Professional Documents
Culture Documents
MISSION STATEMENT THE CITY OF INDIO S PUBLIC SERVANTS PROVIDE OUTSTANDING MUNICIPAL SERVICES TO ENHANCE THE QUALITY OF LIFE FOR OUR
RESIDENTS
AGENDA
2014
00 p 3 m
Mall Indio California
Michael H Wilson Pro Tem Sam Torres
Mayor Mayor
Councilmember
Lupe
Ramos Watson
speak form and limit your comments to three minutes forms timing device on the podium
is the time set aside for public comment If you wish to speak please complete a request to are located in the lobby of the Council Chamber Please watch the
1 Ordinance
on
social
Page 1 of 267
April
City
150 Civic Center Call to Order and ROLL CALL
Council
April 16 2014
30 p 3 m
Mall Indio California
Mayor Mayor
Councilmember
2 Conference with legal counsel anticipated litigation Government Code Section 9 54956 b
Jeff Sara and is available for
public
California
Conference with
legal counsel anticipated litigation significant exposure to Government Code Section 54956 9d 2 number of potential cases 1
Public
litigation
Employee Performance Evaluation California Government Code Section City Attorney 5 Conference with Labor Negotiators per California Government Code Section 54957 6 agency Designated Representative Dan Martinez City Manager and Jasmin Loi Director of Human Resources and Risk Management Employee Organization SEIU 6 Conference with Real Property Negotiators Government Code Section 54956 8 Properties located on Varner Road between Adams Street and Jefferson 230 Street Property APNs 607 002 607 251 016 017 026 City of Indio negotiator Mariano Aguirre Director of Housing and Economic Development Negotiation Parties HRA Investments George Velarde Under Negotiation Price and Terms of Payment 7 Conference with Real Property Negotiators Government Code Section 54956 8 City of Indio properties located on Varner Road between Adams Street and Jefferson Street APNs 607 027 230 and 607 024 City of Indio Negotiator Mariano Aguirre Director of Housing and 251 Economic Development Negotiating Party George Velarde Under Negotiation Price and Terms of Payment 8 Conference with Real Property Negotiators Government Code Section 54956 8City of Indio properties located on Varner Road between Adams Street and Jefferson Street APNs 607 230 013 607 047 230 002 City of Indio Negotiator Mariano Aguirre Director of 251 607 and Economic Housing Development Negotiating Party George Velarde Under Negotiation Price and Terms of Payment
54957 Title
Page 2 of 267
4 Personnel
AGENDA
City Council
April 16
150 Civic Center
Call to Order and ROLL CALL
2014
00 P 5 M
Mall Indio California
Mayor Michael
H Wilson
Presentations
Proclaiming April Ambassador
Certificate of
as
Myles Kaye
Donate Life
Recognition
to The
Presentation to Richard Twiss Police Chief of the Chief POST Executive Certificate by POST Senior Law Enforcement Consultant Manini
Gary
Proclamation
Police
Chaplain
Abigail Cardenas Artemisa Gutierrez Gustavo Leon Daniel Leon Mendoza Delania Smith Analise Spensieri
1 REPORT ON CLOSED SESSION
3 Page 3 of 267
Mayor Wilson
CVAG Executive Committee CVAG CVAG CVAG
Committee
CV Conservation Commission
ERICA JPA
Coachella Waste Transfer Station Indio DSUSD 2x2 Committee Indio CVUSD 2x2 Committee Indio
Authority
Investment Committee
District
Councilmember Miller
Coachella Waste Transfer Station Indio
California Joint Powers Insurance Coachella Valley Enterprise Zone
Authority Authority
Riverside
County Transportation
Commission
Imperial Irrigation
District
Energy
Consumers
Advocacy
Committee
Councilmember Holmes
Coachella Coachella
Valley Economic Partnership Valley Animal Campus Commission Greater Palm Springs Convention Visitors Bureau Cochran Jacquie Regional Airport
a
Accept
Guitron from the Community Services Commission and authorize advertising vacancy for 30 days s appointment Recommendation Approve Mayor Wilson
Page 4 of 267
letter of
resignation
from Norma
b Goals
Update
on
recycling
forms
are
This is the time set aside for public comment on to speak please complete a request to speak form and limit your comments located in the lobby of the Council Chamber Please watch the timing device on the podium
the agenda If you wish
on This is the matter appearing on the agenda Ifyou wish to speak please complete a request to speak form and limit your comments to three minutes forms are located in the lobby of the Council Chamber Please watch the podium timing
except
public hearings
4 CONSENT CALENDAR
Note
approved by one motion Reading of text of Ordinances is waived and Ordinances are adopted as second reading by title only Public requests to discuss consent calendar items must be led with the City Clerk before the consent calendar is called This is the time for any member of the public wishing to speak on a consent calendar item to do so Any member of the public wishing to speak shall have a total of three minutes to address any and all items on which he she wishes to speak Unless a consent calendar item is pulled for discussion by a council member them will be no further opportunity to discuss the matter If a consent calendar item is pulled for Council discussion and a member of the public then wishes to she speak he shall limit comments to matters raised during the Council discussion a
April 2 2014 Cynthia Hernandez City Clerk Recommendation Approval Rob Rockwell Finance Director Recommendation Receive File
Ordinance No 1652
Minutes of
b Warrants
c
Second
Reading
amending Chapter
Code of Ordinances regarding vending from pushcarts and mobile food vendors Joe Lim Director of Development Services Recommendation
Approve
d
Deny Claim
Resources
as
submitted
Risk
Management by
Approve
Deny claim
Resources
as
submitted
Jeff Sara
Page 5 of 267
Professional Services Agreement between the City of Indio and Doulames II LTD a California Corporation dba Convert a Doc to assist with imaging and archiving building plans and permit documents Joe Lim Director of Development Services Recommendation Approve
g Amendment No 3 to the
Landscape landscaping services to include new LLD and General Fund properties Grant Eklund Public Works Director City Engineer
Recommendation
Inc for
Approve
h Blanket Purchase Order for Excel Landscape Inc in the amount of 000 for repairs and improvements to irrigation and landscapes in 200 Lighting and Landscape Districts and General Fund areas Grant Eklund Public Works Director City Engineer Recommendation
Approve
ADMINISTRATIVE ITEMS 5 Presentation
on
Management Analyst
Recommendation Receive File 6 Introduction Reof Ordinance of the City of Indio prohibiting the provision of single use carryout plastic bags and relating to the use of reusable
bags and adding Chapter 103 Reusable Bags to the Indio Municipal Code and consideration of CEQA exemption for the proposed ordinance Joe Lim Director of Development Services Recommendation Approve
7 Purchase of an 18 acre site approx located on the north side of Varner Road between Adams Street and Jefferson Street APN of
002 230 607 016 and 607 251 607 017 607 251 251 026 Mariano Aguirre Director
Housing
and
Page 6 of 267
PUBLIC HEARINGS 8
1 C ontinued public hearing to consider and determine the altering of the apportionment of special tax for Improvement Area No 1 of the City of Indio Community Facilities District No 2004 3to the as qualified electors proposed in Resolution No 9680 adopted on February 5 2014 the Resolution of Consideration 2 consideration of seeking bondowner consent and adopt a resolution to amend resolution 9680 to replace the proposed rate and method of apportionment of special tax with an alternative rate and method of apportionment proposed by the petition 3 consideration of abandoning the change proceeding for the proposed rate and method of apportionment of special tax Roxanne Diaz City Attorney Recommendation
rate and method of
9 Public
hearing pursuant to the Tax Equity Financial Responsibility Act TEFRA and adoption of a resolution authorizing issuance of tax exempt bonds by the California Statewide Communities Development Authority CSCDA for financing the acquisition and rehabilitation of the Indio Desert Palms Apartments Mariano Aguirre Director of Housing and
Economic
Development Recommendation
ADJOURN
Successor Agency
No Items
Indio Public
No Items
Indio Finance
No items
Indio
No Items Next
Housing Authority
2014
are available on the city s website at www org and at the public counter in city hall indio at 100 Civic Center Mall Indio California
Page 7 of 267
packet
are
Building
during
normal
City business
PUBLIC NOTICE The Indio City Council Chamber is handicapped accessible Ifspecial equipment is needed for the hearing impaired please call the Clerk office Persons with disabilities can receive this agenda in an alternative format and should call the City s s office at City Clark 4006 Notification 48 hours prior to a meeting will enable the City to make reasonable 391 arrangements to ensure accessibility to the meeting 28 CFR 35 104 ADA Title 11 102 DECLARATION OF POSTING
1 Cynthia Hernandez City Clerk of the City of Indio California do hereby declare that outs a entry to the Council C amber 150 Ci is Center Mall on April 11 2014
the
foregoing agenda
was
posted
on
the
CY CI
Page 8 of 267
ITEM NO 4a
UNOFFICIAL UNTIL APPROVED BY THE CITY COUNCIL
CLOSED SESSION CITY COUNCIL APRIL 2014
MINUTES Michael H Wilson called to order the Closed Session meeting of the City Council of the City of Indio California at 3 30 p in the Council Chambers located at 150 Civic m Center Mall Indio California
Mayor
ROLL CALL
PRESENT
Mayor Mayor
Councilmember Lupe Ramos Watson Councilmember Glenn Miller Councilmember Elaine Holmes
PUBLIC COMMENT The NONE
City
Council ADJOURNED to Closed Session in the Mall Indio California CITY COUNCIL APRIL
city
hall conference
room
at
2014
MINUTES
the
regular meeting
of the
City
Council of the
Mayor Mayor
Councilmember
Lupe
Advisory Councilmember
Gustavo Leon
Mayor
6 3
2014
thanked the 1
presented a proclamation recognizing Coachella Valley Free Clinic April Representatives of California CareForce accepted the proclamation and
Council
City
NO REPORTABLE ACTION
Page 9 of 267
April 2
2
2014 Minutes
Continued
on
grand opening
and the
of the
Ophelia Project
She
Northgate
Heritage
Holiday Inn Express the ribbon cutting of the PM AM Day Festival at the museum over 700 people attended
were
dark
She
suggested
adding
that is
a
youth component
idea
Mayor
Wilson commented
great
Councilmember Miller reported the East Valley Reclamation Authority a Joint Powers Authority between the Valley Sanitary District and the City of Indio held its first meeting
Coachella of units from the
Valley Enterprise Zone held its annual meeting and stated they are renting a couple city He reported on the SUNLINE Transit Board meeting wherein they discussed their audit which was very good Their building improvements should be completed soon They reached a new two year agreement with their employee unions They will add 100 new cabs that will help for the concerts
Tem Mayor Pro
Torres
reported
Symposium
which
was a
very
good
conference
Administrative Center 3
Mayor Wilson reported he too attended the grand opening of the Holiday Inn Express He commented the Super Walmart is going up
CITY MANAGER REPORTS AND INFORMATION
PM AM
as
and
the
is the
County
Dan
award at the
Martinez City Manager reported he received word earlier today that the City of recognized for its Better Neighborhoods Program and will be receiving
40th
celebration in
C Washington D
EXCUSE YOUTH ADVISORY COUNCIL Gustavo Leon the Youth Council will be
reported
Advisory
helping
at the Coachella
Valley Mayor
Advisory
20 p 5 m
Henry Amaya
wonderful
she
stated
we
need
more
police
in
Indio
Linda
Beal
suggested
City
Heritage Festival was the railroad train station be restored to the way it was Kim for the animal services she appreciates the Lucy Foundation
Page 10 of 267
April
2 2014 Minutes
Continued
and the
Al Meza commented
on a
600 1
citation for
dog
not
being
fixed
PUBLIC COMMENT ON AGENDA ITEMS 4 CONSENT CALENDAR Minutes of March 19 2014 b Warrants File Receive
a c
NONE
f g h It
Reading Ordinance No 1650 of the City of Indio amending the municipal requirements for second dwelling units and finding the project is exempt under the California Environmental Quality Act Zone Text Amendment 14 54 1 Second Reading Ordinance No 1651 an ordinance for a 677 6 Change of Zone 13 for the property generally located on the north side of Dr Carreon Boulevard south side of Garden Avenue and east of Dr Carreon Park s 014 APN 130 614 015 034 35 and 140 056 614 Denial of claim as submitted by Mukesh Patel Denial of claim as submitted by Thomas Hendricks Authorize the City Manager to hire an IPD Police Dispatcher I Authorize the City Manager to hire an IWA Accounting Technician II
code
was
Second
moved
by Councilmember Torres
carried to ADOPT the
seconded
by Councilmember
Calendar
as
unanimously
Consent
on
submitted
Councilmember Ramos Watson Nos 1650 and 1651 to read ORDINANCE AMENDING UNITS
as
voting
NOE
item b
only
follows
OF THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA THE MUNICIPAL CODE REQUIREMENTS FOR SECOND DWELLING AND FINDING THE PROJECT IS EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL
QUALITY ACT
COUNCIL OF THE CITY OF INDIO CALIFORNIA A CHANGE OF ZONE 13 677 FOR THE PROPERTY GENERALLY LOCATED ON 6 THE NORTH SIDE OF DR CARREON SOUTH SIDE OF GARDEN
AVENUE AND EAST OF DR CARREON PARK AND 614 056 140 5
35
RBF and Erick Weck City Principal Civil Engineer Mr Weck gave a powerpoint presentation on the future 10 interchanges upgrades to the 1 at Dillon Road Golf Center Parkway Jackson Street Monroe Street and Jefferson
Street
Works from
Patty
Romo from
Page 11 of 267
April
2 2014 Minutes
Continued
an
Dan
commented
an
doing
is
great
Tim He
Hale
RBF
Consulting
gave
were
an
the constructions documents have been approved the right of way acquisition has been accomplished and are obtaining federal funding for the construction The final approval of the final designs will be in the next couple of weeks with a contract awarded in 2015 million was added to
reported
the aesthetics
update approved
on
Interchange
January
5 14
the
funding City
The
presentation
Joe
Lim
Director of
this is
amending Chapter pushcarts and mobile food vendors and consideration of CEQA exemption for the proposed ordinance He reported inclusions are related to safety and how we want them to operate in our city and within the public right of ways and hours of operation around schools This ordinance is being expanded to be consistent with current laws that have been amended and bringing it up to date
of Ordinances Roxanne
only
public right
Councilmember Ramos Watson asked if we want to include Mayor Wilson stated push carts are currently allowable
push
county Mr
seconded No
Lim
replied
yes it is
discussion
it
was
moved
by Councilmember Miller
unanimously carried to ADOPT Ordinance only by the following vote to read as follows
AYES
1652
as
Wilson
NOES Ramos Watson ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA AMENDING CHAPTER 114 OF THE INDIO CODE OF ORDINANCES REGARDING VENDING FROM PUSHCARTS AND MOBILE FOOD VENDORS
Page 12 of 267
Joe
Lim Director of Development Services reported this is a request for an ordinance prohibiting the provision of single use carry out plastic bags and relating to the use of reusable bags and adding Chapter 103 Reusable Bags to the Indio Municipal Code and consideration of CEQA exemption for the proposed ordinance He stated the
ordinance is effective
thirty days
comply
after the second reading and large establishments will This authorizes stores to make a recyclable available for
bag
and
was
requires
the store to
keep
can
be
Mayor
commented the cities of Palm Springs and Desert Hot Springs have passed their ordinance He commented the ordinance we are considering is 100 CVAG Each city will do something different to accommodate their city Councilmember Miller commented there is
a 10 000 cost associated with this Mr Lim stated that is for education and marketing of the ordinance to all the retailers and is from the AB939 fund Mayor Wilson commented it may be beneficial for us to offer free
Wilson
recyclable bags
to the
community
on
the letter of
support
received
by the
Mr Lim
support
is
on a
uniform code
model
bag
moved
by
Councilmember
Miller
seconded
1653
as
follows
Wilson
CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA ADDING CHAPTER 103 TO THE INDIO MUNICIPAL CODE RELATING TO THE USE OF REUSABLE BAGS 8 MANDATORY SPAY AND NEUTERING OF PIT BULL BREEDS
ORDINANCE
OF THE
Jason
Chan Senior Management Analyst reported this breed of dog disproportionately represents 20 percent of dogs impounded and 30 percent of dogs euthanized by the
Riverside
County Department of Animal Services and historically redemption or adoption rates He added of the 4 000 pit bull and pit are euthanized impounded annually 3 000 75
Mr Chan stated Riverside
has
very
low
bull mix
dogs
pit
bull and
pit
bull mix
County adopted an ordinance regulating the reproduction of dogs The County Department of Animal Services is now
Page 13 of 267
requesting that
adoption
After
adopt
similar ordinance
Staff recommends
of the ordinance it
submitted
discussion
was
moved
by Mayor Wilson to ADOPT an ordinance requiring pit bull breeds Motion died for lack of a second
the
FILE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND RECEIVE MANAGEMENT LETTER FOR FISCAL YEAR 2013 2012
Rob
Rockwell Finance Director introduced Jay Siegel Auditor representing Moss Hartzheim LLP Mr Siegel reported on the Independent Auditor Levy s Report and
gave a presentation of the Comprehensive Annual Financial Report and Letter for Fiscal Year 2012 2013 Mr Siegel commented things are very s systems and controls There are no findings at all in either audit to city Mr Rockwell stated this is a positive report findings However he added they are
Management
the
Staff has made certain progress making good progress all around
certain
Councilmember Holmes thanked Staff for their work Councilmember Torres complimented the auditors
Councilmember Miller thanked the
as
all
reports
are
looking good
accounting
staff
departments
We all continue to
Mayor
gas
team effort
keep
the foot
on
the
Authority
Authority
Housing Authority
meeting
ADJOURNED at 5 6 7 m p
Page 14 of 267
Issued 1 2 3 4 14 8 6 4
ITEM NO 4b
Description
313 REFUND PERMIT 313 REFUND PERMIT 13SALES TAX 12 1113 12113 SALES TAX 1113
3114 1
Fund Fund
Division
Element
Object
Vendor Name MISC ALL OTHER REFUNDS REFUND BLDG MISC ENG PLANNING REFUND BLDG MISC ENG PLANNING BOARD OF EQUALIZATION BOARD OF EQUALIZATION CAMPOS ROSALVA
Description 2
General Fund General Fund General Fund General Fund General Fund General
Fund
REIMBURSEMENT
General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General
Fund
CAMPOS ROSALVA
DELTA CARE USA DODGER TICKETS LLC REFUND BLDG MISC ENG PLANNING MISC ALL OTHER REFUNDS ENG MISCBLDGIPLANNING REFUND REFUNDBLDGIPLANNING MISC ENG
Payroll Payable Senior Program Contrib Zoning Subdivision Deposits Payable Building Permits Document Imaging Building Permits
Witness Fees
41312014 41312014
75 919 410 1 00
TICKETS 29257923
3119 REFUND RED 9753 314 REFUND CLEAN DEPOSIT 3114 REFUND PERMIT 3114 REFUND PERMIT 3114 REFUND PERMIT 28 REFUND 13091 3 5128
500 6 00
00 100 00 48 134 32 119 00 275 MR Refund Voucher MR Refund Voucher MR Refund Voucher
MR Refund
312014 4 192242 2014 413 41312014 2014 413 2014 413 192242
Unappiied Payments Unappiied Payments Unapplied Payments Unapplied Payments Payroll Payable Zoning 8 Subdivision Building Permits Payroll Payable Payroll Payable Payroll Payable Payroll Payable Unappiied Payments Unapplied Payments Unapplied Payments Unapplied Payments Unapplied Payments Deposits Payable Payroll Payable Payroll Payable Payroll Payable Payroll Payable Payroll Payable Payroll Payable
Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance
R REFUNDS 2014 3 4 192246 MISC A 192246 MISC R A REFUNDS 2014 3 4 41312014 R A REFUNDS 192249 MISC
192250
Voucher
14 LONG TERM CARE MEDAMERICA INSURANCE COMPANY 11 1 REFUNDBLDGIPLANNING MISC ENG REFUND BLDGIPLANNING MISC ENG 3121 REFUND RED 10512
28 3
192262 192264
REFUND PERMIT
Fund
192266 PRUDENTIAL OVERALL SUPPLY 192266 PRUDENTIAL OVERALL SUPPLY 192266 192266 192274 192275 PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY MISC A R REFUNDS
MISC
4UNIFORM RENTALS 3 11 UNIFORM RENTALS 3 3118 UNIFORM RENTALS 25 UNIFORM RENTALS 3 SAUCEDA DIANA MR Refund
Voucher
General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund
R REFUNDS A
32014 4 192275 312014 4 192276 312014 4 192284 41312014 41312014 41312014 192293 192295 192295
MISC A R REFUNDS MISC A R REFUNDS MISC A R REFUNDS MISC ALL OTHER REFUNDS YELLOW MART STORES YELLOW MART STORES YELLOW MART STORES YELLOW MART STORES YELLOW MART STORES YELLOW MART STORES
Page 15 of 267
192295
192295 312014 4
2014 413
City
rund 01 General
Fund Fund
Division
Element ent
Object
Description
Description 2
General Fund General Funtl General Fund General Funtl General Funtl
rity Taxes xes Payable Payable ayable PER ayable PER Payable
26 7701008 PAYROLL 3 2014 UNITED STATES TREASURY 312612014 UNITED STATES TREASURY 7701008 PAYROLL
SEC WITHHOLDING
WITHHOLDING
326 MEDICARE
STATE OF CA STATE 26 7701009 PAYROLL 3 2014 26 7701010 PAYROLL 3 2014 STATE OF CA SDI PERS RETIREMENT 26 7701011 PAYROLL 3 2014 PERS RETIREMENT 26 7701011 PAYROLL 3 2014
03 0
Communication Travel 8
TMOBILITY AT INDIO CHAMBER OF COMMERCE MARTINEZ DAN S BANK CALCRD CORP PMT YS U
38 9147 00 25 99 134 00 50
Training
Supplies Supplies
General Fund
Supplies Supplies
REIMBURSEMENT
312014 4 192285
14 ASCENCION TORRES 2
Travel
Training
INDIO CHAMBER OF COMMERCE NORCO DELIVERY SERVICES INC S BANK CALCRD CORP PMT SYS U
00 25 89 9 68 922
Communications
Supplies
MARTINEZ
General Fund
Human
Resources
Professional Services
Legal Services
00 20
Youth Services
Youth Services
3114 REIMBURSEMENT 3114 REIMBURSEMENT 3114 REIMBURSEMENT 3114 REIMBURSEMENT 3114 REIMBURSEMENT 3 1 4 REIMBURSEMENT 3114 REIMBURSEMENT 14 REIMBURSEMENT 3 14 REIMBURSEMENT 3 3114 REIMBURSEMENT 315 PROGRAM SUPPLIES SNACKS 317 ICE 7PROGRAM SUPPLIES 3 7PROGRAM SUPPLIES 3 317 PROGRAM SUPPLIES 8PROGRAM SUPPLIES 3 318 PROGRAM SUPPLIES
16 9106 52 22 00 91 00 5 00 91 00 20 00 20 00 5 00 6 00 6 97 7 29 11 58 96 79 10 323 92 25 05 87
Training Training Training Training Training Training Training Training Training Training
Programs Programs
192199
Fund
General Fund General Fund General Fund General Fund General Fund General Fund General Fund General
Fund
2014 3 4 192199 2014 3 4 192199 312014 4 192199 41312014 192199 192260 192260
192260
Services
Programs
Minor
Supplies
Travel
Eqt
Programs
Minor Eqt Minor
Supplies Supplies
Supplies
Small Tools Small Tools Small Tools Small Tools Small Tools
PETTY CASH TEEN CENTER CASH TEEN CENTER TEEN CENTER TEEN CENTER TEEN CENTER
Supplies Supplies
EqL
Dale 41812014
City
and
ii General
Description2
Fund Fund
Object Cell
Phones
General Fund General Fund General Fund General Fund General Fund General
Funtl
Freight
8 Leases
g 216
252
Services
Leases
Police Administration Police Administation Police Atlminislration Police Administration Police Administration
Supplies Supplies
Travel
Supplies Supplies
Training
Training
201 3 4
2252 2258
2277 SUN BADGE CO 2277 2285 2285 SUN BADGE CO U S BANK CALCRD CORP PMT SYS
US
BADGES
76 499 51
54000 76 3576
BANK
SYS
Fund
General
Fund
Fire
Fire
commumcanans
S upp lles
Safety Safet y
Equipment
tlp 56o
Supp li es
S
upp li
es
Fund
Suppli es Supp li
es
CORPORATION
Supplies
Minor
S BANK CALCRD CORP PMT SYS U S BANK CALCRD CORP PMT SYS U S BANK CALCRD CORP PMT SYS U S BANK CALCRD CORP PMT SYS U
12 859
97 8603 176 79
Eq1
638 3 43
General Fund General Fund General Fund General Fund General Fund General Fund General
Fund
Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street
Maintenance
Supplies
Professional Services
M Street
Supplies
2014 2014 2014 2014 2014 2014 2014 2014 2014 014
2127 ASPHALT 313 PROFESSIONAL SVCS 28 LIGHT BULBS 2 2 2 7 REPAIR FUSES 2125 LAMP LIGHTS 315 SAFETY LIGHTS 26 LIGHTS 2 2126 LIGHTS 2121 WIRE 2 2 1 WIRE 6LIGHTS 11
Professional Services
192209 DESERT ELECTRIC SUPPLY 192209 DESERT ELECTRIC SUPPLY 192209 192209 DESERT ELECTRIC SUPPLY DESERT ELECTRIC SUPPLY
07 495
44 262 59 5163
Operating Supplies
Operating Supplies Op erating Supplies
Operating
ELECTRIC SUPPLY
87 14
247 1 27
288 1 32
541 2 18
Date 4 812014
City
Fund
Maintenance
2014 413
192261
10
INC
Supplies Supplies
312014 4 192267 312014 4 192267 2014 413 2014 413 2014 3 4 2014 413 41312014 41312014 192272 192278
192283
POSTERS
4 INSTALL COVER PAINT PEDXING 7 SIGNS CLOSURE LANES 1 TRAFFIC DOTS 8 LANE CLOSURE SIGNS 8 SIGNS TRAFFIC CNTRL 8 TRAFFIC CNTRL SIGNS 1 SIGNS
1 SIGNS
STRIPPING INC
Operating Supplies Operating Supplies Operating Supplies Operating Supplies Operating Supplies Operating Supplies
R M Street
N BARRICADES
Maintenance
N BARRICADES
PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES DERGROUND SERVICE ALERT
Supplies
Operating Supplies R M Street Supplies R M Street Supplies Operating Supplies Operating Supplies Operating Supplies R M Street Supplies
R R R M Street
i SIGNS i SIGNS
0
SIGNS
Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance
8 SIGNS
8 SIGNS
8 1
SIGNS
Professional Services
MONTHLY SVCS
General Fund
Enalneenno
Communications
Cell
Phones
41312014
192192
T MOBILITY AT
1 1 2 2 PHONE SVCS 1
4511 40
General Fund
Professional
Services
Plan
Check Services
2014 1192270 3 4
IRKA CIVIL
ENGINEERS
13 PROFESSIONAL 19
SVCS
118 1 0011
General Fund
General Fund
Minor Minor
Minor
Eqt
192277 192277
408 75 8405
Minor Eqt
Page 18 of 267
Fund Fund Development
Planninc
32014 4
192189
Training
32014 4 192285
14 JOSEPH 12
LIM
1 364
Dale 4 812014
Fund
101
Fund General
Fund
Object
Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric
Electric
Check
192232
Vendor Name IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
Description
Description
Amount
Parkways
2 1 4 ELECTRIC SVGS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS
14 2 14 2
4 59 54
General Fund General Fund General Fund General Fund General Fund General Fund General
Fund
192232 192232
11
46 4
195021
35 4
Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks
Parkways
Parkways
841 58
77 435 121
14 ELECTRIC SVC S 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS
2114
201
9 4 051 47
97 102 93 138
General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General
Fund
192232 2014 3 4
301 5
2014 3 4 192232 IMPERIAL IRRIGATION DISTRICT 192232 4 3 12014 41312014 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
501 168
831 931
041 23
51 79 51 27 51 92
