Contracting Party 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.
6 32
Contracting Party 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. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have no
power to incur any debt, obligation, or liability on behalf of City. Contracting
Party 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. Except for the Contract
Sum paid to Contracting Party as provided in this Agreement, City shall not
pay salaries, wages, or other compensation to Contracting Party for
performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System ("PERS") as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
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.
Contracting Party shall fully comply with the workers' compensation laws
regarding Contracting Party and Contracting Party's employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers' compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party's failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents
that it employs or will employ at its own expense all personnel required for
the satisfactory performance of any and all of the Services set forth herein.
Contracting Party represents that the Services required herein will be
performed by Contracting Party or under its direct supervision, and that all
personnel engaged in such work shall be fully qualified and shall be authorized
and permitted under applicable State and local law to perform such tasks and
services.
-� 33
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in "Exhibit E" (the 'Insurance Requirements") which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency's Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is
incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party's performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting
Party hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Contracting Party is
providing design services, the estimated increased or decreased cost estimate
for the project being designed.
$ 34
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the "Books and Records"), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, shall
have full and free access to such Books and Records at all times during normal
business hours of City, including the right to inspect, copy, audit, and make
records and transcripts from such Books and Records. Such Books and
Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such
Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party's business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party's
successor in interest. Under California Government Code Section 8546.7. if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under
this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the "'Documents and Materials") shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights
of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without
specific written authorization by Contracting Party will be at City's sole risk
and without liability to Contracting Party, and Contracting Party's guarantee
and warranties shall not extend to such use, revise, or assignment.
_g 35
Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the concepts
embodied therein. All subcontractors shall provide for assignment to City of
any Documents and Materials prepared by them, and in the event Contracting
Party fails to secure such assignment, Contracting Party shall indemnify City
for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City's sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party 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.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
-10- 36
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party's covenant
under this section shall survive the termination or expiration of this
Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
Party 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,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or 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 this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during
any period of default.
8.3 Retention of Funds. City may withhold from any monies payable
to Contracting Party sufficient funds to compensate City for any losses, costs,
liabilities, or damages it reasonably believes were suffered by City due to the
default of Contracting Party in the performance of the Services required by
this Agreement.
-11- 37
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
Contracting Party 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 Contracting Party. 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 default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct, or remedy
any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to terminate
this Agreement at any time, with or without cause, upon thirty (30) days'
written notice to Contracting Party. Upon receipt of any notice of termination,
Contracting Party shall immediately cease all Services hereunder except such
as may be specifically approved by the Contract Officer, or assigned
designee. Contracting Party 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, or assigned designee, thereafter in
accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City -owned property which Contracting
Party is permitted to occupy hereunder and City may, after compliance with
the provisions of Section 8.2, take over the Services and prosecute the same
to completion by contract or otherwise, and Contracting Party shall be liable
to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold
-12- 38
any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorneys' fees; provided,
however, that the attorneys' fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and
in addition a party entitled to attorneys' fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party's performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to this Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association
-13- 39
in which he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contracting Party warrants that it has not paid or given and will
not pay or give any third party any money or other consideration for obtaining
this Agreement.
9.3 Covenant against Discrimination. Contracting Party 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 any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Dianne Hansen
Management Analyst, Parks/Landscape
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
USA SHADE and Fabric Structures. Inc.
Attention: Ashley Donde
Senior Regional Manager
1085 N. Main Street, Suite C
Oran, CA 92867
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed
for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
-14- 40
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and
cancels any and all previous negotiations, arrangements, agreements, and
understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, 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 unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third -party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
10.10Authority. The persons executing this Agreement on behalf of each
of the parties hereto represent and warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to execute and deliver
-15- 41
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) that
entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding upon
the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
-16- 42
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
]ON McMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
CONTRACTING PARTY:
Name: David Schneider
Title: Vice President
Name: Ashley Donde
Title: Regional Sales Manager
-17- 43
Exhibit A
Scope of Services
1. Services to be Provided:
Installation of two shade structures at Monticello park located at the corner of
Monticello and Fred Waring Drive.
USASHADE
d Fabric Structures.
Structure Pricing
Small
Playground -Ages
Unit Quantity:
Unit Type
Structure Size:
2 to 5 Shade Structure
1
ma ri., Pyra m id
30ft x 30ft
Foundations By
USA Shade
Grout Installation
Not Applicable
FootingType
Drilled Pier
USA Shade Model Number
406.2
Base Attachment
PIH - Embed
Entry Height:
12ft
Anchor Bolts
Not Applicable
• •
No of Columns:
4
Concrete Cutting
Not Applicable
No of Fabric Panels:
4
Dirt Removal:
Included
Fabric Type:
Fabric Color:
Steil Fi nish
Col ourshade_FR
GreenjTj/Yell owjBj
wider Coated
Surface Type:
Foundations By
Wood Chips
USA Shade
Steel Color:
Beige
EI ectriCal Provisions:
Cab lejHDW Finish:
Galvan lzed
s
43,358.23
Concept No:
PlaygroundLarge
Unit Quantity:
to 12 Shade Structure
1
Unit Type
mariner Peak
Grout installation
Not Applicable
Structure Size:
32ft x 34ft
FootingType
Drilled Pier
USA Shade Model Number
407.2
Base Attachment:
PIH - Embed
Entry Height:
14ft
Anchor Bolts
Not Applicable
No of Columns:
4
Concrete Cutting
Not Applicable
No of Fabric Tops:
Colourshade FR
Dirt Removal:
Included
Fabric Type:
Green jTj /Yellow jBj
Surface Type:
Wood Chips
Fabric Color:
Steel Finish:
Ponder Coated
Beige
Steel Color:
Electrical Provisons:
Cab lejHDW Finish:
Galvanized
67, 98i7.78
Concept No:
www,usa-shade,com 900-966-5005
Az: 2MRS CA: 999459 LA: 61719 NV: 79724 NV:78724 NIV: M8 926 TN: 69712 DIR: 1000003533
Exhibit A
Page 1 of 12 Last revised summer 20477
10 USASHADE
& Fabric Structures,
Unit Total
included
Accessories/Miscellaneous
Shipping/Handling
:.I
Sales Tax(8.75%)
included
included
Engineering
included
Installation
TOTAL5
included
111,339A1
PAYMENT TERMS:
(1) Upon execution of the Agreement (Deposit)
(2) Upon delivery of Unit(s)
(3) Upon completion of assembly/installation
(4) other(specify): Progress Billing
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but
not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 15 Days due to the fluctuation in pricing. Due to
recent significant increases experienced in raw steel and fabric materials, it may be necessaryto order, invoice, and receive
paymentsfor steel and fabric as soon as final sizing can be determined.
ENGINEERING REQUIREMENTS NOTES
Building Code CBC2019
Wind Load 115 mph
Snow Load 5 psf Sealed Engineering drawings and calculations will be provided (including
Drawing Size Electronic foundation design with both spread and pier footings)
No. of Sealed Drawings 1
Calculations Required Yes
INCLUSIONS/ EXCLUSIONS
INCLUDED
❑
EXCLUDED
❑
ENGINEERING REQUIREMENTS
Sealed Drawings & Calculations
INCLUDED
A
EXCLUDED
❑
INSTALLATION - MISCELLANEOUS
Prevailing Wage/ Certified Payroll
LJ
❑
Permit Submittal
❑
71
Union Wages
❑
I,]
Permit Fee
❑
❑
Fencing
❑
❑
DSA Submittal & Fees
❑
0
water and Electrical
U
❑
Design and Engineering of Structure
❑
El
Landscape Repair
❑
❑
Design and Engineering of Foundation
❑
0
Demolition (Existing Structures)
❑
❑
raea,d—andLoadsPoraerachmentm waus, rtooFtops, or omer
❑
0
Payment and Performance Bonds
❑
:1
Foundation Location and Elevation Survey
❑
0
Special Inspection Fees
www.usa-shade.com 800.966.5005
AZ:289388 CA:989458 LA:61718 NV:78724 NV78724 NM:383826 TN:68712 DIR:1000003533
Exhibit A
Page 2of12
45
USASHAD E
A Fahric Structures.
Construction Assumptions
1) The designated area for our structures will be accessible by drive-upfor unloading of our trucks and equipment, including personnel marlifts, forklifts,
etc. Should a crane be required and direct access not available, additional costs for such will be submitted by aChange Order.
2) Our pricing is based on the ability toperform all ofour work with clear, sequential, and continuous access without interruption during no rmal daytime
working hours. We have assumed one mobilization for the installationoffoundations, steel and fabric, ifadditional mobiIizationsare required, there wilI
be an additional charge. Wewill require exclusive access to the area for our work during the construcdon process.
3) Our pricing does not includedaily site delays accessing the work areas. USA SHADE will submit a Change Orderfor any delays caused by other trades
which interfere or cause usto stopworking
4) Wewill require site sanitary facilities End refuse contanersby others Wthin200feet of ourwork.
5) USA SHADE will leave its work and materials in aclean condition atthe conclusion of ourwork.
6) Barricades and public security requirements are not included.
7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, ormaterialsfor any ofthe
following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner's
property around the installation site, (c) repair or replacement of any Purchaser or Owner -supplied raterias; or (d) repair of da7tageto existing surfaces
that may occur when construction equipment and vehicles ere being used in the normal course of construction.
8) Pricingforfoundation deign isbased on drilled pierfootings. In the event the geotechnical report requires an alternate configuration, any additional
costs incurredwill be submitted to the client by a Change Order.
9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not beresponsiblefor moving or repairing any
underground utility lines such as electrical, telephone gas, water, or sprinkler linesthat may be encountered during installation.
10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in
additional charges unlessthey are detaled on as -built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in
writing prior to installation.
GENERAL TERMS & CONDITIONS AND WARRANTY
1) Proposal: The above proposal is valid for 1 Year from the date first set forth above After 30 da<s, we reserve the right to increase prices due to the rise in
cost ofrEwmaterias,fuel, orother cost increases. When applicable; USA SHADE &Fabric Structures reserves the right to implement a surcharge for
significant increases in raw materials, including, but not limited to, fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and
final instal I ati on, USA SHADE & Fabric Structures reserves the right to i mpl ement thi s surcharge, when applicable.
2) Purchase: By executingthis proposal, or submitting a purchase order pursuaritto this proposal (which shall incorporatethe terms of this agreement
specifically by reference) which is accepted by USA SHADE & Fabric Structures (the "Company'), the purchaser identified above ("you" or the "Purchaser")
agreesto purchase Shade Structures brand shade structures ('Structured') and the servicesto be provided by the Company, as detailed in the "Structure
Pricing' and "General Scope of Work" sections ofthis agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser
or for installation by Company or Purchaser on behalf of a thi rd- paty who will be the ultimate owner ofthe Structures (the ultimate owner of a Structure,
whether Purchaser or a th ird-part+, being the "Own e-" ).
3) Short Ship Claims Purchaserhasl5 daysfrom receipt ofthe structurestofile a short ship report inwritingto its saes representative. Comparywill not
honor claims made after this time
4) Standard Exclusions: Unless specifically included under the"General Scope of Work" section above, this agreement does not include, and Company will
not provide, servi ces, labor, or mated als for any of the following work: (a) rem oval and disposal of any material s containing asbestos or any hazardous
materials as defined by the EPA; (b) moving Owner's property around the installation site, (c) repair or replacement of any Purchaser or Owner -supplied
materials, (d) repair of concealed underground utilities not located on prints supplied to Company by Owner duringthe bidding process, or physically
staked out by Owner, and which are damaged during construction during normal course of construction.
wmusa-shadexom 800-966-5446
AZ:289388 CA:989458 LA:61718 NV:78724 NV:78724 NM:383826 TN:68712 DIR:1000003533
Exhibit A
Page 3 of 12
W.
USASHAD E
84 Fahrllc Structures.
5) Bonding Guidelines: If Purchaser v ill use or providethe Structures and Services for an Owner other than Purchaser (including without limitation, as a
subcontractor of Purchaser), Purchaser will includethe following statement in Purchaser's contract with Owner:
"The manufacturer'swarranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and
the ultimate owner of the Shade Structures brand shade structures, which will be providedto the ultimate owner atthe time of completion of the
installation and other servicesto be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment
bond will cover only the first year of the USA SHADE & Fabric Structures warranty."
6) InsUFance ReQUiFernerns: Company is not required to provide any insurance coverage in excess of Company's standard insurance Acopyofthe
Company's standard insurance is available for y our review prior to acceptance of the Com puny s proposal.
7) Payment: Terms ofpamenrtare defined inthe "Pricing Details" section End are specificto this contract. For purposes ofthis agreement, 'Completion" is
defined as belngthe point at whichthe Structure is suitable for its intended use, the issue of occupancy consent, or afinal building department approval is
issued, whichever occurs first Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158,
Dallas, TH75373-4158. Company may use all remedies wailableto it undercurrent laws including but not limitedto, filing of liens against the property
and using a collection agency or the co urts to secure the collection of the outstanding debt.
8) Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding pcVments are received from Purchaser, but
prior to receivingfinal payment from Purchaser or Owner. Company v ill provide afull release of liens upon receipt of final payment. In accordance vvith
state laws, Company reservesthe rightto place alien on the property if final payment has not been received10 days priorto the filing cleadlinefor liens.
9) Ske Plan ADDfoual. Permk/s. Permit Fees, Plans, Engineering Drawings. and SDfyeyiDM Site plan approval, permits, permit fees} plans, engineering
drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the "General Scope of Work". The Company
does not in a7yy way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are
required but not included inthe "General Scope of WorI' will result in an additional costto Purchaser.
10) ManulldMFing&Delivery: ManufacturingIead-timefrom Compay'srecelptofthe "NoticeToProceecrisapproximatey6to8week sfor stardad
structures, and 8 to 12 weeks for custom structures Deivery is approximatdy 1 week thereafter. Delivery of structures ma be priorto or at start of
assembly. PI ease note that these timelinesdonot include approval orpermittingtimeframes
11) ReMned Product, Deposits, and }or Cancelled Drder: Within the first 45 days after shipmentfrom our facility, all returned product(s) and cancelled
orders are subject to a 50% resto cki ng fee. No returns are atailablefollavvingthis45dayperiod. Al deposits are non-refundable. All expenses incurred
(engineering site surveys, shipping, handling etc.) arethe responsibility ofthe Purchaser, upto notice of cancellation.
12) Concealed Conditions: "Concealed conditions" include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel
rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by drawings and/or plans submitted by
Owner at th a ti me thi s agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not vi sib le at the
timethisproposal was bid, Companyvvill sopwork and indicate these unforeseen ConcealedConditionsto Purchaser or Owner so that Purchaser and
Company can execute a Change Orderfor any additional work. In any event, any damage caused by orto unforeseen Concealed Conditions is the sole
responsibility of the Purchaser and Company shall not be held liablefor any such damage. Soil conditions are assumed to be soil that does not contain any
water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition thatwill require additional labor,
equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or
materials to complete the drilling or concrete operations W11 require a Change Order before Company vyill completethe process. Price quotes are based
on adrilled pierfooting Pry variation will incur additional charges (Le spread footings, concrete mat, sand, water, landfill, sic.). Costsfor footing and
installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region).
wmusa-shadexom 844-966-5645
AZ:289388 CA:989458 LA:61718 NV:78724 NV:78724 NM:383826 TN:68712 DIR:1000003533
Exhibit A
Page 4 of 12
EVA
USASHADE
A Fahrllc Structures,
13) Changes in the Work: During the course of this project, Purchaser may order chahgesinthe work (both add tionsand deletions). Additionally, an
approving agency may require changes in the work from the original deign or engineering quoted and provided by the Company (both additions and
deletions.) The cost of these changeswiII be determined by the Company, and a Change Order form must be completed and sighed by both the Purchaser
and the Corn parry, which will detail the "General Scope of the Change Order'. Should any Change Order be essential to The completion of the project, and
the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and The project and
senrices wilIbeterminated. Upon such termination, Company voll submit a fin2i billing to Purchaser for payment, less a I abor Ei I owance for work not
performed but including additional charges incurred cuetothe stoppage. No credit vollbeallo edformaterialssoldandsupplied,whichvollremainthe
property ofthe Purchaser.
14) Indemnification: To the ful lest extern permitted by lac, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents,
and employees or any of them from and against claims, damages, losses and expenses, including, but not limited to, attorneys' fees raatmd to the
installation ofthe Structure or performance ofthe services, provided that such claim, damage, loss, or expense isattributableto bodily injury to, sickness,
disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the
Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyoneforwhose actsthey may be liable,
regardless ofwhether or not such cairn, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be
construecto negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15.
15) Statement of Limited Warrant%.
• The structural integrity of all supplied steel is warranted for tenyears.
• If assembly is provided by the Company, workmanship ofthe structure is covered for oneyear, including labor for the removal of any faled part,
disassembly (if necessary), cost of shipping and reassembly.
• All steel surfacefinishesarewarantedforone year.
• Shadesure"',Colourshade9FIR, eXtreme 32—, Commerciai 95—, SaFRshade—, and Monotec370— fabrics all carry a ten year limited manufacturer's
warranty againstfailurefrom significant fading deterioration, breakdown, outdoor heat, cold, or discoloration. Should thefabric need to be replaced
under thewarranty, the Company will manufacture and ship a new replacementfabric at no charge for the first six years thereafter pro -rated at 20% per
year overthe remainingfour years. Thefollowingare Exceptions tothe preceding warranty terms
o Shadesure^ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, olive, and Mulberry carry afrvreyear pro -rated
o Fabric tops attached to Coolbrella— structurescarryathreeyearwarrarty,
o I ndivi dual fabric tops measuring greater than 40' in I ength are covered by a nor, prorated five year warranty,
o Precontraint502—waterproof membrane is subject to an eighty ear pro -rated warranty.
• Sewing thread is%arrantedfor ten years.
wmusa-shadexom 800-966-5446
AZ:289388 CA:989458 LA:61718 NV:78724 NV:78724 NM:383826 TN:68712 DIR:1000003533
Exhibit A
Page 5 of 12
W.
USASHADE
A Fahric Structures,
General Limited Warranty Terms and Conditions
• These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a
completed and signed "Customer Checklist and Sign -off" form.
• In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to
the defective product, labor, or service rendered.
• The Company reserves the right, in cases whEre certain fabric colors have been discontinued, to offer the Purchaser or Owner choice of available
alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color WWI be aiaiIable for any period of time, and
reserves the right to discontinue any color for arry reason, without recourse by the Purchase- or Owner of the discontinued fabric color.
• Should the Purchaser or Groner seil the structures to another party, the warranty cannot be transferred to the new ov ner without a complete and
thorough on -site inspection performed by a Compaq representative Please contact the Company at warranty@usa-shade corn for more details.
• All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company
withinthirty days from the date of discovery of the alleged defect and must in dude acletaileddescription and applicable photographs of the alleged defect
or problem. Warranty claims should be submitted by email to warranty@usa-shadecom.
• Purchaser or Groner agreesthatvenue for any court action to enforce these Iimitedwarranties shall be in the City or County of Dallas in the State ofTeras,
USA.
• These limited warranties are void if
o the supplied structures, products, services and/or labor are not paid for in full;
o the structures are not assembled in strict compliancewith USASHdDE specifications;
o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company.
Specificaly, no signs, objects} fats, light fixtures, etc. maV be hung from the structures, unlessspecifical ly engineered by the Company.
• These limitedwarranties do not cover defects and/or damages caused by:
o normal wear and tear,
o misuse, willful or intentional damage, vandalism, contactwith chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst,
earthquake, wildfires, etc.),
o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures,
o use, maintenance, neglect, repair, and/or service inconsistent with the ComparVs written care and maintenance instructions, provided with the
order.
• The I imited warranties explicitly exclude
o workmanship related to assembly not provided bythe Company or its agents,
o fabric curtains, valances, and flat vertical panels,
o fabric tops installed on structures that were not engineered and originally supplied by the Company.
• THE COMPANY SHALL NOT BE LIABLE FORAM' INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS
OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGALTHEORY, ARISING
OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY
PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FORAM' AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR
SERVICE PROVIDED BY THE COMPANY.
• THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSNE WARRANTY FOR THE COMPANY'S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY
IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS
LIMITED WARRANTY, WAVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL
PURPOSE.
Co b urshade 6 and eXtreme 3 2— are reg istered t radem aAs of M u Ck nit Pty. Ltd.
Commercial 9S° and Sa FRshade' are registered trademarksof Gale Pacific USA Inc.
Monotec 370- ga reggtemcltrademark of PRO-KNfT Industries Pty. Ltd.
Frecc rn ra i rn 50 2— i a registered trademark of Serge Ferrari North America, Inc.
wmusa-shadexom 844-966-5446
AZ:289388 CA:989458 LA:61718 NV:78724 NV:78724 NM:383826 TN:68712 DIR:1000003533
Exhibit A
Page 6 of 12
USASHADE
84 Fahric Structurem.
16) Assemblvllnstallatnn:
• Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on
the scheduled assembly dare to verify the exact I ocation where the structure(s) is to be placed.
• Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by
Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly,
and/or Freight of the structures will be the Purchaser's responsibility.
• Installation prices are based ona single mobilization charge. If additional mobilizations are required, therewill be additional charges.
• If the requested services require Company access to Ownerspremises, Compa7ywilI be provided access to the Ownerspremisesfree and clear of debris,
automobiles, or otherinterferenceMondaV- Friday during the hours of8:00amtn6:00pm, and Corn paywilI have access to water and eiectricalfaciIities
during installation. Additional charges will apply if utilities are not easily accessible. Whereapplicable, all vehicles wilIbemoved prior toCorn pa7y'screw
beginning any installation.
• CompaywilI not be responsible for moving or repairing any underground utility Iinessuch as electrical,telephone, gas, water, or sprinkler lines thatmw
be encountered during installation.
• Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility rem oval orrepair resulting inddaywillresult in
additional charges unless they are detailed on as -built site drEwings provided to Corn pany or marked on the ground and communicated to Company in
vvriti ng pri or to fabrication and installation.
17) Installation/Assembly on -site: Where installation/assemblyispartoftheservioes,PurchasermustprovidetheCompanyWthadetaileddrawing
prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impedimentsthat may
cause the assembly process to be more difficult. Any fixture(s), eg., playground, pools etc., that the structures are to be assembled over must also be
detailed, alongwiththeir peak heights (if applicable).
18) 5rte/UseReuiewbyPurchaler: Company relies on the Purcha5erto dEterminethatthe structures ordered are appropriate and safefor the Ovner5
installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or personswith the
structure post(s). Company can recom mend, or supply ataddition ai cost, padding for posts from athird paty manufacturer.
19) Preparatory Work Vu}here instal l3ion/assernbly is pat ofthe servicesand in the event that the foundation orjob site is not suitable or ready for
assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at leart4 working days prior, in order to ellow Company to
reschedulethe project Inthe everitthat Company is not notified and incurs an expense in attemptingto execure the assembly, a re -mobilization charge
maybe charged to Purchaser before Compaq will reschedule the assembly.
20) Delegation: Subcorstractws: The services and the manufacturing and assembly ofthe structures may be performed by subcontractors under appropriate
agreement Wththe Company.
21) ForceMaleure:lmpracticabili[Y. The Company shall not be charged with any loss or damage forfalureordelayindelivering orassembling ofthe
57uctureswhen such failure or delay is due to any cause beyond the control ofthe Company, dueto compliancewith governmental regulations or orders,
or due to any Acts of God, strikes lockouts, sl owd owns, was, or shortages in transportation, materials or labor.
22) Dispute Resolution: Any controversy or clam arising out of or related tothis agreement must be settled by binding arbitration administered in Dallas, TX
by a singe arbitrator selected by the parties or by the Ameri can Arbitration Association, and conducted in accordance with the construction industry
arbitration rules. 1 udg-nent upon the award may be entered in any court havi ngj uri sdi cti on thereof.
23) EmireAgreement:NoReliancg This agreement represents End containstheentire agreementbetween the parties. Prior discussion or verbal
representations by the partiesthat are not contained in this agreement are not part of this agreement Purchaser hereby acknowledges that it has not
received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, includingwithout limitation
any statements as to the structures, warranties, or services provided hereunder.
24) No Third-Partv6enelficiariex This agreement creates no third-paty rights or obligations between Company and any other person, including any Owner
who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.
25) GovernnsLaw The agreementwill be construed and enforced in accordance Wththe laws ofthe State ofTexas.
26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. Theagreement
shal be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns
wmusa-shadexom 844-966-5645
AZ:289388 CA:989458 LA:61718 NV:78724 NV:78724 NM:383826 TN:68712 DIR:1000003533
Exhibit A
Page 7of12
50
USASHAD E
A Fahrlc Structures.
Executed to he effectrve as of the date executed by the Company:
NOTE: FOR ANY PURCHASE EQUAL TO OR EKCEEDING $100,000.00 USD, NO WORK, OTHER THAN PRE -WORK, SHALL BE UNDERTAKEN
W FF H O UT A MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT.
PURCHASER:
City of La CLuinta
SELLER:
51hade 5tructures, Inc. DBA U5A 5hade
Signature: Signature:
By: (Print) By: (Print)
Title: Title:
Date:
Date:
NOTE: All purchase orders and contracts should be drafted in the name of
Shade Structures, Inc.
www.usa-shade.com 844-966-5446
AZ:289388 CA:989458 LA:61718 NV:78724 NV:78724 NM:383826 TId:68712 DIR:1000003533
Exhibit A
Page 8of12
51
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the 'Prevailing
Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on "Public works" and "Maintenance" projects. If the Services
are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5. no contractor or subcontractor may be awarded
a contract for public work on a "Public works" project unless registered with
the California Department of Industrial Relations ("DIR") at the time the
contract is awarded. If the Services are being performed as part of an
applicable "Public works" or "Maintenance" project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party's or any of its
subcontractor's DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party shall
make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party's
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY -
Exhibit A
Page 9 of 12
52
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all "Public works" (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. In the event there are any claims specifically excluded by Contracting
Party from the operation of the release, City may retain proceeds (per Public
Contract Code § 7107) of up to one hundred fifty percent (150%) of the
amount in dispute. City's failure to deduct or withhold shall not affect
Contracting Party's obligations under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk -line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
Exhibit A
Page 10 of 12 53
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party's cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party's cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (6) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
Exhibit A
Page 11 of 12
54
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages may
be assessed for failure to comply with the emergency call out requirements,
if any, described in the Scope of Services. City may withhold from any moneys
payable on account of the Services performed by Contracting Party any
accrued liquidated damages.
Exhibit A
Page 12 of 12
55
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed One -Hundred
Eleven Thousand, and Three Hundred Thirty -Nine Dollars ($111,339)
("Contract Sum"). The Contract Sum shall be paid to Contracting Party in one
lump sum on completion and acceptance of the work, attached hereto for the
work tasks performed and properly invoiced by Contracting Party in
conformance with Section 2.2 of this Agreement.
Exhibit C
Page 1 of 2
56
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, in accordance with the Project
Schedule, attached hereto and incorporated herein by this reference.
Work shall commence on an agreed upon date on or around October 20,
2021, and terminate on completion and acceptance of installation on or
around June 30, 2022.
-2-
57
Exhibit D
Special Requirements
Contractor is responsible to pull required City permits (fees will be waived)
and schedule required inspections.
Shade fabric colors are to be green and yellow to coordinate with the
playground
Contractor is responsible to ensure all measurements are accurate. Contractor
is responsible for mobilization, storage of materials, and any required
pedestrian and/or traffic control.
Exhibit D
Page 1of1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General
Liability insurance against all claims for injuries against persons or damages
to property resulting from Contracting Party's acts or omissions rising out of
or related to Contracting Party's performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that
the coverage shall be primary for losses arising out of Contracting Party's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
Exhibit E
Page 1 of 6
59
be liable, arising directly or indirectly out of or related to Contracting Party's
performance under this Agreement. If Contracting Party or Contracting Party's
employees will use personal autos in any way on this project, Contracting
Party shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor
vehicle, trailer or semi -trailer designed for travel on public roads. The
automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contracting
Party's performance hereunder and neither City nor its insurers shall be
required to contribute to such loss.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability
limits no less than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self -insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Contracting Party's obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work
and/or withhold any payment(s) which become du
hereunder until Contracting Party demonstrates
requirements hereof.
c. Terminate this Agreement.
Exhibit E
Page 2of6
under this Agreement
e to Contracting Party
compliance with the
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 Contracting Party'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 Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party's or its subcontractors' performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third -
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party's employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called "third party action over" claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
Exhibit E
Page 3of6
61
elimination of contractual liability or reduction of discovery period) that may
affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party's general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party agrees not to self -insure or to use any self -
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self -insure its
obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention
must be declared to the City. At that time the City shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self -insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
Exhibit E
Page 4of6
62
the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party,
the City will negotiate additional compensation proportional to the increased
benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other
regard.
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party's insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
16. The provisions of any workers' compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
Exhibit E
Page 5 of 6
63
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party 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.
Exhibit E
Page 6of6
64
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party's Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel selected by City), and hold harmless City and any and
all of its officials, employees, and agents ("Indemnified Parties") from and
against any and all claims, losses, liabilities of every kind, nature, and
description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs,
attorneys' fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the
extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear
the legal liability thereof) in the performance of professional services under
this agreement. With respect to the design of public improvements, the
Contracting Party shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified
in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than
in the performance of professional services and to the full extent permitted by
law, Contracting Party shall indemnify, defend (with counsel selected by City),
and hold harmless the Indemnified Parties from and against any liability
(including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs
of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses)
incurred in connection therewith and costs of investigation, where the same
arise out of, are a consequence of, or are in any way attributable to, in whole
or in part, the performance of this Agreement by Contracting Party or by any
individual or entity for which Contracting Party is legally liable, including but
not limited to officers, agents, employees, or subcontractors of Contracting
Pa rty.
