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ORD 292
ORDINANCE NO. 292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 96-001 BY AND AMONG THE CITY OF LA QUINTA, HOME DEPOT USA, INC. AND CREDIT SUISSE LEASING 92A, L.P. WHEREAS, pursuant to Government Code Sections 65864 et seq., and Chapter 9.250 of the La Quinta Municipal Code, application for the Development Agreement for Home Depot USA, Inc. (Specific Plan 96-027, and Conditional Use Permit 96-028) attached hereto as Exhibit A has been presented for approval; and WHEREAS, public hearings on said applications were held by the Planning Commission on November 26, 1996 and by the City Council on December 3, 1996, NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. APPROVAL AND FINDINGS. The Development Agreement for Home Depot is approved and the City Manager is authorized to execute such Agreement. The City Council finds that: A. The Proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 96-027. The property is within the Mixed/Regional Commercial (M/RC) District per the provisions of the 1992 General Plan Update which permits the proposed use and is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided condition s are met. B. The land uses authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Regional Commercial (CR) which permits the proposed uses provided conditions are met. C. The proposed Development Agreement including the attached and incorporated Development Lease Agreement conforms with public convenience and the general welfare by providing for construction of extensive public improvements and conforms to good land use practice by encouraging long-range, _ comprehensive approach to development of a major retail center. Ordinance No. 292 Page 2 D. Approval of this Development Agreement will not be detrimental to the health, safety and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. E. Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area - wide property values, but rather will enhance them by encouraging planning, phased growth. F. Approval of the Development Agreement will provide a positive fiscal impact on the City by providing new revenue to the general fund for services. G. Consideration of the Development Agreement has been accomplished pursuant to California Government Code Section 56864 et seq and the City of La Quinta Municipal Code Section 9.250.030, which govern development agreements. H. The amount to be paid by the City under the Developer Lease Agreement for the sublease of completed public improvement is based on and determined by the best estimate of the cost of the public improvements provided under the !' Development Agreement and made available for public use and benefit as a result of the Development Agreement. SECTION 2. The City Clerk shall record the Development Agreement with the County Recorder no later than ten days after the Development Agreement is executed by the City Manager. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted as designated by Resolution of the City Council; shall certify to the adoption and 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 this City. The foregoing Ordinance was APPROVED and ADOPTED at a meeting of the City Council held on this 17th day of December, 1996, by the following vote: Ordinance No. 292 Page 3 AYES: Council Members Adolph, Henderson, Sniff and Mayor Pro Tern Perkins NOES: None ABSENT: Mayor Holt ABSTAIN: None v7 t 4 A. RONALD PERKINS, Mayor Pro Tern City of La Quinta, California ATTEST: ;AUNNRA L. JU OLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: 6-'tazL� DAWN C. HONEYW LL, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA 1 I, SAUNDRA L. JUHOLA, 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. 292 which was introduced on the 3rd day of December, 1996 and was adopted at a regular meeting held on the 17th day of December, 1996 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the Ci of La Quinta as specified in a resolution of the City Council. AUNDRA L. J OLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on January 14, 1997 pursuant to City ;UNDRA cil Resolution. L. JU OLA, City Clerk City of La Quinta, California PLEASE COMPLETE THIS INFORMATION RECORDING �REQUESTED BpY: WIWI/M emu;"���dU�.iU AND H N RECORR�ECOOR D MAI �L TO: RECEIVED FOR RECORD AT 8:00 O'CLOCK MAR 191997 Roomded in Official Necords Of Riverside COunly, Casforrwa Recorder Fees $ M' SPACE ABOVE FOR RECODER'S USE ONLY }-ID I I\Iv VI WUGUIIICI It 7 IX xilSo A-R EA F1/0 E, AL -A\ D E, 7N rwF'r 0 -1 �;, E 7 U - S�':-: )/ , 0 N --- �Y THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STGSCSD 9Ws SevI mber 7, 1995 473860 swss RECORDING REQUESTED BY Continental Lawyers Title Company RECEIVED OR E AT ORaCLOCK RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ) DEC 1 71996 AND MAIL TAX STATEMENTS TO: ) Recorded in offidil Reoords City of La Quinta ) of R Rewride 78-495 Calle Tampico ) Fees$_ La Quinta, California 92253 ) Attn: City Clerk ) (Space above for Recorder's Use) DEVELOPMENT AGREEMENT BY AND AMONG CITY OF LA QUINTA, HOME DEPOT U.S.A., INC. M AND uJ .- 3 CREDIT SUISSE LEASING 92A, L.P. C= , 711 Continental lathers Tiompany Title C has recorded this document as an ACCOh°""OD'ATIL ONLY It has not been examined f suffior regularity, to thciency, or effect on the title e property therein describe, 3hmdpt.agm 473860 Table of Contents RECITALS..................................................................1 1. DEFINITIONS ............................... 3 1.1 Authorizing Ordinance .............................................. 3 1.2 City.............................................................3 1.3 Conditional Use Permit (CUP) ....................................... 3 1.4 Developer........................................................3 1.5 Development.....................................................3 1.6 Development Agreement Statute ...................................... 3 1.7 Development Approval(s) or Approval(s) ............................... 4 1.8 Effective Date 4 1.9 Existing Rules .................................................... 4 1.10 Final Development Plan ............................................. 4 1.11 General Plan......................................................4 1.12 Mitigated Negative Declaration ....................................... 4 1.13 Owner..........:................................................4 1.14 Phase ..........................................................4 1.15 Phase II..........................................................4 1.16 Project..........................................................4 1.17 Project Site.......................................................5 1.18 Public Improvements ............................................... 5 2. EXHIBITS.............................................................5 3. GENERAL PROVISIONS ................................................ 5 3.1 Property Subject to the Agreement .................................... 5 3.2 Duration of Agreement ............................................. 5 3.3 Assignment......................................................5 3.3.1 Assignment Without Notice to City .............................. 6 3.3.2 Assignment Upon Notice to City ................................ 6 3.4 Amendment or Cancellation of Agreement ............................. 7 3.5 Implementation Memoranda; Amendment to Developer Lease Agreement .... 7 3.6 Unforeseen Circumstances .......................................... 7 3.7 Enforcement of Agreement ......................................... 8 3.8 Hold Harmless ................................................... 8 3.9 Binding Effect of Agreement ........................................ 9 3.10 Relationship of Parties ............................................. 9 3.11 Notices....................................................... 9 4. REGULATION OF DEVELOPMENT ...................................... 9 4.1 Rules, Regulations, Official policies ("Existing Rules") ................... 9 3hmdpt.agm 190568 4'738GO 4.2 Limitations, Reservations and Exceptions ("Reservations of Authority") ..... 10 4.2.1 Application of Subsequently Enacted Rules, Regulations and Official Policies...................................................10 4.2.2 Application of Subsequently Revised or Adopted Fees and/or Improvement Standards ...................................... 10 4.2.3 State and Federal Laws, Regulations and Decisions ................ 10 4.2.4 Public Health and Safety ..................................... 11 4.2.5 Future Discretionary Reviews ................................. 11 4.2.6 Full Extent of Law .......................................... 12 4.3 Assurances to Developer Regarding Exercise of Reservations of Authority ... 12 4.3.1 Adoption of General Plan and Preliminary Development Plans; Further Approvals and CEQA Compliance ............................. 12 4.3.2 Administrative Findings and Burden of Proof ..................... 12 4.4 Vested Rights....................................................13 4.5 Referenda and Moratorium ......................................... 13 5. DEVELOPMENT OF THE PROPERTY .................................... 13 5.1 Permitted Uses...................................................13 5.2 Home Depot Buildings ............................................ 14 5.3 Permitted Density, Height and Size of Development ..................... 14 5.3.1 Site Development Requirements Which Exceed Standard Development Requirement...............................................14 5.4 Phasing of Construction and Completion of Project ...................... 15 5.4.1 Phasing of Construction ...................................... 15 5.4.2. Developer.................................................15 5.4.3 City......................................................16 5.4.4 Completion of Project ....................................... 16 6. PUBLIC IMPROVEMENTS DEVELOPMENT PROGRAM .................... 16 6.1 Public Improvement Facilities and Services ............................ 16 6.2 Reservation and Dedications of Land ................................. 17 6.3 Focused Traffic Study ............................................. 17 6.4 Payment of Fees .................................................. 17 6.4.1 Transportation System Improvement Program (TSIP): [This section reserved] ....................................... 17 6.4.2 Fire Protection Facilities: [This section reserved] ....................................... 17 6.4.3 Capital Facilities: [This section reserved] ....................................... 17 6.4.4 Shortfall Fee: [This section reserved] ....................................... 17 7. TAXES, ASSESSMENTS, ENCUMBRANCES AND LIENS ................... 17 7.1 Taxes, Assessments, Encumbrances, and Liens ......................... 17 3hmdpt.agm 2 �588 4738GO 8. INSURANCE..........................................................18 8.1 Insurance.......................................................18 8.1.1 Compensation Insurance ..................................... 18 8.1.2 Public Liability and Property Damage Insurance .................. 18 8.2 Evidence of Insurance ............................................. 18 9. ANNUAL REVIEW....................................................18 9.1 City and Developer Responsibilities .................................. 18 9.2 Information to be Provided Developer ................................. 19 9.3 Findings........................................................19 9.4 Failure of Annual Review .......................................... 19 9.5 Periodic Review/Progress Reports .................................... 19 10. ESTOPPEL CERTIFICATES ............................................. 19 10.1 Estoppel Certificates .............................................. 19 11. ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION ........... 20 11.1 General Provisions ................................................ 20 11.1.1 Option to Institute Legal Proceedings or to Terminate .............. 20 11.1.2 Notice of Termination ....................................... 20 11.1.3 Waiver...................................................21 11.2 Enforced Delay, Extension of Time of Performance ...................... 21 11.3 Institution of Legal Action .......................................... 21 11.4 Remedies Available to Developer .................................... 21 11.5 Remedies Available to City ......................................... 22 12. ENCUMBRANCES AND RELEASES ON REAL PROPERTY: ................. 22 12.1 Discretion to Encumber ............................................ 22 12.2 Entitlement to Written Notice of Default ............................... 23 12.3 Property Subject to Pro Rata Claims .................................. 23 13. MISCELLANEOUS PROVISIONS ........................................ 23 13.1 Rules of Construction ............................................. 23 13.2 No Third Party Beneficiaries ........................................ 23 13.3 Third Party Fees/Administrative Costs: [This section reserved] ............ 23 13.4 Project is a Private Undertaking ..................................... 23 13.5 Incorporation of Recitals ........................................... 23 13.6 Restrictions.....................................................24 13.7 Recording.......................................................24 13.8 Severability.....................................................24 13.9 Entire Agreement, Waivers and Amendments ........................... 24 3hmdpt.agm 3 473800 DEVELOPMENT AGREEMENT THIS DEV LOPMENT AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this day of I , 1996, by and among the CITY OF LA QUINTA, a municipal corporation (the "City"), HOME DEPOT U.S.A., INC., a Delaware corporation ("Developer"), and CREDIT SUISSE LEASING 92A, L.P., a Delaware limited partnership ("Owner"). City, Developer and Owner are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties". RECITALS This Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 through 65869.5 (the "Development Agreement Statute") which authorized City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property and for the purpose of establishing certainty for both the City and the Developer in the development process. B. The City is a general law city located in the County of Riverside, State of California. The City enters into this Agreement pursuant to the authority granted by the Development Agreement Statute and the La Quinta Municipal Code Sections 9.250.010, et seq. C. Credit Suisse Leasing 92A, L.P. is the owner in fee in certain real property located in the City of La Quinta (the "Project Site") which is designated in Exhibit "A", attached hereto and incorporated herein. The Project Site consists of approximately 20 acres and is located on the northwest side of Highway 111. The Legal Description for the property depicted in the Project Site (the "Property") is set out in Exhibit "B" attached hereto and incorporated herein by this reference. Owner and Developer warrant and represent to the City that the Owner and Developer have the full power and authority to enter into this Agreement, that all authorizations required to make this Agreement binding upon the Owner and Developer have been obtained and that each person executing this Agreement on behalf of Owner and Developer has been fully authorized to do so by Owner and Developer. D. The Parties desire to enter into this Agreement relating to the Property in conformance with the Development Agreement Statute, City Municipal Code and applicable City rules, regulations and official policies to achieve the development of the Project (as defined in Section 1.15 of this Agreement) as permitted under Section 5 of this Agreement and to provide, improve, construct, dedicate, convey or contribute toward certain public services, facilities, lands and infrastructure improvements pursuant to Section 6 herein (the "Public Improvements"), all in the promotion of the health, safety and general welfare of the City. 3hmdpt.agm I 473860 E. Owner and Developer wish to develop the Project and the Public Improvements in exchange for the assurances herein provided from City that Developer will be permitted to implement such development in accordance with the terms and conditions set forth in this Agreement including but not limited to the "Developer Leasehold Agreement" which is set out in Exhibit "C" attached hereto and incorporated herein by this reference. F. City wishes to ensure the provision of the Public Improvements and desires to use this Agreement, including the "Developer Leasehold Agreement" (Exhibit "C") and the development rights and entitlements granted herein and pursuant hereto to achieve enhanced and accelerated levels of said Public Improvements. G. It is the intent of the Parties that on execution of this Agreement, Developer shall be obligated to complete the Public Improvements in the manner set forth herein and that Developer will be entitled to proceed with the Project subject to the approved Specific Plan No. 96-027 and Conditional Use Permit No. 96-028 attached hereto and incorporated herein as Exhibit "D" and "E", respectively, (the "Development Approvals") in accordance with this Agreement and with City's rules, regulations and official policies governing permitted uses, density, design, improvement and construction standards and specifications in force on the effective date of this Agreement. H. The Parties acknowledge that the Project, which will be built in two (2) phases of several years each, will cause adverse impacts on City's traffic conditions and on levels of public services and facilities within City, and that City has imposed mitigation measures pursuant to the Mitigated Negative Declaration approved by City on September 17, 1996 as a condition to issuing Development Approvals in connection with the development of the Project in order to mitigate such impacts. I. In order for both City and Developer to achieve their respective objectives, it is necessary that each be as certain as possible that Developer will develop and that City will permit Developer to develop the Project and to construct or contribute to the construction of the Public Improvements as set forth in Exhibit "C" and the terms of this Agreement as approved by City within the time frames set forth in this Agreement. J. City and Developer will use their best efforts to assure each other that all applications for and approvals of grading permits, building permits or other Development Approvals necessary for Developer to develop the Project in accordance with this Agreement are sought and processed in a timely manner. K. On November 26, 1996, the Planning Commission of the City of La Quinta (the "Planning Commission"), after giving notice pursuant to Government Code Sections 65854, 65854.5 and 65866 held a public hearing on Developer's application for this Agreement. On December 3, 1996, the City Council of the City of La Quinta ("City Council"), after providing public notice as required by law, similarly held a public hearing to consider Developer's application for this Agreement. Amdpt.agm 2 4738GO L. The Planning Commission and the City Council have found that the Agreement is consistent with the General Plan and all other applicable plans, rules, regulations and official policies of the City of La Quinta. M. In accordance with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq., ("CEQA"), appropriate studies, analysis, reports or documents were prepared and considered by the Planning Commission and the City Council. The City Council, after making appropriate findings, certified, by Resolution No. 96-71 adopted on September 17, 1996 a Mitigated Negative Declaration for the Project in compliance with CEQA. (Resolution No. 96-71, dated September 17, 1996. On September 17, 1996, the City Council found that the Mitigated Negative Declaration remains adequate to address all potential environmental impacts as the project is identical to the project as described in the Specific Plan (Exhibit "D"). N. On December 3, 1996 , the City Council adopted Ordinance No. 292 approving this Agreement with Developer. The Ordinance takes effect on January 16, 1997 DEFINITIONS: In this Agreement, unless the context otherwise requires: 1.1 Authorizing Ordinance: "Authorizing Ordinance" means Ordinance No. 292 approving this Agreement. 1.2 City: "City" means the City of La Quinta, a general law city and municipal corporation duly organized and existing under the laws of the State of California. The "City" also means the geographic area within the boundaries of the City. 1.3 Conditional Use Permit (CUP): "Conditional Use Permit" or "CUP" means Conditional Use Permit No. 96-028 recommended for approval by the Planning Commission at its meeting of August 13, 1996 and approved by the City Council at its meeting on September 17, 1996. 1.4 Developer: "Developer" means Home Depot U.S.A., Inc. which shall develop and operate the Property as described in Section 3.1 for the Owner and includes the Developer's successors in interest pursuant to the terms of Section 3.3 of this Agreement: 1.5 Development: "Development" or "development" means the improvement of the Property for purposes of constructing the structures, improvements and facilities comprising the Project and the Public Improvements as set forth in this Agreement, including, without limitation: grading, the construction of infrastructure and public facilities relating to the Project and the Public Improvements whether located within or outside the Property; the construction of any structure; and the installation of landscaping. 1.6 Development Agreement Statute: "Development Agreement Statute" means California Government Code Sections 65864 through 65869.5 as it exists on the date of the execution of this Agreement. 3hmdpt.agm 473860 1.7 Development Approval(s) or Approval(: "Development Approval(s)" or "Approval(s)" means site specific plans, maps, permits and other land use entitlement of every kind and nature approved or granted by City in connection with the development of the Property and consistent with this Agreement, including, but not limited to: site plans, tentative and final subdivision tract maps, vesting tentative maps, parcel maps, conditional use permits, and grading, building and other similar permits, maps, plans, licenses and entitlements. To the extent any such site specific plans, maps, permits and entitlements are amended from time to time, "Development Approvals" or "Approvals" shall include, if the Parties agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended, the "Development Approvals" shall include such amendment only if and to the extent that this Agreement is so amended. 1.8 Effective Date: "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.9 Existing Rules: "Existing Rules" means those rules, regulations and official policies as defined in Section 5.4 of this Agreement. 1.10 Final Development Plan: "Final Development Plan" means a final set of complete working drawings for each building to be constructed on the Property, approved by City through the building plan check phase in City's development approval process. 1.11 General Plan: "General Plan" means the General Plan of City. 1.12 Mitigated Negative Declaration: "Mitigated Negative Declaration" means that environmental review approved and adopted on September 17, 1996 and mitigated negative declaration in conjunction with the Specific Plan No. 96-027 for this Project. 1.13 Owner: "Owner means Credit Suisse Leasing 92A, L.P., a Delaware limited partnership. 1.14 Phase I: "Phase I" means Phase I of the Project as defined in Section 5.4.1 of this Agreement. 1.15 Phase II: "Phase II" means Phase II of the Project as defined in Section 5.4.1 of this Agreement. 1.16 Project: "Project" means the development of the Home Depot store and adjacent commercial uses consisting of a total of approximately 216,802 square feet of gross floor area for commercial/retail uses, containing more than sufficient parking spaces to comply with City parking standards in conformance with the terms and limitations of this Agreement and as more particularly represented in the Site Plan attached hereto as Exhibit "A" the development of which shall include all mitigation measures imposed as part of the CEQA review process and as conditions to the issuance of Development Approvals, including, but not limited to the Specific Plan and Conditional Use Permit consistent with this Agreement. 3hmdpt.agm 4 4738GO 1.17 Project Site: "Project Site" means the real property on which the Project will be developed consisting of approximately 20 acres as designated in Exhibit "A". 1.18 Public Improvements: "Public Improvements" means those certain lands, facilities and services to be improved, constructed, dedicated, conveyed or provided and amounts to be paid by Developer to the public pursuant to Section 6 and the Developer Lease Agreement (Exhibit "C" of this Agreement). 2. EXHIBITS: The following documents are referred to in this Agreement, and attached hereto and are incorporated herein as though set forth in full: Exhibit Desi nation Description A. Project Site B. Property Description C. Developer Lease Agreement D. Specific Plan E. Conditional Use Permit 3. GENERAL PROVISIONS: 3.1 Properteject to the Agreement: The real property which is the subject of this Agreement (the "Property") is approximately 20 acres. It will be developed in two phases as shown on the Project Site (Exhibit "A"). Phase I has approximately 11.64 acres and Phase II has approximately 8.68 acres. 3.2 Duration of Agreement: The term of this Agreement shall be 13 years, commencing upon the effective date of Ordinance No. 292 approving this Agreement and authorizing its execution and shall expire on January 17, 2009, unless otherwise terminated, modified or extended by written mutual agreement pursuant to the terms of this Agreement. Following the expiration of the term of this Agreement, this Agreement shall be deemed to be terminated without the need for further documentation from the Parties. The expiration or termination of this Agreement shall not affect the right conferred or duty imposed by Development Approvals for the Project which were approved prior to, concurrently with or subsequent to the approval of this Agreement. 3.3 Assignment: The rights, interest and obligations of Developer under this Agreement may be transferred or assigned, only in accordance with the terms of Section 3.3.1 or Section 3.3.2 as set forth hereinbelow. Any such transfer or assignment may be made only together with and as an incident of the transfer, assignment, financing, sale or lease of all or a portion of the Project Site. During the term of this Agreement and as provided in Section 3.10, any transferee or assignee shall be bound by this Agreement and shall observe and perform all of the duties and obligations of Developer and shall have all of the same rights, benefits and interests of Developer contained herein as such duties, obligations, rights, benefits and interests pertain to the portion of the Project Site so transferred or assigned. City shall have no duty or obligation of any kind or nature to maintain a record of such transfers or assignments of all or any portion of the Project Site or the concomitant Rmdpt.agm 5 '588 4738G0 duties, obligations, rights, benefits or interests relating thereto or to notify or advise prospective or actual transferees or assignees or others of such assignments or the resulting allocations of duties, obligations, rights, benefits or interests under this Agreement with respect to the Project Site or portion thereof. The Parties agree that the notice and hearing procedures of the Development Agreement Statute shall not apply to the transfer or assignment of all or any portion of this Agreement which is accomplished in conformity with Section 3.3.1 or Section 3.3.2. Any attempt to assign or transfer any right, interest or obligation in this Agreement except in strict compliance with Section 3.3.1 or 3.3.2, shall be null and void and of no force and effect. 