ELECTRIC SVCS
192232 IMPERIAL IRRIGATION DISTRICT 2014 3 4 2014 413 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT RAIN MASTER IRRIGATION SYSTEMS ROTO ROOTER
It
2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS GENERAL FUND AREAS DAVIS FIELD RESTROOMS
Repair Repair
Maint Maint
192268 2014 3 4
2014 3 4
192271
192285
IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
88 25 3723 34 03
ELECTRIC SVCS
ELECTRIC SVCS
State Gas Tax Fund State Gas Tax Fund Slate Gas Tax Fund State
Gas Tax Fund
14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2 1 4 ELECTRIC SVCS
38 106 53 5
599901
2014 3 4 192232 IMPERIAL IRRIGATION DISTRICT 2014 3 4 192232 IMPERIAL IRRIGATION DISTRICT 41312014 41312014 192232 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
Page 19 of 267
111 4
70 331 136561
Date 4 2014 8
City
Fund Fund
Fund
Division Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities
Element Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric
Object
Description
2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114
ELECTRIC SVCS
Description 2
2014 3 4 192232 312014 4 192232 312014 4 192232 2014 413 4132014 41312014 2014 413
IRRIGATION DISTRICT
2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2 1 4 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC
SVCS
State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas
State Gas State Tax Fund
Tax Fund
41312014
192232 IMPERIAL
IRRIGATION
DISTRICT
IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
DISTRICT
Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities
192232 192232 192232 192232 192232 192232 192232 192232 192232 192232
14 ELECTRIC 2
SVCS
41312014 41312014 2014 413 2014 413 41312014 4132014 2014 413
SVCS
State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax
Fund
2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC 2
SVCS
192232 32014 4
4132014 192232
2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2 2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS
2114
State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
State Gas Tax
192232 192232
192232
Fund
ELECTRIC SVCS
State Gas Tax Fund Stale Gas Tax Fund State Gas Tax Fund
State Gas Tax Fund
DISTRICT
312014 4 192232 32014 4 192232 312014 4 192232 312014 4 192232 192232 2014 3 4 312014 4 192232
41312014 192232
IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT DISTRICT DISTRICT
14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS
16 71 75 42 07 62 61 66 88 43 5014 88 43
State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
4132014
192232
Date 4 2014 6
City of Indio
Fund Fund Division
Utilities Utilities
Checks Issued 1 2 3 4 14 8 6 4
Element Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric
Object
Vendor Name
14 2
Description
210 State Gas Tax Fund Stale Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
Stale Gas Tax Fund
192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
DISTRICT
State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
State Gas
192232 IMPERIAL IRRIGATION DISTRICT 192232 192232 192232 192232 192232 192232 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities
2014 413 2014 413 41312014 2014 413 2014 413 2014 413 2014 413 2014 413 2014 413 2014 413
Tax Fund
192232 IMPERIAL IRRIGATION DISTRICT 192232 192232 192232 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2
14 2
State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
State Gas
Tax
Fund
State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas
Tax
312014 4 192232 IMPERIAL IRRIGATION DISTRICT 312014 4 192232 IMPERIAL IRRIGATION DISTRICT
32014 4 192232
Fund
State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
State Gas Tax Fund
Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
32014 4 192232 IMPERIAL IRRIGATION DISTRICT 32014 4 192232 IMPERIAL IRRIGATION DISTRICT 2014 3 4 192232 2014 413 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT DISTRICT
ELECTRIC SVCS
ELECTRIC SVCS
192232
City
Gas
Tax Fund
41312014 4132014 312014 4 2014 413 2014 413 41312014 41312014 4132014 41312014 2014 3 4 41312014 4132014 4132014
192232 192232
192232
IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT
ELECTRIC SVCS
SVCS
4 ELECTRIC
Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund
Gas Tax Fund
21 18 11
ELECTRIC SVCS
31 131 1E 29
192232 192232
192232
Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric R 8 M Street
ELECTRIC SVCS
Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas
Tax
Fund Fund
Gas Tax
Gas
Tax Fund
Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund
10 43 30 47 34 64 05 36 72 85 15 43 80 66 339 1 20
ELECTRIC SVCS
ELECTRIC SVCS
Utilities Utilities
Supplies
Contractual Services Contractual Services
Supplies
2014 413
752 2 86
733 2 70
00 575
19 115
Page 22 of 267
Services Dev Block Grt Services Auditing
Services
LUi4 3 4 1922b3
MUSS
LtVY 6 HAHI4
LLP
500 2 OC 830 7 OC
Professional Services
2014 3 4
Dale
2014 8 4
Division Utilities t I Ul
s
Object
Vendor
Name
14 2
Description
Amount
Fund 2
26 530 99 54
Sunrise Fund
192241 2014 3 4
242 LLD
Park
Pasea Fund
2114
ELECTRIC SVCS
11 4
LLD LLD
23 312 4121
243 LLD Jackson Park Fd 4 lL0 Jackson Park Fd 4 LLD Jackson Park Fd 4
2014 413
192232
1MPERIALIRRIGAIIUN
UISIRwI
uwc cr avw ni
22 596 22 96
Utilities
14 2
ELECTRIC SVGS
11
4i3l T
11 4 06 261 84 82
2 014 92241
245 LLD
Utilities
IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 14 WATER SVCS 2 2114 WATER SVCS 2 1 4 WATER SVCS 14 WATER SVCS 2 2114 WATER SVCS 2114 WATER SVCS
461 4
30 5 11 4 4128 15 438 99 54 39 95 26 176 61 11 95 11
Repair 8 Maint
Fer
a
192241 192241
lgd
246 LLD
LLD
Palmwood Palmwood
7 Fund 7 Fund
4132014 41312014
192232 192241
11 4
59622
2014 3 4 192241
29 100
2014 4131
Date 4 812014
Object
Description
Amount
17 192 68 180
LLD Santa Fe 11
Utilities
2014 3 4 192241
14 WATER SVCS 2
i
251 LLO Park Madison
Putt 2
Utilities
Water
2014 3 4
192241
52 5129
i
Utilities
Utilities
IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
2114 ELECTRIC SVCS 2114 WATER SVCS 2114 WATER SVCS 14 WATER SVCS 2
22 296 48 16 50 188 26 30
Fd 13 Indio Centre Fd 13
Utilities Utilities
192241
Utilihes
Utilities
Electric
Water
46 4 22 96
254 LLD
LLD
Villa Pacific
Villa Pacific
15
15
Outside
Outside Utilities
Repair Repair
Maint Main
Slgd Sigel
Electric Water
2014 3 4 192210 DESERT STEEL SUPPLY 2074 3 4 192222 HOME DEPOT CREDIT SERVICES 2014 3 4 192232 IMPERIAL IRRIGATION DISTRICT 2014 3 4 192241 INDIO WATER AUTHORITY
VILLA PACIFIC
48 87 31 68 11 4 46 108
2121
LLD LLD
Utilities
255
Utilities Utilities
Water Water
I14I
WATER AUTHORITY
94 55
73 176
Utilities
Water
2014 3 4 192241
45 978
19 19 19 19
19
IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT INDIO WATERAUTHORITY INDIO WATERAUTHORITY INDIO WATERAUTHORITY INDIO WATERAUTHORITY
RAIN
11 4 11 4 26 30 34396 99 54 64 143 95 11
WATER SVCS
Page 24 of 267
LLD
Palm Meadows
19
Outside
Repair
Maint
Blgd
PALM MEADOWS
and
31
Division
Utilities
Element Water
Object
Vendor
Name
Description 2
Amount
62 201
22
24 s
Utilities Utilities
Water
14 2
WATER SVCS
42 164 87 161
Water
312014 4 192241
INDIO
WATER AUTHORITY
Verandas
Fd
25 25
Electric Water
Water
41312014
2014 3 4
192232 192241
30 5 306 1 22
Verandas Fd 25 Verandas Fd
2014 3 4 192241
65 145
Rincon Homes
26
26
Utilities
Electric Electric
Water
312014 4 192232 IMPERIAL IRRIGATION DISTRICT 41312014 192232 IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY RAIN MASTER IRRIGATION SYSTEMS
192241 312014 4
WATER SVCS
Rincon Homes
26 Rincon Homes 26
Rincon Rincon
Homes Homes
LLD LLD
26 26
192241
Repair 8
Mainl
192268 312014 4
266
192232
94 4 58 4 11 4 12 159 65 145
192232 IMPERIAL IRRIGATION DISTRICT 192232 IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
ELECTRIC SVCS
27 27 27 27
WATER SVCS
54 37
98 54 95 11
Summer Place
Repair 8 Maint
2014 3 4 192268
28 II 28 II 28 II
IMPERIAL IRRIGATION
DISTRICT
25 5
11 4 65 145 65 145 65 145 14565 40 193 67 317
IMPERIAL IRRIGATION DISTRICT INDIO WATERAUTHORITY INDIO WATERAUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATERAUTHORITY
Page 25 of 267
192241
WATER SVCS
Water Water
28 II
192241 32014 4
Date 4 2014 8
Fund
Fund
Division
Element
Object
Name
Montego 38
Electric Electric Electric Water Water Water Water Water Water Repair
8 Maint
312014 4 192232
312014 4 192232 IMPERIAL IRRIGATION 41312014 4132014 41312014 41312014 41312014 41312014 41312014
2014 413
ELECTRIC
SVCS
IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY RAIN MASTER IRRIGATION SYSTEMS
2114 ELECTRIC SVCS 2114 WATER SVCS 2114 WATER SVCS 14 WATER SVCS 2 2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS
R VILLA
LLD Villa
Montego 38
LLD
Villa Montego 38
MONTEGO
271 LLD
Waring Palms 31
Utilities
Water
2014 3 4 192241
64 5279
272 LLD
LLD
Utilities
Utilities
Water
Water
58841
87 5292
Montego Dunes 32
Utilities
Water
74 WATER SVCS 2
39 100
273 LLD
LLD
33
Utilities
Utilities
IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT INDIO WATERAUTHORITY INDIO WATER AUTHORITY
2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 WATER SVCS 2 2114 WATER SVCS
30 5 11 4 11 4 22 96 23628
33
312014 4 192241
32014 4 192232 IMPERIAL IRRIGATION DISTRICT 2014 3 4 192232 2014 413 2014 413 192232 192241 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY
14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 WATER SVCS 2114 WATER SVCS
34 Madison Ranch 34 34
2014 3 4 192241
Page 26 of 267
275 LLD
Coma Bella 35
Utilities Utilities
Water Water
36 219 22 78
35
Date 4 812014
City of Indio
Fund
281 LLD
Checks Issued 14 24 3 1 8 4 6
Fund
Monticello
Division
Outside
Element Repair
8 Maint
Object
Blgd
8
Description 2
Amount
82 11
39
Landscap Grnds
LLD Monticello 39
IRRIGATION DISTRICT
47 40 33 173 61 136 95 11
39 Monticello LLD
LLD LLD Monticello Monticello
192241 192241
14 WATER SVCS 2
39 39
2014 413
Repair 8 Maint
2014 3 4 192268
LLD
Sunburst
41 41
Utilities Utilities
Water
192241 192241
INDIOWATERAUTHORITY INDIO
Water
WATER
42 157 94 140
AUTHORITY
283
Whittier LLD
Ranch 43
2014 413
2014 413
192232
192232
57
07 S75 11 4 25 5 11 4 62 145 41 167
10 302
Whittier Ranch 43 LLD Whittier Ranch 43 LLD Whittier Ranch 43 LLD Whittier Ranch 43 LLD Whittier Ranch 43 LLO Whittier Ranch 43 LLD Whittier Ranch 43 LLD Whittier Ranch LLD
IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT INDIO
WATER
AUTHORITY
43
43132
284
Utilities
Water
192241 192241
72 131 76 554
Utilities
Water
45 Pk
2014 413
192241
INDIO WATER AUTHORITY NDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
21 56
312014 4 192241
73 43
S5499
99 54
Ulililies Utilities
Electric Electric
192232 192232
11 4 11 4
46
Page 27 of 267
287 LLD Rancho Verde 47 Rancho Verde LLD Ulililies Utilities Water Water 2014 413 192241 INDIO WATER AUTHORITY INDIO WATER AUTHORITY 14 WATER SVCS 2 14 WATER SVCS 2 63 62 48 102
47
2014 3 4 192241
2014 8 Date 4
192206
Fund
520
Municipal Gol f
Municipal Golf
Golf
F un d Fund
Use
Tax
Payable
Water Water Food
Utilities
Utilities
Fund
192204 2014 3 4
Supplies
Minor Eqt
32014 4
COLA COMPANY 192205 COCA ELECTRIC CAR DISTRIBUTORS INC FARMER BROTHERS CO IMPERIAL IRRIGATION DISTRICT IMPERIAL
IRRIGATION
333 3 94
00 168 11 4 31 559 12 145 00 344 54131 50 43 31 53 83 146
Supplies
192232 312014 4
2014 413 192232
DISTRICT
Municipal Golf
INDIO WATER AUTHORITY PROFILE DISPLAY INC TAYLORMADE ADIDAS GOLF INC TAYLORMADE ADIDAS GOLF INC
2 1 4 WATER SVCS 3121 SILVERADS 3 1 2 PUD SOCKS 13 MIENS ASH 3 2114 JAMES CURTIS 2114 JAMES CURTIS 411 MAINTENANCE 3126 MEMBERSHIP 3121 HOT DOGS SNACK BAR
Municipal Golf Fund Municipal Golf Fund Municipal Gol f F und Municipal Golf Fun d Municipal Golf Fund Municipal Golf F un d Municipal
Golf
Supplies Supplies
Contractual Services
Travel
192285 U S BANK CALCRD CORP PMT SYS 2014 3 4 2014 413 41312014 S BANK CALCRD CORP PMT SYS 192285 U 192288 UNITED INC
Equip Supp
Contract Labor
GLI
00 900 19
00 110 86 678
Training
Put DuesiSubscriptions
Food Su pp lies
Fund
Suppli es
Technology Fund
mmunicatio ns mmunications
20 3 4 413214
19219 192192
pplies
C mmunications C mmunications
C
Eqt
4 4
Telephone
CeII Phones
Technology Fund
320 4
InfoTechnology Fund
mmunications
Telephone
S BANK CALCRD C U
188 2 02
Dale 4 2014 8
City
and
34
Division
Element
Object R R R R
R R
Check
Date
Vendor Name DESERT ELECTRIC SUPPLY DESERT ELECTRIC SUPPLY DESERT ELECTRIC SUPPLY DESERT ELECTRIC SUPPLY DESERT ELECTRIC
SUPPLY
Description INTEREST INTEREST DOCTOR OFFICE FIRE STATION 1 FIRE STATION 1 FIRE STATION 1
FIRE
Description
Amount
Buildings Buildings
Buildings
M Supplies M
312014 4
Supplies M Supplies
M
M M
41312014
192209 2014 3 4
Fund
STATION
Grounds Fund
Professional R
R R
317 DEMOLITION SHELTER 2114 CUP PLUNGER 2119 AIR COMPRESSOR PARTS 21 SCREW CONNECTOR 2 2121 POWER SUPPLY CORD 24 BOSCH SPIRAL WASHER 2 2 2 5 LIQUID PLUMR CLEAR 25 PIFE SEAL TAPE 2 2126 CLAMP CONNECTOR 26 FAUCET 2 2127 GABLE LOUVER GALV
28 2 314
Supplies
Supplies
M M
M
Fund
HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES
HOME
R R R
R
R R R R R R R R R
R
M Supplies M M
M
312014 4 192222 HOME DEPOT CREDIT SERVICES 2014 3 4 192222 402014 192222 HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES
Fund
Fund
Buildings
Buildings
Grounds
Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund
PAINTERS GLOSS
EPOXY TIE
PIPE
314 BLACK
192222
192222
HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES
Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings
4132014 4132014
192222
312014 4 192222 HOME DEPOT CREDIT SERVICES 2014 413 192222 HOME DEPOT CREDIT SERVICES
PLY LOCKSET
R R
R
Supplies M Supplies
M M
312014 4 192222 HOME DEPOT CREDIT SERVICES 312014 4 192222 HOME DEPOT CREDIT SERVICES 41312014 192222
192222
Supplies Supplies
Minor
PORTABLE FAN
HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IRRIGATION DISTRICT
Small Tools R M
Eqt Eqt
41312014
Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund
Supplies
Minor
2014 3 4 192222 312014 4 192222 32014 4 192232 312014 4 192232 41312014 41312014 192232
2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS
2114
ELECTRIC SVCS
Electric
Date 4 2014 8
City
rund 04 Fund Division Utilities Utilities Utilities Utilities Utilities Utilities
Utilities
Object
Check a
Vendor Name
Description
Description
Amount
Buildings Buildings
Buildings
192232
IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER
AUTHORITY
14 WATER SVCS 2 2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2 1 4 WATER SVCS 14 WATER SVCS 2
14 WATER SVCS 2
Water Water Water Water Water Water Water Water Water Water Water Water Water
Water
Fund
2014 3 4 192241
312014 4
192241
192241 32014 4
AUTHORITY
INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
Fund
Fund
WATER SVCS
Grounds
Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings
Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund
WATER SVCS
WATER SVCS
312014 4 192241
2014 413 192241
Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities
Water Water Water Water Water Water Water Water Water Water
Water
2014 413
192241
WATER
SVCS
2014 3 4 192241 INDIO WATER AUTHORITY 2014 3 4 192241 INDIO WATER AUTHORITY 32014 4 192241 INDIO WATER AUTHORITY 2014 413 2014 413 0312014 4732014 192241 192241 192241 192241 INDIO WATER AUTHORITY INOIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
31 64 78 105 98 114
37 152
Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund
14 WATER SVCS 2 14 WATER SVCS 2 2114 WATER SVCS 2 1 4 WATER SVCS 2114 WATER SVCS
14 WATER SVCS 2
657 4 04
27 507 98 866
Utilities Utilities
Water Water
192241 192241
AUTHORITY
4132014
City
and 14 Fund Division Utilities Utilities Utilities Utilities Utilities Utilities
Utilities
Element
Water
Object
Description 1 2114 WATER SVCS 2114 WATER SVCS 14 WATER SVCS 2 2114 WATER SVCS 14 WATER SVCS 2
2114
Description 2
Amount 59710
41 143
Water
Water
INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO
WATER
88 51 01 100 70 29 41 124 52 91 28 252 21 201 55 15 31 78 009 1 83 70 16 84 179 80 407 94 93 65 669 14113 82 204 04 679 76 622 55 266 18 203 96 469 88 51 65 57 48 164 02 122 04 146 8244 07 187 55 28 01 32 11 335 32 102 33 262 41 137 29 181 62 276
Fund
Buildings
Buildings Buildings
Grounds Fund
AUTHORITY
Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds
Fund
192241 192241
INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO
WATER
WATER SVCS
14 WATER SVCS 2 14 WATER SVCS 2 2114 WATER SVCS 2 1 4 WATER SVCS 2114
WATER SVGS
Buildings Buildings
Buildings
AUTHORITY
INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER
AUTHORITY
Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities
WATER SVCS
2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS
14 WATER 2
192241 4 2 3 014 2014 3 4 192241 2014 3 4 192241 2014 413 2014 413 41312014 41312014 192241 192241 192241 192241
Buildings Buildings
Buildings
INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
SVCS
Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Water Water Water Water Water Water Water Water Water Water Water Water Water Water Water
WATER SVCS
312014 4 192241 41312014 41312014 41312014 2014 413 402014 192241 192241 192241 192241 192241
Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
WATER SVCS
32014 4 192241 2014 3 4 192241 2014 3 4 192241 2014 3 4 192241 41312014 192241
2114 WATER SVCS 2114 WATER SVCS 14 WATER SVCS 2 2114 WATER SVCS
Object
Check 192241
Description
Amount
Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund
32 665 03 142 61 653 99 648 63 36 49 145 24 76 88 38 76 184 32 34 75 155 97 68 23 340 51 72 41 146 88 51 55 15 10 253 28 191 21 56 00 250 00 360 00 5385 719 2 00 00 826 00 125 00 1 87 29 17 36 67 78 30 42 07 47 20 24 49 43 17 36 7867 30 42 07 47 20 24
INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
INDIO WATER
2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2 1 4 WATER
SVCS
Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings
Buildings
Water Water Water Water Water Water Water Water Water Water Water Water Water
Water
192241
AUTHORITY
INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY KILLER BEE PEST CONTROL MIJACALARM MIJAC ALARM PALMS TO PINES MIRROR
2114 WATER SVCS 2114 WATER SVCS 14 WATER SVCS 2 2 1 4 WATER SVCS
14 2
Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund
192241 192241
WATER SVCS
14 WATER SVCS 2 2 1 4 WATER SVCS 14 WATER SVCS 2 2 1 4 WATER SVCS 2114 WATER SVCS FIRE STATION 5 316 PANIC BUTTON INSTALL 316 PANIC BUTTON INSTALL GLASS INC 317 BOARD WINDOW COVER CORPORATE YARD EOO EQUIPMENT SHOP LUIS MORAN PROSHOP CORPORATE YARD CITY HALL WD TEEN CENTER
SENIOR
Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund
Water Water
41312014
192241
Repair
Maint
Security Services
Outside
Outside
Maint
Maint
Repair Repair
41312014 4132014
41312014
S JANITORIAL SERVICE PAUL S JANITORIAL SERVICE PAUL PRAXAIR PRAXAIR PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY
Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings
Outside
Maint
Outside Repair R M
Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies
Supplies
Minor
2014 413
192263
Eqt
Supplies
CENTER
Supplies
PRUDENTIAL OVERALL SUPPLY Page 32 of 267 PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY
Supplies
Date 4 2014 8
City
Ind
Fund
Division
Element
Supplies
R 8M
Object Supplies
Description
Description 2
Amount 84 51
312014 4 192195
BOARD OF EQUALIZATION
13 SALES TAX 1 13 12
11 310
Fund
Supplies
Contractual Services Professional Services Communications Contractual Services
Office
32014 4 192187 2014 413 2014 413 2014 413 2014 413 192202 192253 192281
192285
ACOM
CHANDLER ASSET
122 CHECKS TAX FREIGHT SOLUTIONS INC MANAGEMENT INC 2114 MANAGEMENT FEE 26 AUDIT SVCS 2 3114 BUS CLASS PRI 2114 MICHAEL YOUNG 4114 REIMBURSEMENT FAC BUDGET SUP
48 5116 00 388 51
MOSS LEVY 8 HARTZHEIM LLP TIME WARNER CABLE S BANK CALCRD CORP PMT SYS U KINDER BRIAN
00 479 57
10 530 51 95 539 67 80
Services Fund
Supplies
412014 4 192298
r0212012
ADS Refinance
Professional Services
Professional Services
312014 4 192294
00 900 51
Professional Services
Professional Services
312014 4 192294
373
00 900 51
Professional Services
Professional Services
2014 413
192287
978 1 00
03
1C
iimalec Debl
Climatec Debt
041Lease
Debt
Service
Payments
to
Fiscal
AgeQ
2014 3 4 192287
BUNION
BANK OF CALIFORNIA
190 2 0011
Services
1 41312014
1192294
Page 33 of 267
955
ITEM NO 4c
SECOND READING
ORDINANCE NO 1652
ORDINANCE THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA AMENDING CHAPTER 114 OF THE INDIO CODE OF ORDINANCES REGARDING OF
finds
as
follows to
municipalities
XI
regulate
7
vending
and
Article power
Section to
of the
in
California Constitution extends to municipalities the furtherance of public health and welfare B such
as
police
authority
regulate
Pushcarts and mobile food vendors create the but not limited to food for
potential for safety hazards pedestrians encouraging including children to cross mid
block to
purchase
C mobile food
The act of
looking
vending
vehicular traffic
obvious traffic and D
When done
by
safety
risks to the
prospective buyers while operating a pushcart or operator less attentive to pedestrian and vending vehicle on public roadways this poses public which the City seeks to prevent
Mobile food
buyers
onto
park their vehicles correctly during a public roadways creating a further traffic
operating a pushcart or mobile food vending vehicle need to be easily recognized by the City s Code Enforcement to ensure identification of the responsible parties for the pushcarts or vending vehicles
F
speed High
in
roads and
individuals
vehicles
pose accidents
a on
grave
both
are
Vending
vehicles
cross
stopping
on
speed high
a
pedestrians
G
greater potential
City has an important and substantial public interest regulations prevent safety traffic and health hazards as well as to peace safety and welfare of the community
to Section 2 The
The
providing
preserve the
Page 34 of 267
hereby
VENDING BY PUSHCART OR VENDING VEHICLE 10 114 11 114 12 114 13 114 Definitions Pushcart vendors in the
14 114
10 114
Definitions
Chapter
the
following
words
or
phrases
following
meanings
A either of their B C Enforcement Official
means
the
designees
Food
or
who is
charged
with
the Chief of
Police
or
Code of Ordinances
food food
products
vendor
means
type
or
beverage
in the
Mobile of
a
means
person
operates
or
assists
operation
D
vending
vehicle
Operate
means
being parked
or
stopped
at
one
location while
vending
up set
and breakdown
Operator means any person who drives prepares food or food products operates pushcart or vending vehicle and shall include the driver and assistant on each food vending truck
or a
Person
corporation including
association and
and
lessees of
pushcarts
G
a
or
vending
vehicles
vehicle
are
sold
H
means any wagon cart or similar wheeled container that is not defined in the California Vehicle Code from which food or food products offered for sale displayed bartered exchanged or otherwise as
Pushcart
given
Pushcart vendor of
a
means
any
person that
operates
or
assists
in the
operation
1
or
pushcart
means
Uniform vehicle
at
minimum
shirt
containing
owns or
the
logo insignia
the
name or
other
identifying characteristic
operates
pushcart
vending
J
Vend
or
vending
means
to
sell
offer for
2 Page 35 of 267
or
otherwise
give
food
or
food
products
from
pushcart
or
vending
vehicle
K Vending vehicle means any self propelled motorized device or vehicle which or be any person by property may propelled or moved upon a highway excepting a device moved exclusively by human power or which may be drawn or towed by a motorized propelled self vehicle from which food or food products are sold offered for
or
otherwise
given
right
of way
as
vendor may locate his or her pushcart in the public right way of he or she adheres to all of the following standards and conditions
pushcart
long
as
The
owner or
operator
of each
pushcart
valid
Chapter
have
Each
affixed
a
it in
sticker and
current
plain
view
by
C
City
Each pushcart shall have
displayed
in
conspicuous place
on
at least two
2 sides of the pushcart lettering permanently affixed showing the name of the owner or operator of the pushcart and the business address and telephone number of the owner or operator The lettering shall at all times be visible shall not be less than three inches
in
height
D
background
or
upon which it is
placed
or
pushcart
operating
E
pedestrian or building
more
vehicular
traffic
be
entrance three
pushcart
than
assemble gather collect or otherwise join for the purpose of pickup pushcart vendor on any street sidewalk highway or public place
F
manner
and
The
pushcart
that
causes
vendor shall not distribute any item from the any person to stand in the street
pushcart
in
The
pushcart vendor shall not operate any pushcart upon any public street 300 of the nearest property line of any property on which a
located between the hours of 7 00 will not enter
m and a
building is
day
This
written
The pushcart vendor shall of that authorization to the within five provide copy City 5 days of its receipt and keep a copy on his or her person to provide on demand to any enforcement official
or on
prohibition permission to
a
apply
park
if the school
school
principal
property
products
sold
or
provided
from the
pushcart
shall
applicable
labeling requirements
established
by
3 Page 36 of 267
to sell
or
provide
and
The to
wear a
pushcart
assisting
him
or
her shall be
required
J
pushcart vendor shall engage in vending unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the pushcart marked with a sign requesting use by patrons Prior to leaving the location the pushcart shall pick up remove and dispose of all trash generated by the pushcart vendor s operation located within a one foot radius of the hundred 100 s location pushcart
K L Pushcart vendors shall A
No
comply
with all
applicable
pushcart
vendor that
may not operate the vending block and shall not within a period of four within the limits of such block
any pushcart in the public right way of vehicle for longer than sixty 60 minutes on the same
operates
hours
again operate
such
vending
vehicle
seeks to four
Notwithstanding Subsection L of this Section a pushcart vendor that operate any pushcart in the public right way on the same block for any of longer than sixty 60 minutes or return to the same block within a period of less than
4
hours may do 1
so
if
The
the
City
pushcart vendor operates exclusively from the location and periods designated in the encroachment permit approved locations to established by resolution of the City Council
the time 3 The
for be
pushcart vendor complies with all provisions in this Section and imposed permit which may include the permissible operation duration of operation location or other similar regulations and
in the encroachment 4 The
an
travel distance of
ensure
that restroom