C. Indemnity Provisions for Contracts Related to Construction
Limitation on Indemnity). Without affecting the rights of City under any
Exhibit F
Page 1 of 3
65
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent
and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Contracting Party will be for that entire
portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Desian Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall apply
to a Contracting Party who constitutes a "design professional" as the term is
defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold harmless
City and any and all of its officials, employees, and agents ("Indemnified
Parties") from and against any and all losses, liabilities of every kind, nature,
and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and
expenses, including, without limitation, incidental and consequential
damages, court costs, reimbursement of attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation, to the extent same are caused by any
negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Party.
3. Design Professional Defined. As used in this
Section F.1(d), the term "design professional" shall be limited to licensed
architects, registered professional engineers, licensed professional land
surveyors and landscape architects, all as defined under current law, and as
may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party
agrees to obtain executed indemnity agreements with provisions identical to
Exhibit F
Page 2of3
66
those set forth herein this Exhibit F, as applicable to the Contracting Party,
from each and every subcontractor or any other person or entity involved by,
for, with or on behalf of Contracting Party in the performance of this
Agreement. In the event Contracting Party fails to obtain such indemnity
obligations from others as required herein, Contracting Party agrees to be fully
responsible according to the terms of this Exhibit. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth in this Agreement are binding on the
successors, assigns or heirs of Contracting Party and shall survive the
termination of this Agreement.
Exhibit F
Page 3of3
67
CONSENT CALENDAR ITEM NO. 4
City of La Quinta
CITY COUNCIL MEETING October 5, 2021
STAFF REPORT
AGENDA TITLI : APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT
AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
MAP NO. 33336, PALO VERDE II, A RESIDENTIAL DEVELOPMENT LOCATED ON
THE NORTH SIDE OF AVENUE 58 WEST OF MADISON STREET
RECOMMENDATION
Approve Assignment and Assumption Agreement and Amendment to
Subdivision Improvement Agreement for on -site improvements for Tract Map
No. 33336, Palo Verde II, and authorize the City Manager to execute said
agreement.
EXECUTIVE SUMMARY
• Standard Pacific Corp has sold its interest in this tract to Palo Verde 37,
LLC (New Developer) and desires to assign the subdivision improvement
obligations to the New Developer.
• New Developer requests approval of Assignment and Assumption
Agreement and Amendment to Subdivision Improvement Agreement
(Agreement) for Tract Map No. 33336, Palo Verde II.
FISCAL IMPACT
There is no fiscal impact to the City. New Developer has submitted
replacement securities to guarantee construction of the improvements.
BACKGROUND/ANALYSIS
Palo Verde II is a residential development located at the north side of Avenue
58 west of Madison Street (Attachment 1).
In February 2009, Standard Pacific Corp entered into a Subdivision
Improvement Agreement for Palo Verde II. Standard Pacific Corp just recently
sold its interest in this tract to New Developer. The City will release Standard
Pacific Corp's securities upon executing the Agreement (Attachment 2).
. •j
ALTERNATIVE&
Staff does not recommend an alternative.
Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer
Attachments: 1. Vicinity Map
2. Assignment and Assumption Agreement and Amendment
to Subdivision Improvement Agreement
70
TM 33336 PALO VERDE II
VICINITY MAP
NOT TO SCALE
71
72
ASSIGNMENT AND ASSUMPTION AGREEMENT
AND
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 33336 ON -SITE IMPROVEMENTS
This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made
and entered into as of the 19_ day of _Mayo , 2021_, by and among the CITY OF
LA QUINTA, a municipal corporation of the State of California ("City"), Standard Pacific
Corp, a Delaware Corporation ("Assignor"), and Palo Verde 37, LLC, a California limited
liability company ("Assignee").
RECITALS
A. City and Assignor entered into that certain Subdivision Improvement
Agreement, dated February 18, 2009 ("SIX), pursuant to which Assignor, as the
"Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public
and/or private improvements on Tract No. 33336 ("Tract"), as more fully described in
Exhibit "A" of the SIA ("Improvements").
B. Standard Pacific Corp, as successor to Assignor, sold its interest in the
Tract to Assignee. In conjunction with such transfer, Assignor desires to assign the SIA,
and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire
to assume Assignor's position with respect to the SIA and of Assignor's rights and
obligations under the SIA subject to the terms of this Assignment & Amendment.
C. In connection with the foregoing described assignment and assumption,
the City and Assignee have agreed to certain modifications to the SIA as set forth
herein to be effective upon full execution of this Assignment & Amendment by all the
parties hereto.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the
covenants and promises hereinafter contained, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Assignment and Assumption. Assignor hereby transfers and assigns to
Assignee all of the Assignor's rights, title, and interest in and to, and obligations under,
the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and
obligations under, the SIA. City hereby consents to the foregoing assignment and
assumption.
F220
73
2. Replacement of Improvement Security. Pursuant to the SIA, Assignor
has furnished the City security for the Improvements in the form of:
(a) Faithful Performance Bond in the amount of $467,262 for the following
improvements:
ON -SITE IMPROVEMENTS
Performance Security
Improvement Description
Amount
Street
$130,930
Storm Drain
$54,300
Domestic Water
$47,310
Sanitary Sewer
$49,345
Dry Utilities
$23,376
Basin Landscaping
$47,725
Monumentation
$1,000
Standard 10% Contingency
$35,399
Professional Fees, Design 10%
$38,938
Professional Fees, Construction 10%
$38,938
TOTAL
$467,262
(b) Other (Specify type and amount):
1. Faithful Performance Bond for Fugitive Dust Control = $15,000
2. Cash Deposit for Fugitive Dust Control = $5,000
For purposes of this Assignment & Assumption, such security in the aggregate shall be
hereinafter referred to as "Improvement Security." Assignee hereby warrants that within
five (5) days of this executed Assignment and Amendment, it shall replace Assignor's
Improvement Security with security of its own in an amount equal to the Improvement
Security, unless the City otherwise determines at its discretion and in writing that such
security can be issued at a lesser amount. Assignee's security shall be in full
compliance with the terms and conditions stated in the SIA for such security. The City
agrees that upon receipt of evidence that Assignee has obtained such new security in a
form satisfactory to the City, the City shall release Assignor's Improvement Security.
3. Solvency. As a material inducement to the City to enter into the
Assignment & Assumption, Assignee hereby represents and warrants to City, and City
hereby relies on Assignee's representation and warranty, that Assignee is solvent and
has the financial capability of fulfilling each and every obligation and duty it takes on by
way of the Assignment & Assumption.
4. Incorporation of SIA Provisions: The SIA, and each provision therein,
unless otherwise modified in writing, is incorporated in this Assignment & Amendment in
its entirety and Assignee agrees and warrants that it assumes and is bound by each
obligation found in the SIA in the same manner as Assignor prior to this assignment.
F220 -2-
74
IN WITNESS WHEREOF, the parties hereto have executed this Assignment &
Amendment on day of ., 20
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7075
JON MCMILLEN, CITY MANAGER
City of La Quinta, California
ATTEST:
MONIKA RADEVA, CITY CLERK
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Date
ASSIGNOR: Standard Pacific Corp.
Address: �j�,p �U pr 2
Ct7►21�A , � . �i2g�i
30 2Pu
Its: _j?�r" Date
Its:
ASSIGNEE: Palo Verde 37, LLC
31932 Calle Caballos
T la, CA 92592
Its:
Date
lei I
ate
Date
F22o -3-
75
CALIFORNIA ALL—PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
File No: I.,
y
STATE OF California )SS APN No:
COUNTY OF ; .�
OnAILZ_s_,�
before me, ` P- , Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the prxsw(s) whose _1ame(s) i'! ire subscribed
instrument and acknowledged to me that,5Wshe/they executed the same in 11 her/their authorized ca aci (les)
(i�7lier/their signature s) on the instrument the rson(s), or the entity upon 'Fe -half of which the ep rson(s) acted,
instrument.
to the within
and that by
executed the
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my ha d and o cial seal.
PATRICIA SA R'!R
Signature COMM. #235633E Z
x Notary Public - Califomla
Riverside County o
m Comm. Ex fres Ma 27 2025
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
{❑ INDIVIDUAL
.�Q CORPORATE OFFICER(S) TITLE(S) MAlu xC
❑ PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ ATTORNEY -IN -FACT
[] TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
El OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity U / Nameklersono,ntity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DES RIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT y I�✓�'I S J7 Z'va'p-
SIGNER(S) OTHER THAN NAMED ABOVE l !
��_ Reproduced by Firs[ American T1W Company 1112007
76
California All -Purpose
Certificate of Ackiiowledgment
CIVIL CODE 1189
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of CaWornia 1)
County of )
personally appeared
who proved to rise on the basis of satisfactory evidence to be the persons} whose nameN is/art,
subscribed to the within instrument and acknowledged to me that hefteftey executed the same in
his/h'erlther authorized capacity), and that by his/ /t 'eir signature'(4 on the instrument the
person'), or the entity upon behalf of which the persons} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
116
WITNESS my hand and official seal. BETH BRULfY
11 Notary Public - California
,,+r Riverside County
' commission N 2247751
+ •�� My Comm. Expires Jui 24, 2022
Signature
(Seal)
77
CERTIFICATE OF INCUMBENCY
OF
STANDARD PACIFIC INVESTMENT CORP.
JULY 15, 2021
The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of
Standard Pacific Investment Corp., a Delaware corporation (the "Corporation"), hereby certifies
that:
Geoffrey Smith is a duly elected, qualified and acting Authorized Agent of
the Corporation, serving continuously in such capacity since his election on
February 13, 2018. He is incumbent in such office as of the date hereof and
is authorized to deliver and execute subdivision development agreements,
purchase agreements, subcontractor agreements, bond agreements,
utility agreements, permitting applications, vendor and consultant
contracts and any other necessary documents in connection with the land
development operations of the Corporation.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incumbency
on behalf of the Corporation, effective as of the date first written above.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Sworn to and subscribed before me this 15t1i day of July 2021, by Mark Sustana, Secretary
to Standard Pacific Investment Corp., a Delaware corporation, on behalf of the Corporation. He is
personally known to me and did not take an oath.
�PRLES GQ. ,//
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NOTARY PUBLIC
State of Florida
CONSENT CALENDAR ITEM NO. 5
City of La Quinta
CITY COUNCIL MEETING: October 5, 2021
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO ACKNOWLEDGE RECEIPT OF
RIVERSIDE COUNTY FIRE DEPARTMENT'S ANNUAL INSPECTION REPORT
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4
RECOMMENDATION
Adopt a resolution acknowledging receipt of the Riverside County Fire
Department's Annual Inspection Report pursuant to California Health and Safety
Code Section 13146.4.
EXECUTIVE SUMMARY
• State law requires all fire departments to perform annual inspections for
compliance with building standards.
• State law requires all fire departments to submit an Annual Inspection
Report (Attachment 1) to its City, and for the municipality to adopt a
resolution to acknowledge receipt of the report.
All state mandated inspections in the City were performed.
FISCAL IMPACT — None.
BACKGROUND/ANALYSIS
Per state law, the Riverside County Fire Department is submitting the Annual
Inspection Report to the City, which includes completed inspections of public and
private school facilities, hotels, motels, apartment units, and some residential care
facilities for fiscal year 2020/21.
I,TERNATIVEr
As this is a state mandated requirement, there are no alternatives.
Prepared by: Martha Mendez, Public Safety Manager
Approved by: Chris Escobedo, Community Resources Director
Attachment: 1. FY 2020-2021 Annual Inspection Report
W
:1
RESOLUTION NO. 2021 — XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
ACKNOWLEDGING RECEIPT OF RIVERSIDE
COUNTY FIRE DEPARTMENT'S ANNUAL
INSPECTION REPORT PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE
SECTION 13146.4
WHEREAS, The City of La Quinta contracts with County of Riverside Fire
Department for Fire Services; and
WHEREAS, California Health & Safety Code (CA H&S) Section 13146.4
requires all fire departments, including the Riverside County Fire Department,
that provide fire protection services to report annually to its administering
authority on its compliance with CA H&S Sections 13146.2 and 13146.3; and
WHEREAS, CA H&S Sections 13146.2 and 13146.3 require all fire
departments that provide fire protection services to perform annual
inspections in every building used as a public or private school, hotel, motel,
lodging house, apartment house, and certain residential care facilities for
compliance with building standards, as provided; and
WHEREAS, the City Council of the City of La Quinta intends this
Resolution to fulfill the requirements of the CA H&S Section 13146.4 regarding
acknowledgment of the Riverside County Fire Department's compliance with
CA H&S Sections 13146.2 and 13146.3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The City Council hereby acknowledges the measure of
compliance of the Riverside County Fire Department with CA H&S Sections
13146.2 and 13146.3 in the City of La Quinta for the time period of July 1,
2020 to June 30, 2021, attached hereto and incorporated by this reference as
"Exhibit A."
SECTION 2. Educational Group E occupancies, for the purposes of this
Resolution, are generally those public and private schools, used by more than
six persons at any one time for educational purposes through the 12th grade.
The Riverside County Fire Department completed 100% of the onsite initial
Resolution No. 2021-XXX
Riverside County Fire Annual Inspection Report
Adopted: October 5, 2021
Page 2 of 3
annual inspections of the identified Group E occupancies, buildings, structures
and/or facilities in the City of La Quinta.
SECTION 3. Residential Group R occupancies, for the purposes of this
Resolution, are generally those occupancies containing sleeping units, and
include hotels, motels, apartments (three units or more), etc. as well as other
residential occupancies (including a number of residential care facilities).
These residential care facilities have a number of different sub -classifications,
and they may contain residents or clients that have a range of needs, including
those related to custodial care, mobility impairments, cognitive disabilities,
etc. The residents may also be non -ambulatory or bedridden. The Riverside
County Fire Department completed 100% of the onsite initial annual
inspections of the identified Group R occupancies, buildings, structures and/or
facilities in the City of La Quinta.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 5t" day of October, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
Resolution No. 2021-XXX
Riverside County Fire Annual Inspection Report
Adopted: October 5, 2021
Page 3 of 3
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
ATTACHMENT 1
LA QUINTA OFFICE OF THE FIRE MARSHAL - FISCAL YEAR 2020/2021 - STATE FIRE MARSHAL
- MANDATED ANNUAL INSPECTIONS - REPORT
Fire
Property Status
Initial
Occupant Name
Address
Street
Occupancy
Inspected by
Code
Inspection Date
Num
Classification
Case
18-2206
STATE FIRE MARSHAL
10/8/2020
CORAL MOUNTAIN APARTMENTS
79625
VISTA CORALINA LN
R-2
FSS K. Hetrick
MANDATED
18-2023
STATE FIRE MARSHAL
10/14/2020
AVENTINE APARTMENTS
47750
ADAMS ST
R-2
FSS K. Hetrick
MANDATED
19-0469
STATE FIRE MARSHAL
10/15/2020
VISTA DUNES APARTMENTS
44950
VISTA DUNES
R-2
FSS K. Hetrick
MANDATED
17-2043
STATE FIRE MARSHAL
11/5/2020
HOMEWOOD SUITES BY HILTON
45200
WASHINGTON ST
R-1
FSS K. Hetrick
MANDATED
20-0414
STATE FIRE MARSHAL
11/5/2020
WASHINGTON STREET APARTMENTS
78101
HIDDEN RIVER RD
R-2 (78075
FSS K. Hetrick
MANDATED
INCLUDED)
20-2306
STATE FIRE MARSHAL
12/1/2020
RESIDENCE INN - MARRIOTT
79675
HIGHWAY 111
R-1
FSS K. Hetrick
MANDATED
18-2024
STATE FIRE MARSHAL
12/17/2020
LEGACY VILLAS (RESIDENTIAL)
48800
LEGACY DR
R-2
FSS K. Hetrick
MANDATED
18-2102
STATE FIRE MARSHAL
12/17/2020
VILLA CORTINA APARTMENTS
50701
WASHINGTON ST
R-2
FSS K. Hetrick
MANDATED
20-1198
STATE FIRE MARSHAL
12/23/2020
FOURPLEX
51080
AVENIDA MENDOZA
R-2
FSS K. Hetrick
MANDATED
18-2254
STATE FIRE MARSHAL
1/6/2021
LA QUINTA COURTYARD
51020
EISENHOWER DR
R-2
FSS K. Hetrick
MANDATED
19-2015
STATE FIRE MARSHAL
1/7/2021
THE CHATEAU @ LAKE LA QUINTA
78120
CALEO BAY
R-1
FSS K. Hetrick
MANDATED
18-2103
STATE FIRE MARSHAL
1/7/2021
VILLAGGIO APARTMENTS
80175
AVENUE 52
R-2
FSS K. Hetrick
MANDATED
mm
LA QUINTA OFFICE OF THE FIRE MARSHAL - FISCAL YEAR 2020/2021 - STATE FIRE MARSHAL
- MANDATED ANNUAL INSPECTIONS - REPORT
Fire
Property Status
Initial
Occupant Name
Address
Street
Occupancy
Inspected by
Code
Inspection Date
Num
Classification
Case
20-1221
STATE FIRE MARSHAL
1/20/2021
STADIUM (CONDOS) @ PGA WEST
55400
PGA BLVD
R-2
FSS K. Hetrick
MANDATED
18-1871
STATE FIRE MARSHAL
1/28/2021
SEASONS @ LA QUINTA
40915
RAINBOW CT
R-2
FSS K. Hetrick
MANDATED
18-1873
STATE FIRE MARSHAL
2/3/2021
EMBASSY SUITES
50777
SANTA ROSA PLAZA
R-1
FSS K. Hetrick
MANDATED
19-0577
STATE FIRE MARSHAL
2/8/2021
CALEO BAY ALZHEIMERS
47805
CALEO BAY
R-2.1
FSS K. Hetrick
MANDATED
19-1794
STATE FIRE MARSHAL
2/24/2021
CASITAS LAS ROSAS
50777
SANTA ROSA PLAZA
R-2
FSS K. Hetrick
MANDATED
18-2091
STATE FIRE MARSHAL
3/8/2021
WOLFF WATERS PLACE APTS.
47795
DUNE PALMS RD
R-2
FSS K. Hetrick
MANDATED
19-0305
STATE FIRE MARSHAL
3/9/2021
BENJAMIN FRANKLIN ELEMENTARY
77800
CALLE TAMPICO
E
FSI B. Fergusson
MANDATED
19-0142
STATE FIRE MARSHAL
3/10/2021
HARRY S TRUMAN ELEMENTARY
78870
AVENUE 50
E
FSS M. Escobedo
MANDATED
SCHOOL
19-0145
STATE FIRE MARSHAL
3/10/2021
LA QUINTA MIDDLE SCHOOL
78900
AVENUE 50
E
FSS M. Escobedo
MANDATED
19-0207
STATE FIRE MARSHAL
3/10/2021
JOHN ADAMS ELEMENTARY SCHOOL
50800
DESERT CLUB
E
FSS M. Escobedo
MANDATED
19-0302
STATE FIRE MARSHAL
3/15/2021
COLONEL MITCHELL PAIGE MIDDLE
43495
PALM ROYALE
E
FSI -Trainee - C.
MANDATED
SCHOOL
Gallegos
19-0304
STATE FIRE MARSHAL
3/15/2021
HORIZON / SUMMIT SCHOOL
43330
PALM ROYALE
E
FSI -Trainee - C.
MANDATED
Gallegos
17-2280
STATE FIRE MARSHAL
3/17/2021
LA QUINTA HIGH SCHOOL
79255
BLACKHAWK WAY
E
FSI B. Fergusson
MANDATED
LA QUINTA OFFICE OF THE FIRE MARSHAL - FISCAL YEAR 2020/2021 - STATE FIRE MARSHAL
- MANDATED ANNUAL INSPECTIONS - REPORT
Fire
Property Status
Initial
Occupant Name
Address
Street
Occupancy
Inspected by
Code
Inspection Date
Num
Classification
Case
18-1787
STATE FIRE MARSHAL
3/17/2021
SILVERHAWK APARTMENTS
50660
EISENHOWER DR
R-2
FSS K. Hetrick
MANDATED
19-1235
STATE FIRE MARSHAL
3/18/2021
THE PALMS - GRACIOUS LIVING
45190
SEELEY DR
R-2 SENIOR
FSS K. Hetrick
MANDATED
APARTMENTS
18-2253
STATE FIRE MARSHAL
3/22/2021
MEDITERRA
43100
PALM ROYALE DR
R-2
FSS K. Hetrick
MANDATED
17-2023
STATE FIRE MARSHAL
4/12/2021
VILLA TAMPICO (4 PLEX)
77855
CALLE TAMPICO
R-2
FSS K. Hetrick
MANDATED
17-2024
STATE FIRE MARSHAL
4/12/2021
VILLA TAMPICO (4 PLEX)
77835
CALLE TAMPICO
R-2
FSS K. Hetrick
MANDATED
18-1316
STATE FIRE MARSHAL
4/19/2021
THE PALMS - ASSISTED LIVING
45160
SEELEY DR
R-2.1
FSS K. Hetrick
MANDATED
18-2590
STATE FIRE MARSHAL
4/26/2021
TRIPLEX
51165
EISENHOWER DR
R-2
FSS K. Hetrick
MANDATED
18-2248
STATE FIRE MARSHAL
5/11/2021
LA QUINTA COTTAGES
51049
EISENHOWER DR
R-2 / 51099
FSS K. Hetrick
MANDATED
EISENHOWER DR
20-1203
STATE FIRE MARSHAL
5/11/2021
MULTIPLEX
51100
AVENIDA NAVARRO
R-2
FSS K. Hetrick
MANDATED
18-1874
STATE FIRE MARSHAL
5/11/2021
HADLEY VILLAS
78875
AVENUE 47
R-2
FSS K. Hetrick
MANDATED
18-1872
STATE FIRE MARSHAL
5/12/2021
LA QUINTA DESERT VILLAS
45245
SEELEY DR
R-2
FSS K. Hetrick
MANDATED
19-2018
STATE FIRE MARSHAL
5/20/2021
PALM ROYALE - RESIDENTIAL
78259
EMERALD DR
R-2
FSS K. Hetrick
MANDATED
18-0181
STATE FIRE MARSHAL
5/25/2021
LA QUINTA RESORT - CASITAS
49499
EISENHOWER DR
R-1 (200-900 units)
FSS K. Hetrick
MANDATED
LA QUINTA OFFICE OF THE FIRE MARSHAL - FISCAL YEAR 2020/2021 - STATE FIRE MARSHAL
- MANDATED ANNUAL INSPECTIONS - REPORT
Fire
Property Status
Initial
Occupant Name
Address
Street
Occupancy
Inspected by
Code
Inspection Date
Num
Classification
Case
18-1879
STATE FIRE MARSHAL
5/25/2021
LA QUINTA RESORT - VINTAGE CASITAS
49499
EISENHOWER DR
R-1
FSS K. Hetrick
MANDATED
TOTAL FACILITIES = 39 / E (EDUCATIONAL) = 7 / R-1 (HOTELS) = 6 / R-2 (APARTMENTS/CONDOS) = 24 / R-2.1 (RESIDENTIAL CARE) = 2
CONSENT CALENDAR ITEM NO. 6
City of La Quinta
CITY COUNCIL MEETING October 5, 2021
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO AUTHORIZE APPLICATION AND
DESIGNATION OF THE CITY MANAGER AS AUTHORIZED AGENT FOR THE CITY
FOR PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED
BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY
RECOMMENDATION
Adopt a Resolution authorizing application and designating the City Manager,
or his/her designee, as authorized agent for the City for purposes of obtaining
federal financial assistance provided by the Federal Department of Homeland
Security and sub -granted through the State of California and the County of
Riverside.
EXECUTIVE SUMMARY
• California Governor's Office of Emergency Services requires that the City
Council update Resolution Nos. 2017-054 and 2018-019 to be eligible to
apply for and receive federal financial assistance
• The Department of Homeland Security (DHS) offers financial assistance
through the Emergency Management Performance Grant (EMPG) and
State Homeland Security Program (SHSP) grant.
• The grant applicant's governing body must authorize, by resolution, its
approval to submit grant applications and designate an individual to
execute documents.
FISCAL IMPACT
The City could receive $10,000 to $15,000 through EMPG (Account No. 226-
0000-43120) and $4,000 to $6,000 through SHSP (Account No. 227-0000-
43120). If the funds are awarded, the operating budget would be amended
to account for the grant revenue.
IV
BACKGROUND/ANALYSIS
Annually, the City seeks funds to improve emergency services; the total
combined grant awarded amounts range from $15,000 to $20,000. The City
has utilized awarded grant funds for planning, equipment, and preparedness
training to prevent, respond, and recover from catastrophic events. These
grants would be used for the alert and warning system, care and shelter
equipment, equipment upgrades, personal protective equipment as well as
preparedness training. This resolution will be in effect for the duration of the
FY 2020, FY 2021, and FY 2022 grant performance periods of the EMPG and
SHSP grants.
ALTERNATIVES
Council can elect to not pursue this grant opportunity.
Prepared by: Zander Johnston, Sr. Emergency Management Coordinator
Approved by: Chris Escobedo, Community Resources Director
II
RESOLUTION NO. 2021 — XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
AUTHORIZING APPLICATION AND
DESIGNATING THE CITY MANAGER OR HIS/HER
DESIGNEE AS AUTHORIZED AGENT FOR THE
PURPOSES OF OBTAINING FEDERAL FINANCIAL
ASSISTANCE PROVIDED BY THE FEDERAL
DEPARTMENT OF HOMELAND SECURITY AND
SUB -GRANTED THROUGH THE STATE OF
CALIFORNIA AND THE COUNTY OF RIVERSIDE
WHEREAS, the Department of Homeland Security (DHS) annually
offers the State Homeland Security Program (SHSP) Grant to local
governments administered by the California Office of Emergency Services
(Cal OES) through all counties; and
WHEREAS, the DHS and Federal Emergency Management Agency
(FEMA) annually offer the Emergency Management Performance Grant
Program (EMPG) to local governments administered by the Cal OES through
all counties; and
WHEREAS, the Riverside County Emergency Management Department
(EMD) has requested that all jurisdictions apply for SHSP Grant assistance and
EMPG program assistance to further the State of California's (State) efforts to
prepare for natural and man-made disasters and terrorism related impacts to
our communities; and
WHEREAS, in furtherance of this authority Cal EOS is required to
establish procedures governing the application, awarding, and management
of the grant (Grant Application Procedures); and
WHEREAS, Grant Application Procedures require an applicant's
governing body to authorize by resolution its approval for submittal of the
grant application, and the designation by job title of the individual authorized
to execute all grant documents on behalf of the City of La Quinta (City); and
WHEREAS, the City adopted Resolution No. 2017-054 on October 17,
2017 and Resolution No. 2018-019 on May 1, 2018 to comply with each of the
above listed requirements by Cal EOS, respectively; and
WHEREAS, the California Governor's Office of Emergency Services
low
Resolution No. 2021 - xxx
Emergency Management and Homeland Security Grant Programs Authorizations
Adopted: October 5, 2021
Page 2 of 3
requires that the City Council update Resolution Nos. 2017-054 and 2018-019
in order to be eligible to apply for and receive federal financial assistance
provided by the federal DHS and sub -granted through the State and the
County of Riverside EMD; and
WHEREAS, the City of La Quinta desires to continue to accept the SHSP
and EMPG grants for grant years 2020 through 2022; and
WHEREAS, if awarded, the City will enter into a grant agreement with
Riverside County and Cal OES for implementation of said grant(s).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, as follows:
SECTION 1. Authorizes the submittal of application(s) to Riverside County
EMD for SHSP and EMPG grants for which the City is eligible.
SECTION 2. That the City Manager or his/her designee are hereby
authorized to execute and submit for and on behalf of the City, a local
government established under the laws of the State of California, applications
and other related documents, including agreements amendments, extensions,
and grant award documents, for the purpose of obtaining federal financial
assistance provided by the federal DHS and sub -granted through the State of
California.
SECTION 3. Resolution Nos. 2017-054 and 2018-019 are hereby repealed
and superseded by this resolution.
SECTION 4. That this authorization shall be in effect for the performance
periods associated with SHSP and EMPG fiscal years 2020, 2021 and 2022.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 5th day of October, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution No. 2021 - xxx
Emergency Management and Homeland Security Grant Programs Authorizations
Adopted: October 5, 2021
Page 3 of 3
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
93
City of La Quints
CITY COUNCIL MEETING
STAFF REPORT
October 5, 2021
CONSENT CALENDAR ITEM NO. 7
AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE,
AND ADVERTISE FOR BID THE LAKE CAHUILLA ROAD PAVEMENT
IMPROVEMENT PROJECT NO. 2021-07
RECOMMENDATION
Approve plans, specifications, engineer's estimate, and authorize Staff to bid
the Lake Cahuilla Road Pavement Improvement Project, located between the
Quarry development entrance and Lake Cahuilla Park.
EXECUTIVE S
• This project will place a two-inch (2") asphalt concrete overlay onto the
existing Lake Cahuilla Road for approximately 2,000 feet between the
Quarry development entrance and Lake Cahuilla Park (Attachment 1).
• This project is being requested for safety purposes since this road is part
of the Iron Man route. The improvements will help protect the users from
uneven pavement.
• This project is not currently a part of the City's Capital Improvement
Program (CIP). Staff is currently only requesting authorization to
advertise and will present bids and request for funding at a separate
meeting.
FISCAL IMPACT
There is currently no fiscal impact to advertise the project. City Staff is working
with the other stakeholders for opportunities to cost share. The following is the
anticipated project budget:
Total Budget
Professional/Design:
$
32,000
Inspection/Testing/Survey:
$
18,000
Permitting:
$
5,000
Construction:
$
179,000
Contingency:
$
26,000
Total Budget:
$
260,000
W
BACKGROUND/ANALYSIS
As part of the preparation for this year's Iron Man event, staff inspected the
route and found that the section of Lake Cahuilla Road between the Quarry
development entrance and Lake Cahuilla Park is in need of repair. The road
currently is uneven which could make it difficult for pedestrian and bicycle users
to use the road.