3.3.1 Assignment Without Notice to City. Notwithstanding the foregoing, Developer shall have no obligation to deliver notice to City or obtain City's prior written consent in connection with any conveyance or transfer to a bank, financial institution or other institutional lender for security purposes, or a trustee(s) under one or more deeds of trust, of an equitable or legal interest in the Project, the Project Site or any portion thereof, whether such conveyance or transfer is accomplished by means of a deed(s) of trust, security agreement(s) and/or other instrument(s). 3.3.2 Assignment Upon Notice to City: Developer shall have the right to assign its duties, obligations, rights, benefits and interests under this Agreement pursuant to this Section 3.3.2 by obtaining City's prior written consent. In order to obtain City's consent, Developer shall deliver to City a notice at least thirty (30) days prior to any such proposed assignment or transfer. City may review the financial strength and stability and development capability and experience of the proposed transferee or assignee to determine whether such transferee or assignee provides adequate security to satisfy the duties and obligations under this Agreement as they pertain to the portion of the Project Site proposed to be so transferred or assigned. Both parties understand that City approval is dependent upon a showing to the satisfaction of the City that a proposed assignee for the Phase I portion of the Site shall generate sale revenues equal to or greater than Developer's. Phase II approval is dependent upon a showing to the satisfaction of the City that a proposed assignee shall develop commercial/retail pursuant to the Specific Plan. Based upon said review, City shall not unreasonably withhold its consent to the proposed transfer or assignment. Failure by City to deny or consent to a proposed transfer or assignment pursuant to this Section 3.3.2 within thirty (30) days after receiving notice by Developer shall be deemed to constitute consent unless such period is extended by consent of the Developer. Following any transfer or assignment made in strict compliance with the terms of this Section 3.3.2, and upon the express assumption by such approved assignee of the applicable duties and obligations of Developer under this Agreement, Developer shall be relieved of and from further liability or responsibility for the obligations arising under this Agreement as they directly pertain to the portion of the Project Site so transferred or assigned so long as such obligations do not pertain to other portions of the Project Site; provided, however, that the Developer shall not be relieved of such liability or responsibility in the event the Developer is in default after notice and lapse of any applicable cure period of any of the terms of this Agreement. Amdpt.agm 6 4738G0 3.4 Amendment or Cancellation of Agreement: This Agreement may be amended, or cancelled in whole or in part, by the mutual consent of the Parties, or their successors or assigns designated in accordance with Section 3.3, and the adoption of an ordinance in accordance with Government Code Sections 65867, 65867.5 and 65868, and the La Quinta Municipal Code Section 9.250.030. All amendments to this Agreement must be in writing signed by the appropriate authorities of City and Developer or their authorized successors or assigns, in a form suitable for recording in the Office of the Recorder, County of Riverside. 3.5 Implementation Memoranda; Amendment to Developer Lease Agreement: The Parties acknowledge that from time to time it may be in the mutual interest of the Parties that certain details relative to performance be refined. Therefore, to the extent allowable by law, the Parties retain a certain degree of flexibility with respect to those provisions covered in general under this Agreement which do not relate to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, development of public improvement or monetary contributions by Developer or any conditions or covenants relating to the use of the Property. When and if the Parties find it necessary or appropriate to make changes or adjustments to such provisions, they shall effectuate changes or adjustments through implementation memoranda in recordable form approved by the Parties in writing which reference this Section 3.5. Upon report to and approval by the City Council, the City Manager or his designee shall have the authority to approve the implementation memoranda pursuant to this Section on behalf of City. No implementation memoranda shall require notice or hearing or shall be deemed to constitute an amendment to this Agreement. Similarly, any amendments to the Developer Lease Agreement (Exhibit "C") which would meet the same criteria as the implementation memoranda set forth in this Section shall additionally not require notice, hearing or be deemed to constitute an amendment to this Agreement. The term "this Agreement" or "Development Agreement" herein shall include any amendment properly approved and executed pursuant to Section 3.4 and any changes or adjustments by implementation memoranda as set forth in this Section 3.5. 3.6 Unforeseen Circumstances: These provisions provide a mechanism for the identification of those circumstances which justify the modification, termination or suspension of this Agreement. If, as a result of facts, events or circumstances presently unknown, unforeseeable and which could not have been known to or foreseen by the Parties to this Agreement, City after ten (10) days' written notice to Developer determines that the health and safety of City require the modification, suspension or termination of this Agreement, City shall (a) notify Developer in writing of City's determination and the reasons therefor and all facts upon which such reasons are based; (b) forward to Developer, a minimum of ten (10) days prior to the hearing, all documents relating to such determination and reasons therefor; (c) notify Developer, in writing, at least fourteen (14) days prior to the date, the time and place of the hearing; and (d) hold a hearing on the determination at which hearing Developer shall have the right to offer witnesses, reports and oral and written testimony, and further have the right to examine witnesses, City staff or other persons. The hearing 3hmdpt.agm 7 5358V 4'738GO may be continued from time to time as may be deemed appropriate by City. City shall have the obligation, based upon clear and convincing evidence, of establishing that: (i) the circumstances were unknown, unforeseeable and could not have been known to or foreseen by City; (ii) the health and safety of the community require the suspension, modification or termination of this Agreement as opposed to any other alternative; and (iii) City, to the extent feasible, has provided Developer with an equitable program to reimburse to Developer unused fees, and provided equitable reimbursement for dedications or improvements not required by the extent of development as of the date of such suspension, modification or termination. In the event the City Council should fail to make such findings then this Agreement shall not be so terminated, modified or suspended at such time. The unforeseen circumstances which shall cause the operation of this provision shall not be the result of changes in state or federal law. In the event of changes in state or federal law, the provisions of Section 4.2.3 shall govern. 3.7 Enforcement of Agreement: Subject to revisions, amendments or cancellation as provided in Sections 3.4, 3.5 or 3.6, this Agreement is enforceable by any Party or its successors and assigns designated in accordance with Section 3.3, notwithstanding a change in the General Plan, applicable specific plans, zoning, subdivision or building regulations adopted by City which alter or amend the Existing Rules, except as provided in Section 4.2. This Agreement shall not prevent the city from denying or conditionally approving any subsequent development project application by a third party not a successor -in -interest pursuant to Section 3.3 hereto on the basis of such existing or new rules, regulations and policies. 3.8 Hold Harmless: Developer agrees to and shall defend, indemnify and hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Developer or those of its contractors, subcontractors, agents, employees or other persons acting on its behalf which relate to the Project. Developer agrees to and shall defend, indemnify and hold harmless City and its officers, agents, employees and representatives from actions and claims for damages caused or alleged to have been caused by reason of Developer's activities on the Property or otherwise in connection with the Project. Notwithstanding the foregoing, indemnity provided herein shall not apply if such damage or claim arises solely from City's intentional acts that are outside the permissible exercise of its police powers and is not caused or contributed to, or participated in by the Developer. Without limitation to the remainder of this Section 3.8, this Section 3.8 applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this Section 3.8, regardless of whether or not City prepared, supplied or approved plans or specifications, or both, for the Project. The Developer further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action by a third party challenging the validity, applicability or interpretation of this Agreement. 3hmdpt.agm 3.9 Binding Effect of Agreement: The provisions of this Agreement shall constitute covenants which shall run with the land and, subject to the provisions of Section 3.3, the burdens of this Agreement shall bind and the benefits of this Agreement shall inure to the Parties' successors and assigns. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project or the Project Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Property. 3,10 Relationship of Parties: It is understood that the contractual relationship between City and Developer is such that Developer is a independent contractor and not an agent, joint venturer or partner of or with City. 3.11 Notices: All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Notices required to be given to Developer and Owner shall be addressed as follows: Home Depot U.S.A., Inc. 601 S. Placentia Fullerton, CA 92831 Attention: Legal Department A Party may change its address by giving notice in writing to the other Party. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery or, if mailed, five (5) business days following deposit in the United States mail. 4. REGULATION OF DEVELOPMENT: 4.1 Rules, Regulations. Official policies "Existing Rules"): City rules, regulations, ordinances, laws, the General Plan and applicable specific plans, and official policies governing permitted uses, density, design, improvement, and construction standards and specifications for development of the Property pursuant to this Agreement (herein called the "Existing Rules") shall be those in force and effect as of the Effective Date. Developer shall in conformity with the terms of this Agreement prepare and obtain approval by the City of the Final Development Plan for each building to be constructed on the Property. Any Development Approvals, including the Final Development Plans and subdivision map(s) for the Project, shall be in conformity with this Agreement and the City shall not impose conditions of approval of such Approvals in conflict with 3hmdpt.agm 9 30588 4'738(;a the terms herein. Upon approval by City, the Final Development Plan for each building and other Development Approvals shall constitute and become a part of the Existing Rules and the Developer shall comply with the Final Development Plans and all future Development Approvals as part of the Project. 4.2 Limitations. Reservations and Exceptions ("Reservations of Authority"): Notwithstanding anything to the contrary set forth in Section 4.1 hereinabove, in addition to the Existing Rules, the following rules, regulations and official policies adopted by City hereafter or by the state or federal government as provided in Section 4.3 (collectively referred to herein as "Reservations of Authority") shall apply to and govern the development of the Property: 4.2.1 Application of Subsequently Enacted Rules Regulations and Official Policies: City may, hereafter, during the term of this Agreement apply such subsequently enacted or modified rules, regulations, ordinances, laws, general or specific plans, and official policies which are not in conflict with those in effect on the Effective Date and application of which would not prevent delay or make infeasible development in accordance with Section 5. 4.2.2 Application of Subsequently Revised or Adopted Fees and/or Improvement Standards: City fees, including without limitation, application fees, processing fees, utility connection fees, inspection fees, and development impact or similar type fees, and improvement standards as set forth in City's subdivision regulations and construction standards and specifications that are revised during the term of this Agreement shall apply to the development of the Property pursuant to this Agreement provided that: (1) such fees, standards and specifications apply to substantially all public works and/or development proposals within City and (2) their application to the Property is prospective only as to applications for building and other development permits or approvals of tentative subdivision maps not yet accepted for processing. 4.2.3 State and Federal Laws. Regulations and Decisions: Existing and future state and federal laws, regulations and decisions, together with city laws, regulations, plans, policies, programs and actions, or inaction, specifically mandated and required by changes in state or federal laws, regulations or decisions (subject to any "grandfather" provisions which the City, if it has the discretion to do so, determines are applicable to the Project and this Agreement) are controlling shall apply to the development of the Property pursuant to the following provisions: a. Notice and Copies: In the event that existing state or federal laws, regulations or decisions or such laws, regulations or decisions enacted or adjudicated after the Effective Date or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with any provision of this Agreement or require changes in any Development Approvals or programs or actions of City, each Party with knowledge of the same shall provide the other Party with: (1) written notice of such state or federal restriction; (2) a copy of such law, regulation or decision, and (3) a statement of conflict with the provisions of this Agreement or Approvals, programs or actions and of the proposed course of action of the Party giving the notice to modify or suspend this Agreement, Approvals, programs or action as may be necessary to comply with such state or federal laws, regulations or decisions. 3hmdpt.agm 10 90588 4'738G0 b. Modification Conference: The Parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement, Approvals, programs or actions if necessary to comply with such federal or state law, regulation or decision. C. Council Hearings: Regardless of whether the Parties reach an agreement on the effect of such federal or state law regulation or decision upon this Agreement, Approvals, programs or actions, the matter shall be scheduled for a hearing before the City Council: Ten (10) days' written notice of such hearing shall be given, pursuant to Government Code Section 65854.5 and La Quinta Municipal Code Section 9.250.030C.15. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Developer, at the hearing, shall have the right to offer oral and written testimony. Any modification or suspension shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the City Council. Any suspension or modification may be subject to judicial review in conformance with Section 11.3 of this Agreement. In the event of such modification or suspension pursuant to Section 4.2.5, only, this Agreement shall remain in full force and effect to the extent that performance of the remaining provisions would not materially adversely affect the economic feasibility of the Project. In the event that upon such modification or suspension pursuant to Section 4.2.3, only, the performance of the remaining provisions would materially adversely affect the economic feasibility of the Project, this Agreement shall be deemed terminated. 4.2.4 Public Health and Safety: Rules, regulations and official policies which are adopted by City, which may be in conflict with the Existing Rules and the application of which to the development of the Property is reasonably necessary in order to protect the public health and safety shall apply to the development of the property subject to the provisions of Section 3.6. 4.2.5 Future Discretionary Reviews: City shall retain its discretionary powers in reviewing applications for future Development Approvals not yet granted as of the Effective Date, provided that the reviews be applied in a manner that is consistent with this Agreement and the Existing Rules and provided future discretionary approvals or conditions do not conflict with the development of the Project or the land uses, densities or intensities of use, or other matters permitted by this Agreement. Except as provided herein, future discretionary approvals, including, but not limited to, rezonings, tentative and parcel map approvals, plot plans and plan development approvals, shall be consistent with the Existing Rules and the goals identified in applicable plans, City ordinances, resolutions and policies regulating the use of land in effect on the Effective Date. City shall not impose conditions upon future discretionary reviews or approvals which conflict with this Agreement. City may, in accordance with the limitations contained in Public Resources Code Section 21166 and as may be authorized by the Existing Rules, conduct an environmental review of future discretionary approvals in connection with the development of the Project and/or the Public improvements. The City may, as a result of such review and as may be authorized by law pursuant to such Section 21166, impose additional mitigation measures to mitigate significant adverse environmental effects. 3hmdpt.agm 11 90588 4'738GO 4.2.6 Full Extent of Law: The Parties acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the foregoing limitation, reservations and exceptions are intended to reserve to City all of its police power which cannot be so limited. Notwithstanding the foregoing, this Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority which cannot be restricted by contract. 4.3 Assurances to Developer Regarding Exercise of Reservations of Authority. 4.3.1 Adoption of General Plan and Preliminary Development Plans: Further Approvals and CEQA Compliance: In preparing and/or adopting the General Plan, Preliminary Development Plans and this Development Agreement, and in granting the existing Development Approvals, City considered the health, safety and welfare of the existing and future residents and populations of City and prepared in this regard, including the General Plan EIR No. 91122013, dated October 16, 1992, State Clearinghouse No. 91122013, as well as traffic impact reports and other studies. City and Developer agree that EIR No. 91,122013 and the obligations of Developer under this Agreement to incorporate mitigation measures as part of the Project pursuant to Mitigated Negative Declaration No. 96-325 constitute full and complete mitigation of any identified adverse environmental impacts generated by the Project. City and Developer acknowledge that further environmental studies, analyses, reports and documents may be required in connection with future Development Approvals as provided in Section 4.2.5. It is acknowledged that this Agreement provides assurances to Developer with respect to the Existing Rules which will apply to the development of the Property and that prior to and as a condition precedent to construction of any portion of the Project or Public Improvements, all government permits and approvals shall be obtained as required by the Existing Rules and the rules and regulations adopted, in accordance with and as provided in Section 4.2, and all environmental studies, analyses, reports and other documents shall be prepared and completed therefor in full and strict compliance with CEQA and other applicable regulations. 4.3.2 Administrative Findings and Burden of Proof: a. City Findings and Determinations: As a condition precedent to adopting any rule, regulation or official policy or taking any action requiring the action or approval of the City Council which would be applicable to the Project pursuant to the provisions of Section 4.2 and which is in conflict with the Existing Rules, after providing Developer with ten (10) days notice prior to the hearing and an opportunity to be heard, City shall make specific findings and determinations as to the basis for applying such rules, regulations or official policies to the development of the Property in accordance with Section 4.2. b. Developer's Burden of Proof: As a condition precedent to any claim by Developer that a proposed rule, regulation or official policy does not comply with the Reservations of Authority and, therefore, cannot be applied to and govern the development of the Property (whether in a judicial proceeding or otherwise), Developer shall, provided that Developer has received notice as provided pursuant to Section 4.3.2(a) raise the claim no later than the time at 3hmdpt.agm 12 473,9'G0 which application of the proposed rule, regulation or official policy is considered and shall present all information then in its possession upon which it shall rely or present in any judicial proceeding, including, but not limited to, information regarding Developer's reasonable economic expectations with respect to the completion of the Project in accordance with the Existing Rules taking into consideration technical, financing, market and other factors and, in addition, shall provide at such time any further information regarding Developer's economic expectations reasonably requested by City. In the event that the proposed rule, regulation or official policy is of a kind that is not heard by or appealable to the City Council and provided that. Developer is given reasonable prior written notice, as a condition precedent to any such claim, Developer shall raise the claim and provide the above information as a protest to the agent or representative of City promulgating or applying the proposed regulation or official policy. 4.4 Vested Rights: Developer is provided and assured the vested right to develop the Property in accordance with the terms of this Agreement and, subject to the provisions of Section 4.2, to require that the rules, regulations and official policies of City applicable to and governing the development approval process relating to the Project during the term hereof shall be as provided in Section 4.1. 4.5 Referenda and Moratorium: It is the express intent of City and Developer that as of the date of this Agreement, this Agreement is a legally binding contract which shall, to the extent permitted by law, prevail over the provisions of any subsequently enacted moratorium, statute, ordinance, limitation, or other measure, whether or not enacted by City, or by voter initiative or referendum, and whether or not such initiative, moratorium, referendum, statute, ordinance, limitation, or other measure relates, in whole or in part, to the rate, timing, sequencing, or phasing of the development or construction of all or part of the Project or the Public Improvements or affecting parcel or subdivision maps, building permits, occupancy certificates, or other entitlements to use the Property which are issued by City, subject only to the Reservations of Authority provided in Section 4.2 and the terms of this Agreement. In the event an initiative measure is enacted subsequent to the effective date of this Development Agreement that would otherwise modify the development rights vested pursuant to this Development Agreement, Developer reserves the right to challenge any such initiative in a court of law should it become necessary to protect the development rights vested in the Developer pursuant to the terms and conditions of this Development Agreement. Should an initiative measure or measures be enacted which would preclude construction of all or by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, Developer shall have no recourse against City for any damage Developer might sustain as a result thereof, except City shall provide for an equitable program to reimburse Developer for unused fees and for an equitable reimbursement for Public Improvements or fees theretofore made but not required by the extent of development as of the date of the enactment of such initiative. 5. DEVELOPMENT OF THE PROPERTY: 5.1 Permitted Uses: Except as provided herein, the Property shall be used and developed only for commercial retail and restaurant uses, parking and municipal purposes as described in Exhibit "A" (the "Site Plan") and more particularly set forth in the Specific Plan (Exhibit "D") and Amdpt.agm 13 9101588 47385O Conditional Use Permit (Exhibit "E") submitted by Developer which have received review by the appropriate committees and commissions and been approved by the City Council. The Property may also be used and developed as additionally authorized by the Specific Plan, Conditional Use Permit and other Development Approvals governing the development of the Property, including without limitation, tentative/final subdivision maps, permits or ordinances prepared as part of the development approval process as required by the Existing Rules and by amendments, if any, hereafter entered into in accordance with Section 3.4 relating to the amendment of this Agreement. 5.2 Home Depot Buildings: Phase I consists of an approximately 105,700 square foot Home Depot store with an approximately 24,102 square foot garden center. Phase II shall have an additional approximately 87,000 square foot of commercial/retail use (including some restaurant use). 5.3 Permitted Density, Height and Size of Development: The maximum density or level of intensity, height and size of the buildings to be constructed on the Property shall be governed by this Agreement and by Development Approvals or other regulatory devices subject to the limitations set forth in Table 1 hereinbelow. The Home Depot building shall be constructed on the Property as designated on the Site Plan attached hereto as Exhibit "A". The Home Depot building shall be a maximum of 35 feet in height (except for the entry tower at 41 feet in height) and shall contain approximately 105,700 square feet of gross floor area. The gross floor area of each of the additional commercial buildings to be constructed on the Property shall be subject to a permitted variation of ten percent (10%) such that each building may equal but may not exceed its maximum size or be less than its minimum size as set forth in Table 1 and provided further that the maximum total permitted square footage of the gross floor area of building space (including the outdoor garden center) of that portion of the Project located on the Property shall not exceed 216,802 square feet. Developer shall also construct parking on the Property containing approximately 1,146 parking stalls; provided however, that the total number of parking stalls required shall comply with City parking standards applicable to the buildings constructed on the Property. The total gross floor area (G.F.A.) in the commercial/retail uses in the Project shall not exceed 216,802 square feet (including the Home Depot outdoor garden center). TABLE 1 Description of Structure Maximum Square Footage G.F.A. Maximum Height stories/ft. Home Depot (including outdoor garden center) 129,802 1 story/41 feet Other Commercial buildings 87,000 50 feet in height 22 feet within 150 feet of Highway 111 5.3.1 Site Development Requirements Which Exceed Standard Development Requirement. Certain requirements for this Project exceed the City 's standard development requirements including but not limited to: 3hmdpt.agm 14 4738GO 90588 Eight foot high split face block wall at rear property line instead of six foot. 2. A five foot wide planter at rear property line planted with 36" box size trees at 25' on center. Twenty-five foot height limitation on parking lot light standards. 