pushcart vendor shall operate within two hundred feet 200 approved and readily available toilet and handwashing facility to facilities are available to all operators Prior to such operation the
pushcart
restroom
City
facility
that is all
providing
the
stating
be
readily
available to
operators
for the
pushcart
vendor of
operates
owner or
operator
pushcart
provide
on
covering
the
operations
by
the
owner or
pushcart
subject
to the terms
A certificate of insurance shall be submitted with the business license application The City s Risk Manager shall
Manager
regarding
insurance
and shall be in
amount which is
4 Page 37 of 267
determined
to be sufficient to
injuries
12 114
or
damages
adequately protect the City persons and property by activity under this Chapter right
of way
for
A mobile food vendor may locate his or her vending vehicle in the public way as of right as he or she adheres to all of the long following standards and conditions A The
owner or an
operator
of each
vending
business
Chapter
current
valid Riverside
a
of the windshield C be
by
City
vehicle shall
equipped
following
convex
so
can see
the
area
in front
by
hood
up back
distance of at least
one
hundred feet
100
D sides of the
owner or owner or
Each
vending vehicle shall have displayed in a conspicuous place on both vending vehicle lettering permanently affixed showing the name of the
of the truck and the business address and telephone number of the The lettering shall at all times be visible shall not be less than four
operator operator
inches in
height
background
upon which it is
placed
E F vehicle G The
vending vehicle
is
pedestrian
street
or
or
vehicular traffic
Vending
prohibited
the
exposed
vending
vehicle in
The mobile food vendor shall not distribute any item from the vending that causes any person to stand in that portion of the street that is between the vehicle and the center of the street
a manner
part
of its
vending
vehicle
or
any other
equipment
public
its business The mobile food vendor shall not operate upon any public street within hundred feet 100 of any street intersection controlled by a crosswalk traffic 1
one or
light
stop sign
5 Page 38 of 267
The mobile food vendor shall not operate upon any public street within three hundred feet 300 of the nearest property line of any property on which a school 00 a m and 5 00 p building is located between the hours of 7 m of any school day This prohibition will not apply if the school principal gives the mobile food vendor written permission to enter or park on school property The mobile food vendor shall provide a copy of that authorization to the City within five 5 days of its receipt and keep a copy
on
his
or
her person to
provide
on
K
or
vending
standing
than
five thirty
L
alley
or
highway
All food
with all
applicable
products sold or provided from the vending vehicle shall comply labeling requirements established by the state and the mobile obtain all required permits to sell or provide such items
food in
a
Everyone
No
vending
vehicle shall be
required
to
wear a
uniform
vendor shall engage in vending unless he or she clearly designated litter receptacle in the immediate vicinity of the vending vehicle marked with a sign requesting use by patrons Prior to leaving the location the mobile food vendor shall pick up remove and dispose of all trash generated by the mobile food vendor s operation located within a one hundred foot 100 radius of the maintains
a
mobile food
all
with all applicable state and local laws parking and Vehicle Code provisions which apply to the location at which vehicle is parked
comply
operates any vending vehicle in the public right may not stop or park on the same block for any longer than allowed by parking restrictions on the block but in any event may not operate the vehicle for
way of
than
sixty 60 minutes and shall not within a period such vending vehicle within the limits of such block
Q
of four
Notwithstanding Subsection P of this Section a mobile food vendor that operate any vending vehicle in the public right way on the same block for of any longer than sixty 60 minutes or return to the same block within a period of less than four 4 hours may do so if
seeks to The mobile food vendor obtains if available at that location and during requested 2 The mobile food vendor 1
an
encroachment
permit
from the
City
hours
in the encroachment
6 Page 39 of 267
complies
of
with all
provisions
which
or
imposed
of
in
permit
may
the
permissible
regulations
operation
operation location
similar
200 handwashing facility to ensure that restroom facilities are available to all operators Prior to such operation the mobile food vendor shall submit to the City a letter from the facility that is providing the restroom stating that the restroom will be readily available to all operators for the
travel distance of
an
operate
approved
and
readily
operates
owner
or
operator
vending
provide
the
and maintain
insurance
covering operations by operator regarding the vending vehicle in the amount and subject to the terms on file with the s Risk Manager A certificate of insurance shall be submitted with the owner or City s business license application The City operator s Risk Manager shall promulgate provisions regarding insurance requirements for vending vehicles and shall be in an amount which is determined to be sufficient to adequately protect the City persons and property for injuries or damages which may be caused by activity under this Chapter
and activities undertaken
owner or
the
13 114 The
City hereby
pushcarts
are a
or
vending
vehicles that
are
not in
compliance
and
with the
provisions
are a
Chapter
detriment to
public
nuisance
general
Penalties
person who violates any provision of this Chapter is guilty of a misdemeanor or at the discretion of the City Prosecutor or City Attorney an infraction as set forth in Section 10 99 of the Indio Code of Ordinances B This Section is intended to be cumulative to the
Any
to
and not in
rights
place of
other
may pursue including but limited to commencement of any civil action the issuance of administrative fines and fees or administrative action to abate as a public nuisance pursuant to
City pursuant City Code of Ordinances and s City Attorney City Prosecutor or a duly authorized Enforcement Official any other right and remedy permitted by the City s Code of Ordinances
Chapter
Subsection E of Section 110 03 of Chapter 110 of Title XI of the Indio Code of Ordinances is hereby amended to read as follows
Section 4
in addition to Title
including
7 Page 40 of 267
vending by pushcarts or vending vehicles massage establishments taxicabs and so forth also shall meet the requirements set out in the applicable Chapter before a license may be obtained hereunder Failure to do so shall subject the person to all applicable penalties
Section 5 Subsections A and B of Section 110 28 of
are
Chapter
110 of Title XI of
hereby
amended to read
as
thereof
under this
part of the City s processing an application for a Chapter or a renewal thereof to the extent
or
that the
applicant
proposes to engage in a business or use reflected in Subsection B of this Section the Police Chief or his or her designee shall have the authority and responsibility to conduct any background investigation deemed necessary and appropriate as a general matter in order to insure the health safety and welfare of the community The specific purposes of such a background investigation include but are not limited to 1 Determination
as
provided
by
an
applicant
information to the 2
City
A
providing
to this
any other
pursuant
Chapter
applicant if an individual or any of the directors officers holding percent 5 of the stock of the corporation or of the limited any partners including partners or profit interest holder manager or other person principally in charge of existing or proposed business in the City or a natural person employed or contracted or leased with to be an operator has not been convicted or pleaded nolo contendere or guilty within five 5 years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug related misdemeanor or felony crime including but not limited to
or
stockholders
more
than five
of
controlled
substance
specified
in
11054
through 11058
or
ii
obscene matter
or
The
sale
distribution
display
of
harmful
and
indecent exposure
iii
Selling
or
disposing
of lottery
tickets
or
iv v
b The
bookmaking
or
related drug
traffic offenses
investigating City employee is specifically authorized to history record information as provided for in California Penal Code Section 11105 Any complaint for the above listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint
obtain state summary criminal
3 Identification of any other
potential
detriment to the
public health
8 Page 41 of 267
safety
welfare that may be presented by City issuance of the license or license renewal in question i e harm that may arise from or relate to applicant soperation or business
or
that may be
in
or
Except as otherwise specified in this Code the only subject to a background investigation per this Section proposing to engage in activity related to any of the following
1 2 3 4 5 6 Alarm installation Alcohol Firearms
businesses
are
or uses
those
engaged
Foreclosure consultation
Pawn
shops Security guard companies and private patrol operators 7 Vending from a pushcart or vending vehicle 8 Businesses or uses determined on a case by basis by Chief of Police Fire Marshall or either of their designees potentially detrimental to public health safety and welfare
C stockholders The
the the
applicant
more
names
or
holding
percent 5
any of the partners including managers or other persons principally in charge of existing or proposed business in the City The applicant shall also submit the full names of all natural persons or
corporation
or
contracted
or
employed
an
operator of
without
No
one
assist
in
operating
business
being
the
application
Section 6 shall
cause
The
City
Clerk shall
or
certify
to the
the
same
to be
published
posted
as
in the
and
first
reading by
only
this 2nd
day
of
April
2014
by
the
following
vote Wilson
AYES
MICHAEL H ATTEST
WILSON MAYOR
CYNTHIA
HERNANDEZ
CMC
CITY CLERK
9 Page 42 of 267
ITEM NO 4d
SUBMITTAL TO THE CITY COUNCIL CITY OF
Department
claim submitted
liability
by
Neela Patel
as
recommended
by
the
s City
against the City on September 30 2013 The alleged City responsible damage to his motel units because it did not have an adequate storm drainage system during heavy rains which caused flooding of his property
a
claim
for
BACKGROUND
The City s liability insurance administrator Carl Warren Company has reviewed the above mentioned claim and recommends rejecting it In accordance with section 6 of the Government Code the city council may reject a claim if it is found that the claim is 912 not a proper charge against the the claimant to file a lawsuit FINANCIAL ANALYSIS ALTERNATIVES 1 2 None
City
Claim
rejection triggers
Accept
Direct staff to
accept
of actual
damages
ATTACHMENT A
recommending rejection
of the claim
Venez Duon
Cost associated with this action
Human
Inc
ources
Analyst
A N A N
0 0 0
FINANCIAL DATA
Source of funds
Budg
remaining
if
ntyear budget rr
t adjustment
A N
N A
Account number N A
Legal Review
Department Head
Review
rGS l y7 Qp
Roxanne Diaz
City Attorney
J in Loi Fdector of HR
Mgmt
Finance Director
Page 43 of 267
ITEM NO 4e
SUBMITTAL TO THE CITY COUNCIL CITY OF INDIO CALIFORNIA
April 16
2014
Department
claim submitted
liability
by
Jeff Sara
as
recommended
by
the
s City
claim
adjuster
RECOMMENDED MOTION SUMMARY
Deny
the
liability
claim submitted
by
Jeff Sara
Jeff Sara submitted a claim against the City on January 3 2014 The claimant alleged wrongful construction of his roof and drains and that the Building Inspector improperly inspected the work allowing for the wrongful construction BACKGROUND The City s liability insurance administrator Carl Warren Company has reviewed the above mentioned claim and recommends rejecting it In accordance with section 6 of the Government 912 not
a
proper charge against the the claimant to file a lawsuit FINANCIAL ANALYSIS ALTERNATIVES 1 2 None
Code the city council may reject a claim if it is found City Claim rejection triggers a six month statute
Accept
Direct staff to
accept
of actual
damages
ATTACHMENT A
recommending rejection
Venez Duon
uman
of the claim
ources Analyst
budget
A N
0 0 0
FINANCIAL DATA
adjustment
A N
A N
N A
remaining
if
A approved N
Financial Review
Legal
Review
7 G6Ftd7e
Roxanne Diaz asmin Loi
Rob Rockwell Risk
City Attorney
Pirector
of HR
Mgmt
Finance Director
APPROVE DENIAL
0
Page 44 of 267
ITEM NO 4f
INDIO
CALIFORNIA
April 16
FROM
2014
and
Safety
between the
City of
California
Corporation
documents
imaging
and
permit
RECOMMENDED MOTION
Approve
Agreement
between the
Indio and Doulames II LTD a California Corporation DBA Convert Doc for document A and archiving in an amount not to exceed 40 000 and authorize the City Manager to execute the
City of imaging
agreement
SUMMARY The and
City requires professional service from a qualified company with proper equipment expertise to digitally scan building permit documents and convert into accessible digital files This includes the ability to safely store large format construction plans This service also requires the sorting and indexing of scanned docume is into re dily searchable digital files It is important that property information can be located gt ic y and a curately in order to greatly benefit the public
Continued
on next
page
000 40 000 40
A N
ore
In Current Year
en
ans
x iminer Yes A N 14 13
Budget
FINANCIAL DATA
Budget Adjustment
For Fiscal Year 101 4430 443 41 21 101 4430 443 21 90 101 4430 44324 30
Source of funds General Fund Account number 101 4430 41 21 443 1014430 443 90 21 30 24 1014430443
50 377 25
20 536 11
51 663 11
Balance remaining
2141 1014482443
101 4430 443 21 90 30 24 1014430443
377 5 50
536 1 20
66151 1
Legal
Review
Depart
tad
eview
Financial Review
Roxanne Diaz
Jid epL
City Attorney
el De
V t
pr
Rob Rockwell
nt Service Director
Finance Director
Approve
Page 45 of 267
Staff
a
Report
City
Council
Professional Services
Doc
Agreement
Doulames
II LTD
California
Corporation
DBA Convert
plans
and
Code Section 19850 requires that the city maintain an permits for the life of the building for which a building permit
Safety
this
City
is to
established to invited
a
companies
were
Doulames Il LTD
cost effective and
reprographic bid along with two other industry recognized companies California corporation DBA Convert A Doc is determined as the most
to
same
City
of Indio
qualified service provider They had performed the are honoring the same per unit cost from 2006 prior
and
FINANCIAL ANALYSIS
Sufficient
funds
Building and Safety Division Plan Check Services Account s Professional Services Account 101 41 21 Building Division 443 4430 101 s Repair and Maintenance Account 90 and Building Division 21 443 4430 4430 101 30Any remaining documents that cannot be processed under this budget will be 24 443 safely stored until funds become available during future budget cycles
are
currently budgeted
ll LTD
California
corporation
DBA Convert
Page 46 of 267
16th day
of
April 2014 by
II LTD
a
Doulames
Agreement the Contract is made and entered into as of and between the City of Indio a municipal corporation City California corporation doing business as Convert a Doc
Contractor
RECITALS
A to The
scan
digitally
City requires professional services from a qualified company with expertise building plan and permit documents and convert such documents into
accessible
digital files
trained experienced
and
perform
qualified
to
NOW THEREFORE
the
parties agree
as
follows
AGREEMENT 1
Scope
a
of Services
Contractor shall perform the Scope of Services described on Exhibit A incorporated herein by reference in a manner satisfactory to the and consistent with the level of care and skill members of the ordinarily exercised
in
by
the
same
locaility
Scope
of
Services
equipment
and vehicles at
b Contractor shall furnish all necessary tools ssole expense to perform the Scope of Services Contractor
C
Contractor shall
require
each
of its
adhere
shall be
to basic
employees
uniforms
working
equipment
worn
and gear as is required by State of California at tall times buttoned and tucked in Time of Performance The services
workplace
and
subcontractors
of Contractor are to commence upon execution of this Contract and shall terminate when the archiving of building records and plans is complete as required under this Contract agrees to compensate Contractor and Contractor agrees to satisfaction for the services required by this accept in full Agreement the compensation as more particularly described in Exhibit A Consideration Said Consideration shall constitute 3
Compensation City
Page 47 of 267
reimbursement of Contactor s fee for the services other direct or indirect costs or fees including
as
well
as
the work of
subcontractors equipment materials and supplies necessary to provide the service including all labor materials delivery tax assembly and installation as applicable In no event shall the Contractor be paid more than 40 000 based on the per unit price set forth in Exhibit A
Contractor shall not be entitled to reimbursement for any expenses
Contractor which
are
not
expressly
authorized
by
City
such
Payment by City
defects
4
were
under this Contract shall not be deemed known to the City at the time of payment
waiver of
defects
even
if
Payment Contractor shall submit monthly billings to City describing s bills shall include a brief performed during the preceding month Contractor description of the services performed the date the services were performed the number of hours spent number of records archived and corresponding per unit cost and by whom if applicable and a description of any reimbursable expenditures City shall review approve and pay such undisputed amounts within a reasonable time after the City s receipt of the same
the work 5 Contractor Extra Work At any time during the term of this contract City may request that Extra Work As used herein Extra Work means any work which is
Method of
perform requested by the City and not part of the Scope of Work described herein Contractor shall not perform nor be compensated for Extra Work without written authorization from the City her designee unless such work is verbally requested in Manager or his conjunction with an maintenance Extra work shall be invoiced emergency request separately from services performed in accordance with the Scope of Services
6 Termination
This Contract may be terminated by the City upon one 1 day written notice after reviewing the initial finished work product it is not to the satisfaction of the City if to be solely determined by the City The initial finished work product is defined to mean the
a
the
terminate this Contract for any reason or no reason upon fifteen notice Contractor agrees to cease all work under this Contract on
or
of such notice
b In the event of termination of this Contract Contractor shall be of termination In
by City
on
due to the
no
fault
or
failure work
of
paid
no
based
percentage of
paid
event shall Contractor be entitled to to Contractor for the full performance of the
services
Agreement Contractor shall have no other claim against City by required by of such termination including any claim for compensation Upon termination
City
as
Invoice within
for
Page 48 of 267
s Books and Records Contractor Contractor shall maintain any and all ledgers books of account invoices canceled checks and other records or documents evidencing or relating to charges
a
vouchers
for
services
3
to
this
years
expenditures and disbursements charged to City or for any longer period required by law from the date
or
for
minimum
of final
Contract b Contractor shall maintain all documents and records which demonstrate
minimum
any
longer
Any
records
or
documents
required
or
pursuant
to this
audit inspection during regular City Manager City Attorney City Auditor or a designated representative of these officers Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so Otherwise unless an alternative is mutually s address indicated for receipt of agreed upon the records shall be available at Contractor in this Contract notices
business
hours upon
written
request by
the
d lost
or
Where
City
has
reason
may by records be
given
City
representatives
or
that
Independent Contractor The parties agree understand and acknowledge that Contractor is not an employee of the City but is solely an independent Contractor Contractor expressly acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers compensation or unemployment insurance or other employee benefits and that any person employed by Contractor shall not be in any way an employee of the City As such Contractor shall have the sole legal responsibility to remit all her own workers federal and state income and social security taxes and to provide for his and insurance and that of her employees or subcontractors his compensation unemployment Neither City nor any of its agents shall have control over the conduct of Contractor or any of s employees except as otherwise provided herein Contractor shall not at any Contractor time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of City Assignment This Contract shall not be assigned in Contractor without the prior written approval of City Any attempt by this Agreement or any rights duties or obligations arising hereunder
effect
9 whole
or
in
part
so
Contractor to
by assign
no
Page 49 of 267
10 have
Interests
of
Contractor
Contractor
professional employees
not
covenants and
performance
11 Contractor under this
that it
would this
contemplated by
Agreement
interest shall be
employed by
or
Ability of to perform
Contract
Contractor
City
has
relied
as a
upon the experience and training of material inducement to enter into this
provide properly skilled personnel to perform all services performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily s field of expertise to be expected of a competent contractor in Contractor Furthermore Contractor represents that it has or shall secure at its own expense all personnel required to s Scope of Work under this Agreement All personnel engaged in the work perform Contractor shall be qualified to perform such Scope of Work
12 to
comply
13
with all
Compliance with Laws Contractor shall use the standard of care in its profession applicable federal state and local laws codes ordinances and regulations
Protection of Professionals Interest in Plans Contractor acknowledges that the provide pursuant to this Contract may include the copying of plans in which
service it will
professionals may have ownership copyright or acknowledges that duplication of such plans may be subject to certain federal and state laws including but not limited to the provisions of California Health and Safety Code Section 19851 Contractor hereby agrees to take all steps or registered reasonably necessary to safeguard the interest of any certified licensed and in of the or other documents Contractor takes any professionals plans possession of the documents in the course of the performance of services pursuant to this Contract and to comply with all federal and state laws regulating duplication of such plans or documents including but not limited to California Health and Safety Code Section 19851 represents and warrants to City that it has the licenses permits qualifications insurance and approvals of whatsoever nature which are legally required of the Contractor Contractor represents and warrants to City that Contractor shall at its sole cost and expense keep in effect or obtain at all times during the term of this Contract any licenses permits insurance and approvals which are legally required of Contractor including but not limited to a City business license
Licenses
14 Contractor
or registered certain certified licensed and other protected interests Contractor further
acknowledges that all City documents and records taken into the custody of Contractor in the performance of services pursuant to this Contract are and shall remain the sole property of the City Contractor agrees to take all reasonable steps necessary to safeguard such City documents or records from damage destruction loss or theft In the event that any such City documents or records are damaged destroyed lost or stolen while in the custody of Contractor Contractor shall be solely responsible for such damage destruction loss or theft and shall indemnify the City for Safeguarding
15
of
s City
Documents
Contractor
Page 50 of 267
any theft
damages
losses costs
or
expenses
resulting
from such
or
indemnify and hold the City its officers employees and agents free and harmless from and against any and all actions suits proceedings claims demands losses costs expenses or liability whatsoever including wrongful death based or asserted upon any act or omission of the Contractor its employees subcontractors and agents relating to or in any way connected with the accomplishment of the work or performance of Scope of Services under this Contract As part of the foregoing indemnity the Contractor agrees to protect and defend at Contractor s own expense including attorney fees the City its offices agents and employees in any legal action based upon any such alleged
16
Indemnity
Contractor shall
acts
or
omission
this Section
Agreement
17 Insurance
Requirements
s own Contractor at Contractor for the duration of effect
cost this expense shall Contract the following and
Insurance
Compensation Coverage Contractor shall maintain Workers Compensation Insurance and Employer her employees in sliability Insurance for his laws of the State of California In contractor shall require each accordance with the addition subcontractor to similarly maintain Workers Compensation Insurance and Employer sLiability
Insurance in accordance with the laws of the State of California for all of the subcontractor s
Compensation policies City thirty 30 days prior to such change The insurer shall agree to waive all rights of subrogation against City its officers agents employees and volunteers for losses arising from work performed by Contractor for City
or
employees Any
notice of cancellation
must be received
by
the
at least
ii
General in
an
Liability Coverage
general liability
occurrence for
insurance
or
bodily injury
amount not less than one million dollars 000 000 per 1 personal injury and property damage If a commercial general
a
general aggregate limit is used either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit liability