City Staff is working with the other stakeholders of the event and road to see
if there are cost sharing opportunities. Staff will present all findings and bids at
a subsequent Council Meeting prior to any fiscal impacts. Staff is currently
trying to meet a December deadline to repair the road.
Contingent upon approval to advertise the project for bid on October 5, 2021,
the following is the project schedule:
Council Bid Authorization
Bid Period
Council Considers Project Award
Execute Contract and Mobilize
Construction (10 Working Days)
Accept Improvements
ALTERNATIVES
October 5, 2021
October 5, 2021 to October 26, 2021
November 2, 2021
November 3 to November 15, 2021
November 15 to November 30 2021
December 2021
Council may direct staff to pursue a less costly but rougher finish alternative
such as slurry seal.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachment: 1. Vicinity Map
ATTACHMENT 1
Project Vicinity Map
'�
-
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- �. : • : - - `_.}iL ti, � of .• � -. ti
97
9E.,
BUSINESS SESSION ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING: October 5, 2021
STAFF REPORT
AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING
SECTION 3.25.055 OF THE LA QUINTA MUNICIPAL CODE RELATED TO NON -
ISSUANCE OF NEW SHORT-TERM VACATION RENTAL PERMITS TO PROVIDE AN
EXCEPTION FOR THE LA QUINTA RESORT TENNIS VILLAS
RECOMMENDATION
A. Move to take up Ordinance No. _ by title and number only and waive
further reading.
B. Move to introduce at first reading, Ordinance No. _ to amend Section
3.25.055 of the La Quinta Municipal Code related to Non -Issuance of New
Short -Term Vacation Rental Permits.
EXECUTIVE SUMMAKY
• Section 3.25.055 - Non -issuance of new short-term vacation rental (STVR)
permits was added to the La Quinta Municipal Code (LQMC) on May 20,
2021, imposing a citywide moratorium on the issuance of new STVR
permits.
• Specific areas within the City designated to operate as STVRs are exempt
from the moratorium.
• This code amendment would add the La Quinta Resort Tennis Villas to the
moratorium exemption.
FISCAL IMPACT - None.
BACKGROUND/ANALYSIS
On May 20, 2021, Section 3.25.055 - Non -issuance of new STVR permits of the
LQMC went into effect imposing a citywide moratorium on the issuance of new
STVR permits until further notice. This section provides limited exceptions to
the moratorium for properties located within the CT Tourist Commercial District
and Village Commercial District zones, or within a residential project subject to
WE
a development agreement with the City or a condition(s) of approval attached
to any entitlement approved by the City.
The area identified in the La Quinta Resort Specific Plan (as amended) and
commonly known as the La Quinta Resort Tennis Villas/Tennis Condos area is
proposed to be added to the exemptions from the moratorium in LQMC Section
3.25.055 given its adjacent location to the La Quinta Resort and CT Tourist
Commercial District zone, which was built for and has historically allowed
STVRs. The Tennis Villas are within the gated boundaries of the La Quinta
Resort and are connected to the resort via a direct driveway/road designated to
provide access for guests to the resort amenities and facilities.
ALTERNATIVES
Council may elect not to adopt the proposed code amendments.
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachment: La Quinta Resort Tennis Villas Vicinity Map
100
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL
CODE BY AMENDING SECTION 3.25.055 RELATED
TO NON -ISSUANCE OF NEW SHORT-TERM
VACATION RENTAL PERMITS TO PROVIDE AN
EXCEPTION FOR THE LA QUINTA RESORT TENNIS
VILLAS/TENNIS CONDOS
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC)
relates to short-term vacation rentals; and
WHEREAS, the City has the authority to regulate businesses operating
within the City; and
WHEREAS, Chapter 3.25 of the LQMC addresses permitted uses, short-
term vacation rental process and permitting procedures; and
WHEREAS, given the adjacent location to the La Quinta Resort and CT
Tourist Commercial District zone, which was built for and has historically
allowed short-term vacation rentals, the area identified in the La Quinta
Resort Specific Plan (as amended) and commonly known as the La Quinta
Tennis Villas/Tennis Condos area should be included as an area which allows
for the ability to obtain and have issued new short-term vacation rental
permits.
NOW, THEREFORE, the City Council of the City of La Quinta does
ordain as follows:
SECTION 1. Chapter 3.25 shall be amended as written in "Exhibit A"
attached hereto and incorporated herein by reference.
SECTION 2. Corrective Amendments: The City Council does hereby
grant the City Clerk the ability to make minor amendments and corrections of
typographical or clerical errors to "Exhibit A" to ensure consistency of all
approved text amendments prior to the publication in the La Quinta Municipal
Code.
SECTION 3. Posting: The City Clerk shall, within 15 days after passage
of this Ordinance, cause it to be posted in at least three public places
designated by resolution of the City Council, shall certify to the adoption and
101
Ordinance No.
Amendments to Section 3.25.055 Related to Short -Term Vacation Rentals
Adopted: 2021
Page 2 of 6
posting of this Ordinance, and shall cause this Ordinance and its certification,
together with proof of posting to be entered into the Book of Ordinances of
the City of La Quinta.
SECTION 4. Effective Date: This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
SECTION S. Severability: If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance is, for any reason,
held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that
it would have adopted this Ordinance and each and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more section, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared
unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La
Quinta City Council held this day of , 2021 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
102
Ordinance No.
Amendments to Section 3.25.055 Related to Short -Term Vacation Rentals
Adopted: 2021
Page 3 of 6
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
103
Ordinance No.
Amendments to Section 3.25.055 Related to Short -Term Vacation Rentals
Adopted: 2021
Page 4 of 6
EXHIBIT A
Title 3 - REVENUE AND FINANCE
Chapter 3.25 SHORT-TERM VACATION RENTALS
Chapter 3.25 SHORT-TERM VACATION RENTALS
3.25.055 Non -issuance of new short-term vacation rental permits;
periodic council review.
A. Commencing May 20, 2021, which is the effective date of the ordinance
adding this section, there shall be no processing of, or issuance for, any
applications for a new short-term vacation rental permit, required by this
chapter to use or operate a short-term vacation rental unit in the city,
except applications for a new a short-term vacation rental permit
covering a short-term vacation rental unit that meets one (1) or more of
the following:
1. A residential dwelling within a residential project located in the CT
Tourist Commercial District zone, as defined in Section 9.70.070 (or
successor section) of this code and depicted in the city's official zoning
map.
2. A residential dwelling within a residential project located in the VC
Village Commercial District zone, as defined in Section 9.70.100 (or
successor section) of this code and depicted in the city's official zoning
map.
3. A residential dwelling within a residential project subject to a
development agreement with the city, or subject to a condition of
approval(s) attached to any entitlement approved by the city (including
but not limited to a specific plan, subdivision map, or site development
permit), pursuant to which short-term vacation rentals are a permitted
use, and the residential dwelling's use as a short-term vacation rental
is authorized under a declaration of covenants, conditions, and
restrictions (CC&Rs), for the residential project.
4. A residential dwelling within the area covered by the SilverRock Resort
Specific Plan.
5. A residential dwelling is located adjacent to the CT Tourist Commercial
District zone, as defined in La Quinta Municipal Code Section 9.70.070
104
Ordinance No.
Amendments to Section 3.25.055 Related to Short -Term Vacation Rentals
Adopted: 2021
Page 5 of 6
and depicted in the City's Official Zoning Map, and within the following
boundaries: west of Avenida Obregon, south of the Avenida Fernando,
east of Calle Mazatlan, and north of the driveway access between Calle
Mazatlan and Avenida Obregon that serves as a southern boundary for
the La Quinta Tennis Villas/Tennis Condos area identified on Page 25 of
the La Quinta Resort Specific Plan, 121 E - Amendment 5 (as may be
subsequently amended from time to time). For purposes of this
subsection, 'adjacent to" means across the street from or accessible by
a driveway or service road designed to provide access to area(s) within
the CT Tourist Commercial District zone.
B. The city manager or authorized designee shall have the authority to
implement policies or procedures to review and verify whether an
application for a new short-term vacation rental permit meets the
criteria set forth in this section.
C. This section shall not apply to applications for a renewal of an existing
short-term vacation rental permit and business license, submitted in
compliance with this chapter, including when the short-term vacation
rental permit is under suspension during the time for processing the
renewal application. Applications for renewals must be submitted as
prescribed by this chapter. Any short-term vacation rental unit, covered
by a permit that is subject to an application for renewal, which is under
temporary suspension in violation of this chapter or any other provisions
of this code, shall not become permitted to use the dwelling as a short-
term vacation rental unit until all violations that led to the temporary
suspension have been remedied and the suspension has expired. Any
revoked short-term vacation rental permit shall not be eligible for
renewal or new short-term vacation rental permit.
D. The city council shall periodically review the impacts or effects, if any,
caused by the non -issuance of new short-term vacation rental permits
set forth in this section. The city manager or authorized designee shall
prepare a report assessing impacts or effects, if any, for the council to
review at a regular or special meeting.
( Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 591 § 1(Exh. A), 4-20-2021)
105
Ordinance No.
Amendments to Section 3.25.055 Related to Short -Term Vacation Rentals
Adopted: 2021
Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. 595
which was introduced at a regular meeting on the 1st day of June, 2021, and
was adopted at a regular meeting held on the 15th day of June, 2021, not
being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within
the City of La Quinta as specified in the Rules of Procedure adopted by City
Council Resolution No. 2015-023.
MONIKA RADEVA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on June 16, 2021, pursuant
to Council Resolution.
MONIKA RADEVA, City Clerk
City of La Quinta, California
106
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City of La Quints BUSINESS SESSION ITEM NO. 2
CITY COUNCIL MEETING: October 5, 2021
STAFF REPORT
AGENDA TITLE: APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS
FOR FISCAL YEAR 2021/22
RECOMMENDATION
Approve first round Community Service Grants for fiscal year 2021/22.
EXECUTIVE SUMMARY
• Council considers Community Services Grants and Economic
Development/Marketing funding requests three times per fiscal year.
• Eight grant applications were received and reviewed by the Community
Services Grant Ad Hoc Committee (Committee).
FISCAL IMPACT
The total 2021/22 grant budget is $60,000 (Account No. 101-3001-60510)
allocated to Community Services Grants. Eight organizations submitted a total
of $29,000 in grant requests. The Committee recommends funding $21,500
of these requests. If approved, the remaining budget would be $38,500.
BACKGROUND/ANALYSIS
Grants are awarded to 501(c)3 non-profit groups and organizations that
benefit La Quinta residents and strengthen the business community. Grants
are limited to $5,000 per request and consecutive fiscal year funding is not
allowed (Attachment 1).
The Starter Grant category, created by Council, is for organizations applying
for the first time. This allows first time applicants up to $500 of funding and
eligibility to apply again the next fiscal year.
The Committee, compromised of Mayor Evans and Council Member Pena,
reviewed all applications, and recommended the following:
109
Applicant
Academy of Musical Performance
Alzheimer's Association
Assistance League Coachella Valley
Desert Arc
Galilee Center
John Glenn Middle School*
Soroptimist House Inc.*
YMCA of the Desert
Total
*Starter Grant Applicant
Requested
Committee
Recommendation
$2,500
$5,000
$5,000
$5,000
$3,000
$1,500
$5,000
$5,000
$5,000
$1,500
$500
$500
$500
$500
$5,000
$5,000
$29,000 $21,500
Attachment 2 presents all submitted grant requests. All Applications are
available for review in the Community Resources Department.
ALTERNATIVES
Council may modify and/or deny funding for any or all grant applications
received.
Prepared by: Christina Calderon, Community Resources Manager
Approved by: Chris Escobedo, Community Resources Director
Attachments: 1. Community Services Grant Overview
2. Recommended Grant Requests
110
ATTACHMENT 1
The City of La Quinta offers a grant program for community services support.
• Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta.
• Grants are considered and funded up to three times per year (rounds).
• All three rounds are held within the city's fiscal year (July 1—June 30).
• Organizations that have been funded are ineligible for funding for the next fiscal year.
• All funding requests are limited to an amount not to exceed $5,000.
7 IS MY ORGANIZATION ELIGIBLE?
Q: How much money is available?
A: Requests are limited to an amount not to exceed $5,000. Any funding amount requested could be adjusted to a lesser amount
at the discretion and approval of the City Council.
Q: Who can apply for this grant?
A: Applications are accepted from recognized nonprofit organizations that directly benefit La Quinta residents. Second
consideration is given to nonprofit organizations that indirectly affect the quality of life for the residents of La Quinta.
Q: Can an individual apply for this grant?
A: No, individuals are not eligible for funding through the City of La Quinta grant program
Q: What if my organization is applying for a grant for the first time?
A: Organizations applying to the Community Services Grant program for the first time are eligible for a 'Starter Grant". The
"Starter Grant" allows first time applicants grant funding up to $500 if they demonstrate their commitment to provide services to
the La Quinta community. If an organization is selected to receive the 'Starter Grant" they would then be eligible to apply to the
program again the next fiscal year.
Q: Can my organization request "seed" money for a start-up?
A: Yes, organizations can request "seed" money, however they are required to obtain matching funds from other sources in the
some fiscal year before the grant funds will be released.
Q: Is my organization eligible if we received Community Development Block Grant (CDBG) funds?
A: No, organizations that receive CDBG funds from the City of La Quinta during the same fiscal year are not eligible for funding.
Q: Is my organization eligible if we received Community Services Grant (CSG) funds in the past?
A: Yes, and No. Organizations that were funded before June 30, 2020 are now eligible to apply. Organizations that were funded
after July 1, 2020 are ineligible for funding and must wait until July 1, 2022 to re -apply.
TWF ':•
What you need to do:
1. Determine eligibility based on the information provided above. If eligible, proceed to step 2.
2. Review the grants calendar for submission dates (in E). If within due date, proceed to step 3.
3. Fill out the grant application. Once completed proceed to step 4.
4. Submit application via email to ccalderon@laguintaca.gov, or in person to the Wellness Center.
a. The Wellness Center is located at 78450 Avenida La Fonda, La Quinta, CA 92253.
The next steps:
5. Applications are received and reviewed by staff to ensure eligibility and completeness.
6. Completed grant applications will be reviewed by a designated Grant Review Committee (in ME).
a. The committee's review includes consideration of the funding amount, the intended use of the funds, and the
organizations service to the community. If the committee approves the application, they will then recommend
for approval to the City Council.
7. Committee approved applications are submitted to the City Council for consideration and approval (in )
8. If approved, funds will be dispersed to grantee (in white) and can be spent over a 12-month period.
9. Funding expenditures will need to be reported to the city at 6 months and a full reconciliation form with supporting
documentation will be due before the end of the 12-month period.
For more information on the City of La Quinta Grant program, please contact the Community Resources Department at the
Wellness Center 760.564-0096 or at 760.777.7183
111
The City of La Quinta offers a grant program for marketing and event sponsorship.
• Marketing/Sponsorship Grants go to nonprofit organizations that would benefit the City of La Quinta in a marketing
capacity.
• Economic Development Grants go to organizations that will help strengthen the business community in La Quinta.
• Grants are considered and funded up to three times per year (rounds).
• Organizations that have been funded are ineligible for funding for the next fiscal year.
• All three rounds are held within the city's fiscal year (July 1- June 30).
• All funding requests must include a detailed marketing/media plan to be considered.
Q: How much money is available?
A: Requests are limited to an amount not to exceed $5,000. A second tier is available for Economic Development/Marketing
requests above $5,000 (submission of a detailed marketing/media plan is required). For Economic Development/Marketing
requests above $5,000, an in depth review will be conducted by the La Quinta Marketing Committee. Any funding amount
requested could be adjusted to a lesser amount at the discretion and approval of the City Council.
Q: Who can apply for this grant?
A: Applications are accepted from recognized organizations that would benefit the City of La Quinta in a marketing capacity.
Second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta.
Q: Can an individual apply for this grant?
A: No, individuals are not eligible for funding through the City of La Quinta grant program.
Q: Can my organization request "seed" money for a start-up?
A: Yes, organizations can request "seed" money; however, they are required to obtain matching funds from other sources
in the some fiscal year before the grant funds will be released.
Q: Is my organization eligible if we received Community Development Block Grant (CDBG) funds?
A: No, organizations that receive CDBG funds from the City of La Quinta during the some fiscal year are not eligible for
funding.
Q: Is my organization eligible if we received Community Services Grant (CSG) funds in the past?
A: Yes, and No. Organizations that were funded before June 30, 2020 are now eligible to apply. Organizations that were
funded after July 1, 2020 are ineligible for funding and must wait until July 1, 2022 to re -apply.
What you need to do:
1. Determine eligibility based on the information provided above. If eligible, proceed to step 2.
2. Review the grants calendar for submission dates (in E). If within due date, proceed to step 3.
3. Fill out the grant application. Once completed proceed to step 4.
4. Submit application via email to ccalderon@laquintaca.gov, or in person to the Wellness Center.
a. The Wellness Center is located at 78450 Avenida La Fonda, La Quinta, CA 92253.
The next steps:
5. Applications are received and reviewed by staff to ensure eligibility and completeness.
6. Completed grant applications will be reviewed by a designated Grant Review Committee (in
a. The committee's review includes consideration of the funding amount, the included marketing/media
plans, and the amount of impressions and visitors the event would bring to the city. If the committee
approves the application, they will then recommend approval to the City Council.
7. Committee approved applications are submitted to the City Council for consideration and approval (in )
8. If approved, funds will be dispersed to grantee (in white) and can be spent over a 12-month period.
9. Funding expenditures will need to be reported to the city at 6 months and a full reconciliation form with supporting
documentation will be due before the end of the 12-month period.
For more information on the City of La Quinta Grant program, please contact the Community Resources Department at
the Wellness Center 760.564.0096 or at 760.777.7183
112
Communitv Services Grants
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
1 2" 4
5 6 7 8 9 10 11
12 18
19 20 21 22 23 24 25
26 27 28 29 30
1 2
3 4F—] 6 7 8 9
10 11 12 13 14 15 16
17 1 18 19 20 21 22 23
24 25 26 27 28 29 30
31
Application Due Date Ad -Hoc Committee Review City Council Decision Checks Distributed
113
114
ATTACHMENT 2
Recommended Grant Requests:
Academy of Musical Performance is requesting $5,000 in funding to assist with
refurbishing their studio located on Miles Avenue in downtown Indio. These funds
would help update the practice space that will include individual areas for lessons
and small stage for their band. Academy of Musical Performance is a first-time
applicant to the Community Services Grant program. The Grant Review
Committee recommends funding $2,500. The committee would like to
request that this funding be used toward tuition assistance for students
enrolled in lessons/programs/classes/camps. Priority should be given to
students who live in La Quinta or attend a La Quinta school.
2. Alzheimer's Association of the Coachella Valley is requesting $5,000 in funding to
sponsor the annual Walk to End Alzheimer's on November 13, 2021. The funds
generated from this annual event help to ensure that local programming remains
free of charge to caregivers and those living with Alzheimer's and all other
dementia. This organization was last funded $2,500 in 2017/18. The Grant
Review Committee recommends funding $5,000. The committee would like
to request that this sponsorship be recognized in the name of all La Quinta
residents who are suffering or have suffered from Alzheimer's.
3. Assistance League Coachella Valley is requesting $3,000 in funding for their
Operation School Bell program. This program provides new school clothing and
hygiene supplies for children in need in the Coachella Valley. Operation School Bell
will provide these items to 500 students attending Desert Sands Unified School
District (DSUSD) schools during the year. This organization was last funded $1,000
in 2018/19. The Grant Review Committee recommends funding $1,500.
4. Desert Arc is requesting $5,000 in funding to be used to purchase a new energy -
saver, high volume dishwasher to replace the older model that is unreliable and has
high maintenance costs to keep in service. The agency uses washable kitchen
wares, as well as plates and silverware for all onsite services. The Cafeteria
Services continues to provide food services (breakfast, lunch, & snack) to clients
participating in programs by home delivery or while onsite. This organization was
last funded $2,500 in 2019/20. The Grant Review Committee recommends
funding $5,000. The committee would like to request that a plaque/sign be
added to the dishwasher that says it was purchased with grant funds
provided by the City of La Quinta.
5. Galilee Center is requesting $5,000 in funding to provide emergency food services
to individuals and families with focus on residents of the eastern Coachella Valley.
This organization provides food for 2 meals per day for 4 days, as well as baby
items such as formula, diapers, and baby food. Costs for this program have
increased due to the financial impact of COVID-19; this includes a projected
increase in food of 50%. This organization was last funded $1,000 in 2018/19. The
Grant Review Committee recommends funding $1,500.
6. John Glenn Middle School is requesting a Starter Grant for their Kids in the Kitchen
Club in the amount of $500 to help purchase materials for food preparation. They
need basic kitchen supplies such as hand mixers, mixing bowl, rolling pins, baking
pans, etc. This new club met virtually using Zoom last year; this year they will be
meeting on campus. John Glenn Middle School is a first-time applicant to the
115
Community Services Grant program. The Grant Review Committee
recommends funding $500.
7. Soroptimist House of Hope, Inc. is requesting a Starter Grant in the amount of
$500 to be used to partially underwrite operating expenses for their substance use
disorders recovery services for women. This includes facility staff, food for clients,
facility maintenance, household supplies, and supplies for their program curriculum.
Soroptimist House of Hope, Inc. is a first-time applicant to the Community Services
Grant program. The Grant Review Committee recommends funding $500.
8. YMCA of the Desert is requesting $5,000 in funding for supplies for their licensed
childcare program located at Adams Elementary School site in La Quinta. This new
location will increase capacity from 28 to 60 children to help provide services for
more families. Grant funds will be used to purchase tables, chairs, cabinets,
cleaning and teacher supplies, and a refrigerator. This organization was last funded
$1,500 in 2019/20. The Grant Review Committee recommends funding
$5,000. The committee would like to request that the purchases for the
Adams School childcare site be purchased in La Quinta.
116
City of La Quints BUSINESS SESSION ITEM NO. 3
CITY COUNCIL MEETING- October 5, 2021
STAFF REPORT
AGENDA TITLE: APPROVE VETERAN NOMINATIONS FOR INCLUSION ON THE
VETERANS' ACKNOWLEDGEMENT MONUMENTS AT CIVIC CENTER CAMPUS
RECOMMENDATION
Approve veteran nominations for inclusion on the Veterans Acknowledgment
monuments at the Civic Center Campus.
EXECUTIVE SUMMARY
• Residents submit nominations for the City's annual Veterans Day
recognition event.
• Nominations are reviewed by Staff and submitted for Council's approval.
• Once approved, the veterans' names, ranks, and dates of service are
engraved on the Veterans Acknowledgement monuments.
FISCAL IMPACT
The cost is approximately $1,500 and funds are available in Art in Public Places
Fund, Operating Supplies (Account No. 270-0000-60482).
BACKGROUND/ANALYSIS
Every year, residents submit nominations for the City's Veteran Recognition
Program. Staff reviews the nominations to ensure they meet the City's criteria
and then submit the nominations for Council consideration. If selected, the
Veterans' names, ranks, and dates of service are engraved on the Veterans
Acknowledgement monuments located on the Civic Center Campus. Program
requirements include:
• Active military who served in 1954 and after must be a past or current
resident for a minimum of three years;
• Active military who served in 1953 and before must be a past or current
resident; no minimum years;
Honorable discharge from service; and
117
Proof of military service.
All branches of the military identified by the Department of Veterans Affairs,
including reservists, who served a minimum of six years, and merchant
marines who served in active duty, are considered.
As part of the Veteran's Day Recognition, Council will recognize each veteran
with a certificate of appreciation and call attention to the Veterans
Acknowledgement monuments with their newly added name.
The following thirteen nominations are submitted for consideration:
2021 Veteran Nominees
Last Name
Middle
Name
First
Name
Suffix
Branch
Rank
Years of
Service
Clerc
Benjamin
Antoine
Army
SPC
1997-2000
Bemben
Edward
Navy
S2
1944-1947
Intemann
W.
George
Army
Aircorps -
Air Force
Major
1943-1973
Lewis
K.
James
Navy
ICFN
1973-1973
Lambert
James
Coast
Guard
AE-3
1967-1971
McIntosh
Higgins
James
Army
CAPT
1974-1981
Doyle
Raymond
John
Navy
CAPT
1971-2000
Dorsey
Darnell
Keith
Air Force
SSgt
1983-1988
Hedwell
Allen
Richard
Army
ET2
1949-1953
Garrott
Wilson
Robert
Jr
Army
COL
1961-1989
Wayman
N.
Robert
Navy
PO1
1980-1994
Hughes
R.
Walter
Army
SP3
1955-1957
Johnston
Xavier
Francis
III
Navy /
Maritime
Service
CAPT
RADM
1960-1962
1984-1990
Nominations and supporting materials are on file with the Community
Resources Department.
118
ALTERNATIVES
Council may choose to approve any or all nominations.
Prepared by: Jacob K. Garcia, Management Assistant
Approved by: Chris Escobedo, Community Resources Director
Attachment: 1. Veterans Recognition Program Applications
119
120
Veterans Reeognition
ATTACHMENT 1
Veteran's If You Are Submitting This
Program
The City of La Quinta is so proud to be home to
many distinguished Veterans from all branches of
service.
We Celebrate the Accomplishments of these
individuals with a ceremony in their honor and
engrave their name, rank, and years of service
into an art piece on the Civic Center Campus.
To Qualify for this program, you must meet the
following requirements:
General Requirements:
Served our Country in Active Duty.
Honorable separation from service.
(Please attach DD214 form, Honorable
discharge Certificate, or equivalent
showing active service and honorable
separation).
Residency Requirements:
3a. ACTIVE MILITARY from 1953 and EARLIER
Must have been a past or current resident of
La Quinta (No minimum years).
3b. ACTIVE MILITARY from 1954 to PRESENT
Must have been a past or present resident of
La Quinta for a minimum of 3 years.
CC&
—� C;L"MefthrI7l:til:3d7' —
Information
Last Name:
Clerc
First Name:
Antoine
Address:
54595 Avenida Velasco
La Quinta, CA 92253
Email:
abclerc@gmail.com
Telephone:
f 60 ) 702-4471
La Quinta Resident:
From 2009 To Present
Branch I Rank (Examples: SP4, SGT, PFC)
US Army
I
SPC
Dates of Active Service:
1997 - 2000
On Behalf of the Veteran,
Please Complete:
Name:
Address:
Telephone:
PLEASE ATTACH A COPY OF HONORABLE
SEPARATION PAPERWORK AND A PICTURE
OF THE VETERAN IN UNIFORM WITH THIS
APPLICATION AND EMAIL TO
JKGARCIA@LAQUINTACA.GOV
APPLICATIONS WITHOUT HONORABLE
SEPARATION PAPERWORK WILL NOT BE
ACCEPTED.
III II 121
n
3
M
z
122
Veterans Reeognition
Program
The City of La Quinta is so proud to be home to
many distinguished Veterans from all branches of
service.
We Celebrate the Accomplishments of these
individuals with a ceremony in their honor and
engrave their name, rank, and years of service
into an art piece on the Civic Center Campus.
To Qualify for this program, you must meet the
following requirements:
General Requirements:
Served our Country in Active Duty.
Honorable separation from service.
(Please attach DD214 form, Honorable
discharge Certificate, or equivalent
showing active service and honorable
separation).
Residency Requirements:
3a. ACTIVE MILITARY from 1953 and EARLIER
Must have been a past or current resident of
La Quinta (No minimum years).
3b. ACTIVE MILITARY from 1954 to PRESENT
Must have been a past or present resident of
La Quinta for a minimum of 3 years.
—� C;L"MefthrI7l:til:3d7' —
Veteran's
Information
Last Name:
Bemben
First Name:
Edward
Address:
78875 Avenue 47, Apt. D26
La Quinta, CA 92253
Email:
N/A
Telephone:
(760 ) 262-7799
La Quinta Resident:
From 3/8/13 To Present
Branch 1 Rank (Examples: SP4, SGT, PFC)
Navy
S2
Dates of Active Service:
1944 to 1947
If You Are Submitting This
On Behalf of the Veteran,
Please Complete:
Name:
Karen Kowalewski
Address:
78875 Avenue 47, Office
La Quinta, CA 92253
F7h A
karen.kowalewski@humangood.org
Telephone:
(760 ) 777-4631
PLEASE ATTACH A COPY OF HONORABLE
SEPARATION PAPERWORK AND A PICTURE
OF THE VETERAN IN UNIFORM WITH THIS
APPLICATION AND EMAIL TO
MCALDERON@LAQUINTACA.GOV
APPLICATIONS WITHOUT HONORABLE
SEPARATION PAPERWORK WILL NOT BE
ACCEPTED.
III II 123
124
Please Complete:
The City of La Quinta is so proud to be home to
many distinguished Veterans from all branches of
service.
We Celebrate the Accomplishments of these
individuals with a ceremony in their honor and
engrave Weir name, rank, and years of service
into an art piece on the Civic Center Campus.
To Qualify for this program, you must meet the
following requirements:
General Requirements:
1_ Served our Country in Active Duty.
2. Honorable separation from service.
(Please attach DD214 form, Honorable
discharge Certificate. or equivalent
showing active service and honorable
separation).
Residency Requirements:
3a. ACTIVE. MILITARY from 1953 and EARLIER
Must have been a past or current resident of
La Quinta (No minimum years).
3b. ACTIVE MILITARY from 1954 to PRESENT
Must have been a past or present resident of
La Quinta for a minimum of 3 years.