4. Reduced size of the monument sign on Jefferson Street. 5. Provision of an easement for the City entry sign. 6. Additional interior landscaping adjoining Highway 111. 7. Additional parking spaces. A special landscape buffer of loading dock to screen view from Vista Grande. 5.4 Phasing of Construction and Completion of Project: 5.4.1 Phasing of Construction: the Project shall be developed in two (2) phases in accordance with the time frames set forth herein. Phase I shall consist of a Home Depot Building and garden center and adjacent parking with approximately 650 parking stalls as designated on the Site Plan attached hereto as Exhibit A. The total square footage in Phase I shall be approximately 105,700 square feet for the Home Depot Building and approximately 24,102 square feet for the garden center subject to the variations provided for in Section 5.3, above. The Home Depot Building and garden center shall be a total of approximately 129,802 square feet subject to the variations provided for in Section 5.3 above. Developer shall construct or contribute to the construction of the Public Improvements connected with Phase I as set forth in and in accordance with Exhibit "D" and the terms of this Agreement prior to the occupancy of the first building in Phase 1, except to the extent that another time for the performance of such condition is explicitly set forth in this Agreement. Failure to comply with such conditions precedent to Phase I pursuant hereto prior to the occupancy of the first building on the Project Site shall constitute a default of this Agreement by Developer. It is expected that Phase I will be completed by August 31, 1997. Phase II of the Project shall consist of commercial/retail buildings (including some restaurant use) and associated parking with 496 stalls as designated in Exhibit "A". Phase II shall have a total of approximately 87,000 square feet. 5.4.2. Developer: Developer agrees to exercise due diligence and submit to City applications for all such necessary permits and approvals in accordance with applicable City procedures and Existing Rules. 3hmdpt.agm 15 Q0588 4'738GO 5.4.3 C&: City hereby agrees that it will accept from Developer for processing and review all applications for Development Approvals for the use of the Property in accordance with this Agreement, providing that said applications are submitted in accordance with this Agreement and the Existing Rules. 5.4.4 Completion of Project: Developer agrees to diligently prosecute to completion the construction of the Project and to complete construction of Phase I and to commence construction of the last building in Phase II within the term of this Agreement subject to any such extensions as may hereafter become applicable in accordance with the provisions of this Agreement. Improvements scheduling, dates, or times of performance by either Party hereto may be subject to revision from time to time due to factors which cannot be predicted and which are not within the control of the Parties, such as economic market conditions and demand, interest rates and competition. Any such revision must be mutually agreed to by the Parties in writing referencing this Section 5.4.4 and in recordable form. Such revisions are deemed to be within the framework of this Agreement as presently drafted and executed and do not constitute amendments requiring new notice and hearing under local law. 6. . PUBLIC IMPROVEMENTS DEVELOPMENT PROGRAM 6.1 Public Improvement Facilities and Services: In addition to performing any other obligations imposed as conditions of approval of the Development Approvals, which obligations are incorporated herein by this reference, as material consideration for the City's entering into this Development Agreement, the Developer and its successors and assigns shall be financially responsible for and shall construct or shall contribute toward the construction of the Public Improvements as set forth in more particularity in the Developer Lease Agreement (Exhibit "C") and the terms of this Agreement and shall pay all fees required in connection with the development of the Project. The parties recognized that much of the Public Improvements to be constructed by the Developer pursuant to this Agreement and the Developer Lease Agreement including improvements to Highway 111, Jefferson Street and the Whitewater Channel are of significant benefit to the City as a whole and their early completion pursuant to this project would not be possible without assistance by the City pursuant to the terms of the Developer Lease Agreement ("Exhibit "C"). The Developer shall provide the Public Improvements and pay all fees and other amounts the payment of which is provided for pursuant to this Agreement in conformity with the timing for development of the Public Improvements set forth in this Agreement and the Developer Lease Agreement; such performance shall be required so long as this Agreement remains in effect without regard to whether the Developer is timely implementing the development of Project pursuant to this Agreement. Where this Agreement provides for the provision of Public Improvements by the Developer, the Developer may with the consent of the City Director of Public Works, discharge its obligation(s) to provide such Public Improvements by paying to the City an amount determined in good faith by the City Director of Public Works to represent the cost to provide such Public Improvements (including without limitation all construction costs, costs to design such Improvements, and costs for any property necessary for the completion of such Improvements, if applicable). Where this Agreement sets forth a specific time for the provision of Public Improvements or the payment of fees or other amounts, the Developer shall strictly comply with such requirements. Where a Public Improvement fee, or other amount is required pursuant to Existing 3hmdpt.agm 16 °1Q58£3 4738GO Rules and the terms of this Agreement to be paid at the time of issuance of building permits and a specific date is not set forth in this Agreement for the provision of such Public Improvements or payment of such fees or amounts, the Public Improvement, fee, or other amount shall be required to be provided at the time building permits are issued for the structure. 6.2 Reservation and Dedications of Land: Reservations or dedications of portions of the Property may from time to time, be required by the City in accordance with or as a part of subdivision map approvals, traffic and other required studies and/or environmental review. All reservations and dedications shall be without cost to the City and are to be imposed in accordance with this Agreement, the Developer Lease Agreement and the Existing Rules. 6.3 Focused Traffic Study: [this section reserved] 6.4 Payment of Fees: Developer agrees to pay all standard City-wide fees established in the Existing Rules and subject to Section 4.2.2, including without limitation, processing fees for building permits, administrative plan check and other similar fees associated with the development of the Project, at the rate in existence at the time said fees are normally required to be paid to City. The fees and other amounts shall be paid to City by Developer or its successors or assigns, at the time required in accordance with this Agreement and Existing Rules. Developer's obligation to pay such fees is separate and distinct from its obligation to construct or contribute toward the construction of the Public Improvements as specified in Exhibit "C"; in no event shall the payment of fees by the Developer pursuant to this Agreement be deemed to reduce or otherwise affect its obligation to finance, design and construct the Public Improvements, or contribute toward the provision thereof, as required by the terms of this Agreement and Exhibit "C". 6.4.1 Transportation System Improvement Program (TSIP�: [This section reserved] 6.4.2 Fire Protection Facilities: [This section reserved] 6.4.3 Capital Facilities: [This section reserved] 6.4.4 Shortfall Fee:. [This section reserved] 7. TAXES, ASSESSMENTS, ENCUMBRANCES AND LIENS: 7.1 Taxes, Assessments, Encumbrances, and Liens: The Developer shall pay when due all real and personal property taxes and assessments assessed and levied on the Property and any improvements thereon. Nothing herein contained shall be deemed to prohibit the Developer from contesting the validity or amounts of any tax, assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect thereto. 3hmdpt.agm 17 �U58� 4738G0 8. INSURANCE 8.1 Insurance: Before commencing work pursuant to any City approved permit on the Project, Developer shall obtain the insurance required pursuant to this Section and receive the approval of the City as to form, amount and carrier. Developer shall maintain the insurance at all times during the term of this Agreement. The insurance as provided by the Developer and by each contractor and subcontractor performing work on the Project shall be primary and not contributing with any coverage maintained by City and shall name City and its elective and appointive boards, commissions, officers, agents, employees and representatives as additional insureds. 8.1.1 Compensation Insurance: Developer shall maintain workers' compensation insurance for all persons employed at the site of the Project. Developer shall require each contractor and subcontractor similarly to provide workers' compensation insurance for their respective employees. 8.1.2 Public Liability and Property Damage Insurance: Developer shall maintain public liability insurance in an amount not less than Two Million Dollars ($2,000,000) for injuries (including death) to any one (1) person and subject to the same limit of any one (1) occurrence. 8.2 Evidence of Insurance: Developer shall furnish City prior to the issuance of the first building permit for the Project satisfactory evidence of the insurance required. Developer shall also provide evidence that the carrier is required to give City at least ten (10) days prior written notice of the cancellation or reduction in coverage of a policy. 9. ANNUAL REVIEW: 9.1 City and Developer Responsibilities: City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Developer with the terms of this Agreement. Pursuant to Government Code Section 65865.1 and La Quinta Municipal Code Section 9.250.03.0, Developer shall have the duty to demonstrate its good faith compliance with the terms of this Agreement at such annual review. Developer agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require and shall notify City in writing that such evidence is being submitted pursuant to the requirements of this Section 9.1. Such evidence shall be submitted to City by Developer not less than forty-five (45) days nor more than sixty (60) days prior to the anniversary of the recordation date of this Agreement. Developer shall pay to City a reasonable processing fee in an amount as the City may from time to time establish (on a citywide or area wide basis) on each occasion that Developer submits evidence for an annual review. Either Party may address any requirements of this Agreement during the annual review. However, ten (10) days' written notice of any requirement to be addressed shall be made by the requesting Party. If at time of review an issue not previously identified in writing is required to be addressed, the review at the request of either Party shall be continued to afford sufficient time for analysis and preparation. 3hmdpt.agm 18 9.2 Information to be Provided Developer: City shall deposit in the mail to Developer a copy of staff reports and exhibits thereto concerning contract performance a minimum of ten (10) calendar days prior to any such review or action upon this Agreement by the Planning Commission or the City Council. 9.3 Findinsis: Within forty-five (45) days after the submission of Developer's evidence, the City Council shall determine on the basis of substantial evidence, whether or not Developer has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that Developer has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that Developer has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, Developer shall be given at least sixty (60) days to cure such noncompliance and if the actions required to cure such noncompliance take more than sixty (60) days, then City shall give Developer additional time provided that Developer is diligently proceeding to cure such noncompliance and is making reasonable progress towards such end. If during the cure period Developer fails to cure such noncompliance or is not making reasonable process toward such end, then Developer shall, upon written notice from City, be deemed in default and the City Council may, at its discretion, proceed to terminate this Development Agreement (which will be effective immediately or, if the City elects, upon failure of the Developer to satisfy such additional requirements as the City may, at its discretion, impose) or establish a time schedule for compliance. 9.4 Failure of Annual Review: City's failure to review at least annually Developer's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by either Party as a breach by the other Party of this Agreement. 9.5 Periodic Review/Progress Reports: In addition to the annual review set forth in Section 9.1 herein, City Manager of City or the City Council may at any time initiate a review of this Development Agreement and of the progress of construction upon the giving of written notice thereof to Developer. Within sixty (60) days following receipt of such notice, Developer shall submit a progress report in such detail as City reasonably requests, including evidence to the City Council of Developer's good faith compliance with this Development Agreement. Such periodic review and determination shall proceed in the manner as otherwise provided in Section 9 of this Agreement. 10. ESTOPPEL CERTIFICATES: 10.1 Estoppel Certificates: Either Party may at any time, and from time to time, deliver written notice to the other Party requesting the other Party certify in writing that to the knowledge of the certifying Party: (a) This Agreement is in full force and effect and is a binding obligation of the Parties. (b) This Agreement has not been amended or modified and, if so amended, to identify the amendments. 3hmdpt.agm 19 gU588 473860 (c) No default in the performance of the requesting Party's obligations under this Agreement exist or, if in default, the nature and amount of any default. (d) Upon completion of the Project and the Public Improvements in accordance with the terms of this Agreement and the Developer Lease Agreement, that performance of this Agreement is complete and the obligations hereunder have been satisfied. A Party receiving a request hereunder shall execute and return the certificate within thirty (30) days following receipt thereof. The City Manager shall have the right to execute any certificates requested by Developer. on behalf of City. 11. ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION: 11.1 General Provisions: In the event of default or breach of this Agreement or of any of its terms or conditions, the Party alleging such default or breach shall give the breaching Party not less than thirty (30) days Notice of Default in writing which shall be delivered by certified mail. The time of notice shall be measured from the date deposited in the mail. The Notice of Default shall specify the nature of the alleged default, and, where appropriate, the manner in which said default may be satisfactorily cured. The breaching Parry shall be given at least thirty (30) days to cure such default and if the action required to cure such default take more than thirty (30) days, then the Party alleging such default shall give the defaulting party additional time provided that the defaulting Party is diligently proceeding to cure such default and is making reasonable progress towards such end. The times to cure set forth in this Section 11.1 shall not extend such times to cure as may become applicable pursuant to Section 9.3 of this Agreement. During any period of curing wherein the defaulting party is diligently proceeding to cure such default and is making reasonable progress toward such end, the Party charged shall not be considered in default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default shall exist and the noticing Party shall take no further action. 11.1.1 Option to Institute Legal Proceedings or to Terminate: After proper notice and the expiration of said cure period, the noticing Party to this Agreement, at its option, may institute legal proceedings pursuant to Section 11.3 or give Notice of Intent to Terminate this Agreement pursuant to Government Code Section 65868. Following Notice of Intent to Terminate, the matter shall then be scheduled for consideration and review by the City Council, within thirty (30) days, in the manner set forth in Government Code Sections 65865, 65867 and 65868. 11.1.2 Notice of Termination: Following consideration of the evidence presented before the City Council, either Party alleging a default by the other Party may, at its option, give written Notice of Termination of this Agreement to the other Party by certified mail. Such Notice of Termination shall be effective, unless superseded or overruled by the ruling of a court of competent jurisdiction, upon deposit in the mail of the certified mailing to the defaulting Party; provided that either Party may seek review by a court of competent jurisdiction of any purported termination. 3hmdpt.agm 20 4738GO 11.1.3 Waiver: Failure or delay in giving Notice of Default pursuant to this Section 11.1.3 shall not constitute a waiver of any default. Except as otherwise expressly provided in this Agreement, any failure or delay by the other Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or, remedies or deprive such Parry of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 11.2 Enforced Delay, Extension of Time of Performance: In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entitles other than City which conflict with the terms of this Agreement, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations or litigation. No extension of time to perform shall be applicable unless and until a party gives written notice to the other party specifying the grounds on which this Section 11.2 is claimed to be applicable and referring to this Section 11.2. If written notice of such delay is given to the other party within thirty (30) days of the commencement of such delay, and such grounds of enforced delay exist, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or loner as may be mutually agreed upon. Such an extension shall commence to run from the time of commencement of cause. 11.3 Institution of Legal Action: The legal or equitable actions described in Sections 11.4 and 11.5 must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. The exercise of any one or more of the remedies described in Sections 11.4 and 11.5 shall not constitute a waiver or election with respect to any other available remedy. 11.4 Remedies Available to Developer: It is acknowledged by the Parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. a. City Not Liable for Damages. City shall not be liable in damages to Developer, or to any assignee, transferee of Developer or any other person, and Developer. covenants not to sue for or claim any damages, for: (I) any breach of, or which arise out of, this Agreement; (ii) the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (iii) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; provided, however, that the foregoing does not limit the liability of City, if any, for damages which: 3hmdpt.agm 21 473860 (1) are not for a breach of this Agreement or which do not arise under this Agreement; (2) are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; and (3) do not arise out of or which are not connected with any dispute, controversy or issue regrading the application, interpretation or effect of the provisions of this Agreement to, or the application of, any City rules, regulations or official policies. Without limiting the generality of the foregoing items (iii)(1) through (3), and as an example, in the event City refuses to issue building permits under and in accordance with a Vesting Tentative Map issued by City, Developer would be entitled to whatever remedies at law or in equity which are available, including, if available under law, the right to monetary damages. b. Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Development Agreement has begun. After such implementation, Developer may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. For this reason, City and Developer agree that if City fails to carry out its obligations under this Development Agreement, Developer shall be entitled to the remedy of specific performance of this Development Agreement. City and Developer acknowledge that, if Developer fails to carry out its obligations under this Development Agreement, City shall have the right to refuse to issue any permits or other Development Approvals which Developer would otherwise have been entitled to pursuant to this Development Agreement. 11.5 Remedies Available to City. In addition to City's rights described in Sections 3.6, 4.2.3 and 9, City may pursue any remedy at law or equity available in accordance with the Existing Rules for the breach of this Agreement or of the Development Approvals by Developer. Termination of this Agreement shall in no way affect or modify the conditions of the Development Approvals which shall continue to be enforceable to the fullest extent allowable by law or equity. 12. ENCUMBRANCES AND RELEASES ON REAL PROPERTY: 12.1 Discretion to Encumber: The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion of any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. Entering into or a default or breach of this Development Agreement shall not defeat; render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. City acknowledges that the lenders providing such financing may require certain modifications and City agrees, upon request, from time to time, to meet with Developer and/or representatives of such lenders to negotiate in good faith any such request for modification. City further agrees that it will not unreasonably withhold its consent to any such requested modification so long as the modifications do not materially alter this Agreement. 3hmdpt.agm 22 473860 12.2 Entitlement to Written Notice of Default: The mortgagee of a mortgage or beneficiary of a deed of trust, and their successors and assigns, or any mortgage or deed of trust encumbering the Property, or any part thereof, which mortgagee, beneficiary, successor or assign has requested notice in writing received by City, shall be entitled to receive written notification from City of any notice of default by Developer in the performance of Developer's obligation under this Agreement. 12.3 Property Subject to Pro Rata Claims: Any mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to any pro rata claims for payments or charges against the Property, or part thereof secured by such mortgage which accrue prior to the time such mortgagee comes into possession of the Property, or part thereof. 13. MISCELLANEOUS PROVISIONS: 13.1 Rules of Construction: The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, and "may" is permissive. Any reference to any such of this Agreement cited without a decimal includes all sections following the cited section. For example, a reference to Section 6 includes 6.1, 6.2, 6.3, 6.4, 6.4.1, et seq. If there is more than one (1) signer of this Agreement, their obligations are joint and several. 13.2 No Third Party Beneficiaries: This Development Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. Except as provided in Sections 5.4.1 and 7.2 no other person shall have any right to action based upon any provisions in this Development Agreement. 13.3 Third Party Fees/Administrative Costs: [This section reserved] 13.4 Project is a Private Undertaking: It is specifically understood and agreed to by and between the Parties hereto that: (1) the Project is a private development; (2) the City makes no representations or warranties concerning the Project or its feasibility; (3) City has no interest or responsibilities for or duty to third parties concerning any Public Improvements until such time and only until such time that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Development Approvals and pursuant to the Developer Lease Agreement (Exhibit "C"); (4) Developer shall have full power over and exclusive control of the Property subject only to the limitations and obligations of Developer under this Agreement; (5) Developer shall not seek, and shall not be granted, any assistance by the La Quinta Redevelopment Agency; and (6) the contractual relationship between City and Developer is such that Developer is an independent contractor and not an agent of City. 13.5 Incorporation of Recitals: The recitals are specifically incorporated into this Agreement. Amdpt.agm 23 90588 47:38GO 13.6 Restrictions: The Developer shall cause to be placed in any agreements to sell or convey any interest in the Property or any portion thereof, provisions making the terms of this Development Agreement binding on any successors in interest of Developer and express provision for Developer or City, acting separately or jointly, to enforce the provisions of this Development Agreement. 13.7 Recording: The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Riverside County, California within 10 (ten) days following the effective date of this Agreement. 13.8 Severabilitv. If any provision of this Development Agreement shall be adjudged to be invalid, void, or unenforceable, such provision shall in no way affect, impair, or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement. The Parties hereby agree that they would have entered into the remaining portions of this Development Agreement not adjudged to be invalid, void, or illegal. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, Developer or City may terminate this Development Agreement. 13.9 Entire Agreement, Waivers and Amendments: This Agreement constitutes the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of City or of Developer. IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the day and year first above written, as authorized by Ordinance No.-2,120f the City Council. CITY A QUINTA B _ Y RON PERKINS, Mayor Pro Tern ATT17ST: UNDRA L. JOHOLA, City Clerk APPROVED AS TO FORM: 4 add.'a a 'aAl)-c - DAWN C. HONEYWE L, City Attorney Amdpt.agm 24 47 38GO HOME DEPOT U. S.A., INC., a Delaware corporation "Developer" la&B Y � y Seiyu r' �u'�a✓G+� C0v�2 L CREDIT SUISSE LEASING 92A, L.P., a Delaware limited partnership "Owner" By: Home Depot U.S.A., Inc., as attorney in fact under power of attorney dated 5 IFABy fe,"vr (oT.Vk CU�1rJe.( 3hmdpt.agm 25 90588 4738GO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. On°l,"lfv"� I�q `before me, 111 [ 1' andTor sand state, personally appeared D � 4* IeUo a Notary Public in to me on the basis of satisfactory evidence) be the Person hose nCHI ame known to me (or proved within instrument and acknowledged to me that he executed the same inn his au h ri subscribed to the and that by his signature on the instrument, the person, or the entity upon behalf of which parity, Person acted, executed the instrument. the WITNESS my hand and official Q. Notary Public in a r aid State PHYL— MO. LIS A. RUOFF COMM. # 1064114 Notary PubOc — Cdifomla S ORANGE COUNTY My Comm. Expires MAR 26. 