iii automobile Contractor Automobile shall maintain Contractor Liability Coverage and covering bodily injury property damage for all activities of the in connection with the work to be performed under this Contract
insurance form
liability arising
insurance out of
or
non vehicles in an amount of not less than including coverage for owned hired and owned one million dollars 000 000 combined single limit for each occurrence 1 b
Insurance
Rating Requirements
A
VII
liability
insurance
policy
no
by
the latest
general liability and automobile by the Insurance Department of the edition of Best s Key Rating Guide
Each
Page 51 of 267
Endorsements
Each
insurance
policy
automobile
liability
appointed officers officials employees respect to liability arising out of work performed by or on behalf of the Contractor including materials parts or equipment furnished in connection with such work or operations
agents and
volunteers
are
to be covered
ii
City
its
elected
or
primary insurance as respects the appointed officers officials employees agents and volunteers Any
This
policy
shall be considered
insured retention City including any self insurance only and shall not contribute with it
by
the
the
City
This insurance shall act for each insured and additional insured had been written for
as
liability
elected
rights of subrogation against the City its or appointed officers officials employees or agents
iv The insurer waives all
V
Any failure to comply with reporting provisions of the policies shall City its elected or appointed officers officials employees
The insurance
provided by
or
voided canceled
has been received d
or
in limits
Policy shall not be suspended except after thirty 30 days written notice
this
approved by
payment
the
insured Any deductibles or self City At the City s option Contractor shall
or
demonstrate
financial
capability
for
Certificates of Insurance
provide
with original endorsements to City as evidence of the insurance coverage required herein or certificates are otherwise waived by the City unless such insurance endorsements and
Manager
Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement of
kept on
of this Contract
18 and either
Notices served
Any notice required to be given under this Contract shall be personally or sent prepaid first class mail Any such notice
in
writing
shall be
addressed to the other party at the address set forth below Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section
If to
City
Page 52 of 267
Indio
CA 92202
Murrieta
City
drafts memoranda
20
integrated agreement between prior communications including correspondence representations are superseded in total by this Contract
represents
All written and oral
or
Amendments
document executed by
21
amended
only by
written
Waiver
waiver of
Waiver of
a
breach
or
continuing
Contract
22
subsequent
breach of the
any other
provision
under this
Severability
If
any
a
term
or
portion
otherwise unenforceable
by
court of
competent jurisdiction
Controlling
Law Venue
governed by the laws of the State of California and any action brought shall be held exclusively in a state court in the County of Riverside
24
shall be Contract
Litigation Expenses and Attorneys Fees If either party to this Contract commences any legal action against the other party arising out of this Contract the prevailing party shall be entitled to recover its reasonable litigation expenses including court costs expert witness fees discovery expenses and attorneys fees parties agree to make a good faith attempt to resolve any disputes arising out of this Contract through mediation prior to commencing litigation The parties shall mutually agree upon the mediator and share the costs of mediation equally If the parties are ENDISPUTE unable to agree upon a mediator the dispute shall be submitted to JAMS its successor in interest JAMS shall the or with the names of five JAMS provide parties qualify mediators Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute If the dispute remains unresolved after mediation either party may commence litigation
25 Mediation The
Page 53 of 267
This Contract may be executed in several counterparts each of which and the same instrument and shall become binding upon the parties when
signed by
both
parties
hereto
27
Authority
to Enter Contract
execute
Contractor has all requisite power and authority to deliver and perform the Contract Each party warrants
signed
legal
power
right
and
authority
to
28
nor
retained any company or person other than a bona fide employee working solely for Contractor to solicit or secure this Contract Further Contractor warrants that it has not paid
employee working Contractor solely percentage brokerage fee gift or other consideration contingent upon or resulting from the award or making of this Contract For breach or violation of this warranty City shall have the right to rescind this Contract without liability For the term of this Contract no member officer or employee of City during the term of his or her service with City shall have any financial or other personal interest direct or indirect in this Contract or obtain any present or anticipated benefit arising there from
nor or a
has it
agreed
bona fide
for
29
Officers and
Employees
No officer
or
employee
of
City
shall be
personally
breach
by
successor 30
or any successor interest in the event of any default or in for which amount City any may become due to the Contractor or its for breach of any obligation of the terms of this Contract
Contractor
Equal Opportunity Employment Contractor represents that is an equal opportunity employer and it shall not discriminate against any subcontractor employee or applicant for employment because of race religion color national origin handicap ancestry sex or age
Such non discrimination shall all activities related to initial include but not be limited to recruitment or recruitment employment upgrading demotion transfer advertising layoff or termination
parties
on
the
CITY OF INDIO
Dan
Martinez
City Manager
Page 54 of 267
ATTEST
CYNTHIA HERNANDEZ
City
Clerk
APPROVED AS TO FORM
Roxanne Diaz
City Attorney
CONTRACTOR Doulames
11 LTD
California
Corporation
dba Convert Doc A
Stan Miner
Title
Page 55 of 267
EXHIBIT A
provide the following document imaging and archiving services as set forth in s proposal to the City attached herein If City discovers that any of the documents Contractor were not properly imaged and or archived Contractor shall make the required correction regardless of whether the Scope of Services has been completed
Contractor shall
Page 56 of 267
Table of Contents
Appendix
Completed Summary
Sheet
6
8
Scope
References of Services
Scope
Page 57 of 267
APPENDIX A
SUMMARY SHEET
Firm Name
Doc A Convert
Firm Parent
or
Ownership
Doulames 11 LTD
California
Corporation
Firm Address
41085 Elm St
Employee
Telephone
Number
City
required for
Telephone Number
Email
Person
responsible
for
to servicing day
of the
account
Title
Telephone
Email
Number
Fax
Types
provided by
the firm
Aperture
Card
Microfiche conversion and microfilm creation Services also include indexing and Database
Manager creation
Page 58 of 267
Murrieta CA 92562
Tel 4819 951 677 Pax 4814 951 677 mail pr2@bidamerica E com Stan Miner Jim
Qualifications
of Firm
image
in 1995 and
was
incorporated
in March of 1997
The
Archiving
founded in
documents plan
Since that time BidAmerica has converted many millions of September microfilm and sets microfiche aperture cards into electronic images
as one
of 1997
Line Plan Rooms Public Agencies Country first Electronic On s their works public projects soon began to inquire about the advertising and of their sheets electronically archiving large plan engineering drawings Since that time we not potential and for works only scan on a daily basis plans specs public projects but we perform the same function for and Safety Planning Departments for cities and counties throughout many of the Engineering Building
BidAmerica began
of the
Room for
a new
engineering plans
its
own
conversion work at
Murrieta
We
never
plan documents
sheets
or
overseas
over
130
Engineer
public agencies over the past 10 years any indexing or plan spec questions arise
and has
Registered
Insurance BidAmerica
currently
covers us
up to
a maximum
of 00 0 2 000 00
Registered
Civil
Engineer
Director of His
software
development
a
administration As
as numerous
other
integration with numerous archiving systems Engineer he has extensive background with AutoCAD and design packages imaging
Civil Division Production
well
as
network
as
GIS
Systems
well
Spaulding Archiving
Manager
s current Jim
specialty
is customer liaison
drawings emphasis
over
Doc over four years ago scanning A Convert project supervisor Jim started with BidAmerica on experience with each phase of electronic archiving with an and documents He has hands
on
image quality
and
as
well
as
database
design
Jim also
brings
to BidAmerica
Doc specializes in processing large volumes of A Manager Convert images very expeditious fashion This accuracy is derived from the efforts ofSean has and check modules within our system that assures Irish He developed implemented numerous double us of maintaining the highest image quality available as well as having each database record perfectly matched with the appropriate image file
Quality
Control
data and
accurate
and
Page 59 of 267
Scope
Work of Services
at
specified
location
rolled
plans
There will be
minimum of 5
filing
cabinets per
pick pick
filing
cabinets and
plans
transportation
to the
Murrieta
California
operation
Cabinet drawers should be labeled with content list to be done by the City This will allow file location should the City require the item be returned via e mail images fax or return by next day air delivery Once the items reach A Convert D oc the contents of the filing cabinets will be placed in boxes Doc Boxes will be labeled with range of documents contained within A Convert
supplied
by
preparation
or
will do the
following
permit file
on
Remove
staples
to 5X 1 I 8
paper clips fasteners and tape sticky notes or undersized documents allow scanning The sticky note pages will be placed in front of original
paper and straighten for scanning Remove I I X17 and larger paper sizes for oversize
Tape damaged
or
scanning bindings
on
permit
number on all
drawings documents
5 X 14 greater than 8
outside border
Equipment Scanning
Each
scanner
Used
has
minimum of 2
qualified
staff
during
each shift
5 X 14 For page size up to 8 The equipment we intend to use is pages per minute then removes the will
scan
similar scanner capable of scanning 180 duplex Technology that scans the documents in Grayscale grayscale background Image enhancement is outstanding with this Fujitsu This scanner
a
Fujitsu
use
M4099D
or
This
scanner
will
Virtual Rescan
about 30 000 documents per shift Blank backside of pages will be for these blank sheets
City removed
will not be
charged
For page size 11 X 17 and larger For the larger than 11 X 17 document two 2 Centex model 4300 These
scanners are
large
format
scanners
will be
required
capable
images
each per shift will have both internal and external hard drives
connected
to
the
scanners
scanning
will be
Quality
Review is
During
This is
the
our
looking
for
possible
image
Images will
up by using cleaned
despeckles
and deskews
Page 60 of 267
After
Scanning
the
images
will be deskewed
quality
images
are
reviewed
Indexing Indexing is
information resolved
to be
performed by viewing
our
keying
in the
permit
number
Since each
image
is viewed this is
third
quality
control check
are identified and by separate operators then comparing the index tables All The City will provide electronic permit number assure near perfect index accuracy database that includes the City required index fields Example of other typical fields number street name applicant name date of application APN permit type etc
entry discrepancies
This will
Record
Database
using
version 97
or
2000
Database will
perform
as
using
the
following
on
City provided
many of the
fields
Microsoft Access may be linked via ODBC to current or future GIS programs Price the market
system
well
as
permit
in line item 105 Microsoft Access Development includes initial installation on City server The price does not include Microsoft Access Licenses that may be and customer service phone help
quoted
required
Media
images
will be burned to CD
or
Reassembly
Not
required
This is
an
optional
service not
quoted
as
part
of the
proposal
a
All documents will be reassembled in the identical order received Oversize documents will be collated with
letter legal and smaller document sizes in the identical order removed
page location sheet prior to each oversize sheet belong in a particular document
Note
The vast
Doc to A Convert
have worked with in the past 10 years have allowed lieu of the following process
are
During the prep stage documents are removed from the boxes The paper documents from folders binding books and other Agency separation methods
The folders
are
removed
replaced
The paper documents are separated into two different groups 5X 14 1 Letter Legal and smaller up to 8 2 X17 and 11
beginning
of each
new
document
After the prep process letter legal and smaller documents are replaced in the box after the folders in the identical order received Behind the letter legal and smaller will be the oversize documents in the identical order received Docwill A Convert bar code sheets it will be easy to
a
use
so
visually identify
each
new
document
Should
box this
can
be accomplished easily
by reviewing
the first
Page 61 of 267
Access to Documents
during
are
Requests
in s Doepossession A Convert
during
the
scanning
in several ways based on the client spreference Upon receiving the request for a document Convert Doc A mail the images or mail them via next day will locate the documents and either fax them scan them and e
delivery
mailed images will be able to be viewed E From there
by
anyone
having
on
their computer
they
can
out
copies
if needed
Emergency delivery
time
Most requests for documents are handled in under I hour from the time we receive the request Requests for Doc employee at A documents to be returned will be mailed back via next day air or returned by Convert additional
charge
site in
our
images
and database
are
provide
and
to
additional charge
It is the
s responsibility City
prior
to the end of
a
the storage period if items are to be returned After six months the document boxes will be letter certifying quantity of boxes and contents will be sent to the City contact
destroyed
Time to
Complete
based per
on
taking possession
of
minimum of five 5
filing
cabinets and
thirty
thousand
trip
scan
30K Plan sheets 25 30 working days afterjob start to 300K Permit pages 45 working 30
and index
days afterjob
start
Page 62 of 267
Completed task in
days Indexed
000 County permit plan sheets Indexed for import in Questys County of Imperial CA Scanned 40 Management System Development Services Director Imperial County Planning Jurg Neuberger
801 Main Street El Centro CA 2811 92243
Document
County
Building
Official
Dave Dean
County
of
Document
5 million County Monterey Scanned and indexed over 1 Management System Recorder County Assessor County Clerk Mr Stephen L Vagnini Office s Assessor 240 Church
Street
RM 202
CA 93902
City
of
Sunnyvale
CA 94088
us ca stinnyvale dpericins@ei 900 documents Indexed all images City of El Monte Police Department Completed the scanning of more than 000 AR case numbers UCR codes and suspects name Created LaserFiche volumes for importation into the client s by R LaserFiche Document Management System Ongoing Project El Monte Police Department Paul Gallovicly IS Department or Captain Steven Schuster 11333 Valley Blvd
El Monte CA 91731
Page 63 of 267
Scope of Services
City of Indio
712013 DATE 3
RE Archiving
Item
Building
Estimated
Unit
Quantity
101A Document
Cost
025 0 Total
Preparation staples
and
725 299
Remove all
box and
clips Tape torn documents as needed in order for them to passthrough scanners Prior to scannin paper be removed from the original file folders and separated by a bar code sheets Empty file folders will be retur in the same chronological order they were removed
smaller 150 201
040 0 per
102A
image
Total
Documents shall be scanned at 300 be returned to the
same
046 8 00
box is
in the
one
original
1028
file folders
Image
dpi in Group 4 multi page TIFF format The individual documents separated by barcodes wi chronological order they were removed but will not be restapled nor put into correspondi page side Duplex double sided counts as two pages
same
Conversion C D
a
or E
575 98
740 0
Total
per
image
50 945 72
a
plan
sheets at
minimum of 300
dpi
Group
image format
stated below
width of 36
mylar
vellum
or
103
Multi
paging
Indexing
725 259
020 0 Total
per
image
994 5 50
into
project by
or
indexing
information
City to images
counts as two
pages 00 0
Total per
104
Pickup delivery
No
original documents
trip is 150
trip
otherwise each
00 0 per DVD
105
Duplicate of
images Duplicates
are at
0 additional
00 1111115
Grand Total
charge 13 479 94
Notes 1 Estimated
quantity is based
on
convened scanned 2 3 4
information provided by client Your actual quantities will vary Client will be only charged for items
as
Scanning
will be
Line Art Format unless otherwise noted Grayscale can be quoted on the following information provided by Client
contact
Price includes six month storage Documents will be destroyed six 6 months after job completion It is the client s responsibility t Doc A Convert to return files prior to end of 6 month period prior to file destruction
Estimate Table
average 70 plans
bag
48 60
Boxes
Plans Coca
Drawers Plans Docs 8a
s
Documents
Number of Drawers average 140 Plans Documents Number of Plans
00
plans
7 80
000 21
aka
Bags
plans on
shelves
average
235
plans
150 does
per
401
235 94 150 60
Plans Docs
Documents
Page 64 of 267
ITEM NO
4g
FROM
Public Works
Department Agreement
new
between the
City of
Landscape
landscaping
services to include
properties
City
of
Hjorth
park
neighborhood
will
come
and the
City
became
responsible
ended With the
park
period
landscape
maintenance of
controlled area the City became City annexation of the former s for the landscape maintenance of Desert Meadows LLD 51 and Las Colinas LLD 52 responsible LLD 51 52 have their own funding and will pay for the landscape maintenance in their areas with these funds
Continued
on
the next
page Prepared By
Parks Mike
Edgar
II
Landscape Inspector
300 In 4
current year
budget
Yes No 14 13
800 Budget adjustment 1 338 For fiscal year 10 Current account balance Various
Balance
Future F Y cost
Various
Various
remaining if approved
Various
Legal
Review
Department
Review
Financial Review
R
Roxanne M Diaz
City Attorney
Engineer
CITY MANAGER SRECOMME NDATION
y
CITY
SSIGNATURE MANAGER
Approve
Page 65 of 267
Amendment No 3 to the
Agreement
between the
City
Landscape
Inc for
properties
Therefore staff requests approval of Amendment Landscape to provide for the continuation of landscape
BACKGROUND Excel services Districts The
No
to
the
agreement
with
Excel
properties
citywide s LLD
for
Landscape Inc Excel currently provides landscape the City s Landscape s parks and parkways and the City
maintenance and
Lighting
City entered into the original agreement with Excel for park and parkway landscape services in July 2012 with the contract term beginning on September 1 2012 With the park and parkway landscape work we are in our second year of the contract Under the contract after the first year the annual compensation is increased by 3
The
following
provide
year in July 2013 Amendment No 1 was entered into by the parties for Excel to the maintenance of the Landscape and Lighting Maintenance Districts LLMD with
the contract term for the LLMD work from August 6 2013 of this first term the compensation will increase by 3 On November
through August 20
20 2013
Amendment No 2
was
entered into
by
the
parties
for Excel to
provide
properties
term compensation
Hjorth Park and LLDs 51 and 52 staff requests an amendment to the agreement with Excel so they can provide landscape services for these properties as well This is preferable over soliciting bids as this work was bid out just over two years ago and it would be inefficient in such a short period of time to go out to bid for a handful of parcels The term for the work for these properties is from September 1 2013 through August 31 2014 If the Excel contract is extended at the end of term August 31 2014 this work will also be subject to the 3 increase in compensation
The
release
agreement with extensions will end a new request for bids to ensure
work Excel
our
on
that
time
as
staff will
as
quality
provides
current
well
high
and desirable
by
the
properties and amending this agreement will allow the same provided continuously without interruption to the new properties previously Successor Agency Approval of through the LLD budgets
this Amendment No 3 in the initial amount of
FINANCIAL ANALYSIS
covers
300 4
landscape
services
and
Parkways
and
Schedule A landscape services through 13 cost 475 446 with 14 The fiscal year 14 1 9 for the LLD landscape services through Amendment No 1 will cost the city 408 489 this fiscal 8 months of the fiscal year Amendment No 3 will add 4 300 687 for 10 year prorated 37 14 contract amount to the amount paid to Excel this fiscal year Upon approval the total FY 13 with Excel Landscape Inc will be 888 235
The 14 fiscal 13 Amendment No 2 is the 3 inflator in effect
Fund
Page 66 of 267
Amendment No 3 to the
Agreement
between the
City
Landscape
Inc for
landscaping
April 16 Page 3
properties
2014
Landscape Contract
Agreement
City
Landscape
Landscaping
B
Services 2
Original
Page 67 of 267
Attachment A
AMENDMENT NO 3 TO THE AGREEMENT BETWEEN THE CITY OF INDIO AND EXCEL LANDSCAPE FOR LANDSCAPING SERVICES This Amendment No 3 is entered into between the
City
of Indio
City
and Excel
this
and
RECITALS
landscape maintenance as parkways citywide parks s Lighting and Landscape City Districts LLD an to entered into by the parties dated s pursuant agreement 2012 and amended Amendment No 1 on September 17 2013 September 1 by Amendment No 2 entered into by the parties on November 20 2013 provides for landscaping services for properties taken over by the City from the Successor Agency to the Redevelopment Agency of the City of Indio The agreement along with the amendments shall collectively be referred to herein as Agreement currently provides
and
as
Contractor and
the
City
with annual
for
well
for the
City
Agreement
to include
as
part
of Contractor s
scope of work the landscape maintenance of the following properties General Fund Desert Meadows LLD 51 and Las Colinas LLD 52 In desires to amend the C
Hjorth
Park
addition City
Agreement to qualified
provide
for additional
compensation
and agrees to provide the additional work to the terms of this Amendment 3 to the Agreement
Contractor is
pursuant
NOW THEREFORE
as
for
good
and valuable
consideration
the
parties
agree to
follows
Section 1
Contractor shall
provide landscape
properties beginning on September 1 2013 through August 31 2014 as is further indicated in Exhibit A Work Said work is subject to all the terms and conditions of the Agreement and the term may be extended as set forth in the Agreement City agrees to compensate Contractor and Contractor agrees to 300 for the term of accept following compensation for the Work the sum of 4 2013 2014 00 per September 1 through August 31 payable on a monthly basis of 850 month pro as as is more described in Exhibit A to this rata applicable particularly Amendment No 3 Subsequent to this initial term if the City extends the Agreement the fees set forth in Exhibit A shall be increased by 3 for the subsequent new term
the Section 3 Section 2
Except
remaining
terms of the
Amendment No
the
1 and Amendment No
Page 68 of 267
CITY OF INDIO A
municipal corporation
MICHAEL WILSON
Mayor
ATTEST
of the
City
of Indio
CYNTHIA HERNANDEZ
City
LANDSCAPE
INC
Title Name
Title Name
APPROVED AS TO FORM
ROXANNE M DIAZ
City Attorney
0 v
c
3
a
m m
ua
CU
U
W
CU
v
J
0 O u
O
u
N
00
a o
0
N co co
v v
N
v v
N
Q Y r2
L
x w
O O C
O O
O O V O
O
O
N N
O
N N
G
70
Q
o
4
G
70
Q
g
N
0
H
Z
O
u
0
H
O
u
m z z
Y L
d
I c
m
Y L
O
M ei
N
E
Z
c N
O
H
c QJ
O
Y
O
H
g
Z Z z
c
O
N
a
9
m
Z
n
Q
r 2
m
a
a
u
o0
G
O
O
r 2 H Z
o0
0 0
d
u
L
O
Ln
a
M
a v
Y
z O
a
o
a
v
O
Vv
CL m
u
Z
Y
m
c fa U
y
Y
C co
U Q
J
0 u x
v
0
m
a1 c
J
a
u
O a
N
5
0 O
u
m Q C
J
N Ln
4
N
Page 71 of 267
Attachment B
CONTRACT AGREEMENT THIS AGREEMENT is made and entered into this 1st day of September 2012 by and between the City of Indio hereinafter referred to as City and Excel Landscape Inc located at 710 Rimpau 108 Corona CA 92879 hereinafter referred to as Contractor In consideration of their mutual covenants the
parties
agree
as
follows
Contractor shall furnish all labor materials perform the following work in the City of Indio
equipment and supplies necessary to strictly in accordance with the Contract the Contract Documents including Documents including the Notice Inviting Sealed Bids Proposal Instructions to Bidders General Provisions Special Provisions Plans and Specifications and Exhibits thereto each of which documents is made a part of this Agreement as though fully set forth herein for the following project
CITYWIDE PARKS LANDSCAPE AND LIVID MAINTENANCE 2 The terms of this
Agreement
shall be for
period
City
extend for four 4 additional 12 month periods Contractor commences work During the term the F of the General Provisions pursuant to Section III
3 In consideration to the
the date
may the
be terminated
Contractor and
performance of this Agreement the City agrees to pay Contractor agrees to accept in accordance with the following schedule
12
payable
on a
monthly
month period of the Agreement the sum of 398 00 160 basis at 33 00 180 month Sum Base per hereinafter
Schedule
SCHEDULE B
During the first twelve 12 month period A N payable on a monthly basis at Schedule B
4
of the
Agreement
per month
the
sum
of
hereinafter
A N Base Sum
The fees set forth in Exhibit A Schedule A and Schedule B shall be increased 0 on each anniversary date of the start date of the contract 3
by
5 Deleted 6 In the event any legal action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall in addition to any other costs and relief be entitled to its reasonable
s attorney
1 CA
fees
Page 72 of 267
and
Concurrently with the execution of this Agreement Contractor shall file with the City keep current the certificates of insurance specified in said Contract Documents Agreement
shall not be
This
assigned
permission
of the
City
Council 9 The
City
reserves
the
right
to add additional
areas