4 Qwkra
c:rM'/A'DkSM —
Last Name:
I ntemann
First Name:
George
Address:
54976 Tanglewood
La Quinta, CA 92253
Email:
gwintemann@gmail.com
Telephone:
60 664-7409
La Quinta Resident:
From V2006 To Present
Branch I Rank (Examples: SPA, SGT. PFC)
US Army Aircorps f Major
Dates of Active Service:
11111943- 411911973
Name:
Steve Bottom
Address:
81185 Kingston Heath
La Quinta, CA 92253
Email:
stevebotiorn44@grnail.com
Telephone:
)49 � 2 r: -3-502
PLEASE ATTACH A COPY OF HONORABLE
SEPARATION PAPERWORK AND A PICTURE
OF THE VETERAN IN UNIFORM WITH THIS
APPLICATION AND EMAIL TO
J K G A RCI AiPLAQ I Jl N TAC A.GOY
APPLICATIONS WITHOUT HONORABLE
SEPARATION PAPERWORK WILL NOT BE
ACCEPTED.
m= !�25
126
Veterans Recognition
Program
The City of La Quinta is so proud to
be home to many distinguished
Veterans from all branches of service.
We celebrate the accomplishments
of these individuals With a ceremony
in their honor and their name, rank,
and years of service etched into an
art piece on the Civic Center Campus.
To qualify for this program, you must
meet the following requirements:
1. Lived in La Quinta for at least 3
years.
2. Served our country in Active
Duty.
3. Attach a copy of your
honorable discharge
paperwork.
(DD214 form, Honorable
Discharge Certificate or
equivalent showing active
service and honorable
separation)
Veteran's Information
Last name:
L_ E W/S
D�!
First name:
Address:
q - 437L r NPl_._ss SK yI
Email:
J-KL erv)S
Telephone:
La Quinta Res i ent:
From !�IZ2 ToiP��
Branch / Rank (Examples: SP4, SGT, PF0
i\IAyY , l(frl�,l
Dates of Active Service:
q1I'q73 - 1111LZ3
If you are submitting this on behalf
of the Veteran, please complete:
Name:
2 o,5&-i2r W4 ym a iv
Address:
4-2-7G5- Phr-JQ11G 6Vr5/et 4_)11
L_A Q U i N i A , CA 52ZS3
Email:
L,-q qv ( tv rA LrNE5 113`1- 6�,n5N ,col-n
Phone:
( -na ) Z
***REQUIRED FOR ONLINE SUBMISSION***
Please send a separate e-mail with honorable
separation paperwork to:
comma n itvsery icesOD, lamp u i nta.o ra
Forms without separation paperwork will
not be accepted.
SUBMIT FORM
128
4 Recoan*lfioir
v gra m
a is so proud to be home to
/eterans from all branches of
;complishments of these
-emony in their honor and
rank, and years of service
he Civic Center Campus.
ogram, you must meet the
its:
ements:
y in Active Duty.
tion from service.
D214 form, Honorable
;ate, or equivalent
arvice and honorable
uirements:
RY from 1953 and EARLIER
a past or current resident of
inimum years).
RY from 1954 to PRESENT
a past or present resident of
iinimum of 3 years.
(2wkra
M of ehe I?ifSi:Hl —
Veteran's
Information
Last Name:
First Name:
1,Awt E S
Address:
2-76 LEG-6NaSv1�
LA �\-j-w � A, GA 9-Zz53
Email:
If') on Are Submitting This
On Reliall'of the Veteran,
Please Co>i iplele:
Name:
Address:
Email:
Swij LAM - LkzG J,(ucy--Telephone:
Telephone:
( 11�-6 ) S (Ott 203�
La Quinta Resident:
From f 1 Zc>0 (. To '
Branch 1 Rank (Examples: SP4, soT, PFC)
Dates of Active Service:
I a 6 ((1 1-0_ D 8) 3o� I q l (.,r..
PLEASE ATTACH A COPY OF HONORABLE
SEPARATION PAPERWORK AND A PICTURE
OF THE VETERAN IN UNIFORM WITH THIS
APPLICATION AND EMAIL TO
MCA LDERON@LAQUINTACA.GOV
APPLICATIONS WITHOUT HONORABLE
SEPARATION PAPERWORK WILL NOT B5
ACCEPTED.
129
130
Veterans Reeognition
Program
The City of La Quinta is so proud to be home to
many distinguished Veterans from all branches of
service.
We Celebrate the Accomplishments of these
individuals with a ceremony in their honor and
engrave their name, rank, and years of service
into an art piece on the Civic Center Campus.
To Qualify for this program, you must meet the
following requirements:
General Requirements:
Served our Country in Active Duty.
Honorable separation from service.
(Please attach DD214 form, Honorable
discharge Certificate, or equivalent
showing active service and honorable
separation).
Residency Requirements:
3a. ACTIVE MILITARY from 1953 and EARLIER
Must have been a past or current resident of
La Quinta (No minimum years).
3b. ACTIVE MILITARY from 1954 to PRESENT
Must have been a past or present resident of
La Quinta for a minimum of 3 years.
CC&
—� C;L"MefthrI7l:til:3d7' —
Veteran's
Information
Last Name:
McIntosh
First Name:
James
Address:
61235 Portulaca Dr
La Quinta, CA 92253
Email:
jim.mcintosh@outlook.com
Telephone:
(831 ) 262-5548
La Quinta Resident:
From 06/2016 To Present
Branch / Rank (Examples: SP4, SGT, PFC)
Army
I
Captian
Dates of Active Service:
03/03/1974 - 12/22/1981
If You Are Submitting This
On Behalf of the Veteran,
Please Complete:
Name:
Address:
Telephone:
PLEASE ATTACH A COPY OF HONORABLE
SEPARATION PAPERWORK AND A PICTURE
OF THE VETERAN IN UNIFORM WITH THIS
APPLICATION AND EMAIL TO
JKGARCIA@LAQUINTACA.GOV
APPLICATIONS WITHOUT HONORABLE
SEPARATION PAPERWORK WILL NOT BE
ACCEPTED.
III II 131
132
Veterans Recognition
Program
-he City of La Quinta is so proud to be home to
nany distinguished Veterans from all branches of
service.
Ne Celebrate the Accomplishments of these
ndividuals with a ceremony in their honor and
engrave their name, rank, and years of service
nto an art piece on the Civic Center Campus.
-o Qualify for this program, you must meet the
ollowing requirements:
general Requirements:
_. Served our Country in Active Duty.
?. Honorable separation from service.
(Please attach DD214 form, Honorable
discharge Certificate, or equivalent
showing active service and honorable
separation).
Residency Requirements:
3a. ACTIVE MILITARY from 1953 and EARLIER
Must have been a past or current resident of
La Quinta (No minimum years).
3b. ACTIVE MILITARY from 1954 to PRESENT
Must have been a past or present resident of
La Quinta for a minimum of 3 years.
aca (2a,&a
GIAlo', thr DFS1 It I -
Veteran's
Information
Last Name:
y
First ame:
4
Address:
6: 1
4 A
Email:
� L a v4,
Telephone:
:�-Zf�- it2t1"7
La Quinta Resident:
From l r% Tor4�
Branch I Rank (Examples: SP4, SGT, PFC)
Dates of Active Service:
/ q'/ ( f 12-00e3
If You Are Suhmitting This
On Behalf of the Veteran,
Please Complete:
Name:
Address:
Email:
Telephone:
PLEASE ATTACH A COPY OF HONORABLE
SEPARATION PAPERWORK AND A PICTURE
OF THE VETERAN IN UNIFORM WITH THIS
APPLICATION AND EMAIL TO
JKGARCIA@LAQUINTACA.GOV
APPLICATIONS WITHOUT HONORABLE
SEPARATION PAPERWORK WILL NOT BE
ACCEPTED.
134
Veterans Reeognition
Program
The City of La Quinta is so proud to be home to
many distinguished Veterans from all branches of
service.
We Celebrate the Accomplishments of these
individuals with a ceremony in their honor and
engrave their name, rank, and years of service
into an art piece on the Civic Center Campus.
To Qualify for this program, you must meet the
following requirements:
General Requirements:
Served our Country in Active Duty.
Honorable separation from service.
(Please attach DD214 form, Honorable
discharge Certificate, or equivalent
showing active service and honorable
separation).
Residency Requirements:
3a. ACTIVE MILITARY from 1953 and EARLIER
Must have been a past or current resident of
La Quinta (No minimum years).
3b. ACTIVE MILITARY from 1954 to PRESENT
Must have been a past or present resident of
La Quinta for a minimum of 3 years.
CC&
—� C;L"MefthrI7l:til:3d7' —
Veteran's
Information
Last Name:
Dorsey
First Name:
Keith
Address:
81075 Monarchos Circle
La Quinta, CA 92253
Email:
keith@dorseymc.com
Telephone:
P30 ) 947-2942
La Quinta Resident:
From April 2018 To Present
Branch I Rank (Examples: SP4, SGT, PFC)
USAF
I
SSgt
Dates of Active Service:
7/12/1983 to 3/31 /1988
If You Are Submitting This
On Behalf of the Veteran,
Please Complete:
Name:
Address:
Telephone:
PLEASE ATTACH A COPY OF HONORABLE
SEPARATION PAPERWORK AND A PICTURE
OF THE VETERAN IN UNIFORM WITH THIS
APPLICATION AND EMAIL TO
JKGARCIA@LAQUINTACA.GOV
APPLICATIONS WITHOUT HONORABLE
SEPARATION PAPERWORK WILL NOT BE
ACCEPTED.
III II 135
136
Veterans Recognition
Program �0
'he City of La Quinta is so proud to be home-tb-
nany distinguished Veterans from all branches of
-ervice.
Ve Celebrate the Accomplishments of these
idividuals with a ceremony in their honor and
!ngrave their name, rank, and years of service
ito an art piece on the Civic Center Campus.
.o Qualify for this program, you must meet the
:)Ilowing requirements:
-veneral Requirements:
Served our Country in Active Duty.
'. Honorable separation from service.
(Please attach DD214 form, Honorable
discharge Certificate, or equivalent
showing active service and honorable
separation).
lesidency Requirements:
!a. ACTIVE MILITARY from 1953 and EARLIER
Must have been a past or current resident of
La Quinta (Now um ors).
;b. ACTIVE MILITARY from 1954 to PRESENT
Must have been a past or present resident of
La Quinta for a minimum of 3 years.
ca atdea
— (;I Ai 0 the I)pyi 9 1 —
Veteran's
Information
Last Name:
kP--DW,4 L L
First Name: p�12
F (c4pp,
Address:
f z70 GA-U. TLa -r—Lo
LA- Qu, ,-
Email:
J-L�JRA-R 0 AbL.60H,
Telephone:
La Quinta Resident:
From 2019 To PRasENr--
Branch 1 Rank (Examples: SP4, SGT, PFC)
0-,s, NWY ET 2.
Dates of Active Service:
l9 q ,? , 115-3
If Vou Are Submitting This
On Behalf of the Veteran,
Please Complete:
Name:
Address:
Email:
Telephone:
PLEASE ATTACH A COPY OF HONORABLE
SEPARATION PAPERWORK AND A PICTURE
OF THE VETERAN IN UNIFORM WITH THIS
APPLICATION AND EMAIL TO
MLALi]IRDQL@LAQUINTACA.GOV
APPLICATIONS WITHOUT HONORABLE
SEPARATION PAPERWORK WILL NOT BE
ACCEPTED.
SUBMIT FORM
137
138
Veteran's
Information
Last Name:
Garrott
First Name:
Robert (Bob)
Address:
60587 Desert Shadows Dr
La Quinta, CA 92253
Email:
rgarrott@bendingpixels.com
Telephone:
(760 ) 777-8428
La Quinta Resident:
From 2004 To Now
Branch 1 Rank (Examples: SP4, SGT. PFC)
Army Colonel
Dates of Active Service:
1961-1989
139
140
Veterans Recognition
Program
The City of La Quinta is so proud to
be home to many distinguished
Veterans from all branches of service.
We celebrate the accomplishments
of these individuals with a ceremony
in their honor and their name, rank,
and years of service etched into an
art piece on the Civic Center Campus.
To qualify for this program, you must
meet the following requirements:
1. Lived in La Quinta for at least 3
years.
2. Served our country in Active
Duty.
3. Attach a copy of your
honorable discharge
paperwork.
(DD214 form, Honorable
Discharge Certificate or
equivalent showing active
service and honorable
separation)
Veteran's Information
Last name: [A)
AYrn � A/
First name: _D &Cf� I
If you are submitting this on behalf
of the Veteran, please complete:
Name.
&a-gizT ��ANAj
Address:
Address: 117-7&5 DptJcff-�(7 5011�,MLI j
Lfq Q U-1 N
Email:
Aft 9 u i riTft C
L/+qV/i-! Ni;�-S i �-f P r►'L9rtf'• G�
Email: Phone:
ti �} (� U ! r\J � Pt l-a ►�1ES �13'� j� msn1. COr►�
( ?(00 )
Telephone:
( 7G 0 ) ; s, ;z CA
La Quinta Resident:
From
/2/zS,1g6
To PKSfu'i
Branch / Rank (Examples: SP4, SGT, PFC)
U S K AVy , Po i
Dates of Active Service:
'REQUIRED FOR ONLINE SUBMISSION*'t't 1
Please send a separate e-mail with honorable
separation paperwork to:
Comm ni services la- uinta org
Forms without separation paperwork will
not be accepted.
SUBMIT FORM
142
Programa de
Reconocimiento de
Veteranos
1 Cuidad de La Quinta esta tan orgulloso de ser
hogar de muchos Veteranos distinguidos de
)das las ramas del servicio.
elebramos los logros de estas personas con una
?remonia en su honor y grabamos su nombre,
Ingo y anos de servicio en una obra de arte en
Civic Center Campus.
3ra calficar para este programa, debe cumplir
)n los siguientes requisites:
equerimientos Generales:
Sirvio a nuestro pals en servicio active.
Separacion honorable del servicio.
(Adjunte el formulario DD214,
Certificado de baja honorable o
equivalente que muestre el servicio
activo y la separacion honorable).
;equisitos de Residencia:
a. MILITAR ACTIVO desde 1953 y ANTERIORES
Debe haber sido un residente anterior o
actual de La Quinta (Sin anos minimos).
a, MILITAR ACTIVO desde 1954 hasta el
PRESENTE Debe haber sido un residente
anterior o actual de La Quinta por un
minimo de 3 anos.
IM+t�/ O"&a
Information para
Veteranos
Apellido:
Hughes
Nombre:
Walter
Domicilio:
79655 Cetrino
La Quinta, CA 92253
Coreo Electronico:
Telefono:
Residente de La Quinta:
Desde Nov. 2001 Hasta April 2021
Rango de Sucursal (Ejemplos: SPA, SGT, PFQ
Army / SP3
Fechas de Servicio Active:
Oct. 3, 1955 - July 17, 1957
Si Envia Esto en
Nombre del Veterano,
Complete:
Domicilio:
79655 Cetrino
La Quinta, CA 92253
Coreo Electronico:
kathhughes@earthlink.net
Telefono:
760 1 567-7555
Adjunte una copia de la documentacion
de separacion honorable y una foto del
Veterano en uniforme con esta solicitud y
envie un correo electronico a
JKGARCIA@LAQUINTACA.GOV
No se aceptaran solicitudes que no tengai
un papeleo de separacion.
144
Veterans Recognition Veteran's If You Are Submitting This
Program Information On Bebalf of the Veteran,
The City of La Quinta is so proud to be home to
many distinguished Veterans from all branches of
service,
We Celebrate the Accomplishments of these
individuals with a ceremony in their honor and
engrave their name, rank, and years of service
into an art piece on the Civic Center Campus,
To Qualify for this program, you must meet the
following requirements:
General Requirements:
1. Served our Country in Active Duty.
2. Honorable separation from service,
(Please attach DD214 form, Honorable
discharge Certificate, or equivalent
showing active service and honorable
separation).
Residency Requirements:
3a. ACTIVE MILITARY from 1953 and EARLIER
Must have been a past or current resident of
La Quinta (No minimum years).
3b. ACTIVE MILITARY from 1954 to PRESENT
Must have been a past or present resident of
La Quinta for a minimum of 3 years.
4 QuLtra
y GFNI O'd"znHSt,.Wy -
---
Last Name:
Johnston
First Name:
Francis
Address:
79125 Coyote Creek
La Quinta, CA. 92253
Email:
mmarinerO8@sbcglobal.net
Telephone:
42LZ 215-7000
La Quinta Resident:
From 2018 To Present
Branch ! Rank (Examples: sP4, sGT, PFC)
USNIUSMS f RADM
Dates of Active Service:
1960-62; 1984-90
Please Complete:
Name:
Marie Johnston
Address:
79125 Coyote Creek
La Quinta, CA. 92253
Email:
mbj507@sbcglobal.net
Telephone:
42 i 215-7000
PLEASE ATTACH A COPY OF HONORABLE
SEPARATION PAPERWORK AND A PICTURE
OF THE VETERAN IN UNIFORM WITH THIS
APPLICATION AND EMAIL TO
JKGARCIA@LAQUINTACA.GOV
APPLICATIONS WITHOUT HONORABLE
SEPARATION PAPERWORK WILL NOT BE
ACCEPTED,
SUBMIT FORM
146
City of La Quinta BUSINESS SESSION ITEM NO. 4
CITY COUNCIL MEETING: October 5, 2021
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 4 AND RELATED DOCUMENTS
TO PURCHASE, SALE, AND DEVELOPMENT AGREEMENT WITH SILVERROCK
DEVELOPMENT COMPANY, LLC. FOR SILVERROCK RESORT, AND REQUIRE
DEVELOPER TO PRESENT MONTHLY PROGRESS UPDATES AT COUNCIL
MEETINGS UNTIL FRAMING OF LUXURY HOTEL GUEST ROOMS IS COMPLETE
RECOMMENDATION
Approve Amendment No. 4 and related documents to the Purchase, Sale, and
Development Agreement with SilverRock Development Company, LLC. for
SilverRock Resort; authorize the City Manager and City Attorney to (i) make
minor revisions and additions as necessary that do not substantively change
the business terms, and (ii) execute and implement said agreements and
other documents necessary; and require developer to present monthly
progress updates at council meetings until framing of luxury hotel guest rooms
is complete.
EXECUTIVE SUMMARY
• In November 2014, Council approved a Purchase, Sale, and
Development Agreement (PSDA) with SilverRock Development
Company (SDC).
In May 2017, SDC initiated the work to realign golf course holes to
accommodate the luxury hotel and improve the golf experience; this
work was completed in November 2017.
Amendment No. 3 was executed in November 2018 primarily to update
schedule and project phasing to enable closing of the $212 million
construction financing with Mosaic Real Estate (Mosaic).
In April 2019, SDC commenced mass grading of the site in preparation
for vertical development; this work was completed in November 2019.
• In March 2020, just after the COVID-19 pandemic started, SDC provided
the first of several updates to Council including notification that they
would be delaying the start of vertical construction as a result of the
147
pandemic but that both SDC and their financing partner Mosaic are
committed to the successful completion of SilverRock Resort.
• On April 15, 2020, SDC provided the City with a Force Majeure notice
related to impacts to the development schedule associated with the
COVID-19 pandemic.
• In April 2021, the City issued a notice of default to SDC, per the terms
of the Agreement which identified completion of the two hotels, spa,
conference facility, and permanent golf clubhouse by December 31,
2020.
• September 2021, SDC provided verification of revised capitalization.
• Amendment No. 4 would modify the development schedule; decrease
the amount of Transient Occupancy Tax (TOT) receipts available by 5%
for the 15-year term when calculating any rebate for continuous
operation of the hotels, once opened, under TOT Covenant Agreements;
identify additional project milestones; increase the purchase price on
"Future Resort Property" (Option Property) for missing milestones; and
require hotel operator to manage all resort residential short-term
vacation rentals.
• The Robert Green Company must personally guaranty to the City the
completion of 100% of the Master Site Infrastructure Improvements for
which SDC is responsible for completing.
FISCAL IMPACT
The development of SilverRock Resort will generate revenue for the City and
the greater community. As the project is developed, the City will receive an
estimated $7 million of Developer Impact Fees (DIF); annual property tax
revenue that will continue to increase as the property is improved and sold
(estimated to be over $640,000 annually within 10 years); sales tax generated
through food, beverage and retail sales (estimated to exceed $580,000
annually within 10 years); and net TOT revenue from hotels and resort
residences (estimated to exceed $2 million annually within 10 years).
Furthermore, it is estimated that the project will generate 1,750 temporary
construction jobs and 465 full time permanent operational jobs at the resort.
The average Montage/Pendry employee is among the highest paid in the
hospitality industry and earns on average $41,000 annually. This equates to
just over $19,000,000 of employment opportunity introduced to the
community. Finally, the City will be relieved from funding operational deficits
associated with the golf course, dust control and parkway maintenance costs
averaging approximately $600,000 annually.
BACKGROUND/ANALYSIS
It has been nearly three years since Amendment No. 3 with SDC was
executed. In this timeframe, SDC has mass graded the site, finalized
construction documents, acquired construction estimates, and paused
construction as a result of the COVID-19 pandemic and cost escalations.
Material and supply chain shortages, increased demand, and rising material
and labor costs created a nearly $80 million dollar financing gap to fully
capitalize the project.
On April 7, 2021, the City issued a notice of default to SDC outlining that
Council would need to approve revised financing, schedule and an amendment
to the PSDA, as amended, in order for the default to be cured. Since this
default notice was issued, SDC has worked diligently and in good faith to move
the project forward and into vertical construction. Grading is complete on
many of the project areas and building permits and construction has
commenced for the luxury hotel, spa, shared conference facility, clubhouse
and model luxury branded residences.
Staff has concluded negotiations with SDC on the revised schedule that
includes additional project milestones, updated start and completion dates of
project components as well as new and revised terms and conditions as
outlined below. Additionally, SDC has provided evidence of executed revised
capitalization documents for the nearly $80 million funding gap mentioned
above, along with a letter from Mosaic investors, the projects primary lender
expressing their continued $212 million lending commitment to the project,
and support for revisions to the capital structure.
Updated Schedule of Performance
Adjustments to dates for master site infrastructure construction and
start/completion of the hotels are as follows:
• Golf club and practice range shall start on or before 8/30/21 and shall
be finished before 11/1/22 to precede the luxury hotel opening.
• Golf bungalows shall start on or before 7/31/26 and shall be finished
before 7/31/28
• Construction of luxury hotel, the conference and shared services facility
and permanent clubhouse shall start on or before 8/30/21 and shall be
finished before 9/30/23
• Construction of the lifestyle hotel shall start on or before 9/30/22 and
shall be finished before 7/31/24
149
The chart below details Amendment No. 3 and proposed Amendment No. 4
schedule of performance dates. The Amendment No. 4 changes provide time
extensions to complete major milestones, most notably a three and a half year
extension to complete the lifestyle hotel. This is 10 months after the
completion of the luxury hotel which was previously scheduled to finish
concurrently. The staggering of completion is logistically necessary given the
tremendous amount of work occurring onsite, and the current industry
demand for labor and materials.
Project Component
Amendment No. 3
Amendment No. 4
Start
Finish
Start
Finish
Luxury Hotel
vertical construction
8/26/19
12/31/20
8/30/21
9/30/23
Lifestyle Hotel
Vertical construction
8/1/19
12/31/20
9/30/22
7/31/24
Conference & Shared Services
8/1/19
12/31/20
8/30/21
9/30/23
Golf Clubhouse & Practice Range
10/31/19
12/31/20
8/30/21
11/1/22
Revised Business Terms
Amendment No. 4 includes the following business terms:
• Decrease the amount of TOT receipts available by 5% for the 15-
year term when calculating any rebate for continuous operation of
the hotels, once opened, under TOT Covenant Agreements.
• Increase the purchase price on "Future Resort Property" (Option
Property) for missing any of the six (6) project milestones. There is
the potential to miss six (6) project milestones at $500,000 each,
resulting in a purchase price increase of up to $3 million.
• Require hotel operator to manage short-term vacation rentals that
could occur in the luxury and lifestyle branded residences and golf
villas.
• SDC would have the ability to close escrow on the sale or transfer of
any resort residential dwelling unit within the luxury and/or lifestyle
branded residential developments after vertical construction of the
luxury hotel has commenced (i.e., foundations complete and framing
is underway).
150
SDC requirement to provide written quarterly reports detailing all
changes to schedule, delays or other circumstances that could impact
developer's ability to achieve project milestones.
Approving Amendment No. 4 will enable SDC to continue project funding and
construction of all project components as outlined in the revised schedule of
performance. SDC will continue to provide project updates at council meetings
that will include recent milestones achieved, schedule updates and project
highlights. These updates will occur monthly until framing of the luxury hotel
is complete.
RNATIVEF
Council could direct staff to further modify the terms of Amendment No.4; this
option would delay development and impact development financing.
Prepared by: Jon McMillen, City Manager
Attachment: 1. Amendment No. 4 to Purchase, Sale and Development
Agreement
151
152
ATTACHMENT 1
AMENDMENT NO. 4 TO PURCHASE, SALE, AND
DEVELOPMENT AGREEMENT
THIS AMENDMENT NO. 4 TO PURCHASE, SALE, AND DEVELOPMENT AGREEMENT
("Amendment No. 4" or "Agreement") is dated as of October , 2021 ("Agreement Date"), by
and between the CITY OF LA QUINTA, a California municipal corporation and charter city (the
"City"), SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company
("Developer"), SILVERROCK PHASE I, LLC, a Delaware limited liability company ("SRPI"), and
SILVERROCK LAND, LLC, a Delaware limited liability company ("SRL").
RECITALS:
A. The SilverRock Resort Area and Original PSDA. Except for portions of land
transferred to Developer, SRPI, and SRL, as described in the Recitals E and F of this Amendment
No. 4, City owns fee title to that certain real property of approximately 525 acres located at the
southwest intersection of Jefferson Street and Avenue 52, in the City of La Quinta, California, a
general depiction of which is the Site Map attached as Exhibit "A" to Amendment No. 3 (as defined
below) and defined in the Original PSDA as the "SilverRock Resort Area." City and Developer
entered into that certain Purchase, Sale, and Development Agreement dated November 19, 2014
(the "Original PSDA"), pursuant to which City agreed to sell to Developer specified "Planning Areas"
that are part of approximately 145 acres comprising what was then defined as the "Phase 1 Property"
(approximately 125 acres) and the "Phase 2 Property" (approximately 20 acres) and collectively
defined as the "Property" (as those terms are defined in the PSDA) in the SilverRock Resort Area,
and Developer agreed to purchase from City specified "Planning Areas (PAs)" to thereafter
construct, complete, and operate thereon a commercial project containing a luxury resort hotel and
spa and associated branded luxury residential units, a lifestyle hotel and associated lifestyle branded
residential units, a conference and shared service facility, a temporary and permanent clubhouse for
the SilverRock Resort's Arnold Palmer Classic Course, a mixed use village, a resort residential
village, and associated amenities, all as further described in the Original PSDA as the "Project
Components." As provided in the Original PSDA, the Phase 1 Property included the Planning Areas
(among other PAs) for the "Luxury Hotel" and "Luxury Branded Residential Development," and
the Phase 2 Property included the Planning Areas for the "Lifestyle Hotel" and "Lifestyle Branded
Residential Development" (as defined in the Original PSDA). Additionally, pursuant to the Original
PSDA, the "Parcel Map" was to be recorded (and has been recorded) against the Property, and
applicable Parcel Map is attached as Exhibit "B" to Amendment No. 3 (as defined below).
Additionally, the Original PSDA set forth a "Schedule of Performance" under which Developer was
required to commence and complete the development of the Project Components on the Property,
as more particularly described therein.
B. Amendment No. 1. City and Developer entered into that certain Amendment No. 1 to
Purchase, Sale, and Development Agreement dated October 29, 2015 ("Amendment No. 1") to,
among other things, to reflect the assignment of SDC to the Robert Green Company and remove the
Meriwether Companies, and to update the Site Map and various timeframes within the Original
PSDA, including certain timeframes within the Schedule of Performance.
C. Amendment No. 2. City and Developer entered into that certain Amendment No. 2 to
Purchase, Sale, and Development Agreement dated April 18, 2017 ("Amendment No. 2") to, among
other things: (i) Modify the Phase 1 Property and Phase 2 Property in the Original PSDA and
corresponding phased development obligations to the "Phase 1A Property" and "Phase 1B
Property" (as defined in Amendment No. 2), with corresponding phased development obligations
for the Project Components, Planning Areas (PAs), and Parcels (as defined in the Original PSDA
and Amendment No. 2), including but not limited to the modification of the development phasing for
the Luxury Hotel, Luxury Branded Residential Development, Lifestyle Hotel, and Lifestyle Branded
12711468.4 153
4827-5243-0055.12
Residential Development; (ii) Establish the "Phase 1C (Golf Course) Property," "Phase 1D
(Ahmanson Ranch House) Property," and "Phase 1 E (Perimeter Landscaping and Trails)
Property" (as defined in Amendment No. 2) with corresponding phased development obligations for
certain Project Components, Planning Areas, and Parcels identified therein; (iii) Modify the Schedule
of Performance; (iv) Specify the terms and conditions for the "Golf Course Realignment" (as
defined in the Original PSDA); and (v) Grant to Developer a contingent option to purchase the
"Future Resort Property" according to "Developer's Future Resort Option" (as defined in
Amendment No. 2) upon Developer meeting certain terms and conditions, as more particularly
described therein.