1999 OC 963410.004/BNS/H3 985-070/12-06-96/mfl 3 N Q J CL Z 0 V) cr W LL LL LU EXHIBIT "A" PROJECT SITE 133a1S NOSa3jj3r — - ® u i ills ,- w � , Q A �v �¶ji111 ' O W Q �+ '+ 2.20.3 47:38GO �a v 4Ai EXHIBIT "B" PROPERTY DESCRIPTION LEGAL DESCRIPTION OF PROJECT SITE 4738GO THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN B�NARDINO MERIDIAN, IN THE CITY OF LA 5 QUIDTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: 788 FAST HALF OF THE EAST TIPJM-QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; ExcEPTnvG THER]EFROM THAT PORTION LYING NORTHERLY OF THE SOUT11ERLY LINE OF THAT CERTAIN PERPETUAL RIGHT OF WAY DEDICATED TO THE COACHELL,A VALLEY STORM WATER DISTRICT OF RIVERSIDE COUNTY BY A FINAL DECREE OF CONDEMNATION RECORDED COUNTY;OCTOBER 6, 1�23 IN BOOK 591, PAGE = OF DEEDS, RECORDS OF SAID COUNTY; ALSO EXCEPTING Tf MOM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 13, 1936, IN BOOK 268, PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM TIM EASTERLY 44 FEET CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED DECENIDER 19, 1961, AS INSTRUMENT NO 108910 OF OFFICIAL RECORDS SAID COUNTY; ALSO EXCEPTING TIEEREFROM THAT PORTION COM-EYED TO THE COUNTY OF SIDE BY DEED RECORDED OCTOBER 3, 1968 AS INSTRUMENT NO.95403 OF OFFICIAL RECORDS OF SAID COUNTY, TOGETHM WTTg THE EAST HALF OF THE WEST HALF OF THE EAST THREE- QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE SOUTHERLY LINE OF THAT CERTAIN PERPETUAL RIGHT OF WAY DEDICATED TO THE COACHELLA VALLEY STORM WATER DISTRICT OF RIVERSIDE COUNTY BY A FINAL DECREE OF CONDEMNATION RECORDED OCTOBER6, 1923 IN BOOK COUNTY; 591, PAGE 223 OF DEEDS, RECORDS OF SAID COUNTY; 30588 473sGo ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO TBE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 13, 1936, IN BOOK 268, PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; THE ATTACHED PLAT LABELED EXMIT "B" IS HEREBY MADE A PART OF THIS DESCRIPTION PREPARED UNDER MY SUPERVISION - r.."LRES 12/31/99 Z`ONII LANp SO o O No. 5742 * EsmL MGM s F OF CAt.1f0 90588 4738GO EXHIBIT "C" Recording Requested by and When Recorded Mail to: DEVELOPER LEASE AGREEMENT THIS DEVELOPER LEASE AGREEMENT ("Agreement") is entered into as of the day of , 1996, by and among the City of La Quinta, a municipal corporation ("City") Home Depot U.S.A., Inc., a Delaware corporation ("Developer"), and Credit Suisse Leasing 92A, L.P. ("Owner") with reference to the following: RECITALS A. WHEREAS, Owner has acquired or will acquire certain property located in the City ("Project Site"), which Project Site is described on Exhibit "A"attached hereto and depicted on Exhibit "B" attached hereto; and B. WHEREAS, Owner desires to lease to Developer the Project Site to develop and operate a commercial/retail center and related improvements as described in the Development Agreement dated the 3rd day of December, 1996, the Specific Plan 96-027 the CUP 96-028, and related improvements (the "Project"); and C. WHEREAS, in connection with the development of the Project, Owner intends to dedicate and convey certain real property to the City for public facilities along Jefferson Street ("Jefferson Street Dedicated Property"), which Property is described on Exhibit "C" attached hereto and depicted on Exhibit "D" attached hereto; and D. WHEREAS, in connection with the Project, Owner intends to dedicate and convey certain real property to the City and ultimately to the State of California ("State") for public facilities along Highway 111 ("Highway 111 Dedicated Property"), which property is -described on Exhibit "E" attached hereto and depicted on Exhibit "F" attached hereto. E. "Right -of -Way"), AS, the City currently owns certain right-of-way adjacent to the Project Site ("Existing which Existing Right -of -Way is described on Exhibit G attached hereto and depicted on Exhibit "H"; and E. WHEREAS, the City desires, subsequent to acquiring the Jefferson Street Dedicated Property and the Highway 111 Dedicated Property, collectively the "Dedicated Properties" from Owner, to lease the Dedicated Properties and the Existing Right -of -Way, as depicted on Exhibit "D", 3hmdpt.les 90588 4'738GO "F", and "H" attached ("Public Property") to Developer, for purposes of having Developer construct thereon certain street improvement public facilities in addition to certain flood control public facilities located on the Project Site ("Public Facilities"), which Public Facilities are described on Exhibit "I" attached hereto; and G. WHEREAS, Developer has agreed to construct the Public Facilities on the Project Site including those located on the Public Property, and then to sublease the portion of the Jefferson Street Public Property and Public Facilities to the City pursuant to a sublease ("Public Property Sublease"), and to release from the lease agreement the Highway 111 portion of the Public Property for the City to transfer to the State for the benefit of the public and in furtherance of public purposes of the City; NOW, THEREFORE, for and in consideration of the mutual covenants and agreement herein contained, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 shall, for all purposes of this Agreement, have the meanings herein specified. (a) "Agreement" shall mean this Lease Agreement. (b) "Base Rental Payments" shall mean the rental payments payable by the City to Developer pursuant to the Public Property Sublease, as described herein. (c) "Commencement Date" shall mean the date upon which the City first receives Sales and Use Tax Revenues from businesses or activities conducted on the Project Site after completion of the Public Facilities. (d) "City" shall mean the City of La Quinta, California, a political subdivision of the State of California, and its successors and assigns. (e) "Dedicated Properties" shall mean those certain real properties as described on Exhibits "C" and "E" and depicted on Exhibits "D" and "F", which real property shall be conveyed by Developer to the City pursuant to the terms of this Agreement. M "Developer" shall mean Home Depot U.S.A., Inc., a Delaware corporation. (g) "Existing Right -of -Way" shall mean the existing right-of-way currently owned by the City, as described in recital paragraph D. hereof. (I) "Highway 111 Dedicated Property" shall mean that certain property described on Exhibit "E" and depicted on Exhibit "F". 3hmdpt.les 2 4'738GO 0) "Jefferson Street Dedicated Property" shall mean that certain property described in Exhibit "C" and depicted in Exhibit "D". (k) "Interest Component" shall have the meaning set forth in Section 6 hereof. (1) "Leasehold Value" shall have the meaning set forth in Section 6 hereof. (m) "Owner" is Credit Suisse Leasing 92A, L.P., a Delaware limited partnership. (n) 'Principal Component" shall have the meaning set forth in Section 6 hereof. (o) "Project" shall mean the commercial facility and related improvements described in recital paragraph B. above. (p) "Project Site" shall mean the real property described on Exhibit "A" and depicted on Exhibit "B" attached hereto. (q) "Public Facilities" shall mean the public facilities to be constructed by Developer on the Public Property. (r) 'Public Property" shall mean, collectively, the Future Right -of -Way and the Existing Right -of -Way, as described herein. (s) 'Public Property Lease" shall mean the lease agreement described in Section 3 hereof, wherein the City, as lessor, leases to Developer, as lessee, the Public Property. (t) 'Public Property Sublease" shall mean the sublease agreement described in Section 5 hereof, wherein Developer, as sublessor, subleases to the City, as sublessee, the Public Property and Public Facilities. (u) "Rental Period" shall have the meaning set forth in Section 7(a)(2) hereof. (v) "Sales and Use Tax" shall mean the 1 % sales and use tax imposed and received by the City under authority granted to the City pursuant to Section 7201 of the California Revenue and Taxation Code. (w) "State" shall mean the State of California". (x) "Sales and Use Tax Revenues" shall mean any revenues collected by the City pursuant to Sales and Use Tax as described above. (y) "Term of this Agreement" shall mean that period of time commencing as of the date of this Agreement and terminating as of the date of termination of the Public Property Sublease. 3hmdpt.les 3 33588 473800 Section 2. Conveyance of Dedicated Property. Developer shall convey or cause to be conveyed to the City or its designee, and the City or its designee shall accept conveyance of, the Dedicated Properties, for public purposes, prior to Developer's seeking building permits for the construction of any portion of the Project. Developer covenants that prior to conveying the Dedicated Properties to the City or its designee, and provided that the City performs its obligations as set forth in Section 7 of this Agreement, Developer shall own fee title to all of the Dedicated Properties, and that such property shall be conveyed to the City or its designee free and clear of all liens and encumbrances, except those approved in writing by the City. Such conveyance of the Dedicated Properties from Developer to the City or its designee shall be deemed to be and is a condition precedent to the rights and obligations of the parties under the terms of this Agreement, provided however, that such conveyance shall not be a condition precedent to those obligations of the City under Section 7(b)(2) of this Agreement. Upon the Developer's conveyance of the Dedicated Properties to the City or its designee, this Agreement shall be recorded in the Official Records of the City of La Quinta, California. Section 3. Public Propert Lease. Upon conveyance of the Dedicated Properties to the City or its designee as described above, the City shall lease the Public Property (consisting of the Dedicated Properties and Existing Right -of - Way) to Developer or cause the Public Property to be leased to Developer, and Developer shall lease the Public Property from the City or its designee on the terms and conditions set forth herein ("Public Property Lease"). Rent for the entire term of the Public Property Lease shall be an advance payment by Developer to the City of the sum of $1.00. The term of the Public Property Lease shall commence on the date that the City or its designee accepts conveyance of the Dedicated Property and continue for the Jefferson Street portion of the Public Property until the termination of the Public Property Sublease, as described herein, and, upon termination of the Public Property Sublease, the Public Property Lease shall likewise terminate for the Highway 111 portion of the Public Property the Public Property Lease shall terminate upon the City's transfer of the Highway 111 Dedicated Property to the State. Section 4. Construction of Public Facilities. (a) Developer's Obligations. Developer shall finance and construct on the Public Property and the Project Site, all of the Public Facilities described on Exhibit "I" attached hereto. In that connection, Developer shall do the following: (1) prepare plans and specifications for the Public Facilities in accordance with City standards, and submit such plans and specifications to the appropriate City departments for review and approval; (2) provide the City with twenty (20) days written . notice prior to the commencement of construction; (3) secure all necessary licenses, permits, rights of way, and rights of entry as may be reasonably necessary for construction; 3hmdpt.les 4 90588 4738GO (4) prior to commencement of construction, Developer shall provide the City with faithful performance and material payment bonds, each in the amount of 110% of the estimated cost of construction, as determined by the City; the survey, amount and form of such bonds shall be subject to the approval of City Attorney; and such bonds shall remain in full force and effect until the Public Facilities are accepted by the City, at which time such bonds may be reduced to 10% of the cost of construction for a period of one (1) year to guarantee against any defective work, labor or materials; (5) provide workers' compensation insurance for all Developer employees working on construction, in amounts as required by California law; (6) provide and maintain comprehensive liability insurance which shall name both Developer and the City as insureds, and which shall provide coverage from personal injury claims, including accidental and/or wrongful death, and claims for property damage which may arise directly or indirectly from Developer's construction work, or the performance of Developer's obligations hereunder, whether such construction and performance is done by Developer, or any constructor, subcontractor or other party employed directly or indirectly by any of them; such insurance shall provide for limits of not less than $2,000,000 per occurrence and shall further provide that the issuing company may not cancel, modify or terminate coverage unless it shall have given the City thirty (30) days' prior written notice of such cancellation, termination or modification; Developer shall assure that the insurance required by this section shall remain in full force and effect throughout the construction of the Public Facilities, and Developer's failure to do so shall be deemed a material breach of this Agreement; and (7) upon completion of construction, convey to the City, in form and substance acceptable to City Attorney, all rights of way and easements deemed necessary by the City Engineer, in its reasonable discretion, for the operation and maintenance of the Public Property and Facilities, including ingress and egress easements as may be reasonably need for storm drain operation and maintenance. (b) City's Obligations. In connection with Developer's construction of the Public Facilities, the City shall do the following: (1) review and approve the plans and specifications for the Public Facilities prepared by Developer in a timely manner prior to the commencement of construction of said Public Facilities; and (2) inspect the construction of the Public Facilities as required; (3) upon completion and acceptance by the City of the Public Facilities and conveyance of all required rights of way and easements, accept full responsibility for operation and maintenance of the Public Property and Public Facilities. Rmdpt.les 5 �0588 4738GO Section 5. Public PropertySublease. Upon completion of the Public Facilities, Developer shall sublease the Public Property and Public Facilities constructed on Jefferson Street (Exhibits "D and H") to the City and the City shall sublease same from Developer ("Public Property Sublease") under the terms and conditions set forth herein. The Public Facilities shall be deemed to be "complete" upon final inspection and acceptance by the City. Concurrently, the Public Property and Public Facilities constructed on Highway 111 (Exhibits "E and F") shall be transferred to the State of California. Section 6. Term of the Public Property Sublease. The Public Property Sublease shall begin as of the Commencement Date as defined in Section 1(d) hereof. The Public Property Sublease shall end on the earlier of (1) December 31 st of the calendar year which is 12 years after the Commencement Date, or (2) when the full amount of the Leasehold Value including both the Principal Component and then accrued Interest Component, as defined in Section 7 below, has been paid to Developer. Section 7. Citv's Obligation under Public Property Sublease. Under the terms of the Public Property Sublease, the City shall perform the following obligations: (a) Base Rental Payments. The City agrees to pay to Developer, on a quarterly basis, base rental payments ("Base Rental Payments") for the applicable rental period or portion thereof throughout the term of the Public Property Sublease. All Base Rental payments shall be allocated as set forth in this Section 7. (1) Amounts of Base Rental Payments. Base Rental Payments shall be calculated as follows: From the Commencement Date and continuing through the term of the Public Property Sublease, Base Rental Payments shall be forty-eight percent (48%) of the Sales and Use Tax Revenues generated by businesses or activities located on the Project Site up to a maximum amount of One Hundred and Twenty -Eight Six Hundred Eighty Dollars ($128,680) in any calendar year of the Sublease. -(2) Time for Payment. The City's obligation to pay Base Rental Payments shall begin on the Commencement Date. The City shall make quarterly Base Rental Payments to Developer for each rental period ("Rental Period") or portion thereof, which Rental Periods shall consist of each calendar quarter. Each Base Rental Payment shall be due to Developer on or before the thirtieth (30th) day after the City receives its quarterly sales tax reconciliation from the State of California. (3) Form of Base Rental Payments. Each base Rental payment shall be paid in lawful money of the United States of America, by warrant or check drawn against funds of the City, and mailed or delivered to the address provided for Developer in Section 15 of this Agreement. 3hmdpt.les 6 30568 4738GO (4) Records Required. Developer shall provide, or cause each business or activity located on the Project Site to provide, to the City, all of the information required by the "Information Sheet on Sales and Use Tax Reporting and Information Required by the City of La Quinta," a copy of which is attached hereto as Exhibit "J". It shall be the obligation of Developer to provide the required information to the City in a timely manner and to keep the information accurate during the term of the Public Property Sublease. Failure to supply the required information in a timely manner may, at the discretion of the City, result in a delay of that portion of the Base Rental payment applicable to any such business or activity which has failed to provide the required information. The City shall maintain sufficient records and accounts to separately identify all Sales and Use Tax Revenues paid to it from businesses and activities located on the Project Site, and shall provide to Developer, at the time of making each base Rental Payment, a written accounting with respect to each Payment. (5) Limit on Total Base Rental Payments. Notwithstanding anything to the contrary herein, the aggregate Base Rental Payments payable by the City to Developer during the term of the Public Property Sublease shall not exceed the full amount of the Leasehold Value, including both the Principal Component and the Interest Component. The parties hereto stipulate and agree that the total value of the leasehold interest ("Leasehold Interest") shall include a principal component and an interest component. Upon the Commencement Date of this Agreement, the principal component ("Principal Component") equals Eight Hundred Eighty Thousand Dollars ($880,000). The Principal Component shall bear interest ("Interest Component") until paid in full, at a rate equal to eight percent (8%) per annum unless mutually agreed to by the parties hereto. Such interest shall begin to accrue on the Commencement Date of the Public Property Sublease and shall continue to accrue until the Principal Component is paid in full or this Agreement is otherwise terminated as provided herein. All Base Rental payments made by the City to Developer shall be allocated first to the Interest Component payable as of the date of City's payment of said Base Rental payment. Any amount of said Base Rental payments in excess of the accrued but unpaid Interest Component shall then be applied to the reduction of the Principal Component. (b) Total Consideration. The Base Rental Payments set forth above shall collectively constitute the total consideration for each lease year or portion thereof and shall be paid by the City for and in consideration of the right of use and occupancy, and the continued quiet use and enjoyment of the Public Property and Public Facilities for and during said year or portion thereof. The parties hereto have agreed and determined that such total consideration represents the fair rental value of the Public Property and Public Facilities (the "Leasehold Value"). In making such determination, consideration has been given to the costs of acquisition, construction and financing of all of the Public Property and Public Facilities (including the portion of the facilities that must be dedicated to the State on Highway 111 and the flood control facilities all as specifically identified in Exhibit "I"), the use and purposes which will be served by the Public Property and Public Facilities and the benefits therefrom which will accrue to the parties to this Agreement and to the general public in the City of La Quinta by reason of the acquisition and/or construction of the Public Property and Public Facilities. 3hmdpt.les 7 90588 473860 Section 8. Source of City's Payment Obligations. The obligations of the City to Developer to pay the Base Rental Payments shall be a special and not a general obligation of the City, and shall be payable solely from the Sales and Use Tax Revenues received by the City from businesses and activities conducted on the Project Site. Prior to the time that the full amount of the Leasehold Value under this Agreement, including both the Principal Component and the Interest Component, is fully paid to Developer as provided herein, the City shall not pledge or encumber the Sales and Use Tax Revenues derived or to be derived from businesses or activities operating on the Project Site so as to impair Developer's rights hereunder. During the term of this Agreement, any subsequent pledge of the Sale and Use Tax Revenues generated from the businesses and activities conducted on the Project Site shall be subject and subordinate to Developer's rights hereunder. Notwithstanding any provision herein to the contrary, in the event that the State of California's allocation of Sales and Use Tax Revenues to the City is changed, revised or otherwise amended after the date of this Agreement, the City and Developer each agree to meet in good faith to revise this Agreement to reflect as closely as possible the original intent of the parties in entering into this Agreement with respect to the allocation of Sales and Use Tax Revenues. Section 9. Maintenance. Repair Additions and Improvements to Public Facilities. (a) Operating and Maintenance Expense. Throughout the term of the Public Property Sublease, the City shall, at its sole expense, operate, maintain, repair and/or replace as necessary, the Public Facilities (subject to the Sublease related to Jefferson Street and not dedicated to another public entity) and insure that said Public Facilities remain in good order, condition and repair at a level of service consistent with that maintained for similar types of public improvements located elsewhere without the City. The parties hereto acknowledge and agree that Developer shall have no obligation to incur any expense of any kind or character in connection with the management, operation, repair, replacement or maintenance of the Public Facilities during the term of the Public Property Sublease. Throughout the term of the Public Property Sublease, the City shall keep the Public Facilities free and clear of all liens, charges, and encumbrances. Notwithstanding any damage to the Public Facilities from whatever source, the City shall, throughout the term of the Public Property Sublease, repair the Public Facilities consistent with this paragraph without any interruption or abatement of its rental obligations as set forth hereunder. (b) Additions and Improvements to the Public Facilities. The City shall have the right throughout the term of this. Agreement, to make any additions or improvements to the Public Facilities, to attach fixtures, structures or signs, and to affix any personal property thereto, provided the use of the public facilities for the purposes contemplated in this Agreement is not impaired in any way. Title to all personal property placed in or on any of the Public Facilities shall remain with the City, provided however, that any modifications or improvements which constitute fixtures will automatically become subject to this Agreement. Subject to the foregoing, the title to any personal property, improvements or fixtures which may be placed on the Property by any sublessee or licensee of the City shall be controlled by the terms of the sublease or license contract entered into by the City with such sublessee or licensee. 3hmdpt.les 8 90568 473860 Upon Developer's completion of construction of the Public Facilities and their acceptance by the City, Developer shall have no further obligation of any kind to make any additions, improvements, repairs or other changes to the Public Facilities. In the event that Developer elects to make additions, improvements or other changes to the Public Facilities it shall do so only with the prior consent of the City. Any such additions, improvements or other changes shall comply with the encroachment permit rules of the City and all other applicable City building requirements. Notwithstanding the foregoing, should Developer make application for additional on site improvements beyond those contemplated by the Project, Developer may, at that time be conditioned to make further improvements to the Public Facilities as part of the approval for such additional on site developments. Section 10. Indemnification. (a) Indemnification by the City. The City agrees for the term of the Public Property Sublease, it shall indemnify, defend and hold harmless Developer, its officers, agents, employees, directors and representatives from any loss, claim, expense, and/or penalties arising directly or indirectly from the Public Facilities and the City's operation, maintenance and repair thereof, save and except those losses, claims, expenses and/or penalties arising from the gross negligence of willful misconduct of Developer. Such indemnification shall include, without limitation, indemnification for damage or claims for personal injury, including death, and claims for property damage, and including any costs incurred by Developer in defending against same, including without limitation, actual attorneys' fees. The City represents that it is self -insured as a member of a joint powers insurance authority (the "Authority") as to public liability insurance against claims for bodily injury or death or damage to property occurring upon, or about the improvements. In the event that the City elects to purchase liability insurance in the future rather than remaining self -insured with the Authority, such liability insurance shall, during the term of this Public Property Sublease, name Developer as an additional insured to the extent appropriate to comply with the provisions of this Section 10. (b) _Indemnification by Developer. The Developer agrees that throughout the term of the Public Property Lease, it shall indemnify, defend and hold harmless the City, its officers, agents, employees and representatives from any loss, claim, expense and/or penalties arising directly or indirectly from Developer's construction of the Public Facilities, committed in connection with Developer's performance of or failure to perform its obligations under the terms of the Public Property Lease. Developer agrees that throughout the term of the Public Property Sublease, it shall indemnify and hold harmless the City, its officers, agents, employees and representatives from any loss, claim, expense and/or penalties arising directly or indirectly from Developer's gross negligence or willful misconduct committed in connection with Developer's performance of or failure to perform its obligations under the terms of the Public Property Sublease. Such, above identified, indemnification shall include without limitation, indemnification for damages or claims for personal injury, including death, and claims for property damage, and including any costs incurred by City in defending against same, including without limitation, actual attorneys' fees. Section 11. Sale. Transfer or Assi nment. The City shall have the right to permit the Rmdpt.les 9 80588 4738GO nonexclusive use of all or any portion of the Public Facilities by any third party as may be necessary to serve the public purposes of the City, provided however, that no sale, transfer or assignment of all or any portion of the City's rights under the terms of this Agreement shall be construed as relieving the City from any or all of its obligations as set forth in this Agreement. Specifically, it is contemplated that all or portions of those Public Facilities to be constructed adjacent to Highway 111 shall be transferred to the State of California and removed from the lease -sublease after completion, however, such transfer shall not effect the obligation of the City to pay the full Leasehold Value. Except as otherwise provided in this Agreement, the Developer shall not assign all or any portion of its rights and obligations hereunder to any successors -in -interest to the Project Site or portion thereof, except with the prior consent of the City, which consent shall not be unreasonably withheld. Any such assignment shall not relieve Developer of its obligations under the terms of this Agreement, except upon express written consent of the City. Notwithstanding anything contained herein to the contrary, the Developer may, without the prior consent of the City, assign any or all of its rights and obligations hereunder to any Affiliated Entity. For purposes of this Agreement, an "Affiliated Entity" shall mean any corporation, partnership, limited liability company or other form of business entity in which Developer has not less than a fifty percent (50%) ownership interest and not less than fifty percent (50%) management control. Any sale, transfer or assignment of the rights and obligations of either party under the terms of this Agreement shall require thirty (30) days prior written notice to the other party of such assignment, provided however, that no such prior notice shall be required in connection with any of the following: (1) An assignment by Developer which consists of the conveyance for the purpose of securing loans to be used solely for the financing of the direct and indirect costs of the Public Facilities, including without limitation, financing costs, interest and commissions, planning, design, construction, development and leasing of the Public Facilities to be constructed by Developer, provided that the assignee of any such assignment shall receive only the right to collect Base Rental Payments due under the terms of this Agreement. (2) Transfers resulting from a sale of Developer's interest in the Public Facilities or the Public Property or any portion thereof at foreclosure (or a conveyance thereof in lieu of a foreclosure) pursuant to a foreclosure thereof by a lender. (3) Subject to the terms contained in Section 9(a) of this Agreement, the conveyance or dedications of any portion of the Public Facilities or the Public Property, the Dedicated Property or the Public Facilities to the City or other appropriate governmental agency, or the granting of easements or permits to facilitate the development of the Project. Section 12. Eminent Domain. If the whole of the Public Facilities shall be taken under the power of eminent domain, then this Agreement shall terminate as of the date possession shall be so taken. If less than the whole of the Public Facilities shall be taken under the power of eminent domain, then this Agreement shall continue in full force and effect and shall not be terminated by virtue of such taking, and the parties hereto waive the benefit of any law to the contrary, and in such event there shall be a partial abatement of the Base Rental Payments due under the terms of this Agreement. 