to add or delete any portions of this contract at any time based on the extrapolated current per acre
or
price
10 After the first year of the Contract either the City or the Contractor may cancel the Contract without cause or penalty upon 30 days written notice to the other party
2 CA
Page 73 of 267
s Bidder Name
Excel
Landscape
Inc
City Council
of the
City
of Indio
accordance with the specifications in the contract finents cl which are on file in the office of the Contract Administrator of the Indio to the s atisfaction and under of City direction of the Contract Administrator at the
Inviting Sealed Bids the undersig ned hereby agrees to furnish all labor materials equipment a nd supplies for project Citvwide Parks Landscape and LIVID Maintenance for the CiiV of Indio CA in
enter into a contract and
compliance with
the Notice
following prices
SCHEDULE A No i ItGn G1 02 G3
and round s
pt10 S
1311RR STRI E I PARK CAI IUILI A PARK DOG PARK
MOn117 t3rICC
00 400
9 9 00 00
500 00
G4 G5 GG G7
DOMINGUEZ PARK DR CARREON PART MILES AVENUE PARK N JACKSON PARK SI IIELDS PARK S JACKSON PARK YUCCA PARK ROTARY F
GO G9 G10
00 X400
DAVIS F SOCCER PARK
00 8500 530 00
G11
CIVIC CENTER
PUBLIC LIBRARY
00 540
G12
G13
00 5200
400 00
G14
00 650
Page 74 of 267
CONTRACT
AGREEMENT
vI Bidder dame Excel G15 6316 G17 INDIO TEEN CENTER POLICE STORAGE FACILITY PUBLIC SAFETY GEN1tiR FIRE STATION 3 FIRE STATION fl4 FIRE STATION 5 AVENUE 42 MEDIANS FRED WARING MEDIANS 1IWY 1 i1 Ml DIANIS i AS I Ill MG HWY fiT DIANSWG INDIO BLVD MEDIANS 6 SI if DR 11 1NGMAN P JACKSON ISLANDS MAFtSI IALI PARKWAY JEFFERSON STREET MEDIANS
Landscape
Inc
1200
00
00 200
420 00
G1d
200
00
45oi oo 380
00
G22 G23 24 0
300
00
00
00
00
G28 G29
o0
PARKWAY
00
200 00
370
00
ROUTE 86 MEDIANS VICTORIA STREET MEDIAN DUNES PALMS ROAD PARKWAY INDIO BLVD MONROE ACCESS JOHN NOBLES SOUTH PARKWAY
400 00
G31 G34
00
00
G35 G36
00 800
200 00
4 CA
Page 75 of 267
CONTRACT AGREEMENT
s Bidder Name
Excel
Landscape
Inc
180 00 33
igures f
398
160
00
monthly
5 CA
Page 76 of 267
IN WITNESS executed
WHEREOF
the
parties
Agreement
to be
ATTEST
C X61
Ctfy
te
Ol
rel CONTRACTOR
Address drd
jG R
Telephone Fay
Nar Title
Fay
Nar Title
AFIPROVEJ2 S I O FORM
DI e Rdk6nh
CITY
ATTOZEY
CITY OF INDIO
IF CORPORATION
SIGNATURES
TWO NOTARIZED
REQUIRED END
OF
SIGNATURES
6 CA
Page 77 of 267
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County
of
y
YY S
1
Uc
On
personally appeared
who the
proved
to me on the basis of
now
satisfactory
ed to
evidence to be hat
n
person
execute
s whose
the
s
name e
me
they
inNeil the
are e
ubscribed to uthorized
hat
by
19
their
ignatur s
a
or
entity
upon behalf of
instrwn
certify
wider PENALTY OF PERJURY wider the laws of the State of California that the
foregoing paragraph
AY 259
MASON J
NESS IP
my
d and officio
cal
J tyJ
NWary
MYComrtthao
1
N
JOmla
O6uMY
2016 Marta t7
Signalun
of Nmnry Pn Iie
Nntnry 6u l
ADDITIONAL OPTIONAL INFORMATION TNSIFOR COlvil IIONS RUC LETING TITIS FORM it Califomla slut contain verbiage exactly as appears above i the notary section or a separate ackumviedgment fans oust be pralxrly carrgd ocd and aumhed to that document The only exception is if a
Any ad7sowbugmant completed ofCalifomin In such antances any ahernanve printed on such a document so long as Be verbiage does not require the nornty to do aosething that Is illegal for n enter in California l a certh ing the authorized calaciq of the stgncr Please check the document carefully far proper notarial wording and coach tho farm rfreonrcd
document
is to
SCRIPIION DF
Title
ewvzh f
ur
1I4H 0O1
d
ITACIIED DOCUMENT A
be recorded cosine
as
acknowledgment verbiage
may
be
Title
or
Number of
description Pages
J
neat
Dale
A dicalta it ormaliou
and Comity where the document public for acknowledgment Date ofnnimizafion must be the data that the spersonally appeared which signer most also be the same data the acknowledgment is coastal ctcd na notary public must print his or her name as it appears wiWin his or bar commission followed by a comma and than your title notary public nbn to name s of docmnent signer s who personally appear at the time of
State and
Costly hmfurmation
trust
notarization
Indicate the
correct
singular
or
Individual a
toiate
Officer
amIor circling the correct forms Failure a correctly indicate this shdiboy is he information nsay lead to rejection ofdocurrenl recording Ihc notary sea impmssimt must be clear and photographical y reproducible seal if a Impressimi must not cover text or lines Ifseal impression smudgev re sufficient area permits otherwise complete a diffinenl acknowledgment form Signature of 0he notary public nest match the signature on file with the afree of
the
county clink
required
or
but could
to
a
help
to
ensure
this
attached
different document
document number of pages and date the signer Ifthe claimed capacity is corporate officer indicate the title i e CEO CrO Secretary
Irdiaste the
mmdm this
capacity
by
Securely
doeumcnl to the
signed
dncumrnt
Page 78 of 267
2 Counterparts
CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS
PUBLIC
WORK
THAT WHEREAS the City of Indio California sometimes referred to hereinafter Obligee has awarded to Excel Landscape Inc hereinafter designated as the Contractor an agreement for the work described follows
CITYWIDE PARKS LANDSCAPE AND LIVID MAINTENANCE
as
as
the work to be
performed by
Public
particularly
set forth in
Contract
hereinafter incorporated
WHEREAS the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof
NOW THEREFORE
Contractor
as
we Principal and
Excel
Landscape Inc
the
undersigned
a corporation organized and existing under the laws of the State of New Hampshire and duly authorized to transact business under the laws of the State of California as Surety are held and firmly bound unto the City of Indio California in the sum of Three Hundred 1 Dollars Eight Ninety 00 160 3sa said sum being not less than One Hundred percent 100 x of the total amount payable by the said Obligee under the terms of the said Public Work Contract for which amount well and truly to be made
we bind
ourselves
our
heirs
executors and
administrators
successors
and
assigns
jointly
and
severally firmly by
these presents
SUCH that if the bounded Principal his its heirs executors administrators successors or assigns shall in all things stand to and abide by and well and truly keep and perform the covenants conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided on his or its part to be kept and performed at the time and in the manner therein specified and In all respects according to their intent and meaning and shall faithfully fulfill the one year guarantee of all materials and workmanship and indemnify and save harmless the Obligee its officers and agents as stipulated in said Public Work
or
Contract then this obligation shall become null and void otherwise
it shall be and remain in full force and effect In case suit is brought upon this bond the said Surety will pay to Obligee a reasonable attorney s fee to be fixed by the Court
One Hundred
Sixty
and 00 100
7 CA
September 1
2012 to
September 1
2013
Page 79 of 267
The said
Surety
hereby stipulates
no
change
extension of time alteration or addition to the terms of the Public Work Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond and it does hereby waive notice of any such change extension of time alteration or addition to the terms of the Contract
or
to the work
or
to the Specifications
No final settlement between the Obligee and the Contractor shall hereunder whose claim may be unsatisfied
abridge
the
right
of any
beneficiary
Principal and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond each shall pay the Obligee s reasonable attorney sfees incurred with or without suit in addition to the above sum
IN WITNESS WHEREOF August
we
our
16th
day
of
PRINCIPAL
Fxccl
Lncjscape
Inc
By
r
SURETY
First National insurance
Company
of America
0y
t
Fact in Attorney
annbr Lopez Sl
on
per thousand
prernium charges
00 734 isy5
The
by corporate attorney
8 CA
Page 80 of 267
IMPORTANT Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code and if the work or project Is financed in whole or in part with federal grant or loan funds must also appear on the THIS IS A Treasury Departments most current list Circular 570 as amended
REQUIRED FORM
Company
of America
790 The
Suite 200
or
Services
Inc
470 E
Highland
Ave
CA 92373
Telephone Number of Surety and Agent or Representative for service of process in California
9 CA
Page 81 of 267
STATE OF CALIFORNIA
ss
COUNTY OF
On this a n
Na
a n
day of
nla
a
in the year
Na
before me
Notary
personally appeared
known to
me to
nia
be the person whose name is subscribed to the within instrument as the nta Surety and Fact of the in Attorney nia to me that he subscribed the name of the acknowledged nla Fact in Surety thereto and his own name as Attorney
SEE ATTACHE D
Notary Public
SEAL
Commission
Expires
a n
NOTE A copy of the Power of Attorney to local representatives of the must be attached hereto
bonding
company
10 CA
Page 82 of 267
CALIFORNIA AL I PURPOSE
ACKNOWLEDGMENT
State of California
County of
San Bernardino
On AugLISt 16 2012
before
me
Raquel L Sato
Notary
Public
personally appeared
Shannon Lopez
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument
I certify under PENALTY OF PERJURY foregoing paragraph is true and correct
QUEL LSOTO
3 1
Signature
Seal
L C
05
GOrA 4958218
NOTAM PUNJO w cagrtr
z
3 48
f 5 1
Page 83 of 267
This Pourer of
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND Attorney limits the acts of those named hereln and they have no authority to bind the Company except In the manner and to the extent herein stated First National Insurance Company of America General Insurance Company of America
Safeco
5329464
Cer ifcate No
POWER OF ATTORNEY
KNOWN
ALL PERSONS BY THESE PRESENTS That First National Insurance Company of America General Insurance Company of America and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire herein collectively called the Companies pursuant to and by authority herein set fodh does
hereby
appoint
MARTIN
DAVIS
PETER M
DAVIS
GEORGE A
GECRISTO
GALE GELD
SHANNON LOPEZ
KEN21E K THOMPSON
REOLAN09 CALIFORNIA stale of each individually if Installer more than one named its tmeand lawful city of Imlad to make execute seal acknovdadge attorney deliver for and on its behalf as surety and as its act and deed any and all undertakings bonds recognizances and other surety obligations in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons
an
authorized officer
or official
day of
a
of the Companies and the corporate seals of the Companies have been affixed
a
n
cn sr
x
STATE OF WASHINGTON io Z C
ss
20
III
COUNTY OF KING
C
c
y m
a y m
On This
zoi2 before me personally appeared Gregory W Davenport who acknowledged himself to be tlo Assistant Secretary of First National America General Insurance Company of America and Solace Insurance Company of America and that he as such being authorized so to do execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer Insurance of IN WITNESS
rem
day Company
of
awn
u to
dW
c C
name
and
on
the
M
C
jA
6y
h1 rr UGtGat F y KD
Riley Notary
blic
p Ct a C
3
0 CL
m
ore
r
i
This Power of
Attorney
rn
m
is made and executed pursuant to and by authority of the following By law and Authorizations of First Nalional Insurance Company of America General ofAlnoriri and Safecoblsurance CompanyofAmerar lch arenowin full forceand effectreading asfollows
OFFICERS
L subject to such Iirritmon as a seal acknowledge and deliver as surety any and all undertakings bonds recognizari and minor surety obligations Such fact subject to the limitations set forth in their in aflomeys of attorney shall have full power to bind the Corporation by their signature and executed such instruments shall be as binding as it signed by the President and as J2 m respective powers O0 2 t attested to by the Secretary Any power or authority granted to any representative aaffomoy fact under the provisions of this article may be revoked at any time by the Board the xo o in a Chairman the President or by the officer or officers granting such power or authority w
pe
Section 12 Power of Attorney Any officer or other official of me Corporation authorized for that purpose in writing by the Chairman or the President and the Chairman or his President may prescribe shall appoint such attmmays Intact as may be necessary to act In behalf of the Corporation to make execute
e
y
Certificate of
necessary to act
The President of the Company acting pursuant to the Bylaws of the Company authorizes Gregory W Davenport Assistant Secretary to appoint such on behalf of the Company to make execute seal acknowledge and deliver as surety any and all undertakings bards recognizances and
M
r
U0 xn of
Authorizatlon
of the
By
una n
im ous consent
th
Company wherever appearing upon a certified copy of any power the Company with the some force and effect as though manuaey affixed
C ompany s B oard of Directors the Company consents that facsimile or mechanically reproduced signature plenty assistant secretary of attorney issued by the Company in connection well surety bonds shall be valid and bldhg upon
10 r
I David M Carey the undersigned Assistant Secretary of First National Insurance Company of America General Insurance Company of America and Solace Insurance Company of America do hereby certify that the original power of attorney of which theforegoing is a full true and correct copy of the Power of Attorney executed by said Companies is in full force and effect and has not been revoked
IN TESTIMONY
L i r
r
WHEREOF I have hereunto set Iny hand and affixed the seas of said Companies this
P
day
or
20
rii
y
c r
JJ
s
fir
r
j
J
tl
r
By
David M
Page 84 of 267
Counterparts
024040296 Bond
Premium Included in
Performance Bond
PAYMENT BOND
CALIFORNIA
PUBLIC
WORK
City
Obligee
has awarded to
Excel
sometimes
hereinafter referred to
as
hereinafter designated
work described
as
as
the
Contractor
an
agreement
dated September 1
2012
for
follows
LIVID Maintenance
Citywide
Parks
Landscape and
hereinafter
referred to
as
Contract
and
WHEREAS said Contractor is required to furnish a bond in connection with said Public Works Contract and pursuant to Section 3247 of the California Civil Code NOW THEREFORE we Excel Landscape undersigned Contractor as Principal and
Inc First National
the 1 Insurance
a
corporation
organized and existing under the laws of the State of New Hampshire and duly authorized to transact business under the laws of the State of California as Surety are held and firmly bound unto the City of Indio California and to any and all persons companies or corporations entitled to file stop notices under Section 3161 of the
Three Hundred Ninety Eight Thousand One Hundred 160 398 00 Dollars said sum being not less than One Hundred Percent 100 of the total amount payable by the said Obligee under the terms of the said Public Works Contract for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors and assigns and jointly severally firmly by these presents
sum
of
1 Company of America
September 1
2012 to
September 1
2013
11 CA
Page 85 of 267
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Contractor his or its shall fail to heirs executors administrators successors or assigns or Subcontractors or other supplies implements machinery or power pay for any materials provisions used in upon for or about the performance of the Public Work contracted to be done skills or other or to pay any person for any work or labor of any kind or for bestowing amounts due the under Unemployment Insurance necessary services thereon or for Code with respect to such work or labor or for any amounts required to be deducted withheld and paid over to the Employment Development Department from the wages of of said Contractor and his Subcontractors pursuant to Section 13020 of the
employees and labor as required by the Unemployment Insurance Code with respect to such work the Surety or Sureties provisions of Section 3247 through 3252 of the Civil Code the sum specified in this bond hereon will pay for the same in an amount not exceeding otherwise the above obligation shall be void In case suit is brought upon this bond the same Surety or Sureties will pay a reasonable attorney s fee to be fixed by the Court In addition to the provisions heminabove it is agreed that this bond will inure to the benefit of any and all persons companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code so as to give a right of action to them or their assigns in
any suit brought upon this bond
of The Surety for value received hereby stipulates and agrees that no change extension Works or to the work terms of the said Public Contract alteration or additions to the time in any to be performed thereunder or the Specifications accompanying the same shall waive of such this and it does notice any bond hereby way affect its obligations on of the to the to terms Contract work of or addition the extension time alteration
change
or to the
Specifications
shall
Obligee and the Contractor hereunder right of any beneficiary hereunder whose claim may be unsatisfied
No final settlement between the
abridge
the
to engage the services of an the Obligee s attorney in connection with the enforcement of this bond each shall pay the above sum in addition to fees incurred with or without suit
Principal
and
Surety agree
that if the
Obligee
is
required
reasonable
s attorney
we
our
16th day of
c
PRINCIPAL
12 CA
Page 86 of 267
IMPORTANT Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code and if the work or project is financed in whole or in part with federal grant or loan funds must also appear on the Treasury Department s most current list Circular 570 as amended THIS IS A REQUIRED FORM
Any
Name
and Address of
Surety
Company
of America
Orange
CA 92868
or
470 E
Highland
Ave
Redlands
CA 92373
Telephone Number of Surety and Agent or Representative for service of process in California
13 CA
Page 87 of 267
STATE OF CALIFORNIA
ss
COUNTY OF
a n
On this
a day of n
a n
a n
a
a n
state
personally
me
the Attorney Fact in the person whose name is subscribed to the within instrument as
appeared
a n
known to
to be
SEE ATTACHED
Notary
SEAL
Commission
Expires
representatives
of the
bonding
company
14 CA
Page 88 of 267
State of California
County
of
San Bernardino
On August 16 2012
before
me
personally appeared
Shannon Lopez
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument I certify under PENALTY OF PERJURY foregoing paragraph is true and correct WITNESS my hand and official seal under the laws of the State of California that the
z
a p
QUEL L SOTS
COMM 1958218
urrEUa
0
z
s P
Signature
Seal
4
1
20 21 9
Page 89 of 267
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attomey limits the acts of those named harem and they have no authorityto bind the Company except in the manner and to the extent herein stated
Certificate
5329461
No
Company of America
POWER OF ATTORNEY
ALL PERSONS BY THESE PRESENTS That First National Insurance Company of America General Insurance Company of America and Safety Insurance Company of America are corporations duty organized under the laws of the State of New Hampshire herein collectively called the Companies pursuant to and by authority herein set forth does
KNOWN conshiute and
hereby name
appoint
MARTIN M
DAVIS
PETER M
DAVIS
CALIFORNIA State of each individually it there be more than one named its true and lawful indact to make execute seal acknowledge agorney behalf as surety and as Its act and deed any and all undertakings bonds recognizances and other surety obligations in pursuance of these presents and binding upon the Companies as if grey have been duty signed by the president and attested by the secretary of the Companies in their own proper persons
EEDLANOS
on
its
an
authorized officer
or
official of the
day of
Amu
Companies
and
2012
sg
By
u
Y y
N
STATE OF WASHINGTON
s
Gregory W
COUNTY OF KING
1al cal
a
w
OR V IN
On Ihis
me personally appeared Gregory W Davenport who acknowledged himself to be the Assistant Secretary of First National Company of America and Safeco Insurance Company of America and that he as such being authorized so to do execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as aduty authorized officer
mm
Insurance
m2
before
Geneml Insurance
uF
orW
E on
IN WITNESS
on
the
day
a
O
t Nl Tir LCLy D Riley I
Oy
ti
Notary
hlie
C
W
OE
E
This Paver of
Attorney is made and executed pursuant to and by authority of the following By law and Authorizations of First Insurance Company of America and Safcco insurance Company of America which are nav in full force and effect reading as follows
National Insurance
Company
of
America General
r
VO
ARTICLE IV OFFICERS
0r
w
Section 11 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such imitation as the Chairman or the President may prescribe shall appoint such allomeys Infact as tray be necessary fo act in behalf of the Corporation to make execute seal acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety ooi atbns Such altomeysdnfact subject to the limitations set forth in their respective powers of attorney shall have full power to bind the Corporation by their signature and executed such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or agomey fact under the provisions of this argce may be revoked at any lime by the Board the in Chairman the President or by the officer or officers granting such power or authority
Certificate of
a RO O
OC
a N
Designation President of Company acting pursuant to the Bylaws of the Company authorizes Gregory W Davenpod Assistant Secretary to appoint such attomeys as may be necessary to act on behalf of the Company to make execute seal acknowledge and deliver as surely any and all undertakings bonds recognizances and fact in other surely obligations
The the Authorization of the
EN
M
00
01
By unanimous consent of the Company Board of Directors the Company consents that facsimile or mechanically reproduced signature s Company wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds shall the Company with the same force and effect as though manuatly affixed
0 of
be valid and
biding
upon
1 David M Carey the undersigned Assistant Secretary of First National Insurance Company of America General Insurance Company of America and Safeco Insurance Company of America do hereby cer ify that the original paver of attorney of which Hie foregoing is a full true and correct copy of the Power of Attorney executed by said Companies is in full force and effect and has not been revoked
IN TESTIMONY
WHEREOF I have hereunto set my hand and affixed the seals of said Companies this
day of
5f 20 12
ti
By
David M
POA LMS
Page 90 of 267
AMENDMENT NO 1 TO THE AGREEMENT BETWEEN THE CITY OF INDIO AND EXCEL LANDSCAPE INC FOR LANDSCAPING
SERVICES
between the
This Amendment No 1 is entered into on this City of Indio and Excel Landscape Inc RECITALS
171h day
of
July 2013 by
and
currently provides City with annual landscape maintenance for citywide parks and parkways pursuant to an agreement entered into by the parties dated September 1 2012 Agreement
B City desires to amend that Agreement to include annual maintenance for the city s Landscape and Lighting Districts
Contractor
landscape
C Contractor is qualified and agrees to provide the additional work pursuant to the terms of this Amendment No 1 to the Agreement
NOW THEREFORE
as
for
good
and valuable
follows
The
as
agree to
Project referenced
in
Paragraph
1 of the
follows
Agreement
is
hereby
MAINTENANCE
AND
CITYWIDE
B set forth in
Agreement
hereby
Paragraph
SCHEDULE B
on
687 37
per month
hereinafter
Base
through August 30 2014 of the Agreement monthly basis pro rata if applicable of Sum Schedule B
Section 3 follows
Paragraph
4 of the Agreement is
hereby
amended
to read as
The fees set forth in Exhibit A Schedule A and Exhibit B Schedule B shall be increased by 0 3 on each anniversary date of the start date of the contract
Section 4 The Exhibit attached to this Amendment No Schedule B shall be added and incorporated into the Agreement 1
as
Exhibit
Page 91 of 267
Section 5
Except
as
Agreement
dated
September
specifically amended by this Amendment No 1 the 1 2012 shall remain in full force and effect
EXECUTED this
CITY OF INDIO A
municipal corporation
ELAIN
M S
Mayor of
the
City
of Indio
ATTEST L
J t 6
CYNTHIA
City
Clerk
HERNANDEZ
y
EXCELLANDSCAPE CONTRACTOR
INC
Page 92 of 267
APPROVED AS TO FORM
MNNE RO
DI
City Attorney
Page 93 of 267
EXHIBIT B SCHEDULE B
TO BE ATTACHED TO THE AGREEMENT
Page 94 of 267
Paul
Stalma
Project Manager
LS1201
ITEM NO
L
SUNDANCE SUNTREERANCH
PARKPASEO
ITEM
ANNUAL
L1
00 700
L2
S
S
400 00
L3
00 400
L4
JACKSON
PARK
40000
ISOW
15
LB
00 500 40000 E
500 co
L7
PALMWOOD
S LUMSERMAN BUSINESS PARK PAN
AMERICAN
LB
L9
00 400
LID
LIBERTY
SANTA
VILLAGEDESERT
SONG
10
00 S 400
00 090
III
FE
11
L12
PARK MADISON
12
00 400
L13
13
29000
00 409 E
L14
WILDFLOWER
VILLA PACIFIC
14
LIS
LIS
15
40000
ZALAY
RANCH
i II
18
40000
00 400
L17
HIGHWAY ENCANTO
PALM
17
S S j
LIS
HOMES
10
40000 S
LID
MEADOWS
19
001 00
00 400 i
L20
LZI
EL CID
SANTA ROSA
20
21
00 700
S
00 115 t
L22
RIVEREEND NIA
22
L23
L24
OALIFORNIAPALMS
VERANDA
24
E E S
00 090
L25
25
25
500
L26
RINCON
HOMES
PLACE
045 00
1
I
L27
L20
SUMMER
27
001 420
E
CALIFORNIA
PALMS RANCH
it
28
27i00i
001 700
I
L29
CHEYENNE
28
L30
NIA
L31
WARING
PALMS
31
00000
60000
600 9
L32
MONTEGO DUNES
32
L33
VILLAESTATES
MADISONRANCH
33
70000 000 E 1 00
21
L34
34
L35
CORTABELLA
BELLAVIDA
35
400001
E
L30
30
80000i 800 1 00
L37
37
10
Page 95 of 267
Paul Stalma
Project Manager
ITEM ITEM NO
L38
VILLAMONTEGO
38
200 5 00 40000 1
L39
MONTICELLO II
39
L40
SHADOW HILLS
JACKSON
40
200 If 1 00
00 700
L41
L42
SUNBURST
NIA
41
L43
43
IT i IS
900 1 00 00 800
80000 22 500 9 00
5
L44
L45
45
90000
L46
L47
BELLA
TIERRA
40
1 90000
47
50000
200 2 00
L48
L49
48
L50
50
10000 2 IT
1
00 200 25
is
00 S 607 37
452 00 244
2 of 2
Page 96 of 267
AMENDMENT NO 2 TO THE AGREEMENT BETWEEN THE CITY OF INDIO AND EXCEL LANDSCAPE FOR LANDSCAPING SERVICES
This Amendment No 2 is entered into on this 20th day of November 2013 by and between the City of Indio City and Excel Landscape Inc Contractor RECITALS A
Contractor currently provides the City with annual landscape maintenance for citywide parks and parkways and as well as for the City s Lighting and Landscape Districts LLD s pursuant to an agreement entered into by the parties dated September 1 2012 and amended by Amendment No 1 on September 17 2013
collectively Agreement
B
City desires to amend the Agreement to include as part of Contractor s landscape maintenance for the properties taken over by the City from the Successor Agency to the Redevelopment Agency of the City of Indio