D. The Phase 1A Property. Pursuant to the PSDA, Developer acquired from the City the
Phase 1A Property (approximately 44.6 acres of the SilverRock Resort Area) by Grant Deed dated
May 3, 2017 and recorded on November 6, 2017 as Instrument No. 2017-0463950 in the Official
Records of the County of Riverside, California ("Recorder's Office"), as amended by that certain
Amendment to Grant Deed (Phase — 1A Property — PSDA Amendment No. 2), recorded on
November 28, 2018 as Instrument No.2018-0464670 in the Recorder's Office. Thereafter,
Developer assigned to SRPI (a Developer entity and permitted transferee pursuant to
Section 603.1(d) of the Original PSDA), and SRPI assumed from Developer, all of Developer's right,
title, and interest in the Phase 1A Property and the "Project Agreements" (which include the PSDA)
as they pertain to the Phase 1A Property by that certain Assignment and Assumption Agreement,
recorded on November 28, 2018 as Instrument No. 2018-0465379 in the Recorder's Office, and
Developer transferred to SRPI the Phase 1A Property by Grant Deed recorded on November 28,
2018 as Instrument No. 2018-0464673 in the Recorder's Office.
E. Amendment No. 3. City and Developer entered into that certain Amendment No. 3
to Purchase, Sale, and Development Agreement dated November 28, 2018 ("Amendment No. 3")
to, among other things: (i) Set forth amended and restated modifications for the development of the
Phase 1A Property and set forth the terms and conditions for the purchase and sale of the Phase 1 B
Property; (ii) Modify the "Master Site Infrastructure Improvements (MSII)" (as defined in the
Original PSDA) Phasing Plan; (iii) Modify the Schedule of Performance; (iv) Specify assignment and
assumptions of interests from Developer; and (v) Incorporate provisions allowing for the closing of
the construction loan for the Phase 1A Property and Phase 1B Property, as more particularly
described therein. The Original PSDA, as modified by Amendment No. 1, Amendment No. 2 and
Amendment No. 3, is hereinafter referred to as the "PSDA."
F. The Phase 1B Property. Pursuant to the PSDA, SRPI acquired from the City the
Phase 1B Property (approximately 84 acres of the SilverRock Resort Area) by Grant Deed dated
November 7 and November 28, 2018 and recorded on November 28, 2018 as Instrument No. 2018-
0464674 in the Recorder's Office. Thereafter, SRPI assigned to SRL (a Developer entity and
permitted transferee pursuant to Section 603.1(f) as provided in Amendment No. 3), and SRL
assumed from SRPI, all of Developer's right, title, and interest in a portion of the Phase 1 B
Property —and specifically Parcels 10 and 11 identified in Amendment No. 3 for the Project
Component known as the "Promenade Mixed -Use Village" —and the "Project Agreements" (which
include the PSDA) as they pertain to Parcels 10 and 11/Promenade Mixed -Use Village by that certain
Assignment and Assumption Agreement, recorded on April 10, 2019 as Instrument No. 2019-
0120800 in the Recorder's Office, and SRPI transferred to SRL these Parcels 10 and 11/Promenade
Mixed -Use Village by Quitclaim Deed recorded on April 10, 2019 as Instrument No. 2019-0120799
in the Recorder's Office.
G. Hotel Operations and TOT Sharing Agreements. Pursuant to the Original PSDA and
Amendment No. 2, Developer as "Participant" and City executed that certain Agreement to Share
Transient Occupancy Tax Revenue (Luxury Hotel) dated on or about November 19, 2014 ("Luxury
Hotel TOT Sharing Agreement") to, among other things, require the Participant to enter into a
2
12711468.4 154
4827-5243-0055.12
"Hotel Management Agreement" with a City -approved "Hotel Manager" (as defined in the Luxury
Hotel TOT Sharing Agreement) for continuous operation as the Luxury Hotel, and in exchange the
City would make periodic payments to the Participant in specified amounts based on amounts of
transient occupancy tax ("TOT") collected from the Luxury Hotel as set forth in that certain Agreement
Containing Covenants, Conditions, and Restrictions Affecting Real Property (Luxury Hotel) dated
May 3, 2017 and recorded on November 6, 2017 as Instrument No. 2017-0463952, as amended by
that certain Amended and Restated Agreement Containing Covenants, Conditions, and Restrictions
Affecting Real Property (Luxury Hotel) dated November 28, 2018 and recorded on even date as
Instrument No. 2018-0464671 (collectively, the "Luxury Hotel TOT Covenant Agreement") in the
Recorder's Office. Similarly, pursuant to the Original PSDA and Amendment No. 2, Developer (as
"Participant") and City executed that certain Agreement to Share Transient Occupancy Tax Revenue
(Lifestyle Hotel) dated on or about November 28, 2018 ("Lifestyle Hotel TOT Sharing Agreement")
to, among other things, require the Participant to enter into a "Hotel Management Agreement" with a
City -approved "Hotel Manager" (as defined in the Lifestyle Hotel TOT Sharing Agreement) for
continuous operation as the Lifestyle Hotel, and in exchange the City would make periodic payments
to the Participant in specified amounts based on amounts of TOT collected from the Lifestyle Hotel
as set forth in that certain Agreement Containing Covenants, Conditions, and Restrictions Affecting
Real Property (Lifestyle Hotel), dated November 28, 2018 and recorded on even date as Instrument
No. 2018-0464678 (the "Lifestyle Hotel TOT Covenant Agreement") in the Recorder's Office. The
Luxury Hotel TOT Sharing Agreement and Lifestyle Hotel TOT Sharing Agreement are collectively
referred to as the "TOT Sharing Agreements" (and track that definition in the Original PSDA), and
the Luxury Hotel TOT Covenant Agreement and Lifestyle Hotel TOT Covenant Agreement are
collectively referred to as the "TOT Covenant Agreements" (and track that definition in the Original
PSDA).
H. Covenants, Easements, and Reservations for the Benefit of City. Pursuant to the
PSDA, the City declared and retained for public utility purposes an easement in and over portions
for the Phase 1 B Property defined as the "Easement Area" in that certain Declaration of Conditions
and Reservation of Easements recorded on November 28, 2018 as Instrument No. 2018-0464669
in the Recorder's Office. Additionally pursuant to the PSDA, SRPI granted to City for public utility
purposes an easement in and over portions of the Phase 1A Property defined as the "Easement
Area" in that certain Grant of Easement and Agreement recorded on November 28, 2018 as
Instrument No. 2018-0464680 in the Recorder's Office. Additionally pursuant to the PSDA (and
specifically Amendment No. 2), the City retains in perpetuity benefits for the public by requiring and
designating specific uses for the Phase 1 C (Golf Course) Property, Phase 1 D (Ahmanson Ranch
House) Property, and Phase 1 E (Perimeter Landscaping and Trails) Property, pursuant to
(respectively) that certain Covenant Affecting Real Property (Golf Course Use) by and between City
and Developer, recorded May 11, 2017 as Instrument No. 2017-0189004 in the Recorder's Office,
that certain Covenant Affecting Real Property (Ahmanson Ranch House) by and between City and
Developer, recorded May 11, 2017 as Instrument No. 2017-189769, and that certain Covenant
Affecting Real Property (Perimeter Landscaping and Trails) by and between City and Developer,
recorded May 11, 2017 as Instrument No. 2017-089266.
I. Options for the City to Re -Purchase Phase 1A and Phase 1B Properties. Pursuant
to the PSDA, the City has an option to re -purchase and right of first refusal to re -purchase, all or
portions of the Phase 1 A Property and Phase 1 B Property in the event Developer (or its assignees)
are in default of the PSDA and fail to cure within the allowed cure period, pursuant to (respectively)
that certain Option Agreement Phase 1 A Property and Phase 1 B Property (Excluding Planning Areas
7, 8, and 9) And Termination Of Prior Phase 1A Option Agreement dated November 28, 2018 and
recorded on even date as Instrument No. 2018-0464676 in the Recorder's Office (the "Phases 1A
and 1 B Properties Repurchase Option Agreement"), and that certain Option Agreement (Phase
1 B Property — PA 7, 8, and 9) dated November 28, 2018 and recorded on even date as Instrument
No. 2018-0464677 in the Recorder's Office (the "PA 7-9 Repurchase Option Agreement"). The
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Phases 1A and 1 B Properties Repurchase Option Agreement and PA 7-9 Repurchase Option
Agreement are collectively referred to as the "City's Repurchase Option Agreements." As set
forth in Amendment No. 3 and the City's Repurchase Option Agreements, Planning Areas 7, 8, and
9 are Parcels 10, 11, and 12 on the Parcel Map constitute the Project Components identified as the
Promenade Mixed -Use Village and "Resort Residential Village." Among other terms and
conditions, the City's Repurchase Option Agreements set forth the calculation of a purchase price if
the City decides to exercise an option or right of first refusal to repurchase all or any portions of the
Phase 1A Property and/or Phase 1 B Property for an uncured default and breach of the PSDA.
J. Summary of Reasons for Amendment. On April 7, 2021, the City delivered to
Developer a Notice of Default, and subsequently delivered to Developer progress report(s) to
document efforts taken by Developer to commence cure of the items listed in the Notice of Default.
To reflect the cure of the Notice of Default and to further the coordination of the development of the
various phases with financing obtained by Developer, and to reflect the current status of the Project,
City and Developer now wish to amend the PSDA to, among other things: (i) Update the Schedule
of Performance and phasing of development; (ii) Amend various terms of the PSDA required to
facilitate the Revised Capitalization (as defined below); (iii) Memorialize modifications to the TOT
Sharing Agreements and the TOT Covenant Agreements as consideration for the City's agreement
to enter into this Amendment No. 4; (iv) Amend the terms and conditions of Developer's Future
Resort Option, including but not limited to the potential purchase price for the Future Resort Property,
if milestones are not met under the revised Schedule of Performance; and (v) Make other
clarifications to the PSDA, all as more particularly set forth herein.
K. Same Capitalized Words and Terms. Unless otherwise specifically defined herein,
all capitalized words and terms used in this Amendment No. 4 shall have the meanings ascribed to
such words and terms in the PSDA, and all Section references below refer to Sections of the PSDA
(or, if applicable, Amendment to the PSDA).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated
herein by this reference and a substantive part of this Agreement, and for other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree
as follows:
Effectiveness. This Agreement shall be effective as of the Agreement Date.
2. Revised Capitalization. Developer and SRPI are in the process of negotiating with
Lender (as defined in Amendment No. 3) and other sources of financing to provide the additional
funds required to cover the projected remaining costs to develop the Phase 1A Property and Phase
1 B Property and all Project Components thereon (excluding the Promenade Mixed -Use Village and
Resort Residential Village) (such additional funds being referred to herein as the "Additional
Funding"). Developer, SRPI, and SRL (as applicable) shall obtain contractual commitments, and
enter into contracts for such Additional Funding (collectively, the "Commitments"), for the Additional
Funding on terms customary for such funding and documented in form(s) reasonably approved by
the City Manager and City Attorney (the "Revised Capitalization"). Developer, SRPI and SRL (as
applicable) shall update the City Manager, no later than seven (7) days after the City Manager's
written request, on the progress of obtaining such Commitments and distributions of the Additional
Funding pursuant thereto. Developer, SRPI, and SRL (as applicable) shall deliver to the City no later
than the anticipated closing date for the Revised Capitalization, the final form of financing documents
relating to the Revised Capitalization, consistent with the commitments provided to the City.
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3. Ongoing Work Prior To Closing of Revised Capitalization. Prior to the closing of the
Revised Capitalization, site preparation work consisting of pre -watering, precise grading and
underground utilities and vertical construction shall be commenced and completed as set forth in the
Revised Schedule of Performance (as defined below).
4. Schedule of Performance. The PSDA is amended by replacing the Schedule of
Performance with the schedule attached hereto as Exhibit "A" and incorporated herein, which shall
then be deemed the "Schedule of Performance" for purposes of the PSDA and referred to in this
Agreement as the "Revised Schedule of Performance". For the purpose of this Agreement and
Revised Schedule of Performance, the commencement of slab/foundation work (which shall include
under slab utility work) constitutes "commencement of vertical construction."
5. Master Site Infrastructure Improvements Phasing Plan. The Master Site
Infrastructure Improvements, and requirements relating thereto, referred to in the PSDA, including
Sections 205.1 and 304.2, shall be interpreted and, to the extent necessary, shall be deemed
amended to give effect to and be consistent with the revised "Master Site Infrastructure
Improvements Phasing Plan" attached to this Amendment No. 4 as Exhibit "B" and incorporated
herein.
6. Section 603 -Transfers of Interests in Property or Agreement or in Developer.
6.1 Section 603.1(d) in Amendment No. 3 is hereby replaced with the
following:
(d) A Transfer to a duly formed legal entity, provided the entity owning the subject
Project Component or portion thereof after the Transfer is an entity (i) whose
managing member, manager, or managing general partner is RGC or is directly or
indirectly controlled by RGC, and (ii) which engages as the project/development
manager for the Project Component or subject portion thereof an entity which is at
least fifty-one percent (51 %) owned and controlled by RGC.
7. Section 305 - Phasina of Development.
7.1 Section 305.1(a) from the Original PSDA is hereby replaced with the following:
"Until such time as Developer has obtained a building permit for the Luxury Hotel, Developer
may not obtain building permits for any other Project Component other than building permits
for the Luxury Branded Residential Development and/or Lifestyle Branded Residential
Development, which may be obtained prior to the time Developer has obtained a building
permit for the Luxury Hotel."
7.2 Section 305.1(b) from the Original PSDA is hereby replaced with the following:
"Developer may obtain building permits for the Luxury Branded Residential Development
and/or the Lifestyle Branded Residential Development prior to obtaining a building permit for
the Luxury Hotel and/or the Lifestyle Hotel. Developer may obtain building permits for the
Conference and Shared Service Facility, Promenade Mixed -Use Village, and Resort
Residential Village after vertical construction of the Luxury Hotel has commenced (as defined
in this Amendment No. 4 and the Schedule of Performance)."
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7.3 Section 305.1(c) from the Original PSDA is hereby replaced with the following:
"Developer may not close escrow on a sale or any Transfer of any Resort Residential
Dwelling Unit within the Luxury Branded Residential Development and/or Lifestyle Branded
Residential Development unless Developer has commenced the vertical construction of the
Luxury Hotel (as defined in the Schedule of Performance) and completed the pouring of
slab/foundation for the Luxury Hotel main building and spa and has commenced framing for
the Luxury Hotel main building and spa. Any disputes among the parties as to whether
vertical construction has commenced and/or whether the pouring of such slab/foundation and
commencement of such framing, shall be finally determined in the reasonably discretion of
the City Manager."
7.4 Section 305.2(a) from the Original PSDA is hereby replaced with the following:
"Developer's failure to timely commence the vertical construction of either the Luxury Hotel
or Lifestyle Hotel (as defined in this Amendment No. 4 and the Schedule of Performance)
shall be grounds for the imposition of a Financial Incentive Reduction(s) for missing a Project
Milestone (as these terms are defined in Section 8 of this Amendment No. 4)."
7.5 Section 305.3(b) from the Original PSDA is hereby deleted.
8. Management of Short -Term Vacation Rentals and TOT Rebate Reductions.
8.1 Section 401 - Operation of the Project. In order to ensure the proper collection of
TOT from the Resort Residential Dwelling Units and compliance with applicable vacation rental laws
and regulations, including but not limited to the City's Short -Term Vacation Rental Regulations in
Chapter 3.25 (or successor chapter(s)) in the La Quinta Municipal Code, the City requires that the
Hotel Operator(s) be the exclusive manager(s) of any and all short-term vacation rental (as defined
in Section 3.25.030 (or successor provision) of the La Quinta Municipal Code) of all Resort
Residential Dwelling Units. Accordingly, Section 401 of the Original PSDA is hereby replaced with
the following:
"The Hotel Operator for the Luxury Hotel (the "Luxury Hotel Operator") shall be the exclusive
rental operator for any "transient(s)" (as defined in Sections 3.24.020 and 3.25.030 (or
successor provisions) of the La Quinta Municipal Code) renting, using, and/or occupying any
Resort Residential Dwelling Unit (which includes any residence branded or marketed as "Golf
Villas" or similar name) in the Luxury Branded Residential Development as a "short-term
vacation rental unit" (as defined in Section 3.25. 030 (or successor provision) of the La Quinta
Municipal Code). The Luxury Hotel Operator shall retain full management and operational
control over all components of the Luxury Hotel and any rental, use, and/or occupancy of
Resort Residential Dwelling Units in the Luxury Branded Residential Development on behalf
of owners of said Resort Residential Dwelling Units who permit their use as short-term
vacation rental units. Any and all rentals, use, and/or occupancy shall be undertaken by the
Luxury Hotel Operator through the front desk of the Luxury Hotel. Rental, use, and/or
occupancy of Resort Residential Dwelling Units within the Luxury Branded Residential
Development through third party rental operators shall be prohibited. Developer shall
execute and record or cause to be recorded against the Parcels that comprise the Luxury
Branded Residential Development a declaration of covenants, conditions, and restrictions (in
a form approved by the City Manager and City Attorney prior to its recording), which shall run
with the land, and shall be binding upon, and place on notice, any and all owners of the Resort
Residential Dwelling Units of the requirements set forth in this section. Nothing in this section
shall relieve the "owner" (as defined in Section 3.25.030 (or successor provision) of the La
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Quinta Municipal Code) from any and all application, permitting, and licensing requirements
of an owner to use and/or operate a Resort Residential Dwelling Unit within the Luxury
Branded Residential Development as a short-term vacation rental unit; provided, however,
that the owner may look to the Luxury Hotel Operator to administer those requirements on
behalf of the owner.
The Hotel Operator for the Lifestyle Hotel (the "Lifestyle Hotel Operator") shall be the
exclusive rental operator for any "transient(s)" (as defined in Sections 3.24.020 and 3.25.030
(or successor provisions) of the La Quinta Municipal Code) renting, using, and/or occupying
any Resort Residential Dwelling Unit (which includes any residence branded or marketed as
"Golf Villas" or similar name) in the Lifestyle Branded Residential Development as a "short-
term vacation rental unit" (as defined in Section 3.25. 030 (or successor provision) of the La
Quinta Municipal Code). The Lifestyle Hotel Operator shall retain full management and
operational control over all components of the Lifestyle Hotel and any rental, use, and/or
occupancy of Resort Residential Dwelling Units in the Lifestyle Branded Residential
Development on behalf of owners of said Resort Residential Dwelling Units who permit their
use as short-term vacation rental units. Any and all rentals, use, and/or occupancy shall be
undertaken by the Lifestyle Hotel Operator through the front desk of the Lifestyle Hotel.
Rental, use, and/or occupancy of Resort Residential Dwelling Units within the Lifestyle
Branded Residential Development through third party rental operators shall be prohibited.
Developer shall execute and record or cause to be recorded against the Parcels that
comprise the Lifestyle Branded Residential Development a declaration of covenants,
conditions, and restrictions (in a form approved by the City Manager and City Attorney prior
to its recording), which shall run with the land, and shall be binding upon, and place on notice,
any and all owners of the Resort Residential Dwelling Units of the requirements set forth in
this section. Nothing in this section shall relieve the "owner" (as defined in Section 3.25.030
(or successor provision) of the La Quinta Municipal Code) from any and all application,
permitting, and licensing requirements of an owner to use and/or operate a Resort Residential
Dwelling Unit within the Lifestyle Branded Residential Development as a short-term vacation
rental unit; provided, however, that the owner may look to the Lifestyle Hotel Operator to
administer those requirements on behalf of the owner."
8.2 Percentage Reduction to Rebate Based on TOT Receipts. In consideration of City's
agreeing to this Amendment No. 4 and the Revised Schedule of Performance set forth herein, the
percentage used to determine the "amount available for Rebate" by the City in Section 4.1.2(a)(vi)
of the Luxury Hotel TOT Covenant Agreement and Section 4.1.2(a)(vi) of the Lifestyle Hotel TOT
Covenant Agreement shall be reduced by five percentage points (i.e., reduced by subtracting 5%)
from the total adjusted percentage to be applied upon the "Commencement Date" and throughout
the "Operating Period" and "Term" as those terms are defined in the Luxury Hotel TOT Covenant
Agreement and Lifestyle Hotel TOT Covenant Agreement. In explanation of the foregoing, the
percentage used to determine the "amount available for Rebate" by the City shall be reduced by five
percentage points (.e., by subtracting 5%) so that the percentage applied within the first ten (10)
years of the Operating Period shall be ninety percent (90%) instead of ninety-five percent (95% - 5%
= 90%), and the percentage applied within in the last five (5) years of the Operating Period shall be
seventy percent (70%) instead of seventy-five percent (75% - 5% = 70%). Developer and City shall
execute (concurrently with this Amendment No. 4) in a recordable form the First Amendment to the
Luxury Hotel TOT Covenant Agreement substantially the form attached hereto as Exhibit "C" and
incorporated herein by this reference (the "Luxury Hotel TOT First Amendment"), and First
Amendment to the Lifestyle Hotel TOT Covenant Agreement substantially the form attached hereto
as Exhibit "D" and incorporated herein by this reference (the "Lifestyle Hotel TOT First
Amendment"). Developer shall record or cause to be recorded in the Recorder's Office the Luxury
Hotel TOT First Amendment and Lifestyle Hotel TOT First Amendment prior to or concurrently with
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the closing of the Revised Capitalization as set forth in this Amendment No. 4. Developer and City
shall cooperate to execute (and record, if applicable) any other documents or amendments (including
but not limited to amendments to the Luxury Hotel TOT Sharing Agreement and/or Lifestyle Hotel
TOT Sharing Agreement) if necessary or convenient to memorialize the terms and conditions of this
section and this Amendment No. 4 relating to the adjusted percentages to be applied to the Luxury
Hotel TOT Covenant Agreement and Lifestyle Hotel TOT Covenant Agreement.
9. Proiect Milestones and Financial Incentive Reductions.
9.1 List of Protect Milestones. The following items of performance are defined as
"Project Milestones," and the failure to timely perform the Project Milestone may be subject to the
Financial Incentive Reductions as provided in Section 9.2(ii):
Luxury Hotel:
(a) Commencement of the Luxury Hotel vertical construction;
(b) Completion of Luxury Hotel guest room framing;
(c) Substantial completion of the Luxury Hotel has been achieved, and
"substantial completion" means the Luxury Hotel as determined by the
general contractor is completed to a point sufficient for a Temporary
Certificate of Occupancy (TCO) to allow for a "soft opening" that includes
a limited roll -out of guestroom occupancy and other operations;
Lifestyle Hotel:
(d) Commencement of the Lifestyle Hotel vertical construction;
(e) Completion of Lifestyle Hotel guest room framing;
(f) Substantial completion of the Lifestyle Hotel has been achieved, and
"substantial completion" means the Lifestyle Hotel as determined by the
general contractor is completed to a point sufficient for a Temporary
Certificate of Occupancy (TCO) to allow for a "soft opening" that includes
a limited roll -out of guestroom occupancy and other operations.
9.2 Adjustments to Future Resort Property Terms and Conditions.
9.2.1 Revised Section 9.2 of The Second Amendment. Section 9.2 of the
Second Amendment is amended and restated as set forth below:
"9.2 Purchase and Sale Provisions.
(i) Process After Timely and Effective Exercise of Option. If Developer timely and
effectively exercises Developer's Future Resort Option pursuant to Amendment No. 2 as
modified by this Amendment No. 4, then City shall convey to Developer, and Developer shall
purchase from City, the Future Resort Property pursuant to all of the terms, conditions, and
covenants in Article 200 [Conveyance of the Property] in the Original PSDA, and subject to
the following additional provisions: (a) the disposition of the Future Resort Property will be
treated as a new "Phase," referred to as the "Future Resort Property Phase" and the
corresponding new "Project Component" to be integrated for the Future Resort Property shall
be referred to herein as the "Future Resort" (as that term is defined in Section 9.3 of
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Amendment No. 2 as modified by this Amendment No. 4); (b) subject to the terms and
conditions in clause (ii) of the paragraph below, the "Purchase Price" for the Future Resort
Property shall be Two Million Five Hundred Thousand Dollars ($2,500,000), plus, to the
extent an active recreational use or uses open to the public are made a part of the Future
Resort Property in lieu of a 9-hole golf course, a dollar amount reflecting the market value of
any additional developable acreage in the Future Resort Property by reason of the
substitution of an active recreational use or uses open to the public in lieu of a nine -hole golf
course. Such market value shall be based on an appraisal from an independent, state -
certified appraiser, and shall reflect the value of such additional developable acreage
considering its intended use and its then condition, including the status of entitlements and
any applicable use and development restrictions. City Manager and Developer shall use their
good faith efforts to agree on such market value, based on the independent, state -certified
appraiser's appraisal, within thirty (30) days of determining that such additional developable
acreage will exist and the approximate amount of such acreage has been identified. If the
City Manager and Developer are unable to reach agreement on the market value of any such
additional developable acreage within such time, then at the election of either party, such
market value shall be determined by an appraiser mutually selected by Developer and City
Manager but if Developer and City Manager are unable to mutually select an appraiser within
thirty days of the election of either party to obtain an appraisal, then each party shall select
an MAI appraiser with at least 10 years' experience to make a determination of the market
value and the two appraisers shall select a third MAI appraiser with at least 10 years'
experience to also determine the market value. The appraised value as determined by
Developer's or the City's appraiser, whichever is closest to the market value determined by
the third appraiser, shall be the market value of the additional developable acreage for the
purpose of determining the Purchase Price. Each appraiser shall make its determination of
the market value considering the factors described above. Notwithstanding the foregoing,
the Purchase Price shall not be increased to the extent additional developable acreage
occurs within the Future Resort Property due to the inclusion of all or a portion of a 9-hole
golf course or, in lieu thereof, active recreational use or uses open to the public within
Planning Areas 7, 8 and/or 9; (c) the closing shall be contingent upon City Council's
discretionary review and approval of the "Concept Plan for the Future Resort" (as defined at
the end of this paragraph) which City Council review and approval process will be similar to
the concept plan review and approval process relating to the Project at the time of
Amendment No. 2 and the closing date for the Escrow shall be no later than sixty (60) days
after such approval; (d) the development of Planning Areas 7, 8 and 9, (Parcels 10, 11 and
12) shall have commenced or alternatively, the planned development thereof will occur in
connection with the development of the Future Resort Property, and (e) Developer is not in
then in default of the PSDA and all amendments thereto in effect at the time of the disposition
of the Future Resort Property (which includes but is not limited to no default by failing to
complete an item of performance in the Revised Schedule of Performance but for the sake
of clarity does not include any such failure that results in a Financial Incentive Reduction as
defined in this Amendment No. 4). For purposes of the PSDA as amended by this
Amendment No. 4, the "Concept Plan for the Future Resort" means a site plan, a detailed
list of proposed uses corresponding to the site plan, proposed land uses, a proposed
schedule of performance for development (including any proposed phasing), and any other
information that the City Manager, in the City Manager's reasonable discretion, may request
to be submitted for City Council review and approval, but expressly shall not be a "preliminary
application" as defined in Government Code sections 65941.1 or 65589.5(h)(2) (or successor
provisions), it being expressly agreed by the Parties that the Concept Plan for the Future
Resort may consist of site plans, land use plans, and schedules and not a submittal of an
application for any permit or entitlement that ultimately may need to be obtained for the
planning, development, and use of the Future Resort Property.
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(ii) Purchase Price Modifications/Potential Financial Incentive Reductions for Failing to
Meet Project Milestones. If any Project Milestone is not timely completed pursuant to the
Revised Schedule of Performance (per this Amendment No. 4), the City shall have the right
to adjust the Purchase Price for the Future Property, and Developer (or SRPI or SRL or other
Developer affiliate, as applicable) shall be subject to said adjustments, without affecting
Developer's (or SRPI's or SRL's or other Developer affiliate, as applicable) obligations to
perform any and all obligations set forth in the PSDA as amended by this Amendment No. 4,
pursuant to the following:
(A) If any Project Milestone is not timely completed pursuant to the Revised
Schedule of Performance, the Purchase Price for the Future Resort Property shall be
increased by Five Hundred Thousand Dollars ($500,000) for each missed Project
Milestone (i.e., there is the potential to miss up to six (6) Project Milestones, resulting
in a Purchase Price increase for the Future Resort Property of Three Million Dollars
($3,000,000) and each adjustment is individually a "Financial Incentive Reduction"
and collectively "Financial Incentive Reductions");
(B) If the Project Milestone under Section 9.1(a) and/or 9.1(b) of Amendment
No. 4 is missed, but the Project Milestone under Section 9.1(c) of Amendment No. 4
is satisfied (as all such dates may be extended pursuant to paragraph (D) below),
then the Financial Incentive Reduction (as defined below) with respect to the missed
Section 9.1(a) and/or Section 9.1(b) Project Milestone shall not apply; and, similarly,
if the Project Milestone under Section 9.1(d) and/or under Section 9.1(e) of
Amendment No.4 is missed, but the Project Milestone under Section 9.2(f) of
Amendment No. 4 is satisfied (as all such dates may be extended pursuant to
paragraph (D) below), then the Financial Incentive Reduction (as defined below) with
respect to the missed Section 9.1(d) and/or Section 9.1(e) Project Milestone shall not
apply;
(C) If the Project Milestone under Section 9.1(a) of Amendment No. 4 is missed
and Financial Incentive Reduction occurs for the same, then the new date for
completion of the Project Milestone under Section 9.1(b) and Section 9.1(c) of
Amendment No. 4 shall be extended as provided in Subsection D below. If the
Project Milestone under Section 9.1(b) of Amendment No. 4 is missed and Financial
Incentive Reduction occurs for the same, then the new date for completion of the
Project Milestone under Section 9.1(c) of Amendment No. 4 shall be extended as
provided in Subsection (D) below. Similarly, if the Project Milestone under Section
9.1(d) of Amendment No. 4 is missed and Financial Incentive Reduction occurs for
the same, then the new date for completion of the Project Milestone under Section
9.1(e) and Section 9.1(f) of Amendment No. 4 shall be extended from the date in the
Revised Schedule of Performance to the extension date for the same pursuant to the
Approved General Contractor Extension as defined below. If the Project Milestone
under Section 9.1(e) of Amendment No. 4 is missed and Financial Incentive
Reduction occurs for the same, then the new date for completion of the Project
Milestone under Section 9.1(f) of Amendment No. 4 shall be extended as provided in
Subsection (D) below;
(D) Extension of Project Milestones may occur in two ways: (1) by virtue of missing
an earlier Project Milestone and suffering a Financial Incentive Reduction, and (2) by
means of an Approved General Contractor Extension (as defined below):
1. If the Project Milestone under Section 9.1(a) is missed and Financial
Incentive Reduction occurs for the same, then the new date for completion of the
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Project Milestone under Section 9.1(b) and Section 9.1(c) shall be extended by the
number of days by which the Project Milestone under Section 9.1(a) was missed and
if the Project Milestone under Section 9.1(b) is missed and Financial Incentive
Reduction occurs for the same, then the new date for completion of the Project
Milestone under Section 9.1(c) shall be extended by the number of days by which the
Project Milestone under Section 9.1(b) was missed; provided, however, in no event
shall the Project Milestone under Section 9.1(c) be extended by more than ninety (90)
days in total by reason of the extensions under this paragraph (D)(1). Similarly, if the
Project Milestone under Section 9.1(d) is missed and Financial Incentive Reduction
occurs for the same, then the new date for completion of the Project Milestone under
Section 9.1(e) and Section 9.1(f) shall be extended by the number of days by which
the Project Milestone under Section 9.1(d) was missed and if the Project Milestone
under Section 9.1(e) is missed and Financial Incentive Reduction occurs for the same,
then the new date for completion of the Project Milestone under Section 9.1(f) shall
be extended by the number of days by which the Project Milestone under Section
9.1(e) was missed; provided, however, in no event shall the Project Milestone under
Section 9.1(f) be extended by more than ninety (90) days in total by reason of the
extensions under this paragraph (D)(1). For the sake of clarity, the foregoing
extensions only occur when an earlier Project Milestone date is missed whether or
not the earlier Project Milestone date was previously extended pursuant to paragraph
(D)(2) below and whether or not the subsequent Project Milestone date is extended
pursuant to paragraph (D)(2) below.