4'73i60 Any award made in eminent domain proceedings for the taking or damaging of the Public Facilities, in whole or in part, shall be paid to Developer to the extent of the then remaining balance of the Principal Component of the Leasehold Value, plus any portion of the Interest Component which is then accrued but not yet paid. The amount of the award which is in excess of the sum needed to pay Developer the then remaining balance of the Principal Component, plus any accrued but then unpaid portion of the Interest Component, shall be paid to the City. Section 13. Liens. The City shall pay or cause to be paid when due, all sums of money that may become due for, or purporting to be for, any labor, services, materials, supplies or equipment alleged to have been furnished or to be furnished to or for the Public Facilities throughout the term of the Public Property Sublease and which may be secured by any mechanics', materialmen's or other lien against the Public Facilities and/or Developer's interest therein, and the City shall further cause each such lien to be fully discharged and released, provided however, that if the City and/or Developer desires to contest any such lien, that party may do so upon posting security in a form and amount acceptable to the other party sufficient to pay said sums in the event that said liens are reduced to final judgment. Developer shall cooperate with the City in its efforts to discharge and release any liens pursuant to this Section 13 and shall further discharge and release or cause to be discharged and released any liens created directly or indirectly by Developer on or against the Public Facilities. Section 14. Quiet Enjoyment. The parties hereto mutually covenant and agree that the City, by keeping and performing the covenants contained herein, shall at all times during the term of this Agreement peaceable and quietly, have, hold and enjoy the Public Facilities without hindrance or molestation by Developer or anyone whose rights arise through Developer. Section 15. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offers, or designations hereunder by either party to the other shall be in writing and shall be served upon the other party by registered mail, personal service, or facsimile, at the addresses set forth below: City: City of La Quinta . 78-495 Calle Tampico La Quinta, California 92253 Developer: Home Depot U.S.A., Inc. 601 S. Placentia Fullerton, CA 92831 Attention: Legal Department 3hmdpt.les 11 90588 4738G0 Section 16. Taxes. During the term of this Agreement, the City shall be responsible for and pay when due any ad valorem taxes, or special assessments, if any, levied upon the Public Property and/or the Public Facilities or upon any parties' interest therein. The parties hereto agree to cooperate with each other in any effort to apply for exemption from any such tax or assessment. Throughout the term of this Agreement, Developer shall pay any gross receipt taxes, income taxes or any other form of tax whatsoever which may be levied upon Developer's rental income derived from this Agreement. Section 17. Waiver. The waiver by either party of any breach by the other party of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof. To be effective, any waiver must be in writing and signed by an authorized representative of the party bound by said waiver. Section 18. Default by the City. If the City fails to pay any Base Renal Payments due hereunder within ten (10) days from the date that such Base Renal Payment is due and payable, or if the City fails to keep any other terms, covenants or conditions herein for a period of thirty (30) days after written notice thereof from Developer to the City, or if the City shall abandon or vacate the Public Facilities, or if the City's interest in this Agreement or any part thereof shall be assigned or transferred to violation of the terms of this Agreement, either voluntarily or by operation of law, then in such events the City shall be deemed to be in default under the terms of this Agreement. If the City should, after written notice from Developer, fail to remedy any default within thirty (30) days from the date of such notice, then Developer shall have the right, at its option, without further demand or notice, to take an action or legal proceeding to recover Base Rental payments as they become due pursuant to Section 7 of this Agreement, or to cause the City to keep any other terms or covenants required of it, without terminating this Agreement or the City's right to possession of the Public Facilities, and Developer shall further have the right to recover all costs and fees incurred by it in collecting said rents and/or enforcing the terms of this Agreement, including without limitation, attorneys' fees and costs. Without limiting the generality of the foregoing, Developer shall have the remedy described in California Civil Code Section 1951.4, providing that Developer may continue this Agreement in effect after the City's breach and abandonment and recover rent as it becomes due, if the City has the right to sublet or assign, subject only to reasonable limitations. Section 19. Default by Developer. If Developer shall fail to keep any terms, conditions or covenants contained in this Agreement for a period of thirty (30) days after written notice thereof from the City to Developer, or if Developer shall file any petition or institute any proceedings wherein Developer asks or seeks 3hmdpt.les 12 80588 4'738GO to be adjudicated a bankrupt, or to be discharged from any or all of its debts or obligations, or offers to its creditors to effect a composition or extension of time to pay Developer's debts, or Developer seeks a reorganization or seeks to effect a plan of reorganization or readjustment of Developer's debts, or if any such petition or proceeding of a same or similar nature shall be filed, or instituted against Developer, and Developer shall fail to have such petition or proceeding dismissed within sixty (60) days of its filing, then and in such event Developer shall be deemed to be in default hereunder. If Developer should, after written notice from the City, fail to remedy any such default within thirty (30) days of said notice, then the City shall have the right, at its option, to terminate this Agreement by delivering written notice of such intent to terminate to Developer not less than thirty (30) days prior to the effective date of such termination, and after the effective date of such termination, the City shall be relieved of all obligations hereunder, provided however, as long as the City continues to use the Public Facilities, the City shall continue to make the Base Rental Payments pursuant to Section 7 hereof to Developer or its successor in interest. Section 20. Hazardous Materials. (a) Developer's Representations. Developer hereby represents that, to the best of its knowledge, the Dedicated Property is not in violation of any currently existing federal, state or local hazardous materials laws. Developer further agrees that it shall indemnify, protect, defend and hold harmless the City from and against any and all claims, liabilities, suits, losses, costs, expenses and damages arising from any breach of the above representation, including but not limited to attorneys' fees arising from any claim for loss or damage to property, including the Dedicated Property, and the improvements thereon; for personal injury or death of persons; or for the cost of remediation necessitated by the presence of hazardous materials which existed on the Dedicated Property prior to the Commencement Date of the Public Property Sublease and not otherwise resulting from the City's use or possession of the Dedicated Property. (b) City's Representation. City hereby represents that, to the best of its knowledge, the Existing Right -of -Way is not in violation of any currently existing federal, state or local hazardous materials laws. City further agrees that it shall indemnify, protect, defend and hold harmless the Developer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages arising from any breach of the above representation, including but not limited to attorneys' fees arising from any claim for loss or damage to property, including the Existing Right of Way, and the improvements thereon; for personal injury or death of persons; or for the cost of remediation necessitated by the presence of hazardous materials which existed on the Existing Right of Way prior to the commencement date of the Public Property Lease and not otherwise resulting from the Developer's use or possession of the Existing Right of Way. Section 21. Attorneys Fees. In any action or arbitration arising directly or indirectly out of the terms of this Agreement, the prevailing party shall be entitled to all costs and expenses, including without limitation, actual attorneys' fees and costs of suit whether in equity or in an action at law as may be necessary to enforce the terms and conditions of this Agreement. 3hmdpt.les 13 .` . 4'7:3860 Section 22. Option to Purchase. The City at any time during the term of this Agreement, shall have the option to purchase the Public Facilities in the manner provided in this Section. The City may exercise its option to purchase the Public Facilities by giving Developer not less than sixty (60) days' prior written notice of its intent to exercise such option. The City's notice of intent to exercise its option shall specify the date upon which the purchase shall occur ("Purchase Date"), which.Purchase Date must coincide with the due date for the City's payment to Developer of a Base Rental Payment as such dates are defined in Section 7 of this Agreement. Upon exercising its option to purchase the Public Facilities, the purchase price ("Purchase Price") to be paid by the City to Developer shall be equal to the outstanding balance, as of the Purchase Date, of the Principal Component of the Leasehold Value. On the Purchase Date, the City shall pay the full amount of the Purchase Price to Developer in immediately available funds, and the City shall also pay at that time, in cash or other immediately available funds, the amount of any Base Rental Payments which have accrued prior to the Purchase Date, but which Base Rental Payments have not yet been paid to Developer. Upon the City's exercise of its option and upon the City's payment to Developer of the Purchase Price and Base Rental Payments as provided under the terms of this Section 21, all right, title and interest of Developer in and to the Public Property and the Public Facilities shall be transferred to the City "as is" and without warranty. Section 23. Recordation and Filiniz. Upon full execution of this Agreement, Developer shall record this Agreement in the Official Records of the City Recorder for the City of La Quinta, California. Section 24. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with reference to the subject matter hereof, and supersedes all negotiations or previous agreements between the parties with respect to all or any portion of the subject matter hereof. Section 25. Validity and Severability. If any one or more of the terms, provisions, promises, covenants or conditions contained in this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a final decision of a court of competent jurisdiction, then each of the remaining terms, provisions, promises, covenants and conditions contained herein shall remain unaffected thereby and shall be valid and enforceable to the fullest extent permitted by law. If for any reason this Agreement shall be held by a court of competent jurisdiction to be void, voidable, or unenforceable by Developer or by the City, or if for any reason it is held by such a court that the covenants and conditions of the City or Developer hereunder, including covenants to pay rents as set forth in this Agreement, is unenforceable for the full term hereunder, then and in such event for and in consideration of the right of the City to possess, occupy and use the Public Facilities and the right of Developer to occupy the Project, which rights in such event are hereby granted, this Agreement shall thereupon become and shall thereafter be deemed to be a lease from year to year under which the annual rentals herein specified will be paid by the City and Developer respectively. Amdpt.les 14 4738GO Section 26. Headings. Any headings contained in this Agreement are solely for the purposes of convenience of reference and shall not constitute a part hereof nor shall they be utilized to interpret any term or condition contained in this Agreement. Section 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, and all of which when taken together shall be deemed a single original. Section 28. Governing Law. This Agreement shall be construed and governed by the laws of the State of California. Section 29. Time of the Essence. Time is of the essence with respect to this Agreement. Section 30. Amendments. This Agreement may be amended at any time, and from time to time provided, however, that no amendment of this Agreement shall be effective unless such amendment is in writing and signed by all parties hereto. Section 31. Other Documents. The parties hereto agree that each shall, concurrently herewith or at any time hereafter, upon reasonable demand by the other, execute any other documents or instruments and do or cause to be done any other acts as may be necessary or convenient to carry out the intent and purposes of this Agreement. Section 32. Successors. Subject to the provisions contained herein, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. Section 33. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (a) the party is duly organized and existing; (b) they are duly authorized to execute and deliver this 3hmdpt.les 15 4'738GO Agreement on behalf of said party; (c) by so executing this Agreement, such party is formally bound to the provisions contained herein; (d) the entering into of this Agreement does not violate any provision of any other agreement to which that party is bound; and (e) there is no litigation nor legal proceeding or other legal impediment which would prevent the parties from entering into this Agreement. Section 34. Exhibits and Recitals. The Recitals contained in this Agreement, and each and every one of the Exhibits referenced in this Agreement shall be deemed to be incorporated herein by this reference. The Exhibits attached hereto are as follows: Exhibit Description "A" Legal Description of Project Site "B" Depiction of Project Site "C" Legal Description of Dedicated Property (Jefferson Street) "D" Depiction of Dedicated Property (Jefferson Street) "E" Legal Description of Dedicated Property (Highway 111) "F" Depiction of Dedicated Property (Highway 111) "G Legal Description of Existing Right -of -Way (Jefferson Street) "H" Depiction of Existing Right-of-way (Jefferson Street) "I" Public Facilities " F Standard City Form IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to by the proper officers for each of the parties and the official seals of the parties to be hereto affixed, all as of the day ad year first above written. CITY OF LA QUINTA, a municipal corporation By: ,y` RON PERKINS, Mayor Pro Tern ATTEST: L. JUROLA, City Clerk APPROVED AS TO FORM: DAWN C. HONEYWELL, tity Attorney Amdpdes 16 4738GO HOME DEPOT U.S.A., INC., a Delaware corporation By: CREDIT SUISSE LEASING 92A, L.P., a Delaware limited partnership "Owner" By: Home Depot U.S.A., Inc., as attorney in fact under power of attorney dated By: �1y1 Amdpdes 17 90588 4'738GO STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On December 9, 1996, before me, PHYLLIS A. RUOFF, a Notary Public in and for said state, personally appeared DANIEL R. HATCH, personally known to me (or 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 executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SIGNOURE OF NOTARY P LIC PHYLLIS A. RUOFF COMM. # 1064114i Notary Public — Callfart�Ia > (SEAL)SMv ORANGE COUIM Comm. Expires MAR 26.19" 4'738G0 80588 EXHMIT "A" to EXHIBIT C LEGAL DESCRIPTION OF PROJECT SITE THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNAR331NO MERIDIAN, IN THE CITY OF LA Q=nA, COUNTY OF RIVERSIDE, STATE OF CAL FOR1414 DESCRIBED AS FOLLOWS: UM EAST HALF OF MIE EAST TIME£ -QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; EXCEPTING i'FiEILEFROM THAT PORTION LYING NORTHERLY OF TEE SOUTHERLY LINE OF THAT CERTAIN PERPETUAL RIGHT OF WAY DEDICATED TO THE COACHELLLLA VALLEY STORM WATER DISTRICT OF RIVERSIDE COUNTY BY A FINAL DECREE OF CONDEMNATION RECORDED OCTOBER 6, 1'923 IN BOOK 591, PAGE 223 OF DEEDS, RECORDS OF SAID COUNTY; ALSO F.XCEPTIl�IG Tkj 1-0 kjEROM THAT PORTION CONVEYED TO TEE STAB OF CALZORNIA BY DEED RECORDED FEBRUARY U, 1936, IN BOOK 25k PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; ALSO Eq gR0M TEM EASTERLY 44 FEET CONVEYED TO TM COUNTY OF ZVERSME BY DEED RECORDED DECEiVIDER 19, 1961, AS INSTRUMENT NO 108910 OF OFFICIAL RECORDS SAID COUNTY; ALSO EXCEPTING TEM3EPROM THAT PORTION CONVEYED TO TM COUNTY OF RIVERSIDE BY DEED RECORDED OCTOBER 3, 1968 AS INSTRUMENT NO.95403 OF OFFICIAL RECORDS OF SAID COUNTY; TOaerE R WMi TBE EAST HALF OF TIE WEST HALF OF TM EAST TMEE- QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF TIE SOUTBERLY LINE OF THAT CERTAIN PERP mAL RIGHT OF WAY DEDICATED TO THE COAL U A VALLEY STORM WATER DISTRICT OF RIVERSIDE COUNTY BY A FINAL DECitEE OF CONDMANATION RECORDED OCTOBER 6, 1923 IN BOOK 591, PAM 223 OF DEEDS, RECORDS OF SAM COUNTY; i_E? 4738GO LLA 94-181 / PARCEL 1 .90588 ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 13, 1936, IN BOOK 268, PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; THE ATTACHED PLAT LABELED EXHIBIT "B" IS HEREBY MADE A PART OF THIS DESCRIPTION PREPARED UNDER MY SUPERVISION 'o00.6 LA Vo SG y E. sp 9 /� G Ne. STt9 10M S011JF, P.L.S. 5749 ATE * Em 12a» ,k SE EXPIRES 12131/99 sr �TF OC CJ,t►fr 19 9i�588 '447386O '-S. -L827 EXHIBIT "B" TO EmBiT "C" FOUNO NOTHING. ESTABUSKEO ACCri' i cD. AS C INT. 7M CL. i1ES. ACCEPTED AS WESTWARO HO �. OUNE DEPICTION OF PROJECT SITE q INT. `iESTWARO HO & PALMS, AND AS N. 1 /4 JEFFERSON. AND AS N.E. COR. SEC Z9. 7 SS. R7E COR SEC 29. TSS. R7E _ 496_72' (496.67) WE�'fWARD_ HQ-1493:99_(1493.83') N09'3B'21'E 12654.2W. (N69-36'21'E 654.OW) I (N89'38'21'E 2654.00' PER M NO. 2180. 41 7-39 MAPS) 1T LINE OF EAST 1 /2 OF c i o I I EAST 3/4 OF N.E. QUARTER a < _ I I FIESTA ORWE OF SEC. 29. T3S. R11E �' < �--- - - f ice-- WEST LINE OF EAST 1 /4 OF N.E. QUARTER OF a z c to I �W n I SEC. 29. T55. R11E L, ,� I ; Za I t ROADRUNNE>k LANE 1� C N��WZ+ I J �����- V k.+ �alow SQUTHERLY UNE OF' `J I 'Ai us�� - --r T�1ii11A�CCTT NO. 2150 a 1 - 1 i Z tr n~ of I 41(/37-39 MAPS I I 1 0101 c ILA"� d�I� Ic ►. W I � �i, ►�- n � C3 r ��� N08TH LINE WITEWATER , r I� I WUW�N — L STDRM (CHANNEL{ � NO — PARCE2 j 1 z = I WHITEWATE3i STORM C1iAN�E1. C T I m I PER i 91/Z23 13EMS 1 `A I I EXISMNG I I 4W LOT UNE-----i SOUTH LINE VKMAM aj•".0 I _ I I I STORM aAraro. PER n IEWJ S91/223 o®s I I ' LOT UNEI —WEST UK OF-mv I • I I 1 /2 of N.E QJAKM I OF SEC. 22. = R11E �ARCEi. 1 I$ I I I I INSTR. NO. 1=910 O.R. FO. 19.P., LS. 5570 SOUTH I/Im I FW.1'I.P. 5s70 CeMet or HE I AS rg INT. i SEG 22. �. R'1E 4 INSTR. N0. 95403 OR. AND CCf= SEC 291 20/7.4 OAR. I I . TOL WE ---- i 1_ B - 1967.37 (19a1.12,11 N69'39'53'E MD-5o' (N69'4WMOE 2633.0 (Nd9'43'14'E 2650.14' PER cAL--TRANS MONUI+IENT MAP A3(32-=4-=) RECORD PER TRACT No 2567. 50/64-65 MAPS. UNLESS OTHERVASE NOTED. MLE: PLAT TO ACCOMPANY (� KCAL DESCRIPTION t� LOT LINE ADJUSTMENT a No. 94—; 81 scul: ,•-= F0. 1'1.P. 140 NUMBER WIMIMAS'C INT. JUMSON 8e HWY 11 AND AS E. .1 /4 COI. SEC. 29. T5L - 7m=.,- ' ]ntMall, .i.ilC.20 PIEPA U ER T -'re: o nor A ON 0111 4 • PWwp • & q • Pale wdtks t7Q1 Nomporl km6 SM 200 . lift CA 92UO-T= • TUM4-3404 P.1..5. 3749 9fl588 4738GO EXHIBIT "C" TO EXHIBIT "C" LEGAL DESCRIPTION OF DEDICATED PROPERTY PROPERTY TO BE DEDICATED ALONG JEFFERSON STREET THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ALSO BEING A PORTION OF PARCEL 1, AS SHOWN ON LOT LINE ADJUSTMENT NO. 94-181, RECORDED OCTOBER 22, 1996 AS INSTRUMENT NO. 96-404708 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THAT CERTAIN EASEMENT GRANTED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT IN A DOCUMENT RECORDED JUNE 23, 1960 IN BOOK 2719, PAGE 62 OF OFFICIAL RECORDS OF SAID COUNTY, WITH THE WESTERLY LINE OF JEFFERSON AVENUE, 44 FOOT HALF -WIDTH, AS DESCRIBED IN THAT CERTAIN DEED TO THE COUNTY OF RIVERSIDE, RECORDED DECEMBER 19, 1961 AS INSTRUMENT NO. 108910 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 0°04'39" EAST 780.87 FEET ALONG SAID WESTERLY LINE TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, ALSO BEING THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 3, 1968 AS INSTRUMENT 95403 OF OFFICIAL RECORDS OF SAID COUNTY, THROUGH A CENTRAL ANGLE OF 6053'32", AN ARC LENGTH OF 3.61 FEET TO A POINT ON A NON -TANGENT LINE, SAID LINE BEING PARALLEL WITH AND DISTANT NORTHERLY 86.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF HIGHWAY 111, AS SHOWN ON CAL -TRANS MONUMENT MAP A302-0004-006; THENCE SOUTH 89°58'19" WEST 66.81 FEET ALONG SAID PARALLEL LINE TO A POINT OF. CUSP THAT IS THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°02'58", AN ARC LENGTH OF 47.15 FEET; THENCE NORTH 0004'39" WEST 45.94 FEET; THENCE NORTH 0°57'51" EAST 113.94 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 229.44 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 °21'59", AN ARC LENGTH OF 45.52 FEET TO A POINT OF REVERSE CURVE, SAID REVERSE CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 229.44 FEET; THENCE NORTHERLY ALONG LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 11021'59", AN ARC LENGTH OF 45.52 FEET; THENCE NORTH 21 4'738GO 005751" EAST 345.79 FEET; THENCE NORTH 0004'39" WEST 152.41 FEET TO A POINT ON SAID SOUTHERLY LINE OF THE COACHELLA VALLEY COUNTY WATER DISTRICT EASEMENT, SAID SOUTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 3500.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 18046'53" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 0° 1$'41 ", AN ARC LENGTH OF 19.02 FEET TO THE POINT OF BEGINNING; 22 . 1 �1 n. V)I W, C Q 4--90.02'58' I QE R=30.00' T=30.03' L=47.15' 08 N00'04'39'W 45.94' EXHIBIT DTO MIBIT "C" WESTWARD HO A- 06'53' 3 2" R=30.00' T=1.81' WEST LINE OF EAST--1/2 OF QF N89-58-19-E I EAST 3/4 OF ;N.E. QUARTER 66.81' 1 OF SEC. 29, T5S, R11E © N00'57'51"E 113.94' —WEST UNE OF EAST 1/4 Qp p=11'21'59' I I I OF N.E. QUARTER OF 4'738GO R= 229.44 SEC. 29, T5S, R11 E \Z T=22.83' I WEST UNE OF EAS� 1 /2 OF WEST I \> L=45.52 I 1/2 OF EAST 3/4 OF N.E. QUARTER OF SEC. 29, T5S, 011E I p=00118'41' I R-3500.00' \, 1 I PARCEL Z T=9.51' \? 1 1 LLA 94-1q1 L=19.02' 96-404708 O.R. SOUTIi UNE WHITEWATER STORM CHANNEL PER 591 /123 DEEDS N00'04'39'W< 1 152.41 - SOUTH UNE OF ---;-- I I CHANNEL EASEMENT PER 2719/62 O.R. inrc, PARCEL! 1 g: 1 LLA 94 1181 =" 1 96-404708 O.R. INSTR. NO. 108910 O.R., LWEST LINE OF1 EAST 1 r�7(RAD) BOO C -- 1 1 /2 OF N.E. QUARTER I (RAD) OF SEC. 29, j5S, R 11 E & H1(VY 111 FUTURE HWY 111 C PER CALTRANS o I i RIGHT OF WAY -�--�— -- --J-- 268/24 O.R—ni --�--� S. UNE N.E. 1 /4 SEC. 29, T5S, RX 1490.67' N89'39'22'E 2650.08' THE BASIS OF BEARINGS IS THE CENTERLINE OF JEFFERSON AVENUE BEING N00'04'39'W PER TR. NO. 2180, 41/37-39 MAPS. TITLE: PLAT TO ACCOMPANY LEGAL DESCRIPTION OF FUTURE RIGHT-OF-WAY (JEFFERSON AVENUE) ME Off , Ul & Forem� Inc. t rWhwk►0 Mtra00 S+rvwoe0 9 Public Works 13821 Newport Ave. SdU 200 • Tudir% CA 92680-7803. 714/544-3404 DATE OF PREPARATION: 11 20 11 INSTR. NO. 95403 O.R: r I 'vi t� N P.03 62' i3 VO o(c rg lz� r 44' I�-80.65' 31 2' A E F i ApQZ•X _-J CORNER DETAIL N.T.S. N ®= FUTURE RIGHT-OF-WAY 23 1 SCALE: 1'=250' JOB NO. 5134-002- 90588 473860 EXHIBIT "E„ To EXHIBIT "C" LEGAL DESCRIPTION OF DEDICATED PROPERTY PROPERTY TO BE DEDICATED FOR RIGHT-OF-WAY ON HIGHWAY I I I THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ALSO BEING A PORTION OF PARCEL 1, AS SHOWN ON LOT LINE ADJUSTMENT NO. 94-181, RECORDED OCTOBER 22, 1996 AS INSTRUMENT NO. 96-404708 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 3, 1968 AS INSTRUMENT NO. 95403 OF OFFICIAL RECORDS OF SAID COUNTY, WITH A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 86.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF HIGHWAY 111, AS SHOWN ON CAL - TRANS MONUMENT MAP A302-0004-006, SAID NORTHWESTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY, HAVING ' A RADIUS OF 30.