scope
desires to amend the scope of work and provide for additional and finds that the Contractor is qualified and agrees to provide the additional work pursuant to the terms of this Amendment No 2 to the
City
compensation
Agreement
and valuable
follows Section 1
agree to
Contractor shall provide landscape maintenance services for the listed in Exhibit A attached to this Amendment No 2 for the term beginning on September 1 2013 through August 31 2014 Work Said work is subject to all the terms and conditions of the Agreement and the term may be extended as set forth in the
properties
Agreement
Section 2 City agrees to compensate Contractor and Contractor agrees to the accept following compensation for the Work the sum of 49 500 for the term of September 1 2013 through August 31 2014 payable on a monthly basis of 00 950 4 per month as is more particularly described in Exhibit A to this Amendment No 2 Subsequent to this initial term if the City extends the Agreement the fees set forth in Exhibit A shall be increased by 3for the subsequent new term
Section 3
remaining
terms of the
Except as specifically amended by this Amendment No 2 Agreement including Amendment No 1 shall remain in
the
full
Page 97 of 267
rporaF
ELAINE HOLMES
Mayor
ATTEST
of the
City
of Indio
YNTHIA
City
Clerk
u HERNANDEZ
CONTRACTOR EXCEL LANDSCAPE INC
fwaa
title e
Title Name
APPROVED AS TO FORM
ROXANNE M DIAZ
City Attorney
Page 2
Page 98 of 267
a
W W Y
U
N
Y
U
z
Q
Y J
o
uu K
LL
0
0
Y W o N
O
w
a
N w
O U O O O O
w
O
LL
Y U W
i 1 J
N a
O Q
O
Y
O
Y a
Y a
a a
w
a
Div
i
a
N m D N m lD Q m
v N m t0 Q m
v
N
m l0 Q m Q N m l0 Q m Q 0
N
m t0
Q
m
Q
m
Lc
H
m
O
m
ii
v
0 N
Q 0
rl
Q 0
Q
0
1 i
1 e f
S
X
w
Y t
o 0
3
O 0
W
0 0 0 O Q
0 0
0 0 0
0
0 0
0
0 0 0 0
T
Q m
ti
0
o
0
N
0 0
0 0
Vl N
N Of Q
iIF
CL
v Ln
Q
0 0 O 0
m
0 0
O
0 0
0
N rv
0 0
O O
o
N
p
0
y
0
0 m
W O
rt
o
Q
p
LL
m c L
vs N
z
O
m Q t
L
n
nnof
C
Z
a
ol
c m
i
I
J N Q m
c
m
E
Q
Q
Q
N Q
tp Q
n a
Q O
Page 99 of 267
ITEM NO 4h
April 16
2014
FROM
Public Works
SUBJECT
repairs
Blanket Purchase Order for Excel Landscape Inc in the amount of and improvements to irrigation and landscapes in Lighting and Landscape
areas
General Fund
RECOMMENDED MOTION
the amount of
Approve
and
for
repairs
improvements
areas
irrigation
and
General Fund
city request replaced stolen backflows installed s back flow cages repaired irrigation systems and made improvements to landscapes in Landscape and Lighting Districts and General Fund areas Excel Landscape has not yet been that past paid for the work performed but continues to provide services with the expectation is Council Excel ratification the Landscape diligently helping by City obligations will be paid upon its best staff the Therefore staff requests approval of the Blanket City looking keep city Purchase Order in the amount of 200 000
Landscape has
at the
Continued
on
the next
page
Prepared By
Parks Mike Edgar
II
Landscape Inspector
Yes
FINANCIAL DATA
Source of funds
No 13 14
Account number
remaining if approved
Various
Legal Review
Department
Review
Financial Review
Roxanne M Diaz
Grant
Eklund
E P
City Director
Rob Rockwell
Finance Director
City Attorney
Public Works
Engineer
S SIGNATURE CITY MANAGER
Approve
Landscape
Inc for
repairs
and
improvements
to
irrigation
landscapes
2014
April 16 Page 2
BACKGROUND Districts
Excel
maintenance services
Landscape Inc Excel currently provides regular landscape citywide for the City parks and parkways and Landscape and Lighting
was
s LLD
The contract
approved by
the
City
2013 to increase the scope of services Staff is seeking approval to make additional service requests as needed outside the scope of the approved contract At the
improvements to landscapes replaced stolen back flows added cages to protect back flows and repaired damaged irrigation systems Below is a summary of work provided by Excel Landscape followed by estimates for completing other needed restorations which include back flow replacements and other irrigation repairs s City Landscape Landscape
has
direction
Excel
has made
already performed
Replace
and
protect
Irrigation repairs
landscape improvements
Total work
perform
Replace
protect
General Fund
LLD
Requested
000 200
Blanket Purchase All Order
covers
FINANCIAL ANALYSIS
1 200
landscape
and
year irrigation repairs through fiscal er Parks and Parkways and LLD budgets ALTERNATIVES 1 Not approve Blanket Purchase O
expenditures
for Excel
Landscape
ATTACHMENTS
performed
Attachment A Excel
Landscape
18 3 2014
Back Flow
Date
Purpose
Install Cage
Amount 42 298
Villa Montego
Villa
Replace
Replace Replace Replace Replace Replace Replace Replace
Montego
Install Cage
Back Flow Back Flow Back Flow Back Flow Back Flow
936 1 41 525 2 23 096 4 44 143 4 77 967 3 01 866 1 48 031 3 39 391 1 39 293 7 91 061 2 08 164 3 99 365 1 53 816 1 01 829 1 17 352 1 84
99 747 00 135
2014 2 2 8 28 2 2014
28 2 2014 28 2 2014 28 2 2014 28 2 2014
Montego Dunes
Madison Ranch
Zalay
Ranch
Las Brisas North Bella Vida Villa Montego Santa Fe Summer Place Wild Flower Bella Tierra
Replace Back
Replace Replace Replace Replace Replace Replace Replace Replace
Flow
Back Flow Back Flow Back Flow Back Flow Back Flow Back Flow Back Flow Back Flow
28 2 2014
28 2 2014 28 2 2014 28 2 2014 28 2 2014 28 2 2014 21 2 2014 21 2 2014 25 2 2014 12 2 2014
King
St Islands
Jefferson Medians
Replace
Replace
12 2 2014
14 2 2014 2014 5 3
Cheyenne
ranch
Replace
Replace
2014 6 3
Replacement
66 846 58
Irrigation Repairs
Date
Service Invoice
79248 79430 79431 79432 79440 79420 79421 79422 79421 79425 79380 79381 79382 79770 79771 79772 79804
Order
Location
Purpose
Amount
31 12 2013 31 12 2013
Miles Park Annex 111 Medians Miles Park Annex Corta Bella Miles Park Annex Various Various Various Rincon Indio
Irrigation Repair
12 2013 31 2013 31 12
12 2013 31 12 2013 31 12 2013 31 31 12 2013 31 12 2013 31 12 2013 31 12 2013 31 12 2013 31 12 2013 28 2 2014 28 2 2014 28 2 2014 28 2 2014 2014 2 1
Monroe 0 Blvd
75 00
057 1 95
05 488 14 801 35 610 25 705
Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair
Irrigation Repair Irrigation Repair
091 2 28
56 30 04 269 39 111 61 60 04 210 34 302 54 44 31 96 40 46 71 163 88 29 69 257 05 183 61 50 44 193 53 78 02 379 42 160 93 145 61 243 88 29 88 29 02 465 38 06 64 195 77 66
Montego
203209 203214 203387 203221 203214 203392 203409 203391 203386 203217 203379 203380 203403 203378 203381 203385 203384 203218 203219 203220 203224 203400 203223 203405 203406
2014 4 1
11 1 2014 14 1 2014
Irrigation Repair
Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair
17 1 2014
19 1 2014 20 2 2014 20 1 2014 21 1 2014
Irrigation Repair
Irrigation Repair Irrigation Repair
21 1 2014
21 1 2014 28 1 2014 30 1 2014 31 1 2014 2014 3 2 2014 5 2
Montego Dunes
Patton Park Shadow Hills Summer Place Indio Blvd Desert Trace Villa
Irrigation Repair
Irrigation Repair
Montego
2014 5 2
2014 7 2
2014 7 2
11 2 2014
Irrigation Repair
Irrigation Repair
Montego Dunes
Bella Vida
21 2 2014
21 2 2014 13 2 2014 14 2 2014 17 2 2014
Irrigation Repair
ranch
Cheyenne
Irrigation Repair
Irrigation Repair
Irrigation Repair
Irrigation Repair
203407 203388 203412 203412 203414 203398 203425 203397 203395 203396 203416 203399 203418 203450 203415 203417 203452 203420 203419 203458 203464 203453 203421 203451 203457 203459 203456 203423 203432 203424 203460 203475 203476 203465 203461 203463 203462
Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair
Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair
14 234 90 327 33 61 28 60 90 123 45 00 04 431 54 44 36 06 76 153 31 96 93 44 51 120 92 91 02 166 36 65 70 78 29 88 70 27 90 210 90 210 50 112 13 287 55 57 14 100 78 53 16 205 82 303 00 180 87 210 51 472 01 315 26 53 40 96 08 97 71 20 28 85
2014 2 2 5 25 2 2014
26 2 2014 27 2 2014 28 2 2014 28 2 2014 2014 3
Whispering
Palms
Carreon Park Encanto Homes Desert Trace Verandas Fred Waring Medians Yucca Park Sunburst Bella Vida Whittier Ranch Whittier Ranch Whittier Ranch Bella Vida Fire Station 2 Miles Park Annex Desert Trace
2014 3 2014 4 3
2014 4 3
2014 6 3
2014 7 3 2014 7 3 10 3 2014 10 3 2014 12 3 2014 13 3 2014 14 3 2014 18 3 2014 18 3 2014 19 3 2014
Irrigation Repair
Irrigation Repair Irrigation Repair
Irrigation Repair
Irrigation Repair Irrigation Repair Irrigation Repair
Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair
Irrigation Repair
City Hall
Madison Ranch Madison Ranch Monticello
20 3 2014
20 3 2014 21 3 2014 21 3 2014
hwy
111
21 3 2014
24 3 2014
2014 2 3 4 25 3 2014
25 3 2014 25 3 2014
Irrigation Repair
Irrigation Repair
Irrigation Repair
Irrigation Repair
22 331 18
Improvements
Date
Purpose
Amount Granite
Decomposed
Rock Rock New DG
Whispering
Burr Park
Palms
Irrigation
for Windbreak
Irrigation
Rock
Plants Plants
Monticello II
2013 31 12
12 2013 31 12 2013 31 12 2013 31 20 2 2014
Whispering
Palms
Labor
474 2 00 200 1 00
36 00 00 136
City Hall
Teen Center
18 2 2014 12 2013 31
28 2 2014 28 2 2014 28 2 2014 28 2 2014 28 2 2014 28 2 2014 2014 7 3 11 3 2014 17 3 2014 13 3 2014 21 3 2014
Edges
Whispering
Palms
Desert Trace Avenue 42 Medians Avenue 42 Medians Avenue 42 Medians Rincon Desert Trace
Irr Plants
Labor Control
DG Rock DG Rock
Plants
Plants Tree Labor Labor
Hjorth
Park
Irrigation
Labor Ftn Main
Shadow Hills
Plants
992 1 00 393 2 88
Dog Park
Drinking
Subtotal Improvements
65 021 62
Grand Total
ITEM NO 6
INDIO
CALIFORNIA
April 16
FROM
2014
s City Attorney
Office and
Development
Services
Department
SUBJECT
use
City
relating carryout plastic bags Reusable Bags to the Indio Municipal proposed ordinance
to the use of reusable
use
of reusable
Code and
prohibiting the provision of single bags and adding Chapter 103 consideration of CEQA exemption for the reading
of the text of the ordinance
of Indio
relating
bags
and
request
the
City
by
title
only
SUMMARY
April 2 2014 the City Council introduced the ordinance prohibiting the use carry plastic bags Subsequently an inconsistency in the ordinance was single to the attention of the Development Services Director and the City Attorney regarding the brought applicability of the ordinance to City employees who distribute plastic bags at City events The City Attorney recommended that the policy issue of the applicability of the ordinance
distribution of
On
y
bC1
Continued
on next
page
Roxanne
000 10
A N A N
In Current Year
Budget
Yes N A 14115
FINANCIAL DATA
Budget Adjustment
For Fiscal Year
000 36
Legal
Review
A N Roxanne Diaz
Josep
jm AICP
City Attorney
CITY
S AGER SIGNATURE
Approve
r ir
City
Council Staff
2014 2 of 4
Report
April 16
Page
at
permitted by
City
be
parties
that
are
sponsored
or and
consideration
provided update information pertaining encouragement of reusable bag usage The intent of the CVAG model ordinance like most plastic bag ordinances adopted by other cities throughout California is to prohibit the distribution of single use carryout plastic bags provided for the purpose of carrying away goods from the point of sale at stores which are specifically defined in the ordinance to include among others retail outlets drug stores grocery stores pharmacies food marts and the like Essentially
was
2014
City
traditional brick and mortar stores The CVAG model person from
ordinance however also contained a provision that prohibited any distributing single use carryout plastic bags at any City facilities City managed concessions City sponsored events or City permitted events unless otherwise provided for in the ordinance This provision is located at Section 103 A of the 05 proposed ordinance and reads as follows
A No Person shall distribute
a
Plastic
or
City concession City managed sponsored event otherwise provided in this Section
Under the plain reading of the ordinance if the City was distributing a plastic bag for the purpose of transporting food or merchandise perhaps at a Thanksgiving Food give away the person distributing such bag could be in violation of the ordinance As pointed out in the April 2 2014 agenda report this provision would be interpreted to
apply
Art
to all
distributed at the
Festival Stagecoach
are
arguably no plastic bags could be Southwest Arts Festival Coachella Music and Music Festival and most special events in the City
events and
There
number of cities and counties that have not included this type of ordinance For example the Los Angeles provision County model ordinance did not include such a provision Neither did the San Mateo or Marin County
a
however their
in
local
model ordinance
some
or the City of Los Angeles ordinance While the reasons may vary cities may find that the distribution of plastic bags at such events is minimal or have found that the majority of plastic bag distribution truly occurs at the grocery and
store
or
other
large
retail
outlets
Another their
are out food take Most amongst plastic bag ordinances including the CVAG model ordinance allow the use of plastic bags for take out foods Only recently have some cities addressed this issue and are moving towards banning such uses even in the face of litigation by various coalition groups
ordinances
there
are
differences
City April
Report
Introduction of Reusable Re
Bag
Ordinance
Page
That
said the ordinance presented to the City Council at the April 2 2014 contained the provision prohibiting persons from distributing plastic bags at City facilities including city sponsored or permitted events The language of Section 103 05 however also contained language that implied there could be an exemption At the end of Section A it states unless otherwise provided in this Section The CVAG model 05 103 ordinance however contained no exemption from that provision However the proposed Indio ordinance towards the end of the document contained a new provision in another part of the Municipal Code that would exempt any City of Indio official who violated the ordinance from any fines or penalties The provision however went too far and was not specific to the plastic bag ordinance and rather exempted the City all its officials officers and employees from the provisions of fines fees or taxes imposed within the Indio Municipal Code That provision was not part of the model ordinance nor was it the intent of the City to include such a reaching provision in moving far forward this environmental initiative A limited provision could be drafted that would only address violations of the plastic ordinance if Section 05 103 remains and the bag City desired to include such an exemption Accordingly reading on the ordinance the City Attorney is be stricken from the ordinance and as such the recommending ordinance is required to be re introduced The new proposed ordinance does not contain the language herein described and if Section 103 A remains any person 05 including any City employee or contractor who distributes plastic bags at City facilities or City sponsored events would be in violation of the ordinance and subject to the remedies contained in the municipal code Last at the request of the Police
that this rather than have second
language
Department
the enforcement provisions in the plastic bag ordinance consistent with the Police Department s current enforcement efforts As stated
were
revised to be
earlier there are a number of cities and counties that do not include the City sponsored event prohibition Accordingly the City Attorney is seeking specific direction from the City Council as to whether it desires to keep this provision as part of the proposed ordinance as it could have an unanticipated impact to the City s various festival events throughout the year As written by CVAG this provision would encompass a variety of City permitted events Arguably if the City issues a permit for any activity ranging from garage sales to music festivals there could be no distribution of single use plastic bags for the purpose of carrying away goods
FISCAL IMPACT
impact on the City of Indio will be partially mitigated by utilizing AB 939 funds specifically for the development of new programs that divert solid waste The AB 939 monies will be used to provide outreach materials to retailers and s City
allocated educational materials to
consumers The estimated costs to conduct outreach and educational materials for retailers and consumers is approximately 10 prepare 000 Funds and staffing for the enforcement of this ordinance have not been identified but will have to be absorbed within the existing Code Enforcement Division resources and
Fiscal
activities
City
Council Staff
Report
Introduction of Reusable Re
Bag
Ordinance
April 16 2014
Page 4 of 4
impact on local businesses is difficult to estimate however the average large Los Angeles County retailer received approximately 6 400 annually for selling paper bags at 10 each which offsets the cost of the paper bags In addition as cited in the attached CVAG staff report San Jose and San Francisco have reported no sustained negative impact to retailers Stores may also opt not to offer single use plastic or paper reusable at at a bags carryout all providing only bags charge or their waste cardboard
boxes for free to customers ALTERNATIVES
1
The
Modify
or
add ordinance
language
as
City Council
deems
appropriate
List of Attachments A
Proposed
Reusable
Bag
Ordinance
INDIO CALIFORNIA
ADDING
CHAPTER 103 TO THE INDIO MUNICIPAL CODE RELATING TO THE USE OF REUSABLE BAGS
WHEREAS Bags
are
Plastic
used
annually
are
WHEREAS about forty million 40 000 Single Use Carryout distributed by establishments in the City each year and WHEREAS
most of these
Plastic
Bags
are
made from
plastic
or
WHEREAS
numerous
Carryout
Coachella
Plastic
Bags littering
Valley Single Use Carryout Plastic Bags aggravated by windy conditions here and WHEREAS
the
create
litter
problem
which is
City taxpayers
WHEREAS this ordinance requires Stores that decide carryout bags available to their customers to pass through these providing bags and
recycled
paper
the reasonable
cost of
WHEREAS based on this analysis the City has determined that a through of 0 pass 10 per paper bag would cover the reasonable cost providing the paper bags to its customers and WHEREAS impose paper bag
over
90
on
jurisdictions
in California have
fees
the customers
proven very effective at generating a major shift in consumer behavior toward the Reusable Bags and significantly reducing bag consumption and
of
WHEREAS
would be retained must
the
by
from the collection of the paper bag pass through the retailer and this ordinance does not specify how the retailers
proceeds
expend
the monies
collected and
can
customers
avoid
this
cost
no
portion
of the cost
through pass
revenues
will be
provided
to the
City
and
the cost
through pass
is not
fee
subject
to
Proposition
pass is an essential element of the through provide a disincentive to customers to request proposed paper bags when shopping at regulated Stores and to promote a shift towards the use of Reusable Bags by City of Indio consumers and
ordinance
as
WHEREAS the California Grocers Association a non profit trade association 500 retail member October over in an representing companies 24 2013 letter to the CVAG Executive Committee has encouraged CVAG and its member jurisdictions to
commit to
a
regional
Bags
effort and
move
forward with
a
an
approach
to
Carryout
Plastic
that includes
placing
charge
on
recyclable
paper
WHEREAS
there the
are
readily
available
in
City including
sustainable
WHEREAS
conserve
it is the
s desire City
to lead
by example
and whenever
possible
to
and to the
resources reduce the amount of greenhouse gas emissions and solid waste protect the public health and welfare including local wildlife all of which increase of life for
quality
City of Indio
Section 1
The
City
Council
are
new
Chapter
103 is
hereby
Municipal
follows
Findings
and
Purpose
Plastic
Carryout
Bags
Prohibited
06 Exempt Customers 103 07 Operative Date 103 08 Penalties and Enforcement 103 1 Page 111 of 267
01 103
Findings
City
and
Purpose
City
of Indio finds and determines that the and
A The
Council of the
City
is
committed to
public health safety welfare goals it is necessary for the City to promote the served this public purposes by Chapter and adopt the following regulations these pursuant to findings protecting
City finds
that ordinances
the
environment and
B The
limiting
the
use
of
have been proven to reduce the amount of life for the citizens of Indio
Bags
C The
City
finds
reasonable for
that except in unusual circumstances it is feasible and parties who provide Single Use Carryout Plastic Bags to easily
transition to paper
consumers
bags
and
move
to
model that
charges
for paper
bag
use
by
D The
City
of Indio
nuisance and
recognizes that Single Use Carryout affect public health and impact tourism
Plastic and
residents and visitors 02 Definitions 103 Customer any Person from Store
A B
means
obtaining goods of
or
Operator
operation
Store
means
having
the
of
Store
include
the the
C Person
means or
organization
D
corporation partnership
or
other
Pharmacy
or over the
means
store
where
care
prescriptions medications
or
controlled
vitamins
health
supplement goods or
a
located within
hospital
beverages which are prepared on the premises by cooking chopping slicing mixing freezing or squeezing and which require no further preparation to be consumed Prepared Food does not include any uncooked meat product or fruits or vegetables which are chopped raw squeezed or mixed Prepared
or
foods
F Produce
Bag
or
Product
exclusively
to carry
produce
any bag without handles used meats or other food items to the point of sale inside
Bag
means
store
or to
prevent
coming
purchased
G
items
to the
means a
paper
or
bag provided
other
of
point
of
departure
growth
content
visible the
fiber and is
one
minimum of
hundred
forty percent 40 post consumer recycled percent 100 recyclable and has printed in a highly bag
the words Reusable and the
manner on
Recyclable
percentage of post consumer recycled content The is capable of composting consistent with the timeline and specifications of the American Society of Testing and Material ASTM Standard Specification for Compostable Plastics D6400 as
name
and
location
published
H Reusable
in
September
means
Bag
bag
multiple
or
reuse
is machine washable
disinfected
twenty 125 uses which for five purposes of this subsection means the capability of carrying a minimum of two 22 pounds one hundred twenty twenty five 125 times over a distance of at least one hundred seventy five 175 feet 3 if made of a plastic it must be at least two and one 25 millimeter thick 4 does not contain lead quarter 2 other cadmium or any heavy metal in toxic amounts as defined by applicable State and Federal standards and regulations for packaging or Reusable Bags 2
a
minimum lifetime of
hundred
Plastic
Bag
means
bag
cash
other than
Reusable of sale
or
Bag
other
stand register point departure for the purpose of transporting food or merchandise out of the Store Single Use Carryout Plastic Bags do not include bags without handles provided to the Customer 1 to transport produce bulk food or meat from a produce bulk food or meat department within a Store to the point of sale 2 to hold prescription medication dispensed from a Pharmacy or 3 to segregate
provided
point
of
food
or
merchandise
that
could in
damage
a
or
contaminate
other
food
or
Reusable
Bag
or
A retail store with gross annual sales of two million dollars 000 000 or 2 that sells a line of canned nonfood or items and more goods dry grocery
some
perishable items
000 10
square feet of retail space that sells any perishable goods including but not limited to clothing food or
A store of at least
or
perishable non
and
personal items
generates
sales
or use
tax
pursuant
to the
Burns Bradley
Uniform
Part
5 1
7200 3
A
commencing Code or
with Section
foodmart
a
other
that includes
grocery store convenience food store in the retail sale of a limited line of goods snack the
foods including
Type Control
20
or
or
by
Department
of Alcoholic
Beverage
store of less
than
000 10
square feet
of retail
perishable or non perishable goods including or food personal items and generates sales
Burns Bradley
with Section
tax
pursuant Code
to the
Part
5 commencing 1
7200
Bags
provide to any Customer a Single Use Carryout Plastic Bag This to for the prohibition applies bags provided purpose of carrying away goods from the point of sale and does not apply to Produce Bags or Product Bags
04 Permitted 103 All Stores shall Reusable
Bags
or
only Recyclable Paper Bags or Bags for the purpose of carrying away goods or other materials from the point of sale subject to the terms of this Chapter Nothing in this Chapter prohibits Customers from using bags of any type that they bring to the Store themselves or from carrying away goods that are not placed in a bag in lieu of using bags provided by the
a
provide
make available to
Customer
Carryout
Bag Regulations
Plastic
or
City concession City managed sponsored event otherwise provided in this Section
B
Single Carryout Plastic Bags may be distributed to Customers by food Use providers for the purpose of safeguarding health and safety during the transportation of Prepared Foods and liquids intended for consumption away out food from the food provider spremises i e take Recycled Paper Bags 10 per bag The
receipt
available to Customers for sale of each
a
minimum
charge
of ten cents
on
bag
shall be
separately
itemized
the sale
D All Stores
must
keep records
of the total
number of
summary of any efforts a Store has undertaken to promote the use of Reusable Bags by Customers in the prior calendar year Such records must
a
City Manager or
kept
her designee to review at any time his at the retailer s corporate office
A Store may provide a Customer participating in the California Special Food Program for Women Infants and Children pursuant to Article 2
Supplemental commencing with Section 123275 of Chapter 1 of Section 2 of Division 106 of the Health and Safety Code and a Customer participating in the Supplemental Food Program pursuant to Chapter 10 commencing with Section 15500 of Part 3 of Division 9 of the California Welfare and Institutions Code with one 1 or more Recycled Paper Bags or Reusable
Bags
at
no
cost
Chapter
operative
02 and 103 1 J
12 months 4 JL 02 103
6 months after its effective date for Stores 2 This Chapter shall become operative J 02 103 effective date for Stores defined in Section 103 3 JL 02
six
08 Enforcement 103 A
be
enforced
or
by
the
City by
criminal
action
any other
means
authorized
by
B Violations of this
Chapter
or
prosecuted
as
infractions
of the
City Prosecutor be
C The remedies
provided
in this
Chapter
or
are
by
law
in
equity
authorized Enforcement Officer may pursue any other right and remedy permitted by the City s municipal code including but limited to commencement of