2. The Parties acknowledge and agree that the general contractor(s)
retained by Developer for the Project Components may request or be compelled to
extend completions dates under the applicable general contract which dates
correspond to dates set forth in the Revised Schedule of Performance, including
extending the dates of completion for the Project Milestones. If Developer seeks an
extension of Project Milestones based upon any request or compelled extension
identified by the general contractor for a Project Component(s), Developer (or SRPI
or SRL or other Developer affiliate, as applicable) shall deliver the general contractor's
proposed extension dates and proposed new schedule of performance to the City
Manager; within ten (10) days of receipt of said proposed extension dates and
proposed new schedule of performance, the City Manager shall review and
determine, in the City Manager's reasonable discretion, whether the reasons provided
for the extension are valid, verifiable, and justified (meaning the extension is
attributable to a condition or circumstance outside of the contractor's and Developer's
control); if the City Manager approves said proposed extension dates and proposed
new schedule of performance as related to the Project Milestones (each of which is
an "Approved General Contractor Extension"), that Approved General Contractor
Extension date shall then govern for the Project Milestones and the application of any
corresponding Financial Incentive Reduction. If the City Manager determines the
general contractor proposed extension is not valid, verifiable, and justified (meaning
the extension is not attributable to a condition or circumstance outside of the
contractor's and Developer's control) and therefore denies the proposed extension
dates and proposed new schedule of performance Project Milestone dates, the City
Manager and Developer (and any of their respective representatives and agents)
shall engage in an informal meet and confer process for no more than four (4) hours
per proposed extension dates/proposed new schedule of performance to attempt to
reach in good faith a resolution of the new extended dates, if any, of the specific item
of performance; provided, however, that the informal meet and confer process shall
be the exclusive means for the Parties to resolve any dispute over any general
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contractor proposed extension dates and proposed new schedule of performance
provided by Developer;
(E) For avoidance of doubt, the Revised Schedule of Performance attached to
this Amendment No. 4, and Project Milestones included herein, are subject to the
terms and conditions of Section 602 [enforced delay] of the Original PSDA; and
(F) If Developer acquires the Future Resort Property in accordance with the PSDA
(including this Amendment No. 4), then: (I) Developer shall submit to the City an
application(s) for permits and entitlement for the development of the Future Resort
Property based on the City Council -approved Concept Plan for the Future Resort,
within six (6) months of Developer's acquisition thereof, and (II) if any discretionary
approval subject to CEQA will be required based on the application(s) submitted by
Developer based on the City Council -approved Concept Plan for the Future Resort,
the Developer shall commence the processing of the same within one (1) year of
acquiring the Future Resort Property; provided, however, that nothing in this section
or Amendment No. 4 is intended to, or does, limit the City's discretionary authority to
review and approve any and all applications for permits and entitlements relating to
the planning, development, and use of the Future Resort Property pursuant to the
Municipal Code, Specific Plan, and any other applicable federal, state, or local laws
and regulations."
9.3 Future Resort Use.
9.3.1 Revised Section 9.3 of The Second Amendment. Section 9.3 of the
Second Amendment is amended and restated as set forth below:
"9.3 Future Resort Development and Land Use Covenant. The Future Resort Property
shall be developed to include green open space allowing active recreation and/or for a golf
course of no less than nine (9) holes and of the same or better caliber as the Golf Course
pursuant to any and all permits and entitlements reviewed and approved by the City (the
"Future Resort"). For any golf course use, the Covenant Affecting Real Property (Golf
Course Use) for the Future Resort will be recorded against the Future Resort Property, and
will bind the Future Resort Property until such time as the "Future Golf Covenant" (as that
term is defined below in this Section 9.3) has been recorded in the Recorder's Office.
Notwithstanding any provisions in Amendment No. 2 or this Amendment No. 4 to the contrary,
prior to or concurrently with any conveyance of any right, title, or interest in the Future Resort
Property by the City to Developer or any other person or entity, an amendment to the
Covenant Affecting Real Property (Golf Course Use) or similar document (the "Future Golf
Covenant") shall be executed and recorded in the Recorder's Office, with priority over any
secured interest in property (such as a deed of trust or mortgage), and such land use
covenant shall, in addition to other provisions mutually agreed to by City and Developer, (i)
release from the Covenant Affecting Real Property (Golf Course Use) the portions of the
Future Resort Property that will not be developed with any of the future golf course, driving
range, or other ancillary golf course operations, and (ii) grants the same or similar privileges
to holders of "Resident Access Cards" (as that term is defined in the Covenant Affecting Real
Property (Golf Course Use)) for the future golf course. Developer and City shall negotiate in
good faith to effectuate the requirements of this section."
9.4 Progress Reports. Until the completion of a Project Component, Developer at its own
cost and expense shall deliver to the City Manager a report on a quarterly basis that includes: (a) A
description of the status of construction for the Project Component, (b) A description of any planned
changes to the Revised Schedule of Performance or Master Site Infrastructure Improvements
12
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Phasing Plan since the previously delivered report, (c) A bar chart schedule showing progress to
achieving the remaining Project Milestones with respect to the Project, (d) A chart showing the critical
path schedule of major items and activities, (e) A summary of activities at the Project Component
during the previous quarter, (f) A forecast of activities during the then -current and upcoming quarters,
(g) A list of any significant circumstances or delays or other issues that could impact Developer's
achievement of the Project Milestones by the applicable performance date, and (h) Pictures, in
sufficient quantity and of appropriate detail, documenting construction and progress with respect to
the Project Component.
9.5 Reasonable Compensation to City for Failure to Timely Perform Protect Milestones.
The Parties agree that the damages that the City has incurred and would incur due to Developer's
failure to timely perform under the PSDA and the Project Milestones herein would be difficult or
impossible to predict with certainty, and it is impractical or difficult to assess actual damages in those
circumstances, but the Financial Incentive Reductions are a fair and reasonable calculation of such
damages for Developer's failure to achieve any Project Milestone by the performance date in the
Revised Schedule of Performance. The payment of Financial Incentive Reductions as provided in
Section 9 of this Amendment No. 4 shall not limit the City's right to (a) exercise any right or remedy
available under this Amendment No. 4 and the PSDA or at law or in equity for any other breach or
default occurring concurrently with or before such Project Milestone default, or, except as provided
in this Fourth Amendment, a breach or default after Developer's delay in achieving the applicable
Project Milestone by the performance date in the Revised Schedule of Performance, (b) recover any
damages for default or breach of any terms or conditions that are not the date of performance for a
Project Milestone or to pursue any indemnity claims in accordance with this Amendment No. 4 and
the PSDA, or (c) other than as a result of the Project Milestone default, terminate the PSDA (and
any other agreements between Developer and City relating to the Project) in accordance with the
PSDA (and any other agreements between Developer and City relating to the Project).
10. Miscellaneous.
10.1 PSDA in Full Force and Effect. Except as otherwise expressly provided in this
Amendment No. 4, all of the covenants, terms and conditions of the PSDA (including the GENERAL
PROVISIONS in Article 600, as modified in Amendment No. 1) shall remain in full force and effect.
10.2 Governing Law. This Amendment No. 4 and the PSDA shall be governed by the
internal laws of the State of California, without regard to conflict of law principles, and any question
arising hereunder shall be construed or determined according to such law. The Superior Court of
the State of California in and for the County of Riverside, or such other appropriate court in such
county, shall have exclusive jurisdiction of any litigation between the parties concerning this
Amendment No. 4 or PSDA. Service of process on City shall be made in accordance with California
law. Service of process on Developer shall be made in any manner permitted by California law and
shall be effective whether served inside or outside California.
10.3 Interpretation. The PSDA, as amended by this Amendment No. 4, shall be read and
interpreted in a comprehensive, integrated manner, and in a manner that best implements the
provisions of this Amendment No. 4. However, in the event the terms of this Amendment No. 4 result
in ambiguity, the parties will meet and confer to attempt to resolve the ambiguity, each in their
reasonable discretion. But if the terms of this Amendment No. 4 directly conflict with the terms of
the PSDA, then the terms of this Amendment No. 4 will be controlling and the PSDA, as amended,
shall be interpreted to implement the intent of this Amendment No. 4
10.4 Time is of Essence. Time is of the essence of this Amendment No. 4 and of each
and every term and provision hereof.
13
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10.5 City Approvals and Actions. City shall maintain authority over and implementation of
this Amendment No. 4 pursuant to Section 605 of the PSDA.
10.6 Representations. The person(s) executing this Amendment No. 4 on behalf of each
of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so
executing this Amendment No. 4 such party is formally bound to the provisions of this Amendment
No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other
agreement to which such party is bound.
10.7 Counterparts. This Amendment No. 4 may be executed in counterparts, each of
which, when this Amendment No. 4 has been signed by all of the parties hereto, shall be deemed
an original, and each such counterpart shall constitute one and the same instrument.
10.8 Estoppel Statement. City and Developer certify to one another that as of the
Agreement Date: (i) except as modified by this Amendment No. 4, the PSDA and the "PSDA
Covenant Documents" (as defined in Amendment No. 3) are unmodified and in full force and effect;
and (ii) there are no defaults by Developer identified by the City under the Original PSDA,
Amendment No. 1, Amendment No. 2, Amendment No. 3, or the PSDA Covenant Documents and
there is no condition or circumstances which with the giving of notice and/or the passage of time
would become a default hereunder.
[End of Amendment No. 4 — Signature page follows]
14
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4827-5243-0055.12
IN WITNESS WHEREOF, City, Developer and SRPI have executed this
Amendment No. 4 as of the date set forth above.
"DEVELOPER"
SILVERROCK DEVELOPMENT COMPANY,
LLC, a Delaware limited liability company
By: The Robert Green Company,
a California corporation
Its: Manager
By:
Name
Its:
"SRPI"
Robert S. Green, Jr.
President and Chief
Executive Officer
SILVERROCK PHASE I, LLC, a Delaware
limited liability company
By: The Robert Green Company,
a California corporation
Its: Manager
By:
Name
Its:
Date: , 2021
Robert S. Green, Jr.
President and Chief
Executive Officer
[Signatures continued to next page]
15
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167
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
Date: , 2021 By.
Jon McMillen
Its: City Manager
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
William H. Ihrke, City Attorney
16
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4827-5243-0055.12
EXHIBIT "A"
SCHEDULE OF PERFORMANCE
[See following pages]
EXHIBIT "A"
-1-
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169
SCHEDULE OF PERFORMANCE
Item of Performance
Start
Completion*
TRANSACTIONAL AGREEMENTS
Execution of PSDA, TOT Sharing
Agreements, and TOT Covenant Agreements
N/A
COMPLETE
Open Phase 1 Escrow and Phase 2 Escrow
N/A
COMPLETE
PRE -DEVELOPMENT
Land & Site Planning
- Prepare, submit to City for approval,
and obtain City's approval of, plans for
Golf Course Realignment
N/A
COMPLETE
- Master site design
N/A
COMPLETE
Planning & Entitlements
- Preliminary Engineering & Mapping
N/A
COMPLETE
- Site development plans
N/A
PA (2, 3, 4, 5, 6, and
10A): COMPLETE.
PA (7, 8 and 9): within
six months of Luxury
Hotel opening.
- Prepare, submit to City for approval,
and obtain City's approval of, Master
Site Infrastructure Improvements
Design/Construction Development
Drawings (relevant to particular phase)
N/A
COMPLETE
Conditions to Closing
- All of Developer's Conditions
Precedent to the Closing and City's
Conditions Precedent to the Closing
have been satisfied, or waived by the
appropriate party
N/A
COMPLETE
CONSTRUCTION AND INSTALLATION OF
MASTER SITE IMPROVEMENTS
Construct Golf Course Realignment
5/1/17
COMPLETE
EXHIBIT "A"
-2-
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170
Item of Performance
Start
Completion*
Install construction fencing around Luxury
N/A
COMPLETE
Hotel site as required to separate golf play
All other MSII
N/A
Prior to issuance of any
certificate of occupancy
for the vertical
improvements served
by those Master Site
Infrastructure
Improvements
necessary for the
subject phase of
development.
See MSII Phasing Plan
as well.
CONSTRUCTION OF PROJECT
COMPONENTS
Prepare and submit to City for approval, and
3 months
Prior to start of
obtain City's approval of, Project Component
prior to
construction of
(or portion thereof) Design/Construction
anticipated
applicable Project
Development Drawings
start of
Component or portion
construction
thereof.
of applicable
Project
Component or
portion
thereof.
Developer satisfies all conditions to develop
N/A
Prior to start of
set forth in Section 304 of Agreement
construction of
applicable Project
Component
Luxury Hotel Site Preparation'
6/30/21
8/30/21
PA 2
Completion of Luxury Hotel Guest Room
n/a
8/27/22
Framing
Luxury Hotel Vertical Construction2
8/30/21
September 30, 2023
PA 2
' For all purposes of this Schedule, site preparation work consists of pre -watering, underground utilities and precise
grading.
2 For all purposes of this Schedule, "commencement of vertical construction" refers to the construction of
EXHIBIT "A"
-3-
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171
Item of Performance
Start
Completion*
Luxury Branded Residential Development Site
6/31/21
8/30/21
Preparation (PA 3)
Luxury Branded Residential Development
8/30/21
4 years after start.
Vertical Construction
Project Component**
(PA 3)
considered complete
when 70% of units are
complete.
Conference and Shared Services Facility Site
6/30/21
8/30/21
Preparation (PA 4)
Conference and Shared Services Facility
8/30/21
4/26/23
Vertical Construction
(PA 4)
Lifestyle Hotel Site Preparation PA 5
6/30/21
8/30/21
Completion of Lifestyle Hotel Framing of
n/a
12/21/23
Guest Rooms
*Except for any Guest
Room wing(s) that are
purposefully delayed in
order to allow
construction access to
the Pool Deck area
Lifestyle Hotel Vertical Construction
9/30/22
July 31, 2024
PA 5
Lifestyle Branded Residential Development
7/30/2021
1 /31 /22
Site Preparation
PA 6
Lifestyle Branded Residential Development
1/31/22
4 years after start.
Vertical Construction
Project Component**
(PA 6)
considered complete
when 70% of units are
complete.
Promenade Mixed -Use Village
7/1/23
5 years after start.
(PA 7 and PA 9)
Project Component**
considered complete
when 70% of units are
complete.
foundations/slabs (including the under slab utility work) and "vertical improvements" means such work and all
improvements that follow.
EXHIBIT "A"
-4-
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172
Item of Performance
Start
Completion*
Resort Residential Village
7/1/23
5 years after start.
(PA 8)
Project Component**
considered complete
when 70% of units are
complete.
Permanent Golf Clubhouse
5/30/21
8/30/21
Site Preparation
PA 10A
Permanent Golf Clubhouse
8/30/21
8/30/22
Vertical Construction
(PA 10A)
Golf Bungalows
5/30/21
8/30/21
Site Preparation
PA 10A
Golf Bungalows
7/31/26
7/31/28
Vertical Construction
(PA 10A)
*Completion dates or timeframes listed in this table are the outside dates permissible under this
Agreement and are subject to the terms of the Agreement which includes Section 602 of the
Agreement.
** However, if Developer provides evidence reasonably satisfactory to the City that then existing
market conditions do not allow for the development on economically feasible terms and orderly
absorption of such product type to the point of completion within said initial 5-year period, then
such period shall be extended for 3 years.
EXHIBIT "A"
-5-
12711468.4
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173
FXHTRIT R
MASTER SITE INFRASTRUCTURE PHASING PLAN
PSOA Led T,e°ea0loe Phesa Key S ILVE R W C K FZ E S O U
P—. 1 e
P7ese I LA QUINTA, CALIFORNIA
Plese is
Pleso 1d
P7ese 1e
Phase 2 Option
EXHIBIT "B"
-1-
ROB4(GREEN
10101/2018
12711468.4
4827-5243-0055.12
174
ID L,
Project Component
Start -
Finish - Notes
B
Montage Hotel and Spa
8/30/2021
9/30/2023
�B
MontageGuestroom Building
8/30/2021
8/3012021
9/30/2023
+4 Yea rs Completion of models to mi ncid a with Montage Hotel opening
Montage Branded Residences
_C
❑
Conference& Shared Services
g/30J2021
9/30/2023 Completion tied to coi ncid a with Montage Hotel open i ng
E
Pendry Hotel
N/A
7/31/2024
F
Pendry Branded Residences
1/3112022
+4Years Com pl etion or mod els to coi ncid a with Pend ry Hotel openi ng
G
M i x ed Use Vi l lage l
7/112023
+5Years ST mtimingasdi�atedbymarkettonditions
H
Re sort Re si d e nti a l Vi l lage
7/1/2023
+5Years St a rt ti m i ng as d ictated by m a rket cond it ions
I
M ixed Use Vi l lage l l
7/V2023
8/30/2021
+5yea rs sta rt ti mi ng as dictated by nna rket conditions
11/1/2022 Completion tied to mi ncide with Montage Hotel open i ng
J Golf Club& Practice Ra nge Re -Model
J
Golf Bungalows
7/31/2025
7131j202B _
ID
MSI
Start
Finish
_
MassGrade(Excl.PA7/9,&8)
4/1/2019
11/4/2019 Mixed-UseandResort Residential VillagepadstohegradedafterSiteDevelopmentPlan
approval in a second massgrade mobilization alongwith SR Way irtterim x-secdemo
1
SilverRock Way (City)
10/13/2022
5/3V2021 Streetsubgrade by SRDC, streetwet utilities by City; dry utilities, landscapeand
sidewa I k/m u Iti-pu rpoose tra i I by SRDC
2
Montage Lane(fmrAhmansonLn)
9/112020
4/26/2022
_
4/20/2023 Cornpletiontied tomimidewith M—tageHonelopening
4/26/2023 CVWD improvements required bySpecial Service Agreem ent Append ix'A'may accelerate
3
Fut. Ahmanson Lane, Ph. Il Trails, Signage
10/26/2022
ti m i ng ofmnstruc[ion ofsom e i m pr. Items associ ated with open i ng of M HS [sewerl
4/30/2023 Completion tied to mi ncide with Montage Hotel openi ng
4 Jefferson Entry, Ph. I Trails, Signage
5
CVWD Water& Se we r l m prove m e nts
g/1312020
7/1/2024 Per Sped a l Agreem ent with CVWD; ti m i ng of i m provem ants per Appendix'A'
Note: "MSI" is considered to be those improvements in a table dated 10-11-2018 provided to the City of La 4uinta, and consistent with Purchase, Sale, and Devlopment Agreement Amendment #3
EXHIBIT "B"
-2-
12711468.4
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175
EXHIBIT "C"
LUXURY HOTEL TOT FIRST AMENDMENT
[See following pages]
EXHIBIT "C"
-1-
12711468.4
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176
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
[SPACE ABOVE FOR RECORDER.]
EXEMPT FROM RECORDER'S FEE PER GOV. CODE §27383
AMENDMENT NO. 1 to
AMENDED AND RESTATED AGREEMENT CONTAINING COVENANTS, CONDITIONS,
AND RESTRICTIONS AFFECTING REAL PROPERTY
(Luxury Hotel)
This AMENDMENT NO. 1 to AMENDED AND RESTATED AGREEMENT CONTAINING
COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING REAL PROPERTY (Luxury
Hotel) (referred to herein as the "Luxury Hotel TOT Covenant First Amendment" or "Covenant
First Amendment") is entered into as of this day of , 20_ ("Covenant First
Amendment Effective Date"), by and between the CITY OF LA QUINTA, a California municipal
corporation and charter city ("City"), and SILVERROCK PHASE I, LLC, a Delaware limited liability
company ("Owner") (individually a "Party" and collectively the "Parties").
RECITALS
A. Pursuant to that certain Agreement to Share Transient Occupancy Tax Revenue
(Luxury Hotel) dated on or about November 19, 2014 ("Luxury Hotel TOT Sharing Agreement")
by and between City and Owner (defined therein as "Participant"), Owner, among other things,
was required to enter into a "Hotel Management Agreement" with a City -approved "Hotel
Manager" (as defined in the Luxury Hotel TOT Sharing Agreement) for continuous operation as
the Luxury Hotel, and in exchange the City would make periodic payments to the Owner (as
Participant) in specified amounts based on amounts of TOT collected from the Luxury Hotel, as
set forth in that certain Agreement Containing Covenants, Conditions, and Restrictions Affecting
Real Property (Luxury Hotel) dated May 3, 2017 and recorded on November 6, 2017 as
Instrument No. 2017-0463952, as amended by that certain Amended and Restated Agreement
Containing Covenants, Conditions, and Restrictions Affecting Real Property (Luxury Hotel) dated
November 28, 2018 and recorded on even date as Instrument No. 2018-0464671 (collectively,
the "Luxury Hotel TOT Covenant Agreement") in the Recorder's Office. That certain real
property subject to the Luxury Hotel TOT Covenant Agreement is located in the City of La Quinta,
County of Riverside, State of California, which is more particularly described in the legal
description attached hereto as Exhibit No. 1 and incorporated herein by this reference (the "Site").
B. City agreed to sell to Owner (or Owner's affiliated predecessor -in -interest) the Site
pursuant to that certain Purchase, Sale, and Development Agreement dated November 19, 2014
("Original PSDA"), as amended by Amendment No. 1 to Purchase, Sale, and Development
Agreement dated October 29, 2015 ("Amendment No. 1 "), Amendment No. 2 to Purchase, Sale,
and Development Agreement dated April 18, 2017 ("Amendment No. 2"), Amendment No. 3 to
Purchase, Sale, and Development Agreement dated November, 28, 2018 ("Amendment No. 3"),
and Amendment No. 4 to Purchase, Sale and Development Agreement dated ,
2021 ("Amendment No. 4" and collectively and as may be further amended, the "PSDA"). The
PSDA sets forth the terms and conditions for City to sell to Owner the Site and certain adjacent
698/015610-0065
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EXHIBIT "C"
-2-
real property (collectively, the "Development Property"), and for Owner to thereafter develop
and operate on the Development Property a commercial project containing hotels and associated
amenities, branded residential units, a mixed use village, and a resort residential village (the
"Development Project").
C. Pursuant to the PSDA, Owner has agreed to develop on the Site a portion of the
Development Project consisting of the hotel defined in the PSDA as the Luxury Hotel (the "Hotel").
D. Pursuant to the PSDA, Participant is required to enter into a hotel management
agreement and all ancillary agreements, including, without limitation, a technical services
agreement, hotel brand licensing agreement, and use and access development agreement
(collectively, a "Hotel Management Agreement"), with a City -approved hotel operator (the "Hotel
Operator"), who shall be responsible for the management and operation of the Hotel pursuant to
the terms of the Hotel Management Agreement.
E. Owner is required to enter into and authorize for recording this Luxury Hotel TOT
Covenant First Amendment as part of the City's consideration for entering into Amendment No. 4,
which, among other terms and conditions, modified the amounts for each rebate payment by City
to Owner based on modifications to the percentages of receipts from the "Transient Occupancy
Tax" (as that term is defined in the Luxury Hotel TOT Covenant Agreement) generated by the
operation of the Hotel on the Site.
COVENANTS
Based upon the foregoing Recitals, which are incorporated herein by this reference, and
for other good and valuable consideration, the receipt and sufficiency of which is acknowledged
by both Parties, City and Owner hereby agree as follows:
1. DEFINED TERMS. Except as expressly defined in this Covenant First Amendment, all
capitalized words and terms shall have the same meaning ascribed to them in the Luxury Hotel
TOT Covenant Agreement.
2. MODIFICATION TO PERCENTAGE USED TO CALCULATE REBATE PAYMENT. The
percentage used to determine the "amount available for Rebate" by the City in Section 4.1.2(a)(vi)
of the Luxury Hotel TOT Covenant Agreement (specifically, the Amended and Restated
Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Luxury
Hotel) dated November 28, 2018 and recorded on even date as Instrument No. 2018-0464671)
shall be reduced by five percentage points (i.e., reduced by subtracting 5%) from the total adjusted
percentage to be applied upon the "Commencement Date" and throughout the "Operating Period"
and "Term" as those terms are defined in the Luxury Hotel TOT Covenant Agreement. In
explanation of the foregoing, the percentage used to determine the "amount available for Rebate"
by the City shall be reduced by five percentage points (i.e., by subtracting 5%) so that the
percentage applied within the first ten (10) years of the Operating Period shall be ninety percent
(90%) instead of ninety-five percent (95% - 5% = 90%), and the percentage applied within in the
last five (5) years of the Operating Period shall be seventy percent (70%) instead of seventy-five
percent (75% - 5% = 70%).
3. RECORDING OF THIS COVENANT FIRST AMENDMENT. Developer shall record or
cause to be recorded in the Recorder's Office this Covenant First Amendment prior to or
concurrently with the closing of the Revised Capitalization (as defined and as set forth in
Amendment No. 4 to the PSDA).
698/015610-0065
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EXHIBIT "C"
-3-
4. COOPERATION OF THE PARTIES. Developer and City shall cooperate to execute (and
record, if applicable) any other documents or amendments (including but not limited to
amendments to the Luxury Hotel TOT Sharing Agreement) if necessary or convenient to
memorialize the terms and conditions in Section 8.2 of Amendment No. 4 to the PSDA relating to
the adjusted percentages to be applied to the Luxury Hotel TOT Covenant Agreement.
5. REMAINING PROVISIONS IN FULL FORCE AND EFFECT. Except as modified by this
Covenant First Amendment, the terms and conditions set forth the Luxury Hotel TOT Covenant
Agreement shall remain in full force and effect.
6. COUNTERPARTS. This Covenant First Amendment may be executed in counterparts,
each of which, when this Covenant First Amendment has been signed by all of the parties hereto,
shall be deemed an original, and each such counterpart shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have executed this Covenant First Amendment to
be effective as of the Covenant First Amendment Effective Date.
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
Date: 20_ By:
Jon McMillen, City Manager
ATTEST:
By:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
William H. Ihrke, City Attorney
[continued on next page]
698/015610-0065
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EXHIBIT "C"
-4-
179
Date: . 20
"Owner"
SILVERROCK PHASE I, LLC,
a Delaware limited liability company
By: The Robert Green Company,
a California corporation
Its: Manager
By:
Name: Robert S. Green, Jr.
Its: President and Chief Executive Officer
698/015610-0065
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EXHIBIT "C"
-5-
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On , before me
(insert name and title of the officer)
personally appeared , who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On before me ,
(insert name and title of the officer)
personally appeared , who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
698/015610-0065
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EXHIBIT "C"
-6-
EXHIBIT NO. 1
LEGAL DESCRIPTION OF SITE
[SUBSTITUTE PAGE FOR CORRECT LEGAL DESCRIPTION IF MODIFIED BY MAPS]
Those portions of Sections 5, 6 and 8 Township 6 South, Range 7 East, San Bernardino Meridian,
in the City of La Quinta, County of Riverside, State of California, described as follows:
Parcels 3 and 4 of Parcel Map 37207 per map filed in Book 242, Pages 72 through 87 inclusive,
of Parcel Maps, in the office of the County Recorder of Riverside County, State of California.
698/015610-0065
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EXHIBIT "C"
-7-
EXHIBIT "D"
LIFESTYLE HOTEL TOT FIRST AMENDMENT
[See following pages]
EXHIBIT "D"
-1-
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183
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
[SPACE ABOVE FOR RECORDER.]
EXEMPT FROM RECORDER'S FEE PER GOV. CODE §27383
AMENDMENT NO. 1 to
AGREEMENT CONTAINING COVENANTS, CONDITIONS, AND RESTRICTIONS
AFFECTING REAL PROPERTY
(Lifestyle Hotel)
This AMENDMENT NO. 1 to AGREEMENT CONTAINING COVENANTS, CONDITIONS,
AND RESTRICTIONS AFFECTING REAL PROPERTY (Lifestyle Hotel) (referred to herein as the
"Lifestyle Hotel TOT Covenant First Amendment" or "Covenant First Amendment") is
entered into as of this day of , 20 ("Covenant First Amendment Effective
Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter
city ("City"), and SILVERROCK PHASE I, LLC, a Delaware limited liability company ("Owner")
(individually a "Party" and collectively the "Parties").