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID NORTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 82°50'29", AN ARC LENGTH OF 43.38 FEET TO A TANGENT LINE, SAID TANGENT LINE BEING THE NORTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 13, 1936 IN BOOK 268, PAGE 24 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 89039'22" WEST 1416.86 FEET ALONG SAID NORTHERLY LINE TO ITS INTERSECTION WITH THE WESTERLY LINE OF THE EAST HALF OF THE WEST HALF OF THE EAST THREE-QUARTERS OF SAID NORTHEAST QUARTER OF SECTION 29; THENCE NORTH 0°07'49" WEST 34.23 FEET ALONG SAID WESTERLY LINE TO ITS INTERSECTION WITH SAID LINE THAT IS PARALLEL TO THE CENTERLIIN'E OF HIGHWAY 111; THENCE NORTH 89058'19" EAST 1446.52 FEET TO THE POINT OF BEGINNING. 24 EXHIBIT F TO- EXHIBIT 90sa8 4738GO WESTWARD HO Ci l I I I +I 1-� WEST LINE OF I EAST 1 /2 OF 0 f EAST 3/4 OF IN.E. QUARTER n OF SEC. 29, 7S, R11E I Imo ---WEST LINE OF EAST 1/4 I I 1 1 OF N.E. QUARTER OF �— WE4T LINE OF EAST 1 /21 OF WEST I SEC. 29. T5S, R11E I I 0 I 1/Z OF EAST 3/4 OF N.F. QUARTER C I I OF EC. 29, T5S, R11E I 1 I I PARCEL I na.' I I I LLA 94-1 q1 96-404708 O.R. w zIL I L-- WEST LINE OF1 EAST 1 1 /2 OF N.E. QUARTER OF SEC. 29, T5S, R11E 44' i—SOUTH LINE WHITEWATER 1 STORM CHANNEL PER I 591/223 DEEDS I I FUTURE JEFFERSON AVE. RIGHT OF WAY PARCEL 1 I LLA 194-181 I 96-404708 O.R. I �HWY111 N00'07'4 i "W PE i CALTRANS 34.23' i I N89'56'19'E 14 j N89.39 22 IF HIGHWAY 1416 — —�� — 1490.67' S. LINE N.E. 1 /4 N89'39'22" E 2650.08' SEC.29, T5S, R7E to ao THE BASIS OF BEARINGS IS THE CENTERLINE OF JEFFERSON AVENUE BEING NO'04'39"W PER TR. NO. 2180, 41/37-39 MAPS. TITLE: PLAT TO ACCOMPANY LEGAL DESCRIP110N OF FUTURE RIGHT—OF—WAY (STATE HIGHWAY 111) ON ®v Hall & Fbrem.arn Inc. ®n r Al Civil Engineering • Planning • Surveying • Public Wo►Iw 13821 Newport Ave.. Suite 200 • Tustin, CA 92680-7803 • 714/544-3404 DATE OF PREPARATION: 11 j07 96 INSTR. NO. 108910 O.R. 111 O.R. INSTR. NO. 95403 0. OA a=82'50'29" R=30.00' T= 26.47' L= 43.38' I'A 1� �8 z ram-- 44' .O.B.I A (RAD) �L P.O.B. nlco zl CORNER DETAIL N.T.S. N ®= FUTURE RIGHT—OF—WAY 251 SCALE. I'-25V JOB NO. 5134-002 93588 4738GO EXHIBIT "G" TO EXHIBIT "C" LEGAL DESCRIPTION OF EXISTING RIGHT-OF-WAY OF JEFFERSON STREET THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO THE COUNTY OF RIVERSIDE, RECORDED DECEMBER 19, 1961 AS INSTRUMENT NO. 108910 OF OFFICIAL RECORDS OF SAID.COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED IN SAID DEED AS FOLLOWS: THE EASTERLY RECTANGULAR 44 FEET OF THE EASTERLY 1485 FEET OF THE NORTHEAST QUARTER OF SECTION 29, T. 5 S., R. 7 E., S.B.B.M., LYING SOUTH OF THE COACHELLA VALLEY COUNTY WATER DISTRICT FLOOD CHANNEL. EXCEPTING THEREFROM THAT PORTION THEREOF IN STATE HIGHWAY 64- Q 1 I �I a. to I W� Z, M� 0 EXHIBIT H TO EXHIBIT 11C11 90588 WESTWARD HO L--WEST LINE OF(EAST 1/2 OF EAST 3/4 OF IN.E. QUARTER OF SEC. 29, TIPS, R11E I I i I+ -- WEST LINE OF EAST 1/4 I I I I OF N.E. QUARTER OF I''-- WET LINE OF EAST 1 /21 OF WEST I SEC. 29, TSS. R11E 1/2�OF EAST 3/4 OF NJE. QUARTER OF EC. 29, T5S, R11E PARCEL 2j 4738GO LLA 94-1 q1 96-404708 Q.R. i I I 44 I I SOUTH LINE WHITEWATER ' I ( STORM CHANNEL PER i 591/223 DEEDS �— WEST LINE OFI EAST 1 /2 OF N.E. QUARTER OF SEC. 29, T5S, R11E I t� ARCEL 1 LEA 94-181 96-404708 O.R. INSTR. I 268/24 O.R. HIGHWAY _ 1490.67' N89'39'22"E 2650.08' THE BASIS OF BEARINGS IS THE CENTERLINE OF JEFFERSON AVENUE BEING NO'04'39"W PER TR. NO. 2180, 41/37-39 MAPS. nTLE: PLAT TO ACCOMPANY LEGAL DESCRIPTION OF EXISTING RIGHT—OF—WAY (JEfFERSON AVENUE) MH®EI' Hall & Foreman, Inc. Eis F A Civil Engineering • Planning • Surveying • Public Works 13821 Newport Ave., Suite 200 • Tustin, CA 92680-7803 • 714/544-3404 NO. 108910 O.R. INSTR. NO. 95403 O.R. 111 44' W M 3 CA ® — EXISTING RIGHT—OF—WAY SCALE: 1 "-250` DATE OF PREPARATION: 11 /07/96 27 JOB NO. 5134-002 90588 4738G0 EXHIBIT "I" TO ERHIBIT "C" PUBLIC FACILITIES JEFFERSON STREET IMPROVEMENTS - SEE JEFFERSON STREET IMPROVEMENT PLANS ITEM QUANTITY UNIT UNIT COST TOTAL COST 6" Curb and Gutter 800 LF $ 10.00 $ 8,000 8" Median Curb 150 LF 9.50 1,425 Meandering Sidewalk 4,500 SF 2.50 11,250 Cross Gutters/Spandrel 1,200 SF 3.50 4,200 Unclassified Excavation/Removal 860 CY 10.00 8,600 5-1/2" A.C. Over 6-1/2" Base 23,200 SF 2.25 52,200 Misc. Signing and Striping 1 LS 7,500.00 7,500 Access Ramps 4 EA 750.00 3,000 Parkway Landscaping 9,600 SF 2.00 19,200 Relocate Signs 5 EA 150.00 750 Relocate Electric Meters 2 EA 350.00 700 Remove AC Paving 1,400 SF 0.60 840 Remove Curb 150 LF 3.00 450 Adjust To Grade 1 EA 250 250 Total Estimated Cost $118,365 HIGHWAY 111 IMPROVEMENTS - SEE HIGHWAY I I I STREET IMPROVEMENT PLANS ITEM 6" Curb and Gutter 5 1/2" A.C. Over 6 1/2 Base Meandering Sidewalk Cross Gutters/Spandrel Unclassified Excavation/Removal Catch Basin 24" RCP Pipe QUANTITY UNIT UNIT COST TOTAL COST 1,300 LF $ 10.00 $ 13,000 28,600 SF 1.50 42,900 10,400 SF 2.50 26,000 1,200 SF 3.50 4,200 1,600 CY 10.00 16,000 1 EA 3,500.00 3,500 50 LF 48.00 2,400 28 90588 4738GO Signing and Striping 1 LS 7,500.00 7,500 Access Ramps 7 EA 750.00 5,250 Parkway Landscaping 28,600 SF 2.00 57,200 Signal Modifications - Jefferson Street 1 LS 50,000.00 50,000 New Signal - Project Entrance 1 LS 90,000.00 90,000 18" Off Site Waterline to Dune Palms 1,900 LF 45.00 85,500 Connection to Existing Dune Palms Waterline 1 EA 10,000 10,000 18" Butterfly Valves 5 EA 2,500.00 12,500 6" Blow Off 1 EA 1,500.00 1,500 2" Air -Vac Valve I EA 1,000.00 1,000 Misc. Fittings I LS 5,000.00 5,000- Total Estimated Cost $433,450 WHITEWATER CHANNEL LINING IMPROVEMENTS - SEE CHANNEL LINING PLANS ITEM QUANTITY UNIT UNIT COST Channel Lining (Includes Excavation) 840 LF $250.00 Liner Wrap Around I LS 30,000.00 CVWD Connection Fee 1 LS 4,800.00 Outlet Structure 1 LS 15,000.00 Total Estimated Cost ELECTRICAL UNDERGROUNDING - IID PLANS (JEFFERSON STREET AND HIGHWAY 111) ITEM QUANTITY UNIT UNIT COST Undergrounding I LS $350.000 Total Estimated Cost TOTAL COST $210,000 30,000 4,800 15,000 $259,800 TOTAL COST $350,000 $350,000 Peg 90588 4738GO EXHIBIT "J" To EXHIBIT "C" STANDARD CITY FORM Provide a copy of a completed State Board of Equalization Sales Tax Report. 30 90588 473860 EXHIBIT "D" SPECIFIC PLAN JEFFERSON PLAZA SPECIFIC PLAN CITY OF LAOUINTA PLANNING DEPARTMENT PREPARED BY: GREENBERG FARROW ARCHITECTURE ARCHITECTURE - ENGINEERING - PLANNING 15101 REDHILL AVENUE / SUITE 200 TUSTIN, CA 92680 (714) 259-0500 IN ASSOCIATION WITH: THE KEITH COMPANIES 2955 Redhill Ave. . Costa Mesa, CA 92626 (714) 540-0800 FOR: THE HOME DEPOT U.S.A. 601 SOUTH PLACENTIA FULLERTON, CA 92631 Octooer 1996 12790.001.2441.9999. W PD.00 90588 4738GO EXHIBIT "E" CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 96-028 SEPTEMBER 17, 1996 1. The development shall comply with Specific Plan 96-027, and all applicable Conditions of Approval. 2. The approval of the Conditional Use Permit shall run concurrently with Specific Plan 96-027. 90558 47 3SGo JEFFERSON PLAZA SPECIFIC PLAN OUTLINE SECTION 1.0 SUMMARY 1.10 PURPOSE 1.20 SPECIFIC PLAN SUMMARY 1.20.1 PROJECT SUMMARY 1.20.2 PROJECT OBJECTIVES 1.20.3 PROJECT CHARACTERISTICS 1.20.4 MASTER DESIGN THEME SECTION 2.0 MASTER PLANS 2.10 PROJECT DESCRIPTION 2.20 DEVELOPMENT PHASING PLAN 2.20.1 PHASING PLAN DESCRIPTION 2.20.2 GRADING 2.20.2.1 UNDEVELOPED LAND 2.20.2.2 FLOOD PROTECTION 2.20.2.3 GEOTECHNICAL REPORT 2.20.2.4 GRADING PLAN 2.20.2.5 PAD ELEVATIONS 2.20.3 PHASING PLAN 2.25 PROJECT OPERATIONS 2.25.1 TRASH RECYCLING 2.30 ARCHAEOLOGY 2.40 DRAINAGE PLAN 2.40.1 DRAINAGE PLAN DESCRIPTION 2.40.1.1 CHANNEL LINING 2.40.1.2 STORM WATER RETENTION 2.40.1.3 NUISANCE WATER 2.40.1.4 TRICKLING SAND FILTER AND LEACHING October 1996 12790.001.2"1.9999. W PD.00 99588 4738GO 2.40.1.5 RETENTION BASIN 2.40.1.6 HISTORIC DOWNSTREAM DRAINAGE 2.40.2A DRAINAGE PLAN 2.50 WATER PLAN 2.50.1 WATER SERVICE DESCRIPTION 2.50.2A WATER PLAN 2.60 SEWER PLAN 2.60.1 SEWER SERVICE DESCRIPTION 2.60.2A SEWER PLAN 2.70 CIRCULATION PLAN 2.70.1 PROJECT AREA BACKGROUND 2.70.2 CIRCULATION DESCRIPTION 2.70.3 PUBLIC TRANSPORTATION/TDM 2.70.4 AIR QUALITY 2.70.5 STREET AND TRAFFIC IMPROVEMENTS 2.70.5.1 MINIMUM STREET IMPROVEMENTS 2.70.5.2 ACCESS POINTS 2.70.5.3 IMPROVEMENT APPURTENANCES 2.70.5.4 PAVEMENT SECTIONS 2.70.A CIRCULATION PLAN - OFFSITE 2.70.B CIRCULATION PLAN - ONSITE 2.80 SIGNAGE 2.80.1 LOCATIONS ON SITE 2.80.2 BUILDING SIGNAGE LOCATIONS - MAJOR TENANTS 2.80.3 BUILDING SIGNAGE DETAILS - MAJOR TENANTS 2.80.4 BUILDING SIGNAGE - MINOR TENANTS 2.80.5 MONUMENT SIGNS 2.90 LANDSCAPE CONCEPT 2.90.1 DEVELOPMENT STANDARDS 2.90.1.1 LANDSCAPE SHADING REQUIREMENTS FOR PARKING LOTS 2.90.1.2 LANDSCAPE MAINTENANCE ockww Im 90588 4738GO 2.90.1.3 LANDSCAPE DEVELOPMENT STANDARDS 2.90.1.4 LANDSCAPE SCREENING 2.90.2A PLANT PALETTE AND LANDSCAPE PLAN SECTION 3.0 SPECIFIC PLAN 3.10 LAND USE 3.20 ZONING 3.20.1 OUTDOOR SALES 3.20.2 ZONING STANDARDS 3.20.3 DEVIATIONS FROM ZONING CODE 3.20.3.1 PARKING STALL SIZE 3.20.3.2 NUMBER OF PARKING STALLS PROVIDED 3.20.3.3 PERCENTAGE OF LANDSCAPE AREA PROVIDED 3.20.4 PERMITTED USES 3.30 SPECIFIC DESIGN FEATURES 3.30.1 SCREENWALL 3.30.2 SCREENING OF ROOFTOP EQUIPMENT 3.30.3 UTILITY ENCLOSURES 3.30.4 CART STORAGE 3.30.5 EXTERIOR LIGHTING 3.40 PROPERTY RIGHTS 3.40.1 RIGHT OF WAY UTILITY EASEMENTS 3.40.2 UTILITY EASEMENTS 3.40.3 CITY ENTRY SIGN 3.50 UTILITIES 3.50.1 EXISTING UTILITIES 3.50.2 UNDERGROUND UTILITIES APPENDIX A. RESOLUTIONS AND CONDITIONS OF APPROVAL FOR PHASE I October 1996 12790.001.2441.9999. W P D.00 4738GO SECTION 1.0 SUMMARY 1.10 PURPOSE 1.20 SPECIFIC PLAN SUMMARY 1.20.1 PROJECT SUMMARY 1.20.2 PROJECT OBJECTIVES 1.20.3 PROJECT CHARACTERISTICS 1.20.4 MASTER DESIGN THEME October 1996 12790.001.2441.9999. W P D.00 90588 47;3860 1.10 PURPOSE The purpose of this specific plan is to provide an overview and analysis of the proposed project for the property at the corner -of Highway 111 and Jefferson Ave. The subject site in this report shall be referred to as "Jefferson Plaza". Additionally, this document augments the City's Zoning Code in terms of establishing permitted uses and setting forth particular design guidelines and development standards that are unique to the applicant and anchor tenant. It should be noted that where this document is silent on any matter, the City's Zoning Code shall apply. October 1996 12790.001.2"1. 9999. W P D.00 4738GO 1.20 SPECIFIC PLAN SUMMARY 1.20.1 Project Summary: The proposed Jefferson Plaza project is a 24.88 actual (20.32 useable) acre site located at the northwest corner of Highway 111 and Jefferson. This site is immediate to the City limits with the City of Indio. The property involved is that area between 111 and the Coachella Valley Water District Storm Drain Channel to the north. This project will provide approximately 217,000 sq. ft. of retail space with contingent parking and landscaping areas. 1.20.2 Project Objectives: This project has been developed to provide retail and commercial space that would be easily available to the majority of people in the eastern and middle Coachella Valley. The project should provide additional retail shopping facilities to the communities of Palm Desert, Bermuda Dunes, Indian Wells, La Quinta, Indio, Coachella and beyond. 1.20.3 Project Characteristics: Based on additional review a preliminary study of the Jefferson Plaza Project, the following conclusions are also drawn: 1. The site' has an unencumbered direct access via Jefferson Ave., from Interstate 10 to Highway 111. 2. The project site is within the "High Power" .development of the La Quinta/Highway 111 commercial corridor. 3. The subject parcel windows on both Highway 111 and Jefferson Ave., therefore drawing direct special advantages from both of these arteries. 4. Both the required zoning and general plan designation allow for this development on this site. 5. Review of the market of the area denotes great interest in the location (and re -location) of businesses to the "La Quinta Commercial Corridor". The site for the Jefferson Plaza places this project at an important crossroads of this "Commercial Corridor". 6. Circulation, Traffic Control and required Utility infrastructure are present at the site. 7. This project would place a commercial development of a viable size, which could be absorbed by the area market at the doorstep of the City of La Quinta, thus providing the opportunity for the City to additionally draw from the greater Indio Market Area with it's concentration of stable, year-round resident families. 1.20.4 Master Design Theme: The Jefferson Plaza has been designed in a contemporary desert architecture style using simplified colonnades with concrete tile roofs. Additional architectural elements such as textured finishes, formed cornices and accent reveals will be used to further enhance the buildings. The Garden Center will be surrounded by a fence composed of a low splitface CMU wall with split face columns supporting security mesh fencing fabric. The landscaped setbacks along Hwy 111 and Jefferson Street will contain meandering sidewalks with a variety of trees, shrubs and flowers. This, along with the parking lot landscaping should provide an inviting atmosphere for the center. October 1996 12790.001.2441.9999. W P0.00 4738GO SECTION 2.0 MASTER PLANS 2.10 PROJECT DESCRIPTION LAND USE (SEE SECTION 3.0) 2.20 DEVELOPMENT PHASING PLAN 2.20.1 PHASING PLAN DESCRIPTION 2.20.2 GRADING 2.20.2.1 UNDEVELOPED LAND 2.20.2.2 FLOOD PROTECTION 2.20.2.3 GEOTECHNICAL REPORT 2.20.2.4 GRADING PLAN 2.20.2.5 PAD ELEVATIONS 2.20.3 PHASING MAP 2.25. PROJECT OPERATIONS 2.25.1 TRASH RECYCLING 2.30 ARCHAEOLOGY 2.40 DRAINAGE PLAN 2.40.1 DRAINAGE PLAN DESCRIPTION 2.40.1.1 CHANNEL LINING 2.40.1.2 STORMWATER RETENTION 2.40.1.3 NUISANCE WATER 2.40.1.4 TRICKLING SAND FILTER AND LEACHFIELD 2.40.1.5 RETENTION BASIN 2.40.1.6 HISTORIC DOWNSTREAM DRAINAGE 2.40.2A DRAINAGE PLAN 2.50 WATER PLAN 2.50.1 WATER SERVICE DESCRIPTION 2.50.2A WATER PLAN October 1996 12790.001.2441.9999. W P D.00 90588 4'73860 2.60 SEWER PLAN 2.60.1 SEWER SERVICE DESCRIPTION 2.60.2A SEWER PLAN 2.70 CIRCULATION PLAN 2.70.1 PROJECT AREA BACKGROUND 2.70.2 CIRCULATION DESCRIPTION 2.70.3 PUBLIC TRANSPORTATION/TDM 2.70.4 AIR QUALITY 2.70.5 STREET AND TRAFFIC IMPROVEMENTS 2.70.5.1 MINIMUM STREET IMPROVEMENTS 2.70.5.2 ACCESS POINTS 2.70.5.3 IMPROVEMENT APPURTENANCES 2.70.5.4 PAVEMENT SECTIONS 2.70.A CIRCULATION PLAN - OFF SITE 2.70.E CIRCULATION PLAN - ON SITE 2.70.0 HWY 111 AND JEFFERSON STREET - LANE CONFIGURATION 2.80 SIGNAGE 2.80.1 LOCATIONS ON SITE 2.80.2 BUILDING SIGNAGE LOCATIONS - MAJOR TENANT 2.80.3 BUILDING SIGNAGE DETAILS - MAJOR TENANT 2.80.4 BUILDING SIGNAGE - MINOR TENANTS 2.80.5 MONUMENT SIGNS 2.90 LANDSCAPE CONCEPT 2.90.1 DEVELOPMENT STANDARDS 2.90.1.1 LANDSCAPE SHADING REQUIREMENTS FOR PARKING LOTS 2.90.1.2 LANDSCAPE MAINTENANCE 2.90.1.3 LANDSCAPE DEVELOPMENT STANDARDS 2.90.1.4 LANDSCAPE SCREENING 2.90.2A PLANT PALETTE AND LANDSCAPE PLAN October 1996 12790.001.2441.9999. W P0.00 4'738GO 2.0 MASTER PLANS 2.10 PROJECT DESCRIPTION Jefferson Plaza is designed to provide approximately 217,000 square feet of retail commercial space, when complete. This plan , however, deals primarily. with Phase I. Phase 11 is still in the development stage and exact particulars (such as number & SF of buildings) are unknown at this time. The Phase 1 area consists of : The Home Depot at 105,700 square feet with a 24,102 square foot Outdoor Garden Center as the major anchor. The Phase 11 area will have various future retail tenants ranging in size from 2,600 square feet to 41,000 square feet. The buildings will be built in phases as outlined below. The center shall include parking for approximately 1,146 cars including compact and handicap spaces. Jefferson Plaza will be developed in two phases, providing flexibility in the construction based on the demand created by the tenant/users. Each phase could be built out alone or in conjunction with any other or all other phases. The completed center will provide a unified concept although each phase will be designed to stand on its own merit as the project is developed. Each phase to be developed a as follows: Phase 1 - +/- 129,800 SF Phase 2 - +/- 87,000 SF (only an approximation) 2.20 DEVELOPMENT PHASING PLAN 2.20.1 Description The Jefferson Plaza center is designed to be developed in a series of two phases. These phases are described as follows: Phase 1 Phase one of Jefferson Plaza is designed to be the focal point of the center. This phase would include two entrances off the Highway 111 into the main parking field and two entrances off of Jefferson street. The Home Depot building would serve as the major anchor tenant built in the contemporary desert architectural style with a large entry element and a colonnade extending to the west across the front of the building. On the Eastern side there will be an open air garden center surrounded by a fence composed of a low splitface CMU wall with split face columns supporting security mesh fencing fabric. Perimeter and parking lot landscaping will also be part of Phase I. . October 1996 12 790.001.2441.9999. W P D. 00 4'738GO Phase 2 Phase two of the project could be designed to include a major retail store with secondary stores on either side and possibly pad buildings in the main parking field. The facades of the Phase two building will be stepped or architecturally treated to visually individualize the tenant buildings. Also included would be a secondary access to 111, additional parking and landscaped parkway at the south (Highway 111) property line, and a continuation of a service access drive at the rear of the building(s). This service access will provide employee parking areas and truck service at rear of the property, linking Jefferson and 111 at the rear. 2.20.2 Grading 2.20.2.1 Undeveloped Land Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 2.20.2.2 Flood Protection The applicant shall comply with the City's Flood Protection Ordinance. 2.20.2.3 Geotechnical Report The applicant shall conduct a thorough preliminary geological and soils engineering investigation and shall submit the report of the investigation ("the soils report") with the grading plan. 2.20.2.4 Grading Plan A grading plan, which may be combined with the on -site paving and drainage plan, shall be prepared by a registered civil engineer and must meet the approval of the Public Works Director prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. 2.20.2.5 Pad Elevations Prior to construction of any building, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. October 1996 12790.001.2441.9999. W PD.00 1. N Q J CL z 0 cr LL LL 2.20.3 I ° F ill, - ----r - 4738GO � J V J (P a z U) CL 90588 4738GO 2.25 PROJECT OPERATIONS 2.25.1 Trash Recycling Plan for adequate trash recycling provisions for each phase as constructed shall be approved by the Community Development Department prior to Certificate of Occupancy. Plan to be reviewed for acceptability by applicable trash company prior to City review. 2.30 ARCHAEOLOGY A cultural resources survey was undertaken by The Keith Companies Cultural Resources Division to identify and assess cultural resources on the subject site. For complete study see report dated April, 1996. Prior to issuance of any grading or building permits, or ground disturbance, mitigation measures as recommended by the Archaeological Assessment for the site shall be completed at the applicant/developer's expense. This consists of having an archaeological monitor on site during grading and earth disturbance operations. 2.40 DRAINAGE PLAN 2.40.1 Drainage Plan Description Background: Project site is situated on the north side of Highway 111 and west of Jefferson Ave. The natural slope of the land is to the north and south with the highest portions of the site towards the center. The drainage concept for the site is to drain storm water runoff away from the buildings and sheet flow towards the southeast. The points of flow concentration will be picked up in an underground storm drain system that will run northerly to the Whitewater Channel Storm Drain where all of the on -site flows are proposed to outlet. 2.40.1.1 Channel Lining The applicant shall provide channel lining along the south bank of the Whitewater Storm Channel adjacent to the project site. The Channel lining shall be designed and constructed in accordance with the requirements of the Coachella Valley Water District and the Director of Public Works. 2.40.1.2 Stormwater Retention Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development unless drainage to the Whitewater October 1996 12790.001.2441.9999. W PD.00 CL z a: w LL U. w �D 2.40.2A 90588 4738G4 N j I v�g oaa —gat— Oil eI z a a. w C� Q z a: 0 9�588 47:38G0 2.50 WATER PLAN 2.50.1 Water Service Description Preliminary analysis of the site and conference with Coachella Valley Water District (CVWD) officials has provided the following preliminary conclusions concerning future water service for the project. The existing water service in the area would be inadequate for the development of Jefferson Square as the map showing existing lines indicates. The Coachella Valley Water District has indicated that there would need to be a new 18 inch diameter water supply line/loop through the project within an easement dedicated to CVWD. The 18" water line will join an existing water line in Jefferson Street and continue west through the site to Dune Palms Street. 2.50.2A Water Plan (see accompanying exhibit) October 1996 12790.001.2441.9999. W PD.00 90568 473860 2.50 WATER PLAN 2.50.1 Water Service Description Preliminary analysis of the site and conference with Coachella Valley Water District (CVWD) officials has provided the following preliminary conclusions concerning future water service for the project. The existing water service in the area would be inadequate for the development of Jefferson Square as the map showing existing lines indicates. The Coachella Valley Water District has indicated that there would need to be a new 18 inch diameter water supply line/loop through the project within an easement dedicated to CVWD. The 18" water line will join an existing water line in Jefferson Square and continue west through the site to Dune Palms Street. However, if for Phase I it can be shown that the fire flow requirements are met by extending a water line to the limits of the Phase I boundary only, CVWD has agreed to delay the waterline extension to Dune Palms until the development of Phase II. This line and any additional water lines would be fully designed and developed as the needs of the center progresses and in conjunction with Coachella Valley Water District's requirements and recommendations. 2.50.2A Water Plan (see accompanying exhibit) October 19% 12790.001.2441.9999. W PD.00 4738GO y . m 2.50.2A 9C.588 2.60 SEWER PLAN 4738G0 2.60.1 Sewer Service Description Preliminary analysis of the existing and proposed site and conferences with Coachella Valley Water District (CVWD) has provided the following conclusions. The site will be served with a sewer main that will tie into the existing sewer lift pump station (CVWD LS-55-12) at the northeast corner of the site. The existing pump station is located within the property limits but also within the Whitewater Channel Storm Drain easement. The proposed sewer main will run within a CVWD easement westerly through the northerly portion of the site to service the Home Depot parcel as well as the future parcel to the west. The sewer main from the existing pump station to the site boundary is expected to be a 15" VCP mainline. The on -site public sewer system that will service the commercial parcels will be an 8" VCP mainline. 2.60.2A Sewer Plan (see accompanying exhibit) October 1996 12 790.001.2441.9999. W P D.00 0 ON W� N —U W 90588 4738GO --------------- N _1 z Q 0. w W CO 90588 4'73860 2.70 CIRCULATION 2.70.1 Project Area Background This project site is located at the northwest corner of the Highway 111 and Jefferson Ave. intersection. This intersection is an important link, via Jefferson, from interstate 10 to the west Indio and La Quinta areas. There is an ongoing review and study of the area by Caltrans and the communities affected, concerning the widening of 111 form 4 lanes to 6 lanes and the ultimate improvement of Jefferson to 6 lanes. In conjunction with this review by Caltrans for the upgraded circulation facilities along the 111 commercial corridor additional developments which are now either under construction or in review process, have studied their respective traffic impacts. The ongoing Caltrans review and study conclusions are being developed with the long range corridor commercial impact of traffic generated on 111. Theses studies of traffic generated by this corridor, precluding the development of Jefferson Plaza have indicated that improvements are necessary. 2.70.2 Circulation Description In accordance with Cal Trans design and policy; the Jefferson Plaza is proposing; as a part of the development of the center, the allowance for the increase in right of way for 111 north Jefferson Street and Highway 111 in the following format: Half street right of way for Jefferson is 62' with on site parking and a 20' landscaped setback for parking areas and buildings. Half street right of way for Highway 111 is 86' with on site parking. and a 17' landscape setback for parking areas and buildings. Traffic access to the site would be segregated. Major customer traffic access would be via two primary access points located at approximately 1325' to the west of the intersection at 111/Jefferson on Highway 111 and 764' to north of the 111/Jefferson intersection on Jefferson. Three additional driveways with right turn in and right turn out movements would be on Highway 111. Two additional driveways with right turn in and right turn out movements would be on Jefferson Street. For all driveways leading from streets, the adjacent perpendicular drive aisle closest to the street shall be provided with stop signs. Additionally, traffic aisles leading to the street shall also be provided with stop signs to insure inbound traffic a continuous, uninterrupted flow into the parking lot. Complete circulation studies and designs shall be developed as required by the progress of the center and needs of the area and in coordination with the City of La Quinta and Cal Trans Development of the 111 corridor. 2.70.3 Public Transportation/TDM Bus waiting shelters shall be provided when the street improvements are installed, as approved by Sunline Transit and the Public Works Director. October 1996 12790.001.2441.9999. W P D.00 9o588 4738GO Prior to issuance of a building permit, the applicant shall submit a Transportation Demand Management Plan (TDM Plan) to the Public Works and Community Development Departments. The Plan shall address capital improvement and operational standards as established in the City's TDM Ordinance. Any transit related improvements required by the Sunline Transit Agency as a condition to development will not constitute compliance with the plan submittal requirements. 2.70.4 Air Quality For the drive through restaurant shown in Phase 2, adequate information shall be submitted to the Community Development Director to show that air quality impacts will not increase when compared to non -drive through uses. 2.70.5 Street Traffic Improvements 2.70.5.1 Minimum Street Improvements The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. Jefferson Street - Major Arterial: 1) Street Improvements - Forty-one feet of southbound travel improvements (accommodating three 12-foot travel lanes, a 5-foot bike lane) plus sidewalk. At the south end, improvements shall transition into 75 feet of southbound travel improvements to accommodate two dedicated 11-foot-wide left-tum lanes and one dedicated 12-foot-wide right -turn lane. 2) Traffic Signal at entrance opposite Vista Grande - Secure 100% of the estimated cost of the improvement. The applicant is responsible for the cost of the signal at the time warrants are met for its installation and may be required to construct the signal prior to or concurrently with construction of Phase 2 of the development. The signal shall be interconnected and coordinated with the signal on Jefferson Street at Highway 111. During construction of Phase 1 improvements, the applicant shall install underground conduit (Schedule 80 PVC with end caps), as approved by the Director of Public Works, for future traffic signal wiring. The applicant shall provide the City with an accurate drawing of the conduit (as constructed) complete with reference ties to permanent monuments or surface improvement features. 