duly
any civil action the issuance of administrative fines and fees or administrative action to abate as a public nuisance pursuant to Chapter 95A of this code Section 3 California Code This ordinance has been of
Quality Act California Regulations Title 14 Sections 15000 et seq hereafter the Guidelines The City Council finds that the adoption of this ordinance is exempt from Section 15061 CEQA pursuant to the following Guidelines 3 Section 15307 b Class 7 and Actions by Regulatory Agencies for Protection of Natural Resources
5 Page 115 of 267
Environmental
environmentally reviewed pursuant to the CEQA and the State CEQA Guidelines
Section 15308
regulatory
action of the
a
City
Council to
assure
the of
maintenance restoration
Plastic
on
enhancement of
natural
resource
involving protection
impacts associated with Single Use Carryout Bags City and region Therefore the project is found and determined to be exempt from CEQA pursuant to State CEQA Guidelines Section 15307 Further this ordinance is a regulatory action of the City Council to assure the or protection of the environment which maintenance restoration enhancement and
does not involve any construction
activity
as
or a
relaxation
of any standards
allowing
environmental
project
The
also is
findings following
1
and
independent basis the separate from CEQA pursuant to CEQA Guidelines Section 15308 determinations on exemption from CEQA are in part based on the Therefore
and
Plastic of
thereby reducing
the
existing
impacts
of
Bags within the City of Indio plastic bag litter including but
litter
impacts
plastic bag
This ordinance will not alter any construction land use and therefore will not degrade the existing environmental
or
or
humans in the
City certainty that this ordinance has no possibility that the use of prohibition of Single Use Carryout Plastic Bags and paper bag pass through fee will have a significant effect on the
Bags
a
the
establishment of environment 4
or
welfare
or
be
materially injurious
5 This ordinance
to
properties
further
or
improvements
the
City
will
assure
enhancement of natural
resources can
in the
potential
affect
or maintenance restoration and the of amount region by reducing City the biological botanical and environmental and
resources
This
ordinance
will
further
assure
the
or and
by reducing
by
Bags
If any section subsection subdivision paragraph sentence clause or phrase of this ordinance or its application to any person or circumstance is for any reason held to be invalid or unenforceable by a court of
Section 4
Severability
competent jurisdiction
such
invalidity
of this
or
unenforceability
enforceability
of the
or
remaining
sentences clauses
phrases
validity or paragraphs
other person
City Council declares that it would have adopted each section subsection subdivision paragraph sentence clause phrase hereof irrespective of the fact that any one or more sections subsections subdivisions paragraphs sentences clauses or phrases hereof be declared invalid or unenforceable
or
circumstance The
Section 5 shall
cause
The
the
same to
be
City Clerk shall certify to the adoption of this Ordinance published or posted in the manner prescribed by law
and
Section 6
thirty 30 days
after
its
PASSED APPROVED
AYES NOES ABSTAIN ABSENT
day
of
May 2014 by
the
following
vote
ATTEST
APPROVED AS TO FORM
ROXANNE
DIAZ
CITY ATTORNEY
ITEM NO 7
SUBMITTAL TO THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA APRIL 16 2014
FROM Economic
Development Department
18
acre
site
approx
located
on
APN 607 002 607 230 017 607 251 016 and 251
RECOMMENDED MOTION
Approve the purchase of an 18 acre site north side of Varner Road between Adams Street and Jefferson Street 251 017 251 016 607 and 607 026 and authorize the 251
necessary documents to effectuate said SUMMARY
The
approx located on the APN 607 002 607 230 City Manager to execute all
purchase
City of Indio is offering to purchase the 18 acre site for the purpose of expanding opportunities available for the development of a new auto dealership HRA Investments Il LLC has agreed to sell the property to the City for 8 3 000 50 with a 90 day escrow period with an option to extend the escrow for three additional period one month periods
the Staff is
additional
recommending that the City acquire this site for strategic new car dealerships to the Indio Auto Center
on
land
assemblage
C
to attract
U
Continued
next
page
6 3 000 50 closing costs of 500 6
6 3 500 55 0
Ka
en
aw eswo
In Current Year
Budget
NO YES
14 13
FINANCIAL DATA
Budget Adjustment
For Fiscal Year
Legal
Review
Department
Head
r
view
Maria o A Director of
ousing
and
Developm
CITY MANAGER RECOMMENDATION
Approve
ANAGER SIGNATURE
3
y
of 18 Acre Site
currently
the
interest by
auto
Interest from
on
a new
typically the highest sales tax generators in any city large auto dealership to establish on this site specifically dealership for this site is an opportunity that should be capitalized
are a
given
revenue
potential
as
an
Additionally
development of this site will help fill the gap between the I 10 Auto Mall and the proposed Giant RV Dealership along with an existing City owned to the that more attractive for future property east making piece development A contingency upon purchase is that an existing 430 000 approx deposit with Coachella Valley Water District be transferred and useable as credit for future development of the site
The Site is
the
purchase
and
currently
owned privately
vacant
on
undeveloped
Varner
lot visible
from
and
generally
lots
located
Mall that the
on
Road
Attachment B The Site also City has been unable to sell frontage along Varner Road access
It is
surrounds three
due to the lots not having high marketing potential or The subject Site is zoned Business Park BP which
imperative that the City enter into escrow and essentially control this site to allow flexibility during potential negotiations with this business The escrow will be for day period with an option to extend the escrow period for three additional one month 90 periods Overall escrow can extend over a period of six months If after six months the City wishes to not follow through with the purchase the City has the discretion to cancel the
maximum
escrow
with
no
further commitment
proposed
purchase the site for the negotiated price costs anticipated to be 6 500
Increase fund balance 271 0000 101 Decrease fund balance 276 0000 101 Increase
Agreement Attachment A the City will 3 8 000 50 plus 50 of the escrow closing
Unassigned
Fund Balance
Uncertainty
appropriations
Land Purchase offset
Expected
Unassigned
Fund Balance
ALTERNATIVES 1 Not to
acquire subject
site
Agreement
and Addendum
Map
Page 119 of 267
ATTACHMENT A
C A L I F O NIA
A S C I A T 10 N OF AEALTOR S
i OFFER
City of iadio
as
or asaigaee and
ac
Buyer
ppreE
87 18
Varner
Rd
situated
In
Q TDd
County of
California
C THE PURCHASE PRICE offered is Three M1113oa CLOSE OF ESCROW shell occur on 2 AGENCY
D
Property
Right 8undred
Dollars
000 850 3 00
or dale
105
A POTENTIALLY COMPETING BUYERS AND SELLERS Buyer and Beier each acknowledge receipt of a disclosure of the passibility of multiple representation by the Broker representing that principal This disclosure may be part of a fisting agreement buyer representation or
agreement
separate document CAR Form DA Buyer understands that Broker representing Buyer may also represent other potential buyers who may consider make offers on or ultimately acquire the Property Seller understands that Broker representing Seiler may also represent other sellers with competing properties of Interest to this Buyer B CONFIRMATION The hallowing agency relationships are hereby confirmed for this transaction
Desert
Print Firm Name Is Part Firm Name it no th belh ilml Bayetrepd Seilarr
Real Estate FgkGM Are noileadles to the Agreement beween FINANCE TERMS Buyer represents that funds will be good when deposited with Escrow Holder
6
eF p Ipsolayer ealelaGvely
HOFexeWelvelyFaF Ikaiie
INITIAL DEPOSIT Deposit shall be in the amount of 1 Buyer shell delver deposit directly to Escrow Holder by
QV
ar
00 50 000
City
check
1
OSreF
DOWN PAYMENT In The amount of be deposited with Escrow Holder within sufficient time to close escrow F PURCHASE PRICE TOTAL
00 3 800 000
J
B e li
ef s
3 850 000 00
Buyers initials
The m er aWs dthe tntla 17 U Corte mom Ns cuf or i my Dne00 toot COM dtltls form m wro Port thereof F r hachine or on oe Ixwlowop IMIMS hJ Ana CALIF O a A of mIm4 M fame0 1 copyright O 19964010 CALIFORNIA aM ASSOCIATION NIA AS80CIATION OF REALTORSe INCAU PoGHTSRT6 RESERVED ESERVED
Imi a ls
TOR UE
Reviewed
by 10
Date
PAGE 10F 10
VACANT LAND PURCHASE AGREEMENT VLPA PAGE 1 OF Phone 760 8200 360
Pr PW 67 AMWM 19
e0
Verner R4
1400
9210I
4 ALLOCATION OF
ssnil eCltepott7 montlonedt Ildoee nol delennlne who At psyfor any We reeommondad or IdentEled In the Report A INSPECTIONS AND REPORTS 1 Q Boyer O SaOer shall pay to have mdetlng 6800 or Private sewapa dle Bal system flan IrwAacted p g 2 i Buyer C3 Sdar shelf pay fora of testing to determine the suSeWOyof sod for sewage d gwWv A f2 Q Guyer Q Softer shelf pay to
have
and
pmdwmvny
A x
Sayers Mttleb
OFREA oeW CMMMAAASSOCIATION 10 010 VLPA RME04110 PAGE 2OP 10 M TORS40
Begets Initials
11
t8S7ecYSmc
Pr MW
AMWW
11
0Wl
ad
lW2
CA
92101
4 D Stw E3
0hurtmldKdratPryuMNtoo1 1 e
Swam
2 Qu 1
HaTavY1a9 be r1j marl an itio Lerav Q Q Buyer d Seller dull pay for ownafs Itla 4naranol W p sp ascl in p ospaph 109
Adel m v V OtqutY911D000NbWWtMdby r lc a
co
be umaambd anion
to
STATMTMOISCLOSOREEANDCANOW IONRIGHTS m SWW If raqubad by law M NATURAL AND ENVOICUENTAL HAZARDSt SWN did wMM ou but pbIn pMr4mO 19 d M E Iha PmPsry b belbd b s SpwW Hood Head Arar earlgva111 N9d1a edquaaWnmhs and anWaimMd haaMe baoWap p Pobnlbl Floemn0 pnutddtm Aron V1ry Hyh FIro Mnard aotu MNe PY1 RwprullByAraM EMYpwke FMdlmneC BdaMgfloatd lane 6@dbdaaanyabormass mwbWbylawwApwAdsanyoOlrlnformWwnq and e forilmsmn IL WITIIHOLLWIG TAXES VM i ft bw PAW b ilk to avdld rMParad WW ft SeWr SW Daltm to Buyer or gnVad sdmk art sunmenttoaompl valedeni AA C gtaw adCaHanbwWwI FormASor05 A Wn obsva died re C MEGAN S LAW DATAEASE DIBOLOSUREt WOW PtmmM to Sodm 2WA of Ow Pad Coda bdorm WW K matwawAnoa W wwALpv WkWmbaideovaWAbOlepvbbvlaantalemdWebe4mWKabWbytlnDopeWwdofA DePWAV am an olla daft nbalad bblrl4 V It bdenaaOMi wf klolda attltriM addrsa at w1ik11 the aHMK1M mlda or Pn aoautWyW taMdMroa and
ZIP
m
b mmade Out
SW
y WWI emkm do nd be
MN
aroa
19
IfIC
Date 61 ea Vom 11
Pmpwtr m
07 a yarnad
RI
ANUO
ea
17101
tw as Included or Wed In the MI orma keft mwwets an not btwudw In 3a PVW4 B A NMTO BBTBR AND SBLUM We I a cats adeaa n 11B or0 from apacMw ptkaaawwM
tz
factors IW a al do Wholl the Pro or a sowrdnSSo oeda in compliance withcurrent Law or have had pamla Nauad am of
to
owAllm malts
anets
not be
e bwlt
M S INVUFMTION OF PROPERTY AND MATTERS AFFECTING FROM BUYER I A B0ya1f wcePlalca of the ocnOBon of sal any w matter Wwtlnp lo Propary Is e eonlrrgaroy of Ids Aycemad as o Wiwi to ON ParIPM ad Pagpeph IN 1Naldn Ian Imo spedlw In Pa3pnph TSB t Buys Shell laws am dgb6 at Boyers aatanx WINS ollwAse Wx but not WWII to no MM to Spend 10 c0ncluot nspealaa nwslplora Well wneye MW odw dudes PBaw In Ifto ns b and i hnwk Q Inspect d S mds W dshbbw GO ow tt o Pto W wW any mow ape In No y of Buys
Sm
lnutb
iw
apeialir
Begrshellmals
as
no
spedW In paragraph IN complete Bider n isotiplaa ownplshOWNof111neS mat WMtWM reports obtained
BuyarfndwnrdyandSr
wwng from Buyer Imnd BUWS lam f wmpwukn and olwt no Buyer bwntlp lanai be 0 dd later by rat Suyah d MdIM Buyers
cep Na Pmpwty iwend dace of Iwa U tw damage 1 nw v few dalms demands M W costaof on Buyara Wall to am poadae of MOW wAW WhY lore y k dm n peon or properly ocnuft dwnp so Of Sumw War Is ad WtMe owlatn progetlons may for Byer 1wealgalons and wwk dons an a Property at AWwn land Clow Of loam norurcadeVonof
Byersld
VdG 1211000 OMIMOAASWMTION OF RBALTORSA On VLPA RWMW AHO PAW 4OF 10
O
galas wads
bLl
t2k
07 ao Vamp I8
a w M
eeenr PmpMp
17 1e
raar ed Y
fedie rs
01 41
09WHAeeb f 7e14
be o0wrHeadaoml talmdbanlMaormantasdow1r mnwW rprdnp bt Yu am APPROXIMATIONS ONLY Wddl how not w and rWaO upon by P ZMW AND LAND UM Past pramt or proposed Ism aMnaroN ref mr ma Wklm votW 8100e0sea aid PamIY gkc p fhe XW ua of Iw Pmpart Mura dnlalpmard m aN 6rdit tlaa pavanmanW Per and faaPaI Any mldnp vW Wsw e6 maWmkv towor vWWWN of rgr latdrwawa w PAakw hrvaalpab whO w than males aged BupwWs brbrrdad we
P UNBkAlZW AND 8OWWAKLM BIat a in aamwm vah m4own landaoRan unh as alw haw an OW an go Pmpo and nY Mwaadwwrla
beam
dwAany
IBmlwa BuYrt
Q URURBB AND SENVIM Av WW mew matdmons and bomlen of Am and awdae lndudktp W nd MOO b awareps
OMXOOIC OOMMMMBr OaobydaaWnia a Mlmw ad and farmb sWbft usWay and drabwpe bdwmg wW sopspe ddbp X10 dmkryo pmdrpm mngeabd aotrwatey aolwaa6 pmblarN W M NASAL MOM SpeW Pbod Nasefd Area PolwdW Mbodr8 beads Amts Vey Hugh Pk Nas rd Iona 61819 Pke RapmeWWAma tie OWAke PaAtUme BtlpabFlmrd Same aartyolwrems brafddr dbtlaura b mqulred by liw PROPERTY DAMAM Mu er 0mvpa to ft Noor arty of lw ablWaaa or nw4kw uw roWrs and oompanaw and any personal pfopwiy kdmkd in Bon aW from Ara mt mke Neale bWm wolw awass I or am cmakns kldrrdkg AOdaA uml Un Rukkmmu Paawd NEWWOM100D AREA AND PROPOM CONDMONk Ne401 to its Wo m m Ad Owwmwrd Coda WM HU14 MW To Pam Lowe CNN Cods 134M and 184U4 adrI pm ad m mof tow wkxwnent almo awls Me pradaft of Ostoad Mm or OEaadv Im POl ck dew povammal eM eds sv bbMV adw0oay and oom of sty apad4ked Wm donal ward ow or tlwf tdwAm owdotkm or 00wr sadmabpg aw nand bwlallu we or oufthaaladwa m boommar sad pfpoaad banwdwm aawbrolm WW dawlopmwa mal a may old novhw of kdlb sewnobs now or ocw man wv wwm d wdMwd mbbp opwelbna on so Pm WW wrd dwmeala olfwmAaMroar IwaMa er froladad anhnab aomabnna patla Ma4nd ProPSrla boYnlod dbwae hYMoor athvgovemmwddy d lo b and aandlbn of oaomm am of wmv m hMal 644lone ad ON b of dale or larwovemww aamebdes pmb comoA la W6 any povarriq doaenWe or NMmew W Ammodsten mokamw4e mmOkm and bMwma of ak Wk we b OadaI MAwaeodbrolplaw endpanorwlMSde rogWwnwAeandpmNrenoesofBryM COMMON DITIROST SURD V NOMW OWNER A1160MAMMI FAdlla mW oondllo of a0mmn ems Ia n air ae ponb leads or o w area m owned fn w4W bftmd Ma olh m OwW Asaodo awM wWbor nMat has am awm over ftwMal P WWV CCdft orofhw deed meWdtorw of M Saw end pmtk WA of oonmlenoe Wih any Ow we Aseadstlonmgdrwrwnb 044 TNk Any bad a0arda list apoW tax on ft Property Pwaaml to We MARORaoe Cam noft Funks Ad or hapmvemod BerdAdottpfb ROM PROMTY RESTRICTIONS Same clam sad mass knpas raWWons Oat WM DM whamd of mm ft on be dwrpad ka meamwrr namkMof owupsn wW lw Aphl of a landlord to Wm W a taw oy MANLWAOTURBO NOME PLACEMENT Cor4ka ft may altedths abft b plea aid we a mlamds ted home on lho PmmV
I I
NA
K L
N 0 P 1
Boyefa IrtAhla
e01eM OID CVI MtA71ONOPRULMR8atlla CKFDPNIAA
17alaf lnllale i L
dh vi VACANT LAND PURCNAOB AGREEMENT VLPAPAOB 0 OF 10 DW
PAOa60l 10 4N VLPARBVR
E
1047 ae Vam
approa Pfeperty
15 TITLE AND
87 18
ac
Varner
Ad
Indio
CA
91101
VESTING A Within the time specified In paragraph 19 Buyer shall be provided a current preliminary We report which shad Include a search of the General Index Seller shall within 7 Days After Acceptance give Escrow Holder a completed Statement of Information The preliminary report is only an offer by the this Insurer to Issue a policy of Ode Insurance and may not contain every Hem affecting title Buyers review of the preliminary report and any other matters which may affect Ode are a contingency of this Agreement as specified In paragraph 1913 B Title is taken In Its present condition subject to all encumbrances easements covenants conditions restrictions rights and other matters whether of record or not as of the date of Acceptance except 1 monetary liens of record unless Buyer is assuming those obligations ortaking the Property subject to those obligations and ti those matters which Seller has agreed to remove In writing C Within the Ome specified In paragraph 19 Seller has a duty to disclose to Buyer all matters known to Seder affecting Ode whether of record or
not D
At Close Or Escrow Buyer shall receive a grant deed conveying fide or WF 1110614 GARPAPAYS OF long 1911 IIHISS NA 86619AM8111 Of DID seFliffleate OF 81681104 18860119161 IFFAM51 Including oil mineral and water rights H currently owned by Wier This shall vest as designated In ssupplemental escrow Instructions THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES Buyer CONSULT AN APPROPRIATE PROFESSIONAL
s CLTA policy of title Insurance An ALTA Buyer shad receive a standard coverage owner policy or the addition of endorsements may provide greater coverage for Buyer A Ode company at Buyers request can provide information about the availability desirability coverage survey requirements and cost of various title Insurance coverages and endorsements If Buyer desires Ode coverage other than that required by this paragraph Buyer shall Instruct Escrow Holder In wdting and pay any increase In cost
OR
41
A This Agreement Is NOT contingent upon the sale of any property owned by Buyer S
OR If ahadied
48
E3
19
BUYSF 9111111111119 0 sansbuslien loan A tire Ofailf8ph 40 811YOF shall 1111119YO this a cancel this A918801810 OF 11 chooked C Ibis sarogniansy shall Female Rest unill Close 01 Scum ofthe Property TIME PERIODS REMOVAL OF CONTINGENCIES CANCELLATION RIGHTS The following time periods may only be extended altered modified or changed by mutual written agreement Any removal of contingencies or cancellation under this paragraph by either Buyer or Salter must be exercised in good faith and In writing CAR Form CR or CC A SELLER HAS 7 or Days After Acceptance to Deliver to Buyer all Reports disclosures and Information for which Seiler Is responsible under paragraphs 3M 4 SA and B 7 8A 12A 14A and 8 and 1 S Buyer may give Seller a Notice to Seiler to Perform CAR Form NSP If Seller has not Delivered the Items within the time specified B 1 BUYER HAS 17 or 90 Days After Acceptance unless otherwise agreed In writing to complete all Buyer investigations approve all disclosures reports and other applicable Information which Buyer receives from Seller and approve all other matters affecting based paint and lead based paint hazards as well as other information specified In paragraph B and Insurability the Property Including lead of Buyer and the Property R Form 2 Within the time specified in 198 1 Buyer may request that Seller make repairs or take any other action regarding the Property CA RR Seller has no obligation to agree to orrespond to Buyers requests 1 or as otherwise specified In this Agreement Buyer shall Deliver to Seger either 1a removal of the 3 Within the time specified In 198 R Form CC of this Agreement based upon a remaining contingency or A applicable contingency CAR Forth CR or Icy a cancellation C Setters failure to Deliver the specified Items However if any report disclosure or Information for which Seiler Is responsible Is notDelivered within the time specified In 19A then Buyer has 5 ecE3 Days After Delivery of any such gems or the time specified In 1 whichever is later to Deliver to Sailer a removal of the applicable contingency or cancellation of this Agreement 100 and before Seller cancels this AgmemenL if at all 1 4 Continuation of Contingency Even after the end of the time specified In 188 pursuant to 10C Buyer retains the right to either 1 In writing remove remaining contingencies or it cancel this Agreement based upon a remaining contingency or Sellers failure to Deliver the specified items Once Buyers written removal of all contingencies Is Delivered to 1 Seller Seller may not cancel this Agreement pursuant to 19C
PDA
ING11 i CTION LOAN rINAN shasked The pumhose al the Property will net be used in Manse The PFopenlh will
Sailer
right
removal
such event Seller shell authorize ratum of Buyers deposit Days 3 Notice To Buyer To Perform The NBP shall 1 be in willing 11 be signed by Seiler and Iii give Buyer at least 2 or After Delivery or unlit the time specified In the applicable paragraph whichever occurs last to take the applicable action A NBP may notbe Delivered any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified In 19C 2 D EFFECT OF BUYER S REMOVAL OF CONTINGENCIES If Buyer removes In writing any contingency or cancellation rights unless otherwise specified In a separate written agreement between Buyer and Seiler Buyer shall with regard to that contingency at cancellation right conclusively be deemed to have 1 campteled all Buyer Investigations and review of reports and other applicable Information and disclosures Icy elected to or for Inability to obtain proceed with the transaction and III assumed all liability responsibility and expense for Repairs or cort cdons financing zJ Sellers initials Buyers Initials C CopydghtO 2010 1906 CALIFORNIA ASSOCIATION OF REALTORS INC
VLPA REVISED 4110
21
PAGE
S OF 10 VACANT
RavWmd by
Data
ec
rrranrtr
Vamcr Rd
10 MU 99 G PMpery
coo
Vaxnor Rd
radio CA
Data
14rw1t 17 gas 09
remant
worow
pursuant to we
EPFECTOFCANCELLATION ONDEPOSITS IfBuyerr wdemr ROOM of mncelleaon paertant to dghtsduly e mrdsed under the tonne of itdt Agreement Boyer ad Better same ID Bign Bons to mood the sale and escrow ad release dapodts B any bpre Fees and eats may be payable to service providers and wndons for party OnSaad to do funds lase face and coats hmuned eavlas and products provided dudag escrow Rotesaa Ito mutual Signed Mom instructions from Buyer and Seth Judicial decision c radef rathom wora 20 FINAL VERIFICATION OF CONONIONt Buyer drill have 0 Pderto Close Of Ewmv NOT AS A CONTINGENCY OF TH Rgretrs lure bean ta ptded as agreed shdith Sevier hr Yt ENVIRONMENTAL HAZARD CONSULTATION Buyer ad I and local mud former canters and trees of sad property in oppikobie okeQe haslham made fro tepraeen199on ealandng the of to Buyer or bSager Now as aBrernbe tndlaekd In Ode AgreamanC 00 Broker hoof un made no repreeeNelron oommrtn s nm baling dbcw m ba9m and M emk ogler WA dare posed by anukonmenfally hand s substances U any loafed an or and Salter are Web advised b oonsult with tscimtat and kp spats eonoernbg the extstsna and rblu posed by srwhomumandyhownloas eubstmem R ffi PRORAMONS OF PROPBRTY TAXISAND OTHER US i Rome sholl be PAID CURRENT and gold W 88 Of Close Of E Isolated w real it slRlBaroruAuaFa close Of pets FmNOna on by Soya payments an bands and usasenants mined by Buyer and RoW and mhaf Spooled Asia and assessmsnbn Out ere a crests payments an Mego Ben The foAnrehg ram dW be assumed by Buyer WITHOUT CREDIT toaand the pu I payments on MaibAOas and other 8pests Assessment Dbtrtot bonds and assessments and RDA vedal suesements th rot rot yet des The Property VA be
eflahessaaanwlMimposd
Eam
23
Set
m 20
V
SELIC7IQN OF SERVICE PROVIDERS Broken do not guareniee the pmfamante of DRY wndan ssMcs or product provided Pmvidemry WheBnerfela ed by SrokeroradscNd by Buyer Seller orogm person Buyar and Seller mayseW ANY Pmvfma of thdrowm dhwuhtg MULTIPLE LISTING SERVICEIPROPERTY DATA SYSTEM If Brokertsa paAldpenl of a Multiple Listing SWCO CMM or Property Data System 709 Broker Is suthorbod to report to the MUI or POS a psndng sale and upon Close Of Eoorow the sales price ad other tsfin of this hmwpOn shale be produced to the MLS to be published and da minted to persons and enUdsa authorized to use the bdamagon on tom by the MLA or POS OPPORTUNITY The Property is sold In compBnnaMth fadend able and loaf oWpaatmfnetkn Left ATTORNEY PBES in any lotion prooeetift or erahel on hoarsen Buyer and Bayer adalng at of this Agmemad the prevamng Buyer or Sager dug be NOW breasonable aUamayfees and owls from thenatpnvelMg Buyer orBetter exaptan provided In paragraph 81A OBFMMDNBtAs used In this Agreement A ASapWoeMOMtheBarepreoffer or W counter offer Is acasntdletwriftbyaparty endladelivered toadpersonally moolved by he adrerParty Of that POW11 00010azad aganl M accordance vMb the tame of this offer ora final counter offer B Pam AA MOM the speft lorm rebwormed or sollnroanpaWeform G to
HOUSING
agreed
bythepordee
C V wOfEscuWmeansthedatethegrantdaed orother eNdemeofhWerofWe torecorded 0 Copy mean aopybyany means Including photmopy NCR reaknlle ad aedmnla B Oraw MUM alendardava HOwamr SPWAc ham a tam Anrn rave h aeea not counting the alendardae on whteh 0 Days Pala mom the specified number of atander days before the owmanoe of the erol specified not aunlhrp the adaadar date wMfi des iPsdfied avant ts schadalad b Dean
on
H ToRW Delivered or Wlvem regardlew of the method used ter meeaengar mug amen for other means lied ohm be epediw upon N personal moolgi by Buyer or Seger or the htdlvtdual Real Estate Umme for that principal as spedfiad In porawsph O of the wam did Rest Estate Brokers an page 8 OR 0R 13per the attached addendum C dredted R Form RON A 1 Elwtronb Copy or Elealronlo SlgwOrre myna as applicable an eledrordo nakrre complying wph Morris Law Buyer erul copy or s Salter awes that dadronlo moos wig not be used by ether party to modify or alter the cement or Integrity of this Agreement wOnmt are
broeaedoa oil consent of theother party Raw mane any law code atswI ordhmnce regulation ode or order which Is adopted by a Contrciting city county state or faderal ptlidalaamarWe bodyeregoey teakastlvs k RapnW moon my repairs Inducing post oonfrei skeregons repiemments modiffoations or raaoBt6rg of the Property prmidd for under thisAgroomem
J L T8
BROKERS
A BROKER COMPENSATION Baer or Buyer of both as applicable somes to pay compensation to Broker as spedfid In a separate wdBm ennnt bet9am Broker and that Boller at Buyer Compensation Is payable upon Clow Of Esaow or If escrow does notdoes es oMenMser agr spedBedinBUsimeeme nt batmen Broker rind that Sesmor Buye
BuyayaGIW L tAppipdml8@640
SettstekOdela
10 CAUFOIWlA
2n
A980CIATi ON OFREALTORSO MC
Ste
tau Il
81so Yvon
Pmopaly a
sea 91201 M v Dan 67 acrti a t Pa Ss Myer vol Andi decide what pdoe auyw dwuld pay or Bales B SCOPS OF BROKER DUTY Buyer and Seder odmoxtedpe and epee that Brokers W do not of ntea the dtndltion of ris Property fit do not purertee the porknence adagwoy or completeness defeat thst snot Idol bus for bemmlbykmp made 8otier shed retpamarikr w by w there 1110 repass provided
rs
sell
Migeffliffiffim
edwymNw 980
e tom eNeoCnBB
footea vedtYin@ gon o na ler bourt mution catatned to kspaation repab MLS w PDB advarlleecneriN Byers m other Planmtlami matstd kane9CBam ertwsd a teen ahe0 n9t bus ro60otulfAe tot moNdkmg lapel err tae advld reB Omng anyaapect of a w ewme netnoroersapwmenemrpmvm6 nape Inthecowsemthistoloo nmon fthystrywors seek local tax k tommoo education and oucodanma recrAW to perform tea wrote boosted activity Buywand Saber spree to the