RECITALS
A. Pursuant to that certain Agreement to Share Transient Occupancy Tax Revenue
(Lifestyle Hotel) dated on or about November 28, 2018 ("Lifestyle Hotel TOT Sharing
Agreement") by and between City and Owner (defined therein as "Participant"), Owner, among
other things, was required to enter into a "Hotel Management Agreement" with a City -approved
"Hotel Manager" (as defined in the Lifestyle Hotel TOT Sharing Agreement) for continuous
operation as the Lifestyle Hotel, and in exchange the City would make periodic payments to the
Owner (as Participant) in specified amounts based on amounts of TOT collected from the
"Lifestyle Hotel," as set forth in that certain Agreement Containing Covenants, Conditions, and
Restrictions Affecting Real Property (Lifestyle Hotel), dated November 28, 2018 and recorded on
even date as Instrument No. 2018-0464678 (the "Lifestyle Hotel TOT Covenant Agreement")
in the Recorder's Office. That certain real property subject to the Lifestyle Hotel TOT Covenant
Agreement is located in the City of La Quinta, County of Riverside, State of California, which is
more particularly described in the legal description attached hereto as Exhibit No. 1 and
incorporated herein by this reference (the "Site").
B. City agreed to sell to Owner (or Owner's affiliated predecessor -in -interest) the Site
pursuant to that certain Purchase, Sale, and Development Agreement dated November 19, 2014
("Original PSDA"), as amended by Amendment No. 1 to Purchase, Sale, and Development
Agreement dated October 29, 2015 ("Amendment No. 1 "), Amendment No. 2 to Purchase, Sale,
and Development Agreement dated April 18, 2017 ("Amendment No. 2"), Amendment No. 3 to
Purchase, Sale, and Development Agreement dated November, 28, 2018 ("Amendment No. 3"),
and Amendment No. 4 to Purchase, Sale and Development Agreement dated
2021 ("Amendment No. 4" and collectively and as may be further amended, the "PSDA"). The
PSDA sets forth the terms and conditions for City to sell to Owner the Site and certain adjacent
real property (collectively, the "Development Property"), and for Owner to thereafter develop
and operate on the Development Property a commercial project containing hotels and associated
698/015610-0065
16996359.3 a09/30/21 184
EXHIBIT "ID"
-2-
amenities, branded residential units, a mixed use village, and a resort residential village (the
"Development Project").
C. Pursuant to the PSDA, Owner has agreed to develop on the Site a portion of the
Development Project consisting of the hotel defined in the PSDA as the Lifestyle Hotel (the
"Hotel").
D. Pursuant to the PSDA, Participant is required to enter into a hotel management
agreement and all ancillary agreements, including, without limitation, a technical services
agreement, hotel brand licensing agreement, and use and access development agreement
(collectively, a "Hotel Management Agreement"), with a City -approved hotel operator (the "Hotel
Operator"), who shall be responsible for the management and operation of the Hotel pursuant to
the terms of the Hotel Management Agreement.
E. Owner is required to enter into and authorize for recording this Lifestyle Hotel TOT
Covenant First Amendment as part of the City's consideration for entering into Amendment No. 4,
which, among other terms and conditions, modified the amounts for each rebate payment by City
to Owner based on modifications to the percentages of receipts from the "Transient Occupancy
Tax" (as that term is defined in the Lifestyle Hotel TOT Covenant Agreement) generated by the
operation of the Hotel on the Site.
COVENANTS
Based upon the foregoing Recitals, which are incorporated herein by this reference, and
for other good and valuable consideration, the receipt and sufficiency of which is acknowledged
by both Parties, City and Owner hereby agree as follows:
1. DEFINED TERMS. Except as expressly defined in this Covenant First Amendment, all
capitalized words and terms shall have the same meaning ascribed to them in the Lifestyle Hotel
TOT Covenant Agreement.
2. MODIFICATION TO PERCENTAGE USED TO CALCULATE REBATE PAYMENT. The
percentage used to determine the "amount available for Rebate" by the City in Section 4.1.2(a)(vi)
of the Lifestyle Hotel TOT Covenant Agreement shall be reduced by five percentage points (i.e.,
reduced by subtracting 5%) from the total adjusted percentage to be applied upon the
"Commencement Date" and throughout the "Operating Period" and "Term" as those terms are
defined in the Lifestyle Hotel TOT Covenant Agreement. In explanation of the foregoing, the
percentage used to determine the "amount available for Rebate" by the City shall be reduced by
five percentage points (i.e., by subtracting 5%) so that the percentage applied within the first ten
(10) years of the Operating Period shall be ninety percent (90%) instead of ninety-five percent
(95% - 5% = 90%), and the percentage applied within in the last five (5) years of the Operating
Period shall be seventy percent (70%) instead of seventy-five percent (75% - 5% = 70%).
3. RECORDING OF THIS COVENANT FIRST AMENDMENT. Developer shall record or
cause to be recorded in the Recorder's Office this Covenant First Amendment prior to or
concurrently with the closing of the Revised Capitalization (as defined and as set forth in
Amendment No. 4 to the PSDA).
4. COOPERATION OF THE PARTIES. Developer and City shall cooperate to execute (and
record, if applicable) any other documents or amendments (including but not limited to
amendments to the Lifestyle Hotel TOT Sharing Agreement) if necessary or convenient to
698/015610-0065
16996359.3 a09/30/21 185
EXHIBIT "ID"
-3-
memorialize the terms and conditions in Section 8.2 of Amendment No. 4 to the PSDA relating to
the adjusted percentages to be applied to the Lifestyle Hotel TOT Covenant Agreement.
5. REMAINING PROVISIONS IN FULL FORCE AND EFFECT. Except as modified by this
Covenant First Amendment, the terms and conditions set forth the Lifestyle Hotel TOT Covenant
Agreement shall remain in full force and effect.
6. COUNTERPARTS. This Covenant First Amendment may be executed in counterparts,
each of which, when this Covenant First Amendment has been signed by all of the parties hereto,
shall be deemed an original, and each such counterpart shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have executed this Covenant First Amendment to
be effective as of the Covenant First Amendment Effective Date.
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
Date: , 20_ By:
ATTEST:
31
Monika Radeva, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
William H. Ihrke, City Attorney
Jon McMillen, City Manager
[continued on next page]
698/015610-0065
16996359.3 a09/30/21 186
EXHIBIT "ID"
-4-
Date: . 20
"Owner"
SILVERROCK PHASE I, LLC,
a Delaware limited liability company
By: The Robert Green Company,
a California corporation
Its: Manager
By:
Name: Robert S. Green, Jr.
Its: President and Chief Executive Officer
698/015610-0065
16996359.3 a09/30/21 187
EXHIBIT "ID"
-5-
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On , before me
(insert name and title of the officer)
personally appeared , who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On before me ,
(insert name and title of the officer)
personally appeared , who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
698/015610-0065
16996359.3 a09/30/21 188
EXHIBIT "D"
-6-
EXHIBIT NO. 1
LEGAL DESCRIPTION OF SITE
[SUBSTITUTE PAGE FOR CORRECT LEGAL DESCRIPTION IF MODIFIED BY MAPS]
Those portions of Sections 5, 6 and 8 Township 6 South, Range 7 East, San Bernardino Meridian,
in the City of La Quinta, County of Riverside, State of California, described as follows:
Parcel 7 of Parcel Map 37207 per map filed in Book 242, Pages 72 through 87 inclusive, of Parcel
Maps, in the office of the County Recorder of Riverside County, State of California.
698/015610-0065
16996359.3 a09/30/21 189
EXHIBIT "D"
-7-
190
REPORTS AND INFORMATION ITEM NO. 29
PLANNING COMMISSION
MINUTES
TUESDAY, JULY 13, 2021
CALL TO ORDER
A regular meeting of the La Quinta Planning Commission was called to order
at 5:05 p.m. by Chairperson Proctor.
Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, N-35-20, N-60-20,
and N-08-21 executed by the Governor of California, in response to the state
of emergency relating to novel coronavirus disease 2019 (COVID-19) and
enabling teleconferencing accommodations by suspending or waiving specified
provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.),
members of the Planning Commission, the City Attorney, City Staff, and City
Consultants may participate in this meeting by teleconference.
PRESENT: Commissioners Caldwell, Currie, Hassett, McCune, Nieto,
Tyerman, and Chairperson Proctor
ABSENT: None
STAFF PRESENT: Design & Development Director Danny Castro, Planning
Manager Cheri L. Flores, Senior Planner Carlos Flores, and
Commission Secretary Tania Flores
PLEDGE OF ALLEGIANCE
Commissioner Tyerman led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None.
CONFIRMATION OF AGENDA - Confirmed.
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION
1. INTRODUCTION OF NEWLY APPOINTED COMMISSIONERS AND
RECOGNITION OF OUTGOING COMMISSIONERS
PLANNING COMMISSION MINUTES Page 1 of 6 July 13, 2021
191
Chairperson Proctor introduced and welcomed the two newly appointed
Commissioners, Doug Hassett and Dale Tyerman. Special recognition and
appreciation was given by the Commission and Staff to outgoing
Commissioners Libolt Varner and Bettencourt.
CONSENT CALENDAR
Commissioners Hassett and Tyerman recused themselves from voting on
Consent Calendar Item No. 1 as the meeting reflected in these minutes
occurred prior to their appointment to the Commission.
1. APPROVAL OF MINUTES DATED APRIL 27, 2021
MOTION - A motion was made and seconded by Commissioner Currie/Nieto
to approve the Consent Calendar as submitted. Motion passed: ayes 5, noes
0, abstain 2 (Hassett and Tyerman).
BUSINESS SESSION
1. APPOINT A PLANNING COMMISSION CHAIRPERSON AND VICE
CHAIRPERSON FOR FISCAL YEAR 2021/22
The Planning Commission waived presentation of the staff report, which is
on file in the Design and Development Department.
Chairperson Proctor opened the nominations for Chairperson.
MOTION - A motion was made and seconded by Chairperson Proctor and
Commissioner Caldwell to appoint Commissioner Nieto to serve as Planning
Commission Chairperson for fiscal year 2021/22. Motion passed
unanimously.
Chairperson Proctor opened the nominations for Vice Chairperson.
MOTION - A motion was made and seconded by Commissioners
Proctor/Caldwell to appoint Commissioner Currie to serve as Planning
Commission Vice Chairperson for fiscal year 2021/22. Motion passed
unanimously.
Chairperson Nieto assumed the duties of presiding officer for the remainder
of the meeting and thanked the Commission for the appointment.
PLANNING COMMISSION MINUTES Page 2 of 6 July 13, 2021
192
2. APPROVE CANCELLATION OF THE REGULAR PLANNING
COMMISSION MEETINGS OF AUGUST 10 AND 24, 2021
The Planning Commission waived presentation of the staff report, which is
on file in the Design and Development Department.
MOTION - A motion was made and seconded by Commissioners
Hassett/Proctor to approve the cancellation of the regular Planning
Commission meetings of August 10 and 24, 2021. Motion passed
unanimously.
STUDY SESSION - None.
PUBLIC HEARINGS
DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT - None.
1. ADOPT A RESOLUTION RECOMMENDING APPROVAL OF SITE
DEVELOPMENT PERMIT 2021-0003 (SDP 2013-924,
AMENDMENT 2) TO AMEND SIGNATURE AT PGA WEST
CONDOMINIUM RESIDENTIAL PLANS; CEQA: THE PROJECT IS
CONSISTENT WITH PREVIOUSLY CERTIFIED SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT COMPLETED FOR EDEN
ROCK AT PGA WEST SPECIFIC PLAN; LOCATION: WITHIN THE
PGA WEST SPECIFIC PLAN AREA
Senior Planner Flores presented the staff report which is on file in the Design
and Development Department.
Commission discussion followed regarding the Tourist Commercial zoning of
the project and the effects this would have on the surrounding community
including short-term vacation rental (STVR) issues; ownership of the
individual units or timeshare use; concerns for lighting and safety in the
paseos between some of the buildings. Staff clarified that only architectural
changes to the individual buildings were under consideration at this time and
the development, including zoning and parking, was previously approved;
Riverside County Fire Department had already approved of plans; PGA West
Fairways Homeowners Association had provided a letter of approval to
proceed.
CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 5:52 P.M.
PLANNING COMMISSION MINUTES Page 3 of 6 July 13, 2021
193
PUBLIC SPEAKER: Todd Cunningham, Applicant with Woodbridge Pacific -
introduced himself and gave a brief presentation providing additional
background on the project and proposed amendment; answered previously
posed questions regarding architectural design changes including the
addition of individual garages; the project being governed by its own HOA
and CC&Rs as a subset of the PGA West Fairways HOA; private gated
entrance with its own security; previously approved single clubhouse pool;
the addition of private courtyard space; pedestrian paseos to provide access
from rear garage space to front entranes which include 42" walls;
all homeowners are eligible for golf memberships; project was previously
zoned as tourist commercial (CT) which allows for STVR use; the existing CT
zoning designation is not up for consideration at this time; models will be
located at lots 22 and 23.
Staff clarified that lighting, parking and road/sidewalk plans were previously
approved and would not be coming back to the Commission for additional
review; single unit lighting would be reviewed by staff and subject to current
City code.
PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: George (no last name
provided), resident of PGA West Signature - expressed concerns regarding
units being used as STVR; questioned if this development would be
governed by PGA West Fairways HOA; density and parking causing
pedestrian safety issues; and noted the pedestrian gate is currently locked.
PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Jennifer Jenkins,
Membership Director of PGA West and Vice President of Fairways HOA -
introduced herself, and said the club is happy with the proposed changes;
stated this will attract younger and more active members; confirmed that
the Signature at PGA West project would not be governed by the PGA West
Fairways HOA or their CC&Rs; lighting will be subject to City code, however,
it will be subject to approval by the Signature HOA as well.
CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 6:21 P.M.
Commission discussion followed regarding parking and pedestrian safety,
STVRs, proposed color palette, pricing and lighting. The Applicant agreed to
add additional lighting to areas of concern, including paseos between
buildings.
PLANNING COMMISSION MINUTES Page 4 of 6 July 13, 2021
194
MOTION - A motion was made by Chairperson Nieto and seconded by
Commissioner Proctor to adopt a resolution to recommend Council approval
of new architectural plan set for condominiums for Signature at PGA West
within the Eden Rock at PGA West Specific Plan Area and find the project
consistent with previously certified Subsequent Environmental Impact
Report.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PERMIT AMENDMENT
FOR NEW CONDOMINIUM PLANS FOR SIGNATURE AT PGA
WEST AND FINDING THE PROJECT CONSISTENT WITH
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
CERTIFIED FOR EDEN ROCK AT PGA WEST
Motion passed unanimously.
2. ADOPT A RESOLUTION APPROVING REVISION NO. 1 TO THE
CITY'S VEHICLE MILES TRAVELED ANALYSIS POLICY IN
COMPLIANCE WITH STATE SENATE BILL 743; CEQA: EXEMPT
PURSUANT TO CEQA GUIDELINES SECTIONS 15308, 15307 AND
15061 (b)(3)
Planning Manager Flores presented the staff report which is on file in the
Design and Development Department.
Staff answered Commission questions regarding the VMT screening process
for new projects and provided examples of projects types that could screen
out using this policy; clarified transit priority areas of which there are none
within the City, definition of low VMT areas; parking and land use project
exemptions; how metric tons of carbon emissions are calculated.
CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 6:59 P.M.
PUBLIC SPEAKER: None
CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 6:59 P.M.
Commissioners commended staff on the presentation and the effort made by
the City to provide a more streamlined approval process for developers.
MOTION - A motion was made by Chairperson Nieto and seconded by
Commissioner Currie to adopt a resolution to approve Revision No. 1 to the
City's Vehicle Miles Traveled Analysis Policy and a finding that approving this
policy is exempt from environmental review under the California
PLANNING COMMISSION MINUTES Page 5 of 6 July 13, 2021
195
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15308, Actions by Regulatory Agencies for Protection of the Environment,
Section 15307, Actions by Regulatory Agencies for Protection of Natural
Resources, and Section 15061(b)(3), Review for Exemptions - Common
Sense Rule and approve a Vehicle Miles Traveled Analysis Policy in
compliance with State Senate Bill 743.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, ADOPTING REVISION
NO. 1 TO THE VEHICLE MILES TRAVELED ANALYSIS
POLICY INCLUDING THRESHOLDS OF SIGNIFICANCE FOR
PURPOSES OF ANALYZING TRANSPORTATION IMPACTS
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion passed unanimously.
REPORTS AND INFORMATIONAL ITEMS - None.
COMMISSIONERS' ITEMS
Chairperson Nieto requested that staff provide printed copies of the more
complicated exhibits and key maps and plans for future projects presented
for Commission review.
STAFF ITEMS
1. UPDATE ON CITYWIDE PROJECTS (verbal)
Planning Manager Flores provided a brief verbal update on various city-wide
projects.
ADJOURNMENT
There being no further business, it was moved and seconded by
Commissioners Proctor/Hassett to adjourn the meeting at 7:26 p.m. Motion
passed unanimously.
Respectfully submitted,
TANIA FLORES, Commission Secretary
City of La Quinta, California
PLANNING COMMISSION MINUTES Page 6 of 6 July 13, 2021
POWER POINTS
CITY COUNCIL
MEETING
OCTOBERS 2021
City Council Meeting
October 5, 2021
City Council Meeting
October 5, 2021
Closed Session In Progress
Pledge of Allegiance
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05/04/2021
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05/04/2021
Presentation overview
1. Water Management Planning
2. 2022 Water Management Plan Update
3. Water Supply Assessments & Verifications
4. Landscape Plan Checks & Water Budgets
AFY = Acre-feet per year
11
COACHELLA VALLEY
WATER DISTRICT
Coachella Valley Water Management
■ Coachella Valley Water District (CVWD)
was formed in 1918 to protect local
water resources
■ Began delivering Colorado River water
in 1949 for agricultural use
■ Began replenishing the groundwater
basin with State Water Project
Exchange water in 1973
■ Adopted first Water Management Plan
in 2002 & update in 2012
12
12
C1
05/04/2021
Water Management Plan Objective
■ To reliably meet current and
future water demands in a cost-
effective and sustainable manna
13
Groundwater Sustainability
o
14
13
al-Fi9m" �=g
14
VA
05/04/2021
Sustainable Groundwater Management Act
■ SGMA (2014) established statewide requirements for management of
groundwater in California
■ Requires groundwater to be managed sustainably within 20 years by local
groundwater sustainability agencies (GSAs) who must develop Groundwater
Sustainability Plans (GSPs)
■ The four GSAs of the Indio Subbasin collaboratively submitted the Coachella Valley
Water Management Plan as an Alternative to a GSP for the Indio Subbasin
■ The Department of Water Resources (DWR) approved the Alternative in July 2019
and requires that an update be submitted by January 1, 2022, and every five years
thereafter
Z
COA DESERT 6WATER �In �WatYwer KAuthority
uthority
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� \Planning Boundary
■ Areas currently
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served by or
3
expected to be
-a
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groundwater from
"°
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--- IMi° Subbasin Ma�gemeM Prea B Wv Wic M W Apv
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16
E:3
05/04/2021
Plan Goals and Objectives
■ Meet current & future water demands with 10% municipal
supply buffer
■ Avoid chronic groundwater overdraft
■ Manage and protect water quality
■ Collaborate with tribes and state and federal agencies on
shared objectives
■ Manage future costs
■ Minimize adverse environmental impacts
■ Reduce vulnerability to climate change and drought impacts
17
Plan Assessment & Update
Public & Tribal Workshops
Water Water Supply
' • Population • State Water • • Sustainability
• Update
growth Project criteria for
Alternative
• General Plans • Colorado groundwater
Plans projects
• Land use River levels,
and
• Conservation • Supplemental storage, &
management
• Recycled subsidence
actions
water • Water quality
• Integrate
• Surface water mapping
SGMA-specific
• Groundwater • Incorporate
projects and
a roved
management
• Climate SNIIVIP
actions
Change
• Salton Sea
intrusion
• Ag drain flow
18
E
05/04/2021
2016
2020
2025
2030
2035
2090
2046
Updated Growth & Water Demand Forecast
Permanent & Seasonal Residents Demand Projections
(Based on 2020 SCAG Regional Growth Forecast) 700,000 (AFY)
600,000 Other
800,000
Golf
500,000
600,000
400,000
NEAgricultural
400,000 300,000
200,000
200,000
f 100,000 Municipal
2020 2025 2030 2035 2040 2045 -
2020 2025 2030 2035 2040 2045
19
19
Projected Surface &Recycled Water Supplies
with Climate Change Assumptions (AFY)*
700,000
600,000
500,000
400,000
300,000
200,000
500,000
o *Does not include
2020 2025 2030 2035 2040 204 groundwater supply, which
■Colorado River(Mirus Corrveyancetozses) ■SWP Water (Mims Divxrsians to MCGRF) ea Other: RosedaleRioAravo varies under different
■srrfa<ewarer rwarennedRunaf rRecycled Water scenarios and is quantified
2 Delta Conveyance Facility Lake
Penis seepage Shes Reselwir
Planred Recycled Water using the groundwater
model
zo
20
Water Demand Type
2020
L026
2030
2035
2040
2046
05/04/2021
Indio Subbasin Groundwater Model
■ Updated through 2019
■ Historical model accurately simulates shallow
and deep groundwater levels in all areas of
the Subbasin
■ Then used to predict future water level and
storage changes under different inflow and
outflow scenarios
■ Model provides forecasts of future drain
flows, Salton Sea interactions, and other
water budget conditions
21
Plan Scenarios
22
a]
Existing supplies & facilities, no
new projects
Existing supplies & facilities limited
by climate change assumptions
5-year CIP supplies and facilities limited
by climate change assumptions
All planned supplies & facilities limited by
climate change assumptions
Expanded agricultural demands and all
planned supplies & facilities, limited by
climate change assumptions
11
Water Conservation Source Substitution & Water
Quality Protection
1: Urban Water Conservation
2: Golf Water Conservation
3: Agricultural Water Conservation
Water Supply Development
4: Increased Surface Water Diversion
5: Delta Conveyance Facility
6: Lake Perris Seepage
7: Sites Reservoir
8: Future Supplemental Water
9: EVRA Potable Reuse
10: Mid -Valley Pipeline Direct Customer!
11: East Golf Expansion
12: Oasis Distribution System
13: WRP-10 Recycled Water Delivery
14: WRP-10 Tertiary Expansion
15: Canal Water Pump Station Upgrade
16: WRP-7 Recycled Water Delivery
17: WRP-4 Tertiary Expansion & Delivery
18: DWA WRP Recycled Water Delivery
19: PD-GRF Phase 2 Expansion
20: TEL-GRF Expansion
21: WWR-GRF Operation
22: Eliminate Wastewater Percolation
23: Wellhead Treatment
24: Small Water System Consolidations
25: Septic to Sewer Conversions
26: CV-SNMP GW Monitoring Program Workplan
27: CV-SNMP Development Workplan
28: Colorado River Salinity Forum
29: Source Water Protection
05/04/2021
Modeling Results - Baseline
Simulated 2020.2070 Cumulative Change in Slorage
■ Baseline (No New Projects) a.gge.-
2.5aa.a0g
could be sustainable except for 2:=
climate change
2.200.-
2.t1aC.aag
■ Baseline with Climate Change
g ,ama�
scenario indicates decreases in
storage
s'
■ Simulated local declines in
.00 We
`
groundwater levels
200 nge
-2gg.ggo
2020 2025 2030 2035 2040 2045 2050 2055 2060 2065 2070
Baaelitte Cumulative Chang— Storage
Baseline Climate Change Cumulative Change m Storage
25
25
Future Change in Groundwater Levels
2009-2045, Baseline Scenarios
Baseline Scenario Baseline with Climate Change Scenario
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[-]C ... Baseline 5cenado ClGelll°mk C°umy "°"° wl,h tamale change
26
26
13
05/04/2021
Modeling Results - Projects
Simulated 2020-2070 Cumulative Change in Storage
,800,000
,600,000
400,000
2D0,000
ODD ODD
800,000
600,000
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2020 2025 2030 2035 2040 2045 2050 2066 2060 2065 2070
Basehne Climate Change Cumulative Change in Storage
Five -Year Plan Climate Change Cumull Change in Storage
--t Future Projects Climate Change ulative CumChange in 8—ge
ExganneJ Agricuaure Climate Change Cumulative Change In Storage 27
27
Future Change in Groundwater Levels 2009-
2045, 5-Year Plan with Climate Change
oRAFr Figure 711
Q MoOel Domain --- Garnet Hill FaultIndChange in i.u-'Grounalwater Levels,
Q C.I rn,.CSublhal" TODD- 2009-2046, Five -Year Plan 28
[_J Calrfornia Countyaxenx G6oury 0warea Scenario with Climate Change
28
14
05/04/2021
Future Change in Groundwater Levels 2009-
2 045, Future Projects with Climate Change
7.7
---- -- o ------------------------ - - - ---------- — -- ----- - --------mere
DRAFT
Model Domain --- Garnet Hill Fault Figure 142
Change in Groundwater Level
uns,
Q Indio Subbasin �oTODD- 20042045, Future Projects 29
L-J California Coty Scuvvga G R O U N O W AT E R 5cenano with Climate Change
29
Future Change in Groundwater Levels 2009-
2045, Expanded Agriculture with Climate Change
�naar wa cn.n
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30
N
DRAFT Figure 7-43
Change in Groundwater Level.,
ton TODD- 20091045, Expanded Agriculture
MRMNGROUNDWATER See With Climate Change
30
15
05/04/2021
Future Scenario Simulation Results
■ Scenarios indicate:
o Decline in groundwater levels and storage for Baseline with Climate Change
o Increases in groundwater levels and storage for all other scenarios
■ Plan Update analysis shows ability to meet projected future water demands
and SGMA sustainability goals with planned projects and management actions
■ Planned projects and management actions are needed to reliably meet
projected future demands in face of climate change and uncertainties in
demand past 25-year planning horizon
31
Comparison of Projected Demands
and Supplies Under Plan Scenarios,
2045
32
80D.000
700,000
600,000
04
5D0,000
400,000
300,000
)emend r•reurt
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0
oemmd Fiv—r Ph. with Climate I.—Pmjert•with di— E•Panded Agricaha ne with
manila Change climate Change
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•pmaarenmt n rw.•s..p.•.
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Planned SuppliesandTODD- Demands under Plan
.�cuna Scenarios, 2045
32
Q-1
05/04/2021
2022 Water Management Plan -
Public Review & Workshop
ANNOUNCEMENT: Our final public workshop for the 2022 Indio Subbosin Altemutive P2m7 Update will be held on
Wednesday, October 20 in hybrid format - in person at CVWD's Steve Robbins Administration Building AND virtually on GoToMeeting.
Indio Sub basin Alternative Plan Update - Public Workshop #7
Wednesday, October 20, 2021 at 2:00 pm - 4:00 pm
In Person)
Coachella Valley Water District - Steve Robins Administration Building
75515 Hovley Ln E, Palm Desert, CA 92211
GoToMeeting
Pleasejoin my meeting from your computer, tablet or smartphone https://global.clotorrecting.com/ioin/647606925
You can also dial in using your phone: +1 (645) 749-3122, Access Code: 647-606-925
Thank You,
Indio Subbasin GSAs
COACHELLA
Z
DESERTWATER• 1nWaterAuthority
Learn more at www.IndioSubbasinSGMA.org
33
Water Supply Assessment (WSA)
■ Senate Bill (SB) 610 was enacted in 2001 to more closely link land use
decision -making and water supply availability.
■ Encourages communication and coordination among water suppliers
and local land use agencies (cities and counties) in connection with the
approval of sizable development projects.
■ Is there sufficient supply available to serve the project and reasonably
foreseeable future development during normal, dry, and multiple dry
years?
34
17
05/04/2021
What Triggers a WSA?
■ Under SB 610, any city or county that determines a "project" under
Water Code section 10912 is subject to CEQA must identify the public
water system that may provide water service to the project and request
the water provider to prepare a WSA.
35
What Projects are Subject to a WSA?
1) Residential development of more than 500 dwelling units;
2) Shopping center or business establishment employing more than 1,000 persons or having more
than 500,000 square feet of floor space;
3) Commercial office building employing more than1,000 persons or having more than 250,000
square feet of floor space;
4) Hotel or motel, or both, having more than 500 rooms;
5) Industrial, manufacturing, or processing plant, or industrial park planned to house more than
1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet
of floor area;
6) Mixed -use project that includes one or more of the projects specified above; or
7) A project that would demand an amount of water equivalent to, or greater than, the amount of
water required by a 500 dwelling unit project.
9
35
W]
05/04/2021
What Must Be Included in a WSA?
■ Water supply documentation
o "Any existing water supply entitlements, water rights, or water service contracts relevant
to the identified water supply for the proposed project and a description of the quantities
of water received in prior years by the public water system ... under the existing water
supply entitlements, water rights, or water service contracts."
o An analysis of the sufficiency of the groundwater from the basin(s) from which the project
will be supplied to meet projected water demands
■ Water demand documentation
o Projected demand associated with the proposed project
o Existing demand within a water provider's service territory
o Documenting demands associated with a water provider's "planned future uses"
37
How is a WSA Used?
■ Lead land use agency (city or county) must include the WSA in the
Environmental Impact Report (EIR) prepared for the project.
■ If a WSA concludes that water supplies are not sufficient to serve the projected
demand in addition to existing and planned future uses, the water provider
must submit its plans for acquiring additional water supplies needed to serve
the project.
■ The city or county acting as lead agency under CEQA makes the final
determination based on the entire record whether water supplies will be
sufficient to serve the project in addition to existing and planned future uses.