3) Traffic Signal at S.R. 111 - Construct modifications required due to street improvements required of this development and bear the full cost October 1996 12790.001.2441.9999. W PD.00 473860 thereof. Improvements shall include left turn signals for southbound and northbound traffic. 4) Reconstruct the north median island on Jefferson Street adjacent to the site to provide a 125-foot long left turn pocket for north -to -west traffic, and a 50-foot long left turn pocket for south -to -east traffic. B. State Route 111 - Major Arterial: 1) Street Improvements - Construct ultimate improvement on north half of street as required by Caltrans. Median island construction is a participatory improvement which may be constructed by others. 2) Traffic Signal at West Entry Drive - Install signal prior to opening any retail outlet in the Specific Plan area that generates sufficient traffic to warrant installation. Applicant shall bear 100% of the initial cost of the signal, but may seek up to 75% reimbursement from nearby benefitting property owners subject to the City's reimbursement policy. Prior to final inspection and occupancy of any permanent building within the development, the applicant shall provide to the City an executed (by grantor) reciprocal access and easement agreement allowing access to the owner of the abutting property to the west over the most westerly (signalized) driveway and over the applicant's property to the abutting property to the west. The location and language of the easement shall meet the approval of the City Engineer and the City Attorney. The easement provisions may include a requirement for the abutting property owner to reimburse the applicant a pro-rata share of the commercially reasonable costs of construction and maintenance of the shared access drive (including the signal) and the easement route. Such provisions shall provide for arbitration of disputes regarding the provisions of the agreement. C. Site Access Improvements: For Phase I construction as depicted in the revised Phase 1 Site Plan received by the City on August 5, 1996, the applicant shall: 1) Construct the signalized intersection on S.R. 111 at the most westerly access drive in Phase 2 and install connecting drives to Phase 1 as approved by the Public Works Director, and 2) Construct the full width of the most westerly right-in/right-out drive on S.R. 111 and the full 26'-width of the north/south parking aisle at that drive. Bus turnouts, acceleration/deceleration lanes, and/or other features contained in the approved construction plans may warrant additional street widths, raised October 1996 12790.001.2441.9999. W PD.00 r- 90588 473860 medians or other mitigation measures as determined by the Public Works Director. The Public Works Director may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 2.70.5.2 Access Points Access points and turning movements of traffic shall be restricted as follows: A. State Route 111 - Two 30'-wide right-in/right-out drives centered approximately 435' and 765' west of the centerline of Jefferson Street, or as approved by the City Engineer. One 40'-wide full -access drive at the signalized intersection centered apposite the north/south property line on the south side of Hwy. 111 approximately 1,325' west of the centerline of Jefferson Street. B. Jefferson Street - One 30' right-in/right-out drive centered approximately 475' north of the centerline of S.R. 111, or as approved by the City Engineer. One 40' full -access drive matching up with Vista Grande. 2.70.5.3 Improvement Appurtenances Improvements shall include all appurtenances such as traffic signs, channelization markings and street name signs. 2.70.5.4 Pavement Sections Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5/6.00" Major Arterial 5576.50" The applicant shall submit mix designs for road base, Portland cement concrete and asphalt concrete, including complete mix designlab results, for review and approval by the City. Construction operations shall not be scheduled until mix designs are approved. October 19% 12790.001.2441.9999.wPD.00 13381E NOSN3JJ3f WWo W;4 ou A Mal M�i T v v vi3a ALA N .--- 2.70., Z �.1 Z O rr� cc ra L. LL Q H W I— IIMII LL. LL O 133d1S NOSd3JJ3f 1 L 111 �- lT =111111111111- - �_ U W_ 1 s u p a. t 1 Q LL W o < W Oo 1 � 1 W 1 1 1 rp cw I O W '1 NCL I Q I Z s 1 U I o w =' I� A I— cc. .ti PI A0." LL W AE { r '7I r138 w dA l 3 I IT I 1 I I 1 _I A [;� M"fltHff 8 d I 4'73860 90588 2.80 SIGNAGE (see accompanying exhibits) Comprehensive sign program for Phase 2 (business identification, directional, and monument signs, etc.) Shall be approved by the Planing Commission prior to issuance of any building permit for Phase 2. 2.80.1 Locations on Site (see accompanying exhibit) 2.80.2 Building Signage Locations - Major Tenants (see accompanying exhibit) 2.80.3 Building Signage Details - Major Tenants (see accompanying exhibit) 2.80.4 Building Signage - Minor Tenants Purpose: To identify tenant Quantity: One per lease area frontage. Size: 1 square foot per lineal foot of lease frontage. Size should be in proportion to the facade of the building on which it is mounted. Design: Letter style and color to be determined by tenant, and approved by the City of La Quinta. 2.80.5 Monument Signs (see accompanying exhibit) October 1996 12790.001.2441.9999. W PO.00 WWI � r <Wn KI T 90588 47380 �1 I of - 1 O l O ao O z = F Z a< c J ! ! Q Z l%S co 0 0C �° QO44 � I I 2.80.1 I— Q O J W t9 OC Z I� e�I 0 a� F m t a� 90588 4738(;0 O w Z ` _ I H W W 0 t = !_ �# ly d W O = J O oC 0. W S !� Yk; S�€ z O Q O U) z J m i z OC z W H cc O OOV t M i 2.80.2 BeEEeceEeeeeee8i eeee ................. �7 'see eaeE eaBe e.. eeeeee;ee::. eEeeec E:eEE:ec:eee �I :........... ouo 0 a a 0 30588 473860 - fie §� 4 co v J leis�sss 5 Mg, $$ W � CCU s CL E 3E Ti'ra^ `�}NNE {{yyTJ'pQ�j i�L Z• �8 U CID 0 00 fA M LLJ Z J V 1 z U U z J MD W z Q z W 2.80.3 (page 3 of 3) n JEFFERSON. PLAZA_ bI o N ZN MONUMENT SIGN ' A' TOTAL SIGN FACE AREA 1 49 S.F. 9161 JIEFFERSoN. PLAZA. ' 00 TENANT NOR' Ni'm TENANT TENANT i MONUMENT SIGN ' B' TOTAL SIGN FACE AREA 1 49 S.F. MONUMENT SIGN 90568 4'73860 JEFFERSON PLAZA 510, 6101 MONUMENT SIGN ' C' TOTAL SIGN FACE AREA 1 25 S.F. SCALE; 114" - V -0" 2.80.5 90588 4'73860 2.90 LANDSCAPE CONCEPT The landscape areas of the Jefferson Plaza are to be developed utilizing lush and efficient design principles with a goal of creating an oasis of tropical character. Plant material selection criteria shall include appearance, low maintenance requirements, climatic suitability, and tolerance to local conditions. Primary goals of the landscape concept are use of palms trees for accenting project features, canopy trees in parking areas for shade, and limited use of turf. Within the "Tropical" concept the plant materials should lend themselves to the desert climate. California Pepper and Mesquite trees shall be utilized along the project frontage with Highway 111 in conformance to the currently adopted street scape theme for Highway 111. 2.90.1 Development Standards Landscaping for the Jefferson Plaza shall follow recommendations laid forth by the city of La Quinta and the Coachella Valley Water District "General Landscaping Guidelines and Irrigation System Design Criteria". In addition, the following specifications shall be implemented within the project. 2.90.1.1 Landscape Shading Requirements for Parking Lots The shade materials (trees) utilized in the parking areas shall be of the variety that will provide shade coverage over fifty percent of the parking area within 15 to 20 years from installation. 2.90.1.2 Landscape Maintenance Prior to issuance of building permits for Phase 2, responsibility for the maintenance of the common landscape areas within the development shall be stipulated in CC & R's, or other enforceable mechanism satisfactory to the City of La Quinta. Landscape materials shall be maintained as planted in perpetuity. Any dead or missing trees shall be replaced in 30 days. 2.90.1.3 Landscape Development Standards Landscape improvement shall be provided in the perimeter setback areas along Jefferson Street and S.R. 111. The following specific standards shall be utilized within the landscaped areas of the project site: Slopes: Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. October 1996 12790.001.2441.9999. W PD.00 3.0588 4'73SGo Diamond Planters: Five feet square Finger Islands: Five feet wide Tree Size: All 36" box trees shall be a minimum or 4" in diameter as measured 12" from grade. The 36" box trees along the north property line shall be 25' on center. All 24" box trees shall be a minimum of 2-1/2" to 3" in diameter as measured 6" from grade. Irrigation: Landscape areas shall have permanent irrigation improvements meeting the requirements of the Public Works Director. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. Coordination: The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. Line of Sight: The northeast comer landscaping shall not exceed 30" in height within the line of sight. 2.90.1.4 Landscape Screening The drive through restaurant shown in Phase 2 shall be provided with screening by a combination of berms, walls, and landscaping so that the cars using the drive through facilities will not be visible by pedestrians and cars on the perimeter sidewalk and street as approved by the site development permit. Screening of parking lot surface shall be provided from all adjacent streets through use of berming, landscaping and/or short decorative walls, except the driveway view corridors. 2.90.2A Plant Palette and Landscape Plan (see accompanying exhibit) As depicted on exhibit 2.90.2A, the following materials may be utilized in the final landscape plan proposed for the project site. October 1996 12790.001.2441.9999. W P D. 00 ai dUY d Odd 6- ddd L::s.�.R+,st:•, :asp. .l y1�1�D vw s K A H. r�r rR I r ®sd 2.90.2A 14. y�� •' � aura - I L•:elk u; _ � a � s '•i c; a b if-Iitm R§ 1 2 90588 4'7.38GO SECTION 3.0 SPECIFIC PLAN 3.10 LAND USE The site is at present vacant, it consists of a gentle sloping terrain with the C.V.W.D.. Storm drain channel at the north edge of the property. The site is covered with desert scrub bush and grasses. Including a few clumps of creosite bush. The adjoining properties have been studied in conjunction with projected development and have not called attention to any adverse or extraordinary circumstances surrounding the area beyond the variances outlined herein. This project will be developed in accordance with ordinances and/or circumstances stipulated by the City of La Quinta. 3.20 ZONING The subject property has a C.R. (Regional Commercial) designation in place and is within the general plan use designation as Mixed Regional Commercial. The specific uses and requirements of the C.R. zone relevant to this project is outlined in Section 3.2.4. 3.20.1 Outdoor Sales In addition to those land uses permitted in the C.R. zoning district, the outdoor display and sale of merchandise shall be permitted pursuant to the following guidelines: (1) Merchandise shall not impede efficient and safe vehicular and pedestrian circulation; (2) The merchandise shall be removed and the premises shall be cleared of all debris and restored to its original condition upon completion of the display and sales event. 3.20.2 Zoning Standards Jefferson Plaza will be developed following the framework of the general zoning requirements of the C.R. zone of said City. 3.20.3 Deviations from Zoning -Code The following development standards are proposed as deviations from the City of La Quinta Zoning Ordinance. A brief justification for the request is included. 90588 473860 3.20.3.1 Parking Stall Size The City of La Quinta Zoning Code requires a 9 foot by 20 foot parking stall situated on a 26 foot aisle with a 90 degree parking angle. The applicant is proposing 9 foot by 19 foot parking stalls on 26 foot aisles with a 90 degree parking angle. In areas of overhanging conditions, a 9 foot by 17 foot stall is recommended. The deviation of one foot in the length of the parking stall will result in the more efficient use of the property while maintaining an efficient and safe circulation system. This design feature is based on the experience of the applicant through the construction and ongoing operation of over 400 stores. 3.20.3.2 Number of Parking Stalls Provided The number of parking spaces proposed for both the Home Depot and other retail uses is 1,146, exceeding the 770 spaces required by the City by 49 percent. With some 400 Home Depot facilities in operation, Home Depot is acutely aware of the particular and unique market conditions associated with their facilities. Based on this practical experience, the parking provided is necessary to serve the needs of the public and will remove the potential for any negative traffic and parking impacts to surrounding properties or public streets due to overflow parking conditions. 3.20.3.3 Percentage of Landscape Area Provided The increase in the number of parking spaces provided, as discussed above, has a direct impact to the amount of landscape area that can be provided on the project site. The design and materials proposed will ensure the desired effect of softening the visual impact of the development while establishing a high quality and visually pleasing environment. The parking field meets the City's requirement of 5 percent minimum landscape coverage. See exhibit 2.90.2.A "Landscape Plan" for tabulation of area. Additionally, the overall site including the public parkway provides 12.6 percent of landscaped coverage. 3.20.4 Permitted Uses Regional Commercial: • Retail stores under 10,000 sq./ft. floor area per business • Retail stores', 10,000-50,000 sq./ft. floor area • Retail stores', over 50,000 sq./ft. floor area • Food, liquor, and convenience stores under 10,000 sq./ft. floor area, open less than 18 hours/day2 • Food, liquor, and convenience stores under 10,000 sq./ft. floor area, open 18 or more hours/dayz • Plant nurseries and garden supply stores, with no propagation of plants on the premises, subject to §9.100.120 (Outdoor Storage and Display). October 1996 12790.001.2 441.9999. W P D. 00 90568 4'738GO • Banks • General and professional offices ' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials z With no consumption of alcohol on the premises. • Medical offices — physicians, dentists, optometrists, chiropractors, and similar practitioners • Restaurants, other than drive-thru • Restaurants, drive-thru • Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops, and similar • Health clubs, martial arts studios, and dance studios, 5000 sq./ft. floor area or less • Health clubs, martial arts studios, and dance studios, over 5000 sq./ft. floor area • Automobile service stations, with or without minimart • Car washes • Auto parts stores, with no repair or parts installation on the premises 3.30 SPECIFIC DESIGN FEATURES 3.30.1 Screen Wall An eight foot wall, shall be constructed along the north property line, as depicted on the site plan. The purpose of the wall in conjunction with the landscape treatments to be provided adjacent to the wall is to visually screen the development from the existing development to the north of the project site. The screen wall shall be one sided split face block with a two inch cap. 3.30.2 Screening of Rooftop Equipment Consistent with the Zoning Code, all rooftop and wall mounted mechanical equipment including satellite dish shall be screened from view by means of a parapet wall. Line of site drawings showing how all equipment will be screened shall be submitted for review prior to issuance of a building permit. 3.30.3 Utility Enclosures Any utility enclosures including pallet enclosures, propane/generator enclosures shall consist of masonry materials sufficient in height to screen all storage with solid painted gates provided, subject to approval of the Community Development Department prior to issuance of a building permit. October 1996 12790.001.2441.9999. W P D.00 3.30.4 Cart Storage A central designated area and a minimum of two cart corrals shall be provided for the collection and storage of carts, hand trucks and other devices used to carry building materials by shoppers. Additionally, Regular retrieval of used carts shall be provided by the retailer to minimize clutter and circulation problems. The two cart storage areas and central location shall be approved by the Community Development Director, prior to issuance of a building permit. Designated area shall be permanent and provided with screen walls and landscaping and proper signs. 3.30.5 Exterior Lighting Exterior lighting for the project shall comply with the "Dark Sky" Lighting Ordinance. Plans shall be approved by the Community Development Department prior to issuance of building permits. All exterior lighting shall be down shining and provided with shielding to screen glare from adjacent streets and residential property to the north and east to the satisfaction of the Community Development Department. Parking lot and nursery light standards shall be a maximum 25-feet in height and shall be shielded. 3.40 PROPERTY RIGHTS All required easements, rights -of -way and other property rights shall be granted prior to issuance of a grading, improvement or building permit for this development. 3.40.1 Right -of -Way Utility Easements The applicant shall grant public and private street right-of-way utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the Public Works Director. Property rights required of this development include: A. State Route 111 - 86' half of a 172' right-of-way B. Jefferson Street - 62' half right-of-way transitioning to 81' half right-of-way on the southerly portion as required for dual left turn lanes and dedicated right turn lane. The applicant may reduce the above right-of-way widths by two feet by reconstructing the west side of the existing Jefferson Street median two feet easterly of the existing location. Right-of-way grants shall include additional widths as necessary to accommodate additional -width improvements shown on the approved improvement plans. October 1996 127 90.001.2441.9999. W P D.00 30588 473860 3.40.2 Utility Easements The applicant shall grant any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 3.40.3 City Entry Sign An easement shall be granted to the City at the northwest intersection of Highway 111 and Jefferson Street. Said easement shall be for the purpose of installing the City "Entry Sign." Specific location and size of easement shall be approved by the City and recorded prior to final occupancy of the Home Depot. 3.50 UTILITIES 3.50.1 Existing Utilities All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirements. 3.50.2 Underground Utilities In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the Public Works Director. October 1996 12790.001.2441.9999. WPD.00 90588 47386O APPENDIX October 1996 12790.001.2441.9999. W PD.00 4'73SGo RESOLUTION 96-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 96-325 PREPARED FOR SPECIFIC PLAN 96-027 AND CONDITIONAL USE PERMIT 96-028 ENVIRONMENTAL ASSESSMENT 96-325 HOME DEPOT, USA, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of September, 1996, hold a duly noticed Public Hearing to consider Environmental Assessment 96-325, prepared for Specific Plan 96-027 and Conditional Use Permit 96-028; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of July and the 13th day of August, 1996, hold duly noticed Public Hearings to consider Environmental Assessment 96-325, prepared for Specific Plan 96-027 and Conditional Use Permit 96-028; and, WHEREAS, at said public hearing held on the 13th of August, 1996, the Planning Commission did recommend certification of Environmental Assessment 96- 325; end, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 96-325); and WHEREAS, the Community Development Director has determined that by incorporating conditions as specified in the mitigation monitoring plan, the said Specific Plan will not have any significant adverse effects, or that any such effects have been mitigated to the extent feasible, under development policies adopted for the La Quinta General P!an and in accordance with the General Plan EIR as certified, to a level of insignificance on the environment, and that a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed Specific Plan and Conditional Use Permit will not be detrimental to the health, safety, or general welfare of the community, either directly or car=325.cc 90588 4738GO Resolution No. 96-71 Page 2 indirectly, in that no significant impacts have been identified which cannot be mitigated to the extent feasible, recognizing the overriding considerations made to allow implementation and development pursuant to the La Quinta General Plan in accordance with its adopted objectives and policies. 2. The proposed Specific Plan and Conditional Use Permit does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory, due to the lack of any such factors existing on the shopping center site. 3. The proposed Specific Plan and Conditional Use Permit does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, in that development of the project will provide more efficient and safe area circulation patterns and achieve land use development as set forth in the General Plan, without significantly impacting public service and utility provisions or substantially degrading the physical environment, provided that mitigation measures are imposed on the project. 4. The proposed Specific Plan and Conditional Use Permit will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as the General Plan EIR considered these impacts, adopted mitigating measures. and identified impacts which could not be fully mitigated through a Statement of Overriding Considerations. 5. The proposed Specific Plan and Conditional Use Permit will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the proposed development is consistent with the designated land use and policy guidance adopted for the La Quinta General Plan, for which -mitigation measures were adopted to assure that future development in accordance with said Plan would not have detrimental effects on the environment beyond those identified in the Statement of Overriding Considerations adopted for the La Quinta General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct, and constitute the findings of the City Council for this Environmental Assessment. eareso325.cc Resolution No. 96-71 Page 3 473860 2. That it does hereby certify Environmental Assessment 96-325 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, staff report and as stated at the Pu61ic Hearing, and on file in the Community Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of September, 1996, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None GLEN DA L. HOLT, Mayor City of La Quinta, California ;AUNEZ��RAL. ST: 4itUll�O—ILAA,City Clerk City of La Quinta, California APPROVED AS TO FORM: -'&j - (-�.) /Y- DAWN C. HONEYWELL, City Attorney City of La,Quinta, California RESOLUTION 96-72 4738G0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN TO ALLOW 218,300 SQUARE FOOT RETAIL CENTER AT THE NORTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET CASE NO. SPECIFIC PLAN 96-027 HOME DEPOT, USA, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of September, 1996, hold a duly noticed Public Hearing to consider the request of Home Depot, USA, Inc. for a 218,300 square foot retail center in the C-P-S Zone on a 20 t acre site, more particularly described as: APN: 649-020-022 and 649-020-023 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of July, 1996, and the 13th day of August, 1996, hold duly noticed Public Hearings to consider the request of Home Depot, USA, Inc. for a 218,300 square foot retail center in the C-P-S (CR) Zone on a 20 t acre site; and, WHEREAS, said Specific Plan request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that a Mitigated Negative Declaration has been recommended for certification; .and, WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of said Specific Plan: The General Plan Land Use Element designates this site as Mixed Regional Commercial with a non-residential overlay. Land Use Element Policy 2-3.1 provides for primary uses being major retail businesses with ancillary uses including other commercial uses. Both Highway 111 and Jefferson Street are primary image corridors as identified in the Circulation Element of the General Plan. Each will have street improvements, raised, landscaped medians and heavily landscaped areas within and contiguous to the street rights of way consistent with design guidelines of Policy 3-4.1.2. The resocc.162 473860 Resolution 96-72 Page 2 intersection of these two streets is also identified in the General Plan as a primary gateway leading into the City, Policy 3-4.1.8. As conditioned an easement will be granted to the City to install the City "Entry Sign" in compliance with this policy. Under Policy 3-4.1.11, well designed landscape setbacks are encouraged to ensure a high quality and attractive streetscape. The combined -right-of-way and on -site Highway 111 landscape setback is 34 feet, where 50 feet is generally recommended. Varied landscape setbacks are being allowed because of Home Depot's need for more parking spaces than required by the Zoning Code parking standards. As a Major Arterial, Jefferson Street has a generally recommended landscape setback of 20 feet. Both landscape setbacks meet the intent of this policy. Policy 3.3.1.3 specifies that driveways along both Highway 111 and Jefferson Street shall be located a minimum of 250 feet from the ends of the curb returns. As conditioned this policy shall be met. Lastly, Policy 3-2.1.6 references Table CIR-2, La Quinta Roadway Design Standards, that specifies the minimum intersection spacing allowed is 2,600 feet. Because of the need to better accommodate commercial uses in addition to maximizing the number of users benefitting from a full turn signal on Highway 111, staff with approval from Caltrans has reduced the distance to 1,300 feet. In accordance with the Air Quality Element of the General Plan, the applicant submitted an air quality analysis (Policy 9-2.1.1). The study addressed the circulation layout to ensure its minimization of on -site traffic conflicts and reduction of air quality impacts, The proposed project uses will not create any conditions which are materially detrimental to the public health, safety, and general welfare of the City's citizens. The project design along with the recommended conditions will assure this by requiring shielded lighting, additional landscaping, buffering, architectural treatment, traffic and street improvements. The Mitigated Negative Declaration of Environmental Impact recommended for certification indicates that no detrimental impacts will occur. The subject property as well as property to the south, west and partially to the east are zoned for commercial uses. To the north is the Whitewater Storm Channel which provides a buffer from the residentially -zoned properties beyond the Channel. resocc.162 SC588 47:38GO Resolution 96-72 Page 3 Therefore, development of the subject property, as conditioned will be compatible with surrounding properties. The property is suitable for commercial development in that as conditioned the existing infrastructure facilities can be incorporated into this project and public services will be adequately addressed. The proposed architectural design recognizes the functional design requirements imposed by this large scale building. Though it is a contemporary tilt -up concrete structure, design elements in keeping with the desert environment and Mediterranean period are proposed such as, muted earth tone colors, arched entry, tiled arcade and columns. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Specific Plan 96-027, subject to the attached conditions, labeled Exhibit 'A'. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17th day of September, 1996, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None resocc.162 4'73860 Resolution 96-72 Page d GLENDA L. HOLT, Mayor City of La Quinta, California AT ST: AUNDRA JUHOL , City Clerk City of La Quinta, California APPROVED AS TO FORM: /a,,, (2/ DAWN HONEYWELL, City Attorney City of La Quinta, California resocc.162 90588 4'73800 RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 EXHIBIT "A" 1. The development shall comply with Exhibit 1, the Specific Plan for Specific Plan 96-027 (on file in the Community Development Department), the approved exhibits and the following conditions, 'which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 2. Exterior lighting for the project shall comply with the "Dark Sky" Lighting Ordinance. Plans shall be approved by the Community Development Department prior to issuance of building permits. All exterior lighting shall be down shining and provided with shielding -to screen glare from adjacent streets and residential property to the north and east to the satisfaction of the Community Development Department. Parking lot and nursery light standards shall be a maximum 25-feet in height and shall be shielded. 3. Plan for adequate trash recycling provisions for each phase as constructed shall be approved by the Community Development Department prior to Certificate of Occupancy. Plan to be reviewed for acceptability by applicable trash company prior to City review. 4. Comprehensive sign program for Phase 2 (business identification, directional, and monument signs, etc.) shall be approved by the Planning Commission prior to issuance of any building permit for Phase 2. 5. Prior to issuance of any grading or building permits, or ground disturbance, mitigation measures as recommended by the Archaeological Assessment for the site shall be completed at the applicant/developer's expense. This consists of having an archaeological monitor on site during grading and aarth disturbance operations. 6. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 7. Prior to the issuance of a grading, improvement or building permit, the applicant shall obtain permits and/or clearances from the following public agencies; 80588 4738GO RESOLUTION 9G-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN' 96-027 SEPTEMBER 17, 1996 • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans.. For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of an approved Storm Water Pollution Protection Plan. 8. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 9. Handicap access, facilities and parking shall be provided per State and local requirements. 6.10. Bus waiting shelters shall be provided when the street improvements are installed, as approved by Sunline Transit and the Public Works Director. 11. Prior to any. site disturbance being permitted, including construction, preliminary site work and/or archaeological investigation, the project developer shall submit and have approved a Fugitive Dust Control Plan (FDCP), in accordance with Chapter 6.16 of the La Quinta Municipal Code. The plan shall define all areas proposed for development and shall indicate time lines for any phasing of the project, and shall establish standards for comprehensive control of both anthr�nogenic and natural creation of airborne dust due to development activities on site. Phased projects must prepare a plan that addresses control measures over the entire build out of the project such as for disturbed lands pending future development. c 01L41-Itr.J„ 90588 473860 RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEM;FR 17, 1996 12. Con't action shall comply with all local and State building code requirements as deL'ermined by the Building and Safety Director. 13. . Prior to issuance of any land disturbance permit, the applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 14. Prior to the issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of SP 96-027 and EA 96-325 which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the applicant shall prepare and submit a written report to he Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of EA 96-325 and SP 96-027 which must be satisfied prior to the issuance of a building permit. Prior to final building inspection approval, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with all remaining Conditions of Approval and mitigation measures of EA 96-325 and SP 96-325. The Community Development Director may require inspection or other monitoring to' assure such compliance. 15. All, Conditions of Approval shall be incorporated into the Specific Plan text in the appropriate section. Text shall be revised prior to issuance of a grading or building permit, whichever occurs first. 16. The service station shall be deleted in Phase 1. 17. All requirements of Coachella Valley Water District shall be met. 18. For all driveways leading from streets, the adjacent perpendicular drive aisle closest to the street shall be provided with stop signs. Additionally, traffic aisles leading to the street shall also be provided with stop signs to insure inbound traffic a continuous, uninterrupted flow into the parking lot. 19. Any utility enclosures including pallet enclosures, propane/generator enclosures shall consist of masonry materials sufficient in height to screen all storage with solid painted gates provided, subject to approval of the Community (Vf1,#4TV.41J 90568 4'738GO RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 Development Department prior to issuance of a building permit. 20. Prior to issuance of a building permit the site plan shall. show that the eight foot block wall provided at the north property line, shall be one sided split face block with a two inch cap. This wall may be phased as shown on the submitted Mans. 21. The two cart storage areas (Section 3.3.4 of the Specific Plan) design and central locations shall be approved by the Community Development Director, prior to issuance of a building permit. Designated area shall be permanent and provided with screen walls and landscaping and proper signs. 22. Drive through restaurant shown in Phase 2 shall be provided with screening by a combination of berms, walls, and landscaping so that the cars using the drive through facilities will not be visible by pedestrians and cars on the perimeter sidewalk and street as approved by the site development permit.. Adequate information shall be submitted to show that air quality impacts will not increase when compared to non -drive -through uses. 23. All roof and wall mounted mechanical -type equipment shall be installed or screened with architecturally compatible material so as not to be visible from surrounding properties and streets to the satisfaction of the Community Development Director and/or Planning Commission. Working drawings showing all proposed equipment and how they will be screened shall be submitted and approved prior to issuance of a building permit. 24. All required easements, rights -of -way and other property rights shall be granted prior to issuance of a grading, improvement or building permit for this development. 25. The applicant shall grant public and private street right-of-way utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the Public Works Director. Property rights required of this development include: A. State Route 1 1 1 - 86' half of a 172' right-of-way cvnOR11r.,13 4738G0 RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 B. Jefferson Street - 62' half right-of-way transitioning to 8 1 ' half right-of- way on the southerly portion as required for dual left turn lanes and dedicated right turn lane. The applicant may reduce the above right-of- way widths by two feet by reconstructing the west side of the -existing Jefferson Street median two feet easterly of the existing location. Right-of-way grants shall include additional widths as necessary to accommodate additional -width improvements shown on the approved improvement plans. 26. The applicant shall grant any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 27. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media. On -site plans shall be submitted in the categories of "Grading, Paving and Drainage" and "Precise Grading and Plot Plan." Off -site improvements shall be submitted in the categories of "Grading," "Streets & Drainage," and "Landscaping." The "Precise Grading and Plot Plan" shall have signature blocks for the Community Development Director and the Building Official. All other plans shall have signature blocks for the Public Works Director. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the Public Works Director's..signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the Public Works Director. 28. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. WtIAW-0.,o.? 30588 4'738GO RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 29. When final plans are approved by the City, and prior to issuance of grading, improvement or building permits, the applicant shall furnish accurate computer files of the complete, approved off -site improvement plans on storage medial and in a program format acceptable to the Public Works Director. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. 30. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City prior to issuance of a grading, improvement or building permit. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any, existing structures or obstructions which are not part of the proposed improvements. 31. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the Public Works Director. 32. If the applicant desires to phase improvements and obligations required by the conditions of approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the Public Works Director. The applicant shall complete required improvements and satisfy obligations as set forth in.the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to occupancy of permanent buildings within the phase unless a construction sequencing plan for that phase is approved by the Public Works Director. 33. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements whirh have been or will be constructed by others (participatory improvements). This development is responsible for the following participatory improvements: 90588 4738GO RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 A. Underground installation of existing overhead utilities. B. Raised landscape median on S.R. 111, and C. Traffic signal at Jefferson Street and Vista Grande. If traffic conditions warrant installation of this signal prior to or with the opening of Phase 2 of this development, the City may require that the applicant construct this' signal. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. 34. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 35. The applicant shall comply with the City's Flood Protection Ordinance. 36. The applicant shall conduct a thorough preliminary geological and soils engineering investigation and shall submit the report of the investigation ("the soils report") with the grading plan. 37. A grading plan, which may be combined with the on -site paving and drainage plan, shall be prepared by a registered civil engineer and must meet the approval of the Public Works Director prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. 38. Prior to construction of any building, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any... (VIZ "t u,1 4'73SGo 8 RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 39. The applicant shall provide . channel lining along the south bank of the Whitewater Storm Channel adjacent to the project site. The Channel lining shall be designed and constructed in accordance with the requirements of the Coachella Valley Water District and the Director of Public Works. 40. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development unless drainage• to the Whitewater Storm Channel is approved by CVWD. The tributary drainage area shall extend to the centerline of public streets adjacent to the development. 41. Nuisance water (and storm water if drainage to the Whitewater Channel is not approved) shall be retained in retention -basin(s) or other approved retention/infiltration system(s). In design of retention facilities, the soil percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. 42. If retention is in an open basin, a trickling sand filter and leachfield of a design approved by the Public Works Director shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 43. Retention basin slopes shall not exceed 3:1 and depth shall not exceed six feet. 44. No fence or wall shall -be constructed around retention basins except as approved by the Community Development Director and the Public Works Director. 45. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 46. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 47. In areas where hardscape surface improvements are planned, underground cnn'VRV .11J 90588 4'7,38GO RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the Public Works Director. 48. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. Jefferson Street - Major Arterial: 1). Street Improvements - Forty-one feet of southbound travel improvements (accommodating three 12-foot travel lanes, a 5-foot bike lane) plus sidewalk. At the south end, improvements shall transition into 75 feet of southbound travel improvements to accommodate two dedicated 11-foot wide left -turn lanes and one dedicated 12-foot-wide right -turn lane. 2). Traffic Signal at entrance opposite Vista Grande - Secure 100% of the estimated cost of the improvement. The applicant is responsible for the cost of the signal at the time warrants are met for its installation and may be required to construct the signal prior to or concurrently with construction of Phase 2 of the development. The signal shall be interconnected and coordinated with the signal on Jefferson Street at Highway 1 1 1. During construction of Phase I improvements, the applicant shall install underground conduit (Schedule 80 PVC with end caps), as approved by the Director of Public Works; for future traffic signal wiring. The applicant shall provide the City with an accurate drawing of the conduit (as constructed) complete with reference ties to permanent monuments or surface improvement features. 3). Traffic Signal at S.R. 111 - Construct modifications required due to street improvements required of this development and bear the full cost thereof. Improvements shall include left turn signals for southbound and northbound traffic. 4). Reconstruct the north median island on Jefferson Street adjacent to the site to provide a 125-foot long left turn pocket for north-to- cvtt44Mtjo 90588 47.38(;0 RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 west traffic, and a 50-foot long left turn pocket for south -to -east traffic. B. State Route 111 - Major Arterial: 1). Street Improvements - Construct ultimate improvement on north half of street as required by Caltrans. Median island construction is a participatory improvement which may be constructed by others. 2). Traffic Signal at West Entry Drive - Install signal prior to opening any retail outlet in the Specific Plan area that generates sufficient traffic to warrant installation. Applicant shall bear 100%.of the initial cost of the signal, but may seek up to 75% reimbursement from nearby benefitting property owners subject to the City's reimbursement policy. Prior to final inspection and occupancy of any permanent building within the development, the applicant shall provide to the City an executed (by grantor) reciprocal access and easement agreement allowing access to the owner of the abutting property to the west over the most westerly (signalized) driveway and over the applicant's property to the abutting property to the west. The location and language of the easement shail meet the approval of the City Engineer and the City Attorney. The easement provisions may include a requirement for the abutting property owner to reimburse the applicant a pro-rata share of the commercially reasonable costs of construction and maintenance of the shared access drive (including the signal) and the easement route. Such provisions shall provide for arbitration of disputes regarding the provisions of the agreement. C. Site Access Improvements: For Phase 1 construction as depicted in the revised Phase 1 Site Plan received by the City on August 5, 1996, the applicant shall: 1). Construct the signalized intersection on S.R. 1 1 1 at the most westerly access drive in Phase 2 and install connecting drives to Phase 1 as approved by the Public Works Director, and cvnaF.:Vvr.: •_ 90588 4738'GO RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC: PLAN 96• 027 SEPTEMBER 17, 1996 2). Construct the full width of the most westerly right-in/right/out drive on S.R. 111 and the full 26'-width of the north/south parking aisle at that drive. Bus turnouts, acceleration/deceleration lanes, and/or other features contained in the approved construction plans may warrant additional street widths, raised medians or other mitigation measures as determined by. the ' Public Works Director. The Public Works Director may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 49. Access points and turning movements of traffic shall be restricted as follows: A. State Route 111 - Two 30'-wide right-in/right-out drives centered approximately. 435"and 765' west of the centerline of Jefferson Street, or as approved by the City Engineer. One 40'-wide full -access drive at, the: signalized intersection centered opposite the north/south property line on the south side of Hwy. 11 1 approximately 1,320' west of the centerline of Jefferson Street. B. Jefferson Street - One 30' right-in/right-out drive centered approximately 470' north of the centerline of S.R. 111, or as approved by the City Engineer. One 40' full -access drive matching up with Vista Grande. 50. Improvements shall include all appurtenances such as traffic signs, channelization markings and street name signs. 51. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" ctin.4vl.,, 90588 4'738GO RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The applicant shall submit mix designs for road base, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. Construction operations shall not be scheduled until mix designs are approved. 52. The applicant shall provide landscape improvements in the perimeter setback areas along Jefferson Street and S.R. 111. 53. Landscai:)e and irrigation plans for landscaped lots, landscape setback areas, medians, and retention basins shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the Public Works Director. The plans are not approved for construction until they have been approved and signed by the Public Works Director, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 54. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 55. Landscape areas shall have permanent irrigation improvements meeting the equirements of the Public Works Director. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 56. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 57. Parking lot shading as required by Municipal Code shall be provided. Number and location of trees shown on submitted landscape plan does not constitute final approval. Plans showing compliance with shading requi►pments shall be submitted prior to issuance of a building permit to verify compliance. 58. Landscape materials shall be maintained as planted in perpetuity. Any dead or missing landscaping shall be replaced within 30 days. (,On-VWV..,J RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 90568 4'738GO 59. Landscaping within the shopping center (Phase 1 and Phase 2) shall be commonly maintained under a single maintenance contract. Prior to issuance of a building permit for Phase 2, a common area maintenance association or other similar body shall be established to insure compliance with this requirement. Required agreement or CC & R's shall be reviewed for this purpose by the Community Development Department prior to issuance of a building permit. 60. Prior to issuances of any building permits, the applicant shall submit to the Con orunity Development Department for review and approval a plan (or plans) showinq the following: A. Landscaping, including plant types, sizes, spacing, locations; and irrigation system for all landscape areas. Desert or native plant species and drought reslistant planting materials shall be incorporated into the landscape plan. B. Location and design detail of any proposed and/or required walls. C. All 36" box trees shall be a minimum of 4" in diameter as .measured 12" from grade. D. All 24'" box trees shall be a minimum of 2-1/2" to 3" in diameter as measured 6" from grade. E. The 36" box trees proposed along the north property line shall be 25' on center. F. The northeast corner landscaping shall not exceed 30" in height within the line of sight. 61. Screening. of parking lot surface shall be provided from all adjacent streets through use of berming, landscaping and/or short decorative walls, except the driveway view corridors. 62. The applicant_ shall employ construction quality -assurance measures which meet the approval of the Public Works Director. 63. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have r0t1AP VX,#u 9058g 4'738G6 RESOLUTION S6-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 64. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the Public Works Director. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the improvement plan computer files previously submitted to the City to reflect the as -constructed condition. � 0 06 65. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in affect when the applicant makes application for plan checking and permits. 66. Provide or show there exists a water system capable of delivering 3000 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. Fire flow is based on type V-1 HR construction and building being equipped with automatic fire sprinklers. 67. A combination of on -site and off -site Super fire hydrants, on a looped system (6" x 40 x 2-1 /2") will be located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants in the system. 68. Blue retro-reflective pavement markets shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 69. Prior to the issuance of a. building permit, applicant/developer shall furnish one blue. line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company .with the following certification: "I certify that the design of the water system is in accordance with the I equirements prescribed by the Riverside County Fire Department". corz.4wew...,, 90568 4738GO RESOLUTION 96-72 CONDITI0P41S OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 1 i, 1996 70. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 71. If the building is used for high piled/rack storage, the building construction and fire sprinkler system must meet NFPA 231 C and Article 81 of the 1994 UFC. 72. Install a manual pull, smoke detection and voice evacuation fire alarm system as required by the Uniform Building Code/Riverside County Fire Department and National Fire Protection Association Standards 72. 73. Install panic hardware exit signs as per Chapter 10 of the Uniform Building Code. 74. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A 10BC in rating. Contact certified extinguisher company for proper placement of equipment. 75. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. 76. If the building/facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. 77. If the facility requires Hazardous Materials Reporting (Material Safety Data sheets) the. Knox Haz Mat Data and Key Storage Cabinet, Model 1220 or 1300 with tamper switches shall be used. 78. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning and Engineering staff at (619) 863-8886. 47.3sGo RESOLUTION 96-72 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 96-027 SEPTEMBER 17, 1996 79. Prior to issuance of a building permit for Home Depot, the building elevations shall be modified as follows: A. All metal roll up doors and the overhead metal canopy over the loading dock a: ca shall be painted to match the adjacent building wall. B. The color of the rib metal canopy within the outdoor garden center shall be painted to match the adjacent walls. C. The rear of all parapet walls and tower structures higher than 32 feet from finished grade shall be painted the same color as the exterior of the building. SIGNS 80. Prior to issuance of a sign permit, the sign plan shall be modified as follows: A. The Jefferson Street monument sign shall be eight feet high and six feet in length. 81. Prior to ?ssuance of a building permit, the applicant shall submit a Transportation Demand Management Plan (TDM Plan) to the Public Works and Community Development Departments. The Plan shall. address capital improvement and operational standards as established in the City's TDM Ordinance. Any transit related improvements required by the Sunline Transit Agency as a condition to development will not constitute compliance with the plan submittal requirement. 82. An easement shall be granted to the City at the northwest intersection of Highway 111 and Jefferson Street. Said easement shall be for the purpose of installing the City "Entry Sign". Specific location and size of easement shall be approved by the City and recorded prior to final occupancy of the Home Depot. 83. The Phase II site plan is a conceptual design only. The final site plan shall require review and approval under a Site Development Permit by the Planning Commission per Section 9.210.010 of the Zoning Code. 84. Prior to issuance of a building permit the landscape area shall be increased along Highway 111, specifically the entry corner, at the intersections of Highway 111 and Jefferson Street and at each of the entry driveways. Tree wells shall also be included along the ADA walkway subject to approval by the Community Development Director as illustrated in Exhibit A. 47.38GO RESOLUTION 96-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO THE CITY COUNCIL TO ALLOW MORE THAN 200 SQUARE FEET OF OUTDOOR STORAGE IN CONJUNCTION WITH A RETAIL CENTER CASE NO. CUP 96-028 HOME DEPOT, USA, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of September, 1996, hold a duly noticed Public Hearing to consider the request of Home Depot, USA, Inc. to allow more than two hundred square feet of outdoor storage in conjunction with a retail center in the C-P-S Zone on 20 t acres at the northwest corner of Highway 111 and Jefferson Street; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of July, and the 13th day of August, 1996, hold duly noticed Public Hearings to consider the request of Home Depot, USA, Inc. to allow more than two hundred square feet of outdoor storage in conjunction with a retail center in the C-P-S Zone on 20 t acres at the northwest corner of Highway 111 and Jefferson Street, more particularly described as: APN: 649-020-022 and 649-020-023 WHEREAS, said Conditional Use Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that a Negative Declaration has been recommended for certification; and, WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of said Conditional Use Permit: 1. the Conditional Use Permit is deemed consistent with the City's General Plan in that the site is designated commercial and proposed for retail use. 2. The approval of this Conditional Use Permit for outdoor storage insures consistency with the Zoning Code since it is required. 3. An Environmental Assessment has been prepared and a Mitigated Negative Declaration is recommended for this project. resocc.163 90588 4738G4 Resolution 96-73 Page 2 4. The outdoor storage area is to be enclosed by a steel and block fence which insures chat the impact on the public health, safety, and general welfare will not be detrimental. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Conditional Use Permit 96-028 to allow more than 200 square feet of outdoor storage in conjunction with a retail center subject .to the attached Conditions of Approval, attached hereto and made a part of as Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17th day of September, 1996, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN:. None GLENDA L. HOLT, Mayor City of La Quinta, California AT T: AUNDRA JUH A, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California resocc.163