I
19
05/04/2021
Water Supply Verifications
■ SB 221 only applies to development agreements or tentative maps that
includes a subdivision, defined as a residential development projects with 500
or more dwelling units.
■ The approval of a development agreement or tentative map including a
subdivision must be conditioned on obtaining an approved Water Verification
from the water provider at some point.
39
Landscape Plan Check
40
■ CVWD worked with CVAG
and the cities to develop
landscape ordinances.
Your city has approved a
landscape ordinance
which projects are
required to comply with.
■ Sets a Maximum Applied
Water Allowance which a
project cannot exceed.
RE
05/04/2021
Landscape Plan Check
■ Applicability for plan submission— Requires a building or landscape
permit, plan check or design review
■ Public agency and private development projects
■ Developer installed single family or multi -family projects
■ Homeowner constructed/occupied single family or multi -family
project w/total landscape area over 2,500 square feet.
■ Any residential project with a landscape area of 2,500 square
feet or less may complete Appendix H to conform to ordinance.
41
Landscape Plan Ch Prk
■ Reviewed for compliance with Ordinance 1302.5.
■ If plan meets requirements of Ordinance plan _
is signed. J" _
■ If plan requires corrections, comments are _
returned to landscape architect (goes back and
forth until plan meets requirements for
signature)
■ Plan is scanned, assigned drawing numbers, �''
plan check fees are charged and upon payment `
plan is released to landscape architect. /,
■ Clearance is given to Development Services to sell
meter and then meter is installed.
■ Project is placed on future inspection list.
42
21
05/04/2021
Landscape Plan Check
■ CVWD staff conducts randomized visit sites for inspection based on the future inspection list.
■ If upon inspection the project was installed per plan, we make a note and remove it from
the pending inspection list.
■ If upon inspection the project is not installed per plan, we make a note and attempt to
contact the Developer.
■ If the project is within a Tract and we have not installed all of the meters, we place a
hold on the future meters until the landscape under construction is brought into
compliance per the designed plan or plan revisions are submitted.
■ If the project is a single family home built by a homeowner we attempt to contact the
homeowner for correction.
■ If all of the above meters are installed we attempt to get compliance but can face
difficulty because once the meters are installed we do not have anything to hold.
43
Water Budget Based Tiered Rates
■ Once a project is installed, they are billed against
the use of that property.
o
■ Water budget: An amount of water allocated to a..
_. =
specific property for a given period of time based
on the individual needs of that property.
= f f y
■ Commercial: indoor based on sewer demand=
'=�
■ Homes: indoor and outdoor use
'=-
■ Landscape: based on size, weather and
J
- _-
efficiency
■ Budgets do not exceed landscape plan
specifications.
44
44
22
05/04/2021
Commercial Water Budgets
■ Calculated using:
■ Equivalent Dwelling Units (EDUs) purchased for
business based on sanitation capacity/usage
(Tier 2)
■ I.E. 1 EDU= 8 CCF budget
■ Should have separate landscape meter
■ Some older facilities use their meter for both
landscape and indoor use
■ These meters will be charged sewer rates for all
water used even though not all water is going
down sewer
45
Landscape Water Budgets
■ Calculated using:
■ Landscape area in square feet (mapped in GIS)
■ Evapotranspiration (ET) total in inches for days
in billing period
■ Weather based adjustment factor (based on
microclimate zone)
■ Monthly plant factor
■ Volumetric conversion ( gallons to CCF)
■ Irrigation system efficiency
46
OwNiiiii
3 t
` Ar
23
05/04/2021
Landscape Water Budgets
■ Existing properties are mapped and ti
landscape area is measured in square
feet.
■ New development is based on the
landscape plan submission.
■ Not building to plan will result in
increased costs
Mapped
Property
47
Questions/Discussion
48
COACHELLA VALLEY
WATER ❑ISTRICT
24
_ - �>..._ sue• . -
City Council Meeting
October 5, 2021
61 - Short -Term Vacation Rental
Program Code Amendment
f r y
Background - STVR Exemption
• Adjacent to La Quinta Resort & Tourist Commercial
District zone
• Within gated boundaries of La Quinta Resort
• Connected to resort via a direct driveway to provide
access to the resort's amenities / facilities for guests
• Historically operated as STVRs
• Rented through La Quinta Resort Leasing Office
• Total of 48 units; 16 registered as STVRs
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City Council Meeting
October 5, 2021
62 - Community Services Grant Requests
2021-22
7�
r cAL1
I
FORMA
-.VI
Community Services Grants
• Budget is $60,000 (3 rounds)
• Recommend $21,,500 for 8 organizations
• $38,,500 would remain for next 2 grant
rounds
Applicant
Requested
Committee
Recommendation
Academy of Musical
Performance
$5,000
$2,500
Alzheimer's Association
$5,000
$5,000
Assistance League
Coachella Valley
$3,000
$1,500
Desert Arc
$5,000
$5,000
Applicant
Requested
Committee
Recommendation
Galilee Center
$5,000
$1,500
John Glenn Middle School
- Kids in the Kitchen*
$500
$500
Soroptimist House Inc.*
$500
$500
YMCA of the Desert
$5,000
$5,000
*Starter Grant
CALIFORNIA
City Council Meeting
October 5, 2021
63 - Veterans Recognition Ceremony
tt
Veteran Recognition Ceremony
Date: November 11, 2021
Location: Civic Center - Courtyard
Time: 9:00 AM - 10:30 AM
0 'W
Honoring Those Who Served
• 302 names engraved on the Veterans Acknowledgement
Monuments
• 13 Applications submitted
- 5 Army
- 2 Air Force
- 1 Coast Guard
- 5 Navy
• Nominations submitted in person and via email
• Nominees vetted by City staff
0 Submitted for Council approval
05/04/2021
63
64
32
Requirements
• Current or former La Quints
resident
• Honorable discharge from service
• Proof of military service (DD214)' 1
MM.
Veteran Recognition Ceremony
(Continued )
Nominees honored
Past nominees acknowledged
Name, rank, and date of service
engraved on Veterans
Acknowledgment Monuments
CALIFORNIA
City Council Meeting
October 5, 2021
64 - Amendment No. 4
SilverRock Development Company
dir CA
SilverRock Development Company LLC
City of La Quinta — Council Meeting Update October5, 2021
Site Overview
City of : Quints
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Project Status Overview
Montage Hotel and Spa
• Site Watering —April 2021 —Complete
• Mylars for Precise Grading Plan Approval —July 2021—
Complete
• Grading & Pad Certification —July 2021— Complete
■ Model Room Construction — Under construction
• FF&E due December 2021
• Underground Utilities —July2021 —In progress
Storm Drain, Sewer, and Water installation —In progress
• Building Construction —July 2021 — In progress
Building permits for Main Building and Spa — Issued
■ Completion —April 2023 —On schedule
Project Status Overview
I7 1I
L
Montage Hotel Vertical Construction
• Under -Slab Electrical Conduit Installation —September 2021 —
Complete
• Under -Slab Plumbing Installation —September 2021 —Complete
• Footing Excavation —September/October2021—In progress
Montage Spa Vertical Construction
• Under -Slab Electrical Conduit Installation —September 2021 —
Complete
• Footing Excavation — September 2021— Complete
1
• Footing RebarInstallation — September/October 2021—In
progress
• Concrete Pour — October 2021 —On schedule
-
Montage Guestrooms Phase I
• Footing Excavation- October 2021 -On schedule
05/04/2021
73
74
37
Progress Image — Montage Spa
Project Status Overview
Montage Residences
Underground Utilities —September to January
2022 — In process
Permits — Ready to issue
• Storm drain materials — Delivered
CVWD approval— Complete
■ Temporary Power —September 2021 —Permit
Issued
■ Cart Path Relocation — October 2021 — In
process
■ Curb & Gutter Construction — November to
December 2021
■ Building Construction — September 2021
• Permits — Issued
• Subcontract issuance — In process
• Construction — In process
■ Completion Phase 1 —November 2022
L I
MW
MW
05/04/2021
77
W
39
Project Status Overview
Conference and Shared Services Building -
■ Mylars for Precise Grading Plan —Approved
• Site Watering —July 2021—Complete
■ Grading & Pad Certification —September2021 —Complete
• Executed GMP Contract with GC—September2021—Complete
■ Building Construction — October2021 — On schedule pending
permit issuance
■ Completion — May 2023
Project Status Overview
Golf Clubhouse
�r
• Mylars for Precise Grading Plan —Approved
■ Site Watering —July 2021—Complete
• Grading & Pad Certification —September2021—Complete
■ Executed GMP Contract with GC—September2021 — Complete
■ Building Construction—September2021 —In Progress
• Permit —Issued October2021
• Underground utilities trenching— In Progress
• Completion —October 2022
oil
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Progress Image —Golf Clubhouse
Project Status Overview
Pendry Residences
• Final Map Approval —August 2021 —In process
■ Final Map Recordation —October 2021 —On schedule
• Site Watering —August 2021 — Complete
■ Mylars for Precise Grading Plan Approval — October 2021 — In
process
■ Grading & Pad Certification —October 2021
■ Underground Utilities —October 2021
• Phase 1 Building Construction —January 2022 —On schedule
■ Phase 1 Completion — February 2023 — On Schedule
Project Status Overview
Pendry Hotel
■ Mylars for Precise Grading Plan—August2021 —Complete and
pending approval
• Site Watering — July 2021—Complete
• Grading & Pad Certification— October 2021— In process
■ Building Construction — April 2022 — On schedule
• Completion—February2024
_LL
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r
E
9
Thank you
Background
• November 2014 - Council approved
Purchase, Sale, and Development
Agreement
• May through November 2017 golf course
realignment
• November 2018 - Council approved
Amendment No. 3 updating schedule to
enable closing of $212 million construction
financing
Background
• April 2019 through November 2019 mass
grading and site preparation
• March 2020 through April 2021 project
delays as a result of COVID-19 and cost
escalations
• April 2021 City issued a notice of default
and requested cure
05/04/2021
87
W.
m
Amendment No. 4
Business Terms
• Decrease available TOT receipts by 5%
• Increase purchase price of Option Property
• Require hotel operator to manage vacation rentals of
branded residences and golf villas
• Update lifestyle residences closing requirement
• Quarterly reports detailing delays, schedule changes
or other circumstances that could impact milestones
Questions?
CALIFORNIA
WRITTEN
PUBLIC
COMMENT
CITY COUNCIL
MEETING
OCTOBERS 2021
CITY COUNCIL MEETING - OCTOBER 5, 2021 - WRITTEN PUBLIC COMMENTS BY RESIDENT NANCY DUNN
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - REQUESTS LIFTING OF MORATORIUM ON NEW STVR
PERMITS FOR HOMESHARE PERMITS
From: Nancy Dunn
Sent: Monday, October 4, 2021 8:17 PM
To: City Clerk Mail
Subject: Fw: Short Term Vacation Rental license moratorium
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening
attachments, clicking links or responding to requests for information.
----- Forwarded Messa a -----
From: Nancy Dunn
To: City Clerk Mail <cityclerkmail rlaquintaca.gov>
Sent: Monday, September 20, 2021, 05:54:36 PM PDT
Subject: Short Term Vacation Rental license moratorium
Dear City Council Members:
My patience is wearing thin with your stance on continually extending the city's
moratorium on procuring licenses for short term vacation rentals. I have written to you
several times during the past year and not a single one of you has extended the
courtesy of responding to my concerns or of answering the very specific questions that I
have posed. I will try again today and hope that I will get some type of response.
First and foremost, I run a bed and breakfast business, in which I am on site during
my guests' stay. In six years, I have never received any type of contact from the City of
La Quinta law enforcement or noise enforcement in regards to noise, garbage, or
parking at my home. The entire homes that are rented out to visitors should be in a
totally different category from homes such as mine, in which the owner is on site for the
duration of the visit. As you are well aware, many La Quinta homeowners rent out a
room or two in their home or a casita to make ends meet during retirement and your
decision to lump together both types of vacation rentals in the same category is truly
unfair and unjustified to all of them.
Secondly, some areas of the city have been allowed to apply for permits because
they are located in a Tourist Commercial or Village Commercial zone. What constitutes
a Tourist Commercial or Village Commercial zone? One area that has been given the
exemption is Center Pointe -La Quinta Desert Villas (Homewood Suites). I live in Acacia
La Quinta, whose entrance is two tenths of a mile from La Quinta Desert Villas. My
house is located five tenths of a mile from that complex. Why are they eligible
to apply for and receive a new permit when I am not?
I would appreciate hearing from one or all of you within the week in response to my
concerns. Thank you. Nancy Dunn
I
CITY COUNCIL MEETING - OCTOBER 5, 2021 - WRITTEN PUBLIC COMMENTS BY RESIDENT EDWARD SMILOW
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Edward Lister Smilow
La Quinta
Environmental Report for Surf Park Development
Subject: Comparison with Golf Course Development
I am the former Executive Director of the California Golf Course Owners Association and Board Member of the
California Alliance for Golf. Throughout my tenure, I participated in, attended and produced numerous seminars
and programs related to the environmental impact and environmental stewardship of golf courses here in
Coachella Valley as well as the rest of California. After listening and studying from experts in the field, especially
water usage, which is of course most critical to the golf industry, I can state unequivocally that water usage by a
golf course cannot in any way be compared with water usage at the proposed development.
The water used on a golf course is recirculated into ground water. Most of the water is filtered by the earth back
into the water table and aquifer. That is why a golf course can utilize recycled water and act in much the same way
as a water treatment facility does. Aeration through spraying provides a purifying process as well. Simply
measuring the amount initially utilized without factoring in the return is an inaccurate measure of water usage.
The environmental impact of water usage on a golf course goes far beyond the recreational value. The amount of
oxygen produced by the grass that is grown has a significant effect on the atmosphere. The grass areas have a
cooling effect as well. The golf course habitat created promotes animal and insect life which is a necessary
component for the desert ecology, and is an essential component for agricultural production as pollinators thrive in
the golf course environment while the growing fields lie barren and dormant.
As the State of California has struggled to master the effects of drought conditions, the golf industry has been at the
forefront of conversation. These efforts have consisted of adoption of its own consumption standards that exceeded
the rationing imposed by the State, utilization of advanced technology to monitor water usage, utilization of
advanced watering valves and heads, extensive turf reduction and introduction of heat tolerant grasses to reduce
water consumption. Operation conservational use consumption practices now recycle the water used for the daily
washing of carts and surrounding building areas.
Environmental impact cannot be separately considered from the economic impact of golf in La Quinta. In 2015, the
California Alliance for Golf concluded an extensive study of the economic impact of golf in the Coachella Valley. I
have a attached a copy of that report for your consideration. In sum, the economic impact of golf is essential to the
economy in this reason because of its value to the second home industry, tourism and travel, which brings million
upon millions of dollars to local businesses and those that are employed. As a matter of return on investment, no
industry in the Valley produces a greater return than golf.
I urge the City of La Quinta to consider the current zoning plan for the area of the proposed development as a
commitment to a well thought out design which has proven successful when well operated over half a century of
time. There appears no good reason to change this plan in terms of environmental and economic impact. In fact,
the addition of new housing without additional green space may compromise the welfare of current inhabitants.
Thank you for your consideration,
Edward L. Smilow
CITY COUNCIL MEETING - OCTOBER 5, 2021 - WRITTEN PUBLIC COMMENTS BY RESIDENT KAY WOLFF -
BUSINESS SESSION ITEM 2 - SUPPORT FOR FULL GRANT FUNDING FOR GALILEE CENTER
TO: Members of the City Council
FROM: Kay Wolff
DATE: October 12, 2021
Regarding the Community Services Commission allocation of funds:
I would respectively request that the Galilee Center be funded for the maximum
amount of $5000. I have visited there many times and invest the majority of my own
charitable giving to them. It fills a tremendous need in our community.
The Galilee Center serves the workers who plant, tend and harvest our food. They
work in our hotels, hospitals country clubs and restaurants. They are mostly paid
minimum wages and cannot afford housing nor the food they have cultivated. We all
rely on this often unseen hard-working people.
This grant is an opportunity to support a very worthy charity in our community. They
were awarded a Community Services Grant in 2018/19. If they are not funded for the
full amount this year, there will be a long wait to ask again.
There are no other grants on the approval list that address food, clothing and shelter
for the poor. At this critical time, the City needs to step up to help fill this tremendous
need.
The need is great. The recipients are the neediest. La Quinta is in a position to
support an amazing organization. Please, let's give the maximum to this Center which
gives its maximum every day of the week.
(1 haven't read the application, but here's some background that 1 have gleaned
from my association with the Galilee Center:)
1. This Center was founded and is managed by Gloria Gomez and Claudia
Castoreno, founders of the original Martha's Kitchen. They have a proven
track record and know how to organize to get the biggest bang for your
buck.
2. After retiring from Martha's, Claudia and Gloria started distributing food
baskets to farmworkers and families under a shade tree on a corner in rural
Thermal. They immediately saw the need for more extensive services.
3. A local grower made a large packing shed available to initiate services for
the community of working poor.
CITY COUNCIL MEETING - OCTOBER 5, 2021 - WRITTEN PUBLIC COMMENTS BY RESIDENT KAY WOLFF -
BUSINESS SESSION ITEM 2 - SUPPORT FOR FULL GRANT FUNDING FOR GALILEE CENTER
4. The Galilee Center currently provides multiple services to the working poor
and their families who would otherwise be sleeping in their cars, trucks,
ditches or under bridges. An air-conditioned space to sleep overnight,
laundry room, restrooms and showers, two meals a day, medical referrals
when needed and assistance with legal documentation.
5. The Center receives both monetary and used goods. It has two large thrift
shops (Mecca and Coachella) which sell items to the community for $1.00.
Donated items of value are sold on eBay by staff. Large items can be picked
up from the donor's home. Profits from the thrift stores support the food
distribution program.
6. On Thursdays, food baskets are distributed to needy families. Once a year
there is a bicycle give-away and backpack distribution. Baby supplies are
provided as needed, purchased in bulk at the most economical cost.
7. Emergency services are provided, such as rental and utility assistance,
clothing vouchers and various services for children and seniors.
8. The Center coordinates with Border Patrol to accommodate refugees who
have future immigration court dates and who need temporary housing and
transportation across the U.S.
9. There is currently a drive to raise $2 million for an addition which will
expand the sleeping quarters from the current 75 to 150. Due to the
generosity of major donors who appreciate the important work of the
Galilee Center, the drive for the addition is half way met!
10. It is my understanding that the Center receives funding from the State
and/or County to support services, in addition to having a base of devoted
support organizations and donors.
The residents listed below gave
verbal presentations of the
enclosed materials, which are also
included as Written Comments:
(Presentations are in the order in which the residents spoke)
• Robert (Bob) Lasser
• Carolyn Winnor
• Nancy Bruce
• Alena Callimanis
• Robin Nenninger
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
INTRO SLIDE
2035 City of La Quinta General Plan
LIGHTING
Robert Lasser
Carolyn Winnor
Nancy Bruce
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Slide #1
Developer Proposes:
'General Plan Amendment (GPA 2019-0002)
'Zoning Change (ZC 2019-0004)
'Specific Plan (SP 2020-0002)
'Tentative Tract Map (TTM 2019-0005)
'Site Development Permit (SDP 2021-0001)
'Development Agreement (DA 2021-0002)
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Slide #2
* A Commercial entertainment -based venue endeavor;
not a residential development community
-* Commercial /high -density development
* Entitlements that are severely understated by the
Applicant so that approval can be obtained
-* Not in keeping with the character and entitlements
envisioned by the City and its residents
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Slide # 3
One element of the Project - LIGHTING...
•Commercial lighting levels and light pollution to an
existing residential area
'Dusk to dawn basis 365 days per year in perpetuity,
where currently there is no light
'View of Coral Mountain from Lisa Castro's home at night:
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Slide #4
General Plan re: lighting
DEIR did not consider the "dark skies"
of the "Gem of the Desert"
•A guiding principle of the General Plan, which is to
reduce light pollution
•Project is blatantly inconsistent with this principle
•17, 80-foot-high light fixtures to illuminate the wave basin
365 days per year from dusk to 10pm
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Slide #5
'Commercial lighting to illuminate the large-scale
commercial development including separately 47,000 square
feet and 60,000 square feet of mixed commercial uses
included in the overall project
*Will be in operation 365 days per year from dusk to dawn
in perpetuity. A direct conflict with the surrounding
residential areas
'per DEIR, there will be multiple 25-foot light poles, 40-foot
light poles and 80-foot light poles, due to TC zone change
*-Significant change from the current Municipal Code which
allows 8-foot light pole heights
(per TABLE 4-1-8 in DEIR)
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Slide # 6
M i nags r & Associates Inc.:
*28 years of experience in ITS (Traffic/Civil Electrical Engineering- Transportation
Planning- Homeland Security- EM Consultants)
Prepared a response to the DEIR & Appendix B.
Says that LED Lighting:
•provides an extremely high lumen output, and glare is one
of the most common and annoying results of LEDs
typically emits too much light which creates light pollution
'can have a negative effect and adverse impacts on humans
and nocturnal animals
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Slide # 7
the Minegar report continues...
•The DEIR did not address that desert has high winds -
resulting in silica particulate blown about in the area of the
proposed project
•Silica particulate is highly reflective
•Applicant should be required to install mock-ups of every
type of ling to confirm visual comfort of concerned
parties affected by such installation
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
By DEIR's own admission:
Wave parks impact scenic vistas, the visual character, or
quality of the site, scenic resources... and light and glare
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Slide 9
Request by the Applicant to change the zoning from its
current Low -Density Residential with Golf, to
Commercial -Tourism to allow this project to move
forward should be denied.
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Slide 10
Coral Mountain Wave Park Project is in
direct conflict with the 2035 la Quinta General Plan
•Will not provide the best quality of life for all its surrounding residents
•Will not assure a consistent and compatible land use pattern
•Will not assure that subdivision and development plans are
compatible with existing residential areas
•The Project does not protect the quiet noise level and light pollution
environment, to preserve the quality of life for all its residents
•the proposed Project does not represent compatible development
adjacent to, existing neighborhoods and infrastructure.
The above are all requirements of the
2035 La Quinta General Plan
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
SLIDE 11
In Conclusion... Why
is City
of la
Quinta interested in
the Coral Mountain
Wave
Park
Project?
•a Project that violates the 2035 La Quinta General Plan
•a Project that promotes the grossly irresponsible use of a
natural resources that is in critical short supply.... Water
•a Project that is so strongly opposed by La Quinta's own
citizens being considered by our city leaders?
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ROBERT LASSER, CARLOYN WINNOR & NANCY BRUCE
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
SLIDE 12
Answer is:
■ � •
•Comply with the will of the constituents who elected you
• Deny the zone change
"This is the Wrong Project,
in the Wrong Place,
at the Wrong Time
This is the wrong way to increase tax revenue for the Citx
Just say NO to a zoning change!
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Comments on Evaporation, Drought and Golf Course Benefits
Alena Callimanis —Trilogy
Robin Nenninger — PGA West
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
WavePoolMag.com August 13, 2021 Article
"Coral Mountain Meets Resistance from Neighbors"
• The John Gamlin provided input into the article
It's worth noting that on a typical winter day the SilverRock golf course in La
Quinta needs around 500,000 gallons of water. On a cool day it's likely to use
400,000 gallons and on hot, windy days it could be up to 600,000 gallons. And
this is with a new computer system that's pumping out, on average, 25% less
water than the course was using prior to a computer `smart systems' upgrade.
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
A look at CVWD evaporation numbers
• CVWD did the best they could based on the fact there is no modeling for wave pools
• CVWD needs to use local Coachella Valley conditions and numbers when they do their
wave pool evaporation calculation
• For example, Pan Evaporation numbers are a part of that calculation, though those
numbers stopped being collected in 1995 when we only had 99 days over 100 degrees
• CVWD cannot use the information on evaporation at the Kelly Slater Surf Ranch in
Lemoore because the site is not located in CVWD's Evapotranspiration Zones (aka water
surface evaporation, soil moisture evaporation, and water vapor from plants)
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
From
the
California
Water
Resources
Board
Note:
CVWD
breaks
this
down
locally
for their
areas
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T U L A,� E -
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N T E R E Y
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- I N G S
14
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0 B I S P 4
5 A N
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-
- - - - .............. ..... ..-._. .._._r
17
S A N T A B A R B A R A
_ VENTURAL 6 5
A N G E L E S 14
til
Per this map, the
higher the number the
14 higher the
I N � evapotranspiration
-
17
R I Y E 11 $
2i.
_
ORANGE `,
6
S A N ❑ I E G O
M P E B I A L
y
18
16
,---
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
A look at evaporation numbers — 250,000 gallons/day
on hot days in Lemoore
• Lemoore in 2020 had 40 days between 100 degrees and 109 degrees
• La Quinta in 2020 had 140 days between 100 degrees and 119 degrees
• 140 days x 250,000 gallons = 35 Million gallons evaporation
• CVWD states in ur_'IR Appendix ivi: Yearly evaporation is 39 Million gallons
• What about wind evaporation? Sand? Wave action? Wave pool
maintenance? The other 225 days of the year? HEAT?
5
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Quick Science Slide
Adding energy (heating) increases the rate of evaporation
Although water can evaporate at low temperatures, the rate of
evaporation increases as the temperature increases. This makes sense
because at higher temperatures, more molecules are mooring faster;
therefore, it is more likely for a molecule to have enough energy to break
` ' away from the liquid to become a gas.
Increased Fate of Evaporation
N.
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
WADI Adventures in United Arab Emirates
• Similar Hot Weather evaporation percentage like Lemoore
• WADI cools their pool to 84 degrees in the summer
• Required for comfort and safety of surfers (heat stroke in hot
water/weather)
• Algae unmanageable at high pool temperatures, with chlorine levels too
high for surfers
• "Warmer pools can incubate nasties like Protozoa and viruses"
7
• WADI warms their pools to 74 degrees in the winter
• By the way La Quinta Resort has coolers on their 41 pools to cool
between 82 degrees and 84 degrees "because otherwise, the "
guests can't use the pool"
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
2035 La Quinta General Plan
• Water consumption for the Coral Mountain project is NOT in keeping
with 2035 La Quinta General Plan
Water conservation in La Quinta is essential to reduce the overdraft of local
groundwater and protect future resources. II-138
8
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Public Review Process for the Indio Subbasin Sustainable
Groundwater Management Act Alternative Plan — lots on
Climate Change, not enough on Colorado River issues
Executive Summary
D RAF
Figure ES-S: Indio Subbasin Supply Forecast Projected Future Supplies with Climate Change
;u0,000
600,000
500, 000
400,000
300,000
200,000
100,0o0
0
2020 2025 2030 2035
■Colorado RrwWiNMnus Corwvyance Lasses) ■SWp WNw(Mnus Divervansto AKLRfi
• W Lam Water ■ Watorsted Rundl
1s Delta Corweyance f ocdty M Lake pwr is Seepar
a planned Recycled Water
2040
• Otter'. Rofodale RIo-9ravo
■ Recycled Water
e stas Rewn f
4
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
Edward Lister Smilow
La Quinta
Environmental Report for Surf Park Development
Subject: Comparison with Golf Course Development
am the former Executive Director of the California Golf Course Owners Association and Board
Member of the California Alliance for Golf. Throughout my tenure, I participated in, attended and
produced numerous seminars and programs related to the environmental impact and
environmental stewardship of golf courses here in Coachella Valley as well as the rest of California.
After listening and studying from experts in the field, especially water usage, which is of course
most critical to the golf industry, I can state unequivocally that water usage by a golf course cannot
in any way be compared with water usage at the proposed development.
The water used on a golf course is recirculated into ground water. Most of the water is filtered by
the earth back into the water table and aquifer. That is why a golf course can utilize recycled water
and act in much the same way as a water treatment facility does. Aeration through spraying
provides a purifying process as well. Simply measuring the amount initially utilized without
factoring in the return is an inaccurate measure of water usage.
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
The environmental impact of water usage on a golf course goes far beyond the recreational value.
The amount of oxygen produced by the grass that is grown has a significant effect on the
atmosphere. The grass areas have a cooling effect as well. The golf course habitat created
promotes animal and insect life which is a necessary component for the desert ecology, and is an
essential component for agricultural production as pollinators thrive in the golf course environment
while the growing fields lie barren and dormant.
As the State of California has struggled to master the effects of drought conditions, the golf
industry has been at the forefront of conversation. These efforts have consisted of adoption of its
own consumption standards that exceeded the rationing imposed by the State, utilization of
advanced technology to monitor water usage, utilization of advanced watering valves and heads,
extensive turf reduction and introduction of heat tolerant grasses to reduce water consumption.
Operation conservational use consumption practices now recycle the water used for the daily
washing of carts and surrounding building areas.
Environmental impact cannot be separately considered from the economic impact of golf in La
Quinta. In 2015, the California Alliance for Golf concluded an extensive study of the economic
impact of golf in the Coachella Valley. I have a attached a copy of that report for your
consideration. In sum, the economic impact of golf is essential to the economy in this reason
because of its value to the second home industry, tourism and travel, which brings million upon
millions of dollars to local businesses and those that are employed. As a matter of return on
investment, no industry in the Valley produces a greater return than golf.
CITY COUNCIL MEETING - OCTOBER 5, 2021 - VERBAL PUBLIC COMMENTS BY RESIDENTS ALENA CALLIMANIS AND ROBIN NENNINGER
PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA - RELATED TO THE DRAFT EIR FOR CORAL MOUNTAIN
urge the City of La Quinta to consider the current zoning plan for the area of the proposed
development as a commitment to a well thought out design which has proven successful when
well operated over half a century of time. There appears no good reason to change this plan in
terms of environmental and economic impact. In fact, the addition of new housing without
additional green space may compromise the welfare of current inhabitants.
Thank you for your consideration,
Edward L. Smilow