Somid either dearedasucau nce frwn splvel Late profeeaommn 20 JOIRTSSCROwINSTRUCWMTOESCROW HOILDBR
bye teapanab
Waam
krmeladge
Sor Agraemenlconstitute iNjointescrow Instructions otBuywsed A The fotkaAngpangraphs tilde mapplicabieportionuthsroef bWAWU re to to Sserow Holder which Escrow Holder is to use along with wry Metal counter offers and addends and any additional mu0rd WsBmkem Dof the eadon uw Rad E and and 22 10F 2r 3338 20 28A 0gnph p11 don the 149 00 D 16 4 3 1 moorcm 108 17 1 on page 10
mP A 1
w I
SocrowHekerneeddnotb aoncemedBuyer end oral PwAftWarelnwnaatentar WbgkAgrwnant cisrosette such pravhbusupon Escrow Holdo Totheextent Bar srequest the genets pcvialm will consul as b the duties and obligation of Escrow Helder only Buyer and Seller v A8 srecute addtand Mdndbns documents and barns provided by Escrow Nddathd we rsa9abyneaseawy to does do escrow na ACopyofthis Agreement shell be delivered to EscmwHolder widdrtd business days aces Aecreptanre Ho WWWpmufdeaeaols oWnentofbftmWont TTM
company wimp received bom Boller Buyer and Seder euthodle Escrow Hobe to accept end rely on Copies and Signatures as defined In We n of oacow The wbfy of this Agreement as between Buyer and Saw is rmt to Plinannect f Wpm Oft d Red C Brokers are a perry to the agarew for the sore propose of 9crapnntun pwsuanl to parappu 28A and paragraph D of the Mellon t Edete Brokers on page 10 Buyer and Seger inawdby antgn to Braise componsaton spadfsd In pempaph 2 1respedwlyc and kn onbly amwct Escrow Holder to cilshume Umn Lunde to Broken at Can Of Escrow or paxwnt to any other mulusPy mmNed asooaeaaan sgreament CanpwaMn kwhtdone can be smandod w revoked onlyMMAM elms consent of Broken Suyar and Marshall coati rdnnaedheldNolen MUMHokerkananyratI ofcompeme8onpweuant to this s monEaaOwMolderssaymeniteBrokw 0It Buyers WM cr any addBonai dweltle not madepurouset to Oda AgroaftenL Agreement Escrow Hobs eheil tmmadinteynogy Broken mis notgaod al8mo of deposxvAth Escrow Holder w IIffdSwrBUyera lithe Instruct Escrow Holder to canoe seam 0 A Copy of mir amendment god abets any perepeph of riu Agmemeot for each Escrow Hoban is sport shag be delivered Is Escrow Heberwi t2businessdaysaftermutual eaawomoftheameadmam 30 UMDATEDDAMAOEB gBuyer Miltooomptokthis Purchase because ofBuyersdefit SelhrsfmUretain nliclutdeladdermea the dep4lt safteft paid Buyer and SeNar acres that this nmunt Is a 195119114416 SUM Dion that R is bnprackcal or oxb wwy difficult to WAM the amount of cbmaga that would actually bus suffered by Boger In the avant Buyer wara to breach this Agreement Release of O funds WIN regdre mutual Signed 014 6lnehuo0ons from bothBuyer and Better Judicial decision or arbitration award
Op
oa
Buyeesinlthls
s weesft
31 618pUT8 RP 80LUf14N A MEDIATION Buyer and Sellw epee to medkte any dloute or dim ari ftbahvan them outof this Agn4mnt or any ntNSng trannc Ion baton rnocdng to atdkalion or court action Buyer and taper she acne to median any tumules or claims with Broker s who M vMgng egrn to such mediation prior to or within a rwwuMa time fM the dispute or dekn is presented to IN Steiger Medialbt fees S wry shad be divided equally some the cantles Immure if for any dispute w dabs to which this panocateh appeal erry g any D camnmma an gotten without Belt auemplkW to madve the mega through modiaeen or I before commencement of an solar refines to mediate oilers request ham been made than gslpery dwUnotbe WOO b reo ver ettanay lose even 88sy wntdd otherwise N g Isln ao But Petty In any Such aoUcn THIS PROVISION APPLIES WHETHER OR NOT THE ARSRRATION PROVISION IS rNRW EO Eadudonetrem fie madfnUon aareement are specified in puagnph 31C
DUITION ML
IL ARBITRATION OF DISPUTES Buyer and Seller agree that any dlepute or claim to taw or equity arising between them out of this Aeraemant or any resulting trarmacgon wh oh is not setHed throw00h mediation sfiail ha dealded neutral binding aWtiration Buyer and Belier also agree to arbitrate any dlspul or deims with Broker who in to bus an th w Years residential r6ei estate Law expaHenoe anises the perttas mtttueliy agree to a diffarant arbitrator The parties shall have the rigght to discovery In acooManca whhCode of Ctvll Procedure jI1283 08 In all other respects the arbHretion ehatl bus conducted In accordance with Testa B of part 3 of the Code of Clvii Procedure dudgmetd upon the award of the erbltretor a may be entered Into any court having judedkten EMaroamant of the agreement r arsshalt be governed by the Federal Arbhretion ACL Exclusions fro m the aMitration agreement are aape clR ad In paragraph 31C
attomey
atieB
itallen
of
Ira Suys
sellers IniestsI
f
DOS
TAT
PARWISED41fo W aeOP10 PA
VACANT
57eC Yeme IB
Property
ARNRND a MNAVE READ AND UNDERSTAND THE FORMING AND AGREE TO WBN11T DISPUTI OUT OR TIE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION Tg NEUTRAL ARBRRATION
s lrlltlab auvsr
aslbh lediels
UNDIATIDN AND ARBRRAMON TERM matters OW1 be uplWW tram nnWtim and arbitrations S a judicial or nowodldrl Lmodawn er ether or 109010NM tend mb snail as demtad In CM Coda PM O an 50000 or wo O ng to Odom a dead of trust m WdMv ul 99W W AMmM PM the Qlbq or ar MNNM of a m d mtol Ilan sad ter any midtor Oat is er the bdkdo of a of soedastlon to enable Me moordkrp of a nagas of peadbv wim formes of PmblW small Was ortmebupbyacu tThe ft or Wobvm of We madbOen and r or other prbvblasd m dW slap root waaft s a ww albdunard 040000 t tnImactI abhm mVwAoWM vd r Late May sane to do so in wdgne Any Broker s M PRORtIR Bmhm shelf not he aidlpafad or competed to mWW or a WyIft M OMOM crarbil dloM shelf notbe Jammed a prtyto do Atmrmrot pla M TO16M AANDCONDMONSOFIkRM Tbb Is an albs to pmhm the Mvpary on the above Isms and calla s Tin spddded damages pwspraph or the mWbaaon ofdbpsbs
a
ADDRION
ens d man pail h U such puspuph aa mwla otr brsyhed u m awsensam b reirdwd 6atr has Iles dpM b moMUa m albs the Prpery for sob and b see say other of at cry time prior to mocdon of Acceptance R Nb aft Is accepted and Buyer aabes@wrdpr W oampsm Wm We Apawnrd anal any a0plrnenf addardian or MWIMV n debdb Buys may be aepone164 for prymanl of Dmk era ramWpom all of Mdoh 04 mrilab we and the soma wafting big mgCopy may be Slpred In bmor s SL TIME OF UKNCFj WMRH CONTRACT CHANOBts The Is of The see m M Lindauslo Wbetween the pareas am ktaorprated In tide
A
and
a fndteolwar4fh lld M falrprdederridbpAee dttl lea rtaclved b armordancew0 the hiss d Oa ftfoolt wbmlL MOW Of Agreomat 11 B
Waffiroyrol
a dw
1hiaApwmaddull provbico b It
of
bySuprandldW mmrbaad OWInWNWSigned showorohaWck modlnad amen dad guy62 MTMOFOFFM7WoOartanbedowned ad and the dWdlAdbemknw Wess the afbEbsedbyistaandaCopy
A RIL
Deb BUYER
ruwta
54 L
Oda
m QAMptPM
paw BUYER
Mao
0S ACCWTANCB OF OFFM Scher mmrds SW Bsdbr b On army of IM Praprfy ah the adty ioerecule trio ApaamenL gdw uaspb the show G spar to sell the Pepwy m the show farm and ca ddwll and apron to the above oonOnnsym of apaoy rablawwps aelr tae sad ad arSMwledpas reoelplola Capyd fhbAEreemsm and arahorbr Broker m Detvre Blpred Copy m Buyer 0 dndrod SUBJECT JO ATTACHED COUNTER OFFER CARL Pone CO DAUM
Dab SELLER
nine
Flim
was psnbnaty noshed by Buyer or Buyeh aAartrad sRW at 13 AMQ Pk A bimRaS Agreement Is mubd when In a Copy of 81p W Acceptance to pafaonety resolved by Buyer of Ruya a sMhedrd agent whether or not om0m d dds daaOmm OamplNlen of era amftmkn is not bpaliy reyuwd in order to reeb a bwdlM Agmrnanq H Is solelyMaanded to ovkWace the date that Cont wtm ofAoropWdce idea occurred w
CoftkmOm of Awggm
on dew
weInteela tw
MDierIXCaLWMMMSOCIATIONOFRFALTOP80 WC
VLPA REMO
Wart Beim
Me PAGE 0OF 10
RaMreadb
VACANT LAND PURCNASR AOHBSMENT PA08 S OP 10 KIPA
Pmpeny error
18 e7
Verner
Ad Sa o CA
92201
20 Dot marob 12 24
RedroutoBrdwrswenotparUeetotheAgreement between guyerandBetter 8 ApsaayreYBamldps are confirmed no stated In paragraph 2 I C RapeciflialLiamr AAgentwhoeulmlkadthedterfooBuyer acknowledges moelplofdq 3A to D COOPERATING BROXBR COMPENSATION Uaft Broker apnea to pay Cooperaft Broker Selling Ran and CooperatIng Broker ogees of tle MIS trt ad of 1 11 sake proaeede in escrow 0 the amount specified In the WS pmvlded Cooperating Baker Is a PaNolpaM Red CAR Fort wfifdf the Property IsoRered foraele era reciprocal MLSt or 1 Q If dteoted the amount spodflad In a separate wdgon wmae be used to document ded tat recanting CBCbetween Wtlnp Baker and Cooperating Broker Deieretion of License and Tax CAR Form OLT may
A vibe
Date
cob
Fax mal E
stie rreeastiag Broker Weft Fem tieert e 6 00702402 Tumor BRE L1c PAXM I atera 033 Lea YftaPRqspud Sher 101 77 Fax L760960 7680
state 27P
BREULO 00702192 Data state CA 7JPA2211
Totepho
Peet
b P
ey
ESCROW HOLDER ACKNOWLEDGMENT ESCROW HdderaoknoMadpea Receipt of a Copy of Ode Agreement H dmcked J a dapoettIn dm amount of B numbeed a aourderopr Q Sa9ats Statement of Urbonstion and C Other
Escrow finder Is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer end Better to
Ele ae0rov c AMMICAA Esemartielderrar TA aeliv
By
CA 94210 74770 vav 111 aha 10 earan e w 7972 1 966 M 0186 PhrlrFa7 760 910 E4lad emr keol3iOXGUXAtae Escrow Holder a RcarteW by the Oetifomia Oepenmer4 of 0lneurance Real Erato UcMea 6 Cgrporstlons Address
Ralxa
PRESENTATION OF OFFER
ft offer to Better on
data
data
PubbWondftfthd IEaO BO a G
aRPaJV BB6TyAa
10OF1O
1a97aeVmae
CONTRACT ADDENDUM TO VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
FOR APPROX 18 87 ACRES VARNER RD INDIO DATED MARCH 12 2014 HRA INV CITY OF INDIO AND OR ASSIGNEE
provided by pages one through ten of the Vacant Joint Escrow Instructions entered into by and between HRA and Agreement or assignee Buyer dated March 12 Investments 11 LLC Seller and City of Indio and 2014 Form VLPA and this Addendum the provisions of this Addendum shall control and supercede the contrary or inconsistent provisions in Form VLPA to the extent of said contrary
In the event of a conflict between the terms
Land Purchase
or
inconsistent
provisions
Form VLPA the
paragraphs enumerated in the and supercede said paragraphs as set forth below
OFFER
following provisions
amend
option to extend the close of escrow for up to three 3 additional one 1 month periods by depositing into escrow Sixteen Thousand Six Hundred and Sixty Six Dollars 16 666 for each additional one 1 month extension Said option payments shall be full consideration for the option granted All option payments shall be immediately refundable to Buyer and shall be passed through escrow to Seller and shall be non to the If any ofthe Sixteen Thousand Six applied purchase price upon closing extension Hundred and Sixty Six Dollars 16 666 payments are not deposited prior to the expiration of the prior closing period the escrow shall not be extended and this Agreement shall automatically terminate
On
or
Buyer
ALLOCATION OF COSTS
A INSPECTIONS AND REPORTS
Desert Pacific
to order and Seller to pay for costs not to exceed 150 disclosure report to be delivered to Escrow Buyer Seller and Listing Agent to receive a copy of the natural hazard zone disclosure
Properties
zone
of a natural hazard
report
B ESCROW AND TITLE Escrow Holder shall be
Kelly Collier
First American Title
770 Highway 74
Company
101
111 Suite
760
866
Buyer and Seller acknowledge receipt of copy ofthis page which constitutes Page s Buyer
Initials
I of 8
s Seller Initials
Company
San Bernardino CA 92401 8738 Phone 866 566 3980 Fax 909 380
7
SELLER
6 A
DOCUMENTATION
ADDITIONAL DISCLOSURE
ENVIRONMENTAL HAZARDS
To the best of Seller s actual
as a or
knowledge the property has not been used by Seller for the dumpsite storage of any Hazardous Material It shall be Buyer s sole and absolute responsibility to investigate the property and conduct whatever
tests
Buyer
deems necessary to
hazardous toxic or dangerous waste substances or material defined as such in any federal state or local statue law ordinance code rule and regulation order
or
decree
specified in paragraph 19 A Seller shall endeavor to deliver to of all Buyer i copies grading plans plat maps parcel maps engineering reports geological studies toxic materials reports market studies soils reports current property tax bill s existing leases and any other documents or plansrelevant to the purchase holding and future development of the property that are remain in s possession and ii cooperate with Buyer in obtainingconsent and Seller reliance letters from all preparers of all plans reports and studies that permit Seller to assign such plans reports and studies to Buyer and permit Buyer to use and rely upon them The cost of obtaining such consent and reliance letters will be paid for by Buyer and Seller shall not be responsible in the event that such consent and reliance letters cannot be obtained by Buyer
11
Closing subject to any required third party approvals Seller will assign to Buyer without representation or warranty all plans reports and studies prepared on behalf of Seller which remain in Seller s possession Buyer must obtain any required third party approvals desired by Buyer within the original close of escrow period referred to in Section I D or Buyer shall be deemed to have waived this requirement Notwithstanding the preceding sentence the parties contemplate that all of Seller s to in and the CVWD fees and CVWD Seller to rights deposits paid by approximately 000 430 shall be conveyed and transferred to Buyer in writing by and without recourse to Seller at the Closing subject to the express written consent and approval of CVWD and that such written assignment and consent must be reasonably acceptable to Buyer If Seller does not deliver such a written assignment and consent
2 B At Buyer and
Seller
acknowledge receipt
s Initials Buyer
s Initials Seller
constiby tutes
Page
2 of 8
Closing then Buyer may terminate this Agreement by written notice to Seller and all deposits of Buyer under this Agreement shall immediately be returned to Buyer
at
12
responsibility
to
determine
suitability or
or
s Buyer
intended purpose
Buyer acknowledges
representations of any kind or character expressed implied with respect to the property including but not limited to any warranties or representations as to habitability merchantability fitness for a particular purpose title other than Seller s warranty of title to be set forth in the deed zoning tax consequences physical or environmental condition or absence of hazardous materials or waste presence operating history or projection valuation governmental approvals governmental regulations the truth accuracy or completeness of any item or any other information provided by or on behalf of Seller to Buyer or any other matter or thing regarding the property Seller shall sell and convey to Buyer and Buyer agrees to accept the Upon closing Property in its present as is where is and with all faults conditions with no representations or warranties of any kind made by Seller It shall be Buyer s sole and absolute responsibility to investigate the Property and conduct whatever tests Buyer deems necessary to satisfy Buyer to the absence of hazardous materials condition of the Property and suitability or fitness of said Property for Buyer s
intended purpose
ii The Purchase Price and the terms and conditions set forth herein
are
the result of
arm l s ength bargaining kind and said price terms and conditions reflect the fact that Buyer is not relying upon any statements representations or warranties express or implied made by or on s behalf of Seller other than Seller warranty of title to be set forth in the deed without including limitation any relating to the value ofthe Property the physical or environmental condition of the Property any state federal county or local law ordinance order or permit or the suitability compliance or lack of compliance of the Property with any regulation or any other attribute or matter of or relating to the Property Buyer agrees that Seller shall not be responsible or liable to Buyer for any defects errors or omissions in any materials provided to Buyer the Materials or on account of any conditions affecting the Property s warranty of title to be set forth in the deed other than Seller iii Buyer its successors and assigns and anyone claiming by through or under s subsidiaries and affiliates and Buyer hereby fully releases Seller and Seller their respective employees agents shareholders members managers partners limited partners officers directors agents successors and assigns collectively s Released Parties from and irrevocably waives its right to maintain Seller any and all liabilities losses claims costs expenses damages judgments or
Buyer and
Seller
acknowledge receipt
s Initials Buyer
sInitials Seller
constitby utes
Page
3 of 8
awards including reasonable attorneys fees and expenses disbursements and costs of investigation litigation settlement judgment and any applicable interest and penalties Losses against Seller sReleased Parties with respect to any and all Losses arising from or related to any defects errors omissions in the Materials or other conditions affecting the Property In connection with the releases contained herein Buyer hereby waives any and all rights which it may have under or pursuant to 1 the provisions of section 1542 of the Civil Code of the State of California and or 2 the provisions of any other similar statutory regulatory or
common
or
provides
HIS OR
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR EXECUTING THE SUSPECT TO EXIST IN
RELEASE WHICH IF KNOWN MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
S BUYER INITIALS
HER
iii
statutory language of section 1542 of the Civil Code ofthe State of California and having been so apprised nevertheless releases all unknown claims as provided above
iv
Buyer represents
studies
and warrants
that
as
independent analyses including limitation analyses or fungal growth concerning the presence of lead asbestos water intrusion and and any resulting damage PCBs and radon in and about the Property reports investigations and inspections as it deems appropriate in connection with the Property Buyer acknowledges that the Property may be subject to as applicable transfer occupancy operating and other regulations and restrictions Buyer or will represents that it is familiar with such regulations and restrictions and engage an expert knowledgeable about such requirements If Seller provides or has provided any documents summaries opinions or work product of consultants surveyors architects engineers title companies governmental authorities or any other person or entity with respect to the Property including without limitation the offering prepared by Broker Buyer and Seller agree that Seller has done so or shall do so only for the convenience of both parties Buyer shall not rely thereon and the reliance by Buyer upon any such documents summaries opinions or work product shall not create or give rise to any liability of or against the Seller Released Parties Buyer acknowledges and agrees that no representation has been made and no responsibility is assumed by Seller with respect to current and future applicable zoning or building code requirements or the compliance of the Property with any other laws rules ordinances or regulations the financial earning capacity or expense history ofthe Property the continuation of contracts or occupancy levels of the Property or any part thereof
without environmental studies and
Page 4 of
sInitials Seller
Buyer expressly acknowledges to Seller that Seller has complied with the disclosure requirements if any of California Government Code 3 8589 flood hazard inundation and 5 51183 4 8589 failure special dam area area fire and California Public Resources Code 9 2621 high severity area earthquake fault zone 2694 seismic hazard zone and 4136 wildland fire area regarding the possible presence ofcertain natural hazards the Disclosures Seller and Buyer acknowledge and agree that any such Disclosures are made based on maps or other information that is provided by various governmental agencies and that Seller shall have no liability for the accuracy or completeness of
any such information
13
MATTERS AFFECTING
hereby grants to Buyer its agents and contractor a revocable right to enter Property during the escrow period for such matters as conducting soil tests environmental assessments and or engineering studies Buyer surveys and Seller from indemnify agrees to hold Seller harmless any and all claims arising out of said right to enter and further agrees to return property to its original condition Buyer agrees in the event escrow does not close and as a condition to the return of Buyer s deposit Buyer shall turn over to Seller all copies of results of tests and studies and shall maintain the confidentiality thereof except as may otherwise be required by applicable law
upon the ABILITY TO USE AND DEVELOP THE PROPERTY This offer is upon Buyer s approval and their ability to use and
Seller
develop
Paragraph
14
19 B
SELLER DISCLOSURES
ADDENDA ADVISORIES
1 D
Seller agrees
to
as
development Property including executing reasonably required provided that cooperation shall be at no expense or obligation to Seller and providing any such approvals and documents shall not become effective until after close ofescrow unless otherwise approved in writing by Seller Buyer agrees in the event escrow does not close to turn over to Seller all copies of results tests maps engineering plans and studies
such
may be
2 D
Assuming that representation of square footage or made Buyer understands and agrees that said only approximations of the exact size or dimensions Buyer
to make or obtain his own exact measurement of copy ofthis page which constitutes
Seller
real
Page
5 of 8
s Seller initials
footage of the building or land or Buyer acknowledges that all information and statistics including but not limited to square footage ofthe residence room size boundary lines lot size etc as stated by the real estate agents in the multiple listing service brochures flyers advertising or any other oral or written communication relating to the property are approximate and given only as a general reference and the correctness thereof shall not be relied upon by Buyer The real estate agents source of said information is either information provided by Seller and or information obtained from a title company printout of basic information from the Assessor s office Said information has NOT been independently verified by the real estate agent and cannot be relied upon by Buyer Buyer is invited to obtain his her facts information and statistics including square footage and survey from independent sources Buyer must verify for accuracy any information Buyer intends to rely upon prior to close of escrow
square SOILS AND LAND
are
acknowledge that real estate broker and agents engineering and have no knowledge of the soils condition of subject Property Therefore in purchasing this property it is expressly agreed between Buyer and Seller that is the purchasing Buyer Buyer
not
and Seller
property in its as is condition and with all faults as to soil and soil related problems of any nature whatsoever whether caused from the soil in its natural
or modified by third persons or business entities Buyer and Seller have been advised that Southern California in general consists of clay adobe
state
expansive soils and there are major and minor faults lines throughout this area Therefore Buyer is advised to seek the service of qualified soils engineers structural engineers or other experts oftheir own choosing in order to determine the condition and suitability ofthe Property Buyer and Seller agree that soils be considered an area that is inaccessible to a reasonably competent and diligent visual inspection and hereby hold Desert Pacific Properties Inc and its agents harmless from any damages or loss in value suffered to subject Property by virtue of any soil structural or design related problems
ENVIRONMENTAL The Buyer is further advised that the desert is sometimes
high winds blowing sand extreme heat temperature swings flooding and earthquakes There are also several types of pests roaches tennites spiders skunks raccoons coyotes and other vermin not found in other areas In Palm Springs Thermal and Bermuda Dunes the airport is located close to populous areas and many properties are subject to the attendant airport noises It shall be the Buyer s sole responsibility to satisfy itself as to the acceptability of airport impacts to the subject property subject
as
Title
and to review
to examine
and
public
Page 6 of8
s Initials Buyer
sInitials Seller
MULTI SPECIES HABITAT Riverside County has prepared a Multi Species Habitat Conservancy for the various areas of the County Desert Pacific Properties
strongly
land
use
recommends the
Buyer
contact Riverside
and Coachella
Valley
Association of Governments
restrictions ofthe
proposed plan
CVAG 710 Fred 73
Riverside
Waring Drive
760 1 346 127
Ste 200
Telephone
website
Title
Company
shall
plot all easements of record and provide copies 10 days after acceptance
of recorded
Buyer
shall have
or
ninety 90 Report
contingencies including but not limited to exceptions therein and in that regard Section 15B of the Purchase Contract is hereby deleted and any matters revealed by a survey If written approval is not delivered within the above time limit then all contingencies will be conclusively deemed disapproved and Escrow Holder shall return Buyer s fifty Thousand Dollar 50 000 deposit to Buyer less cancellation charges if any and escrow shall thereupon terminate Upon the satisfaction of all the Buyer s contingencies the deposit shall be deemed non s default Said deposit shall apply refundable except in the event of Seller towards purchase price upon closing
approve
disapprove
Title
all of Buyer s
and all title
Preliminary
payable
are
cost and Seller hereby covenants through the escrow at the closing
28
prior
to the
closing or
Properties Inc commission of Sixty Five 000 upon closing of escrow which amount represents 65 commission payable in connection with the sale ofthe Property
the
Buyer and
Seller
acknowledge receipt
Page
7 of 8
s Initials Buyer
s Seller Initials
The
Property
POR NW a T 55 RAE
G W1400
luau
win IM14
AVENUE
40
Mrp
l
tt
l 4
r
ILq
rr rrw
i
r
J
j
rvv I T w nun
iel
Y
Buyer and
Seller acknowledge
receipt
Page 8
of 8
Buyer Initials s
sInitials Seller
ATTACHMENT B
SITE MAP
ITEM NO
FROM
City Attorney
SUBJECT
proposed 9680 adopted February 5 2014 the Resolution of Consideration 2 consideration of seeking bondowner consent and adopt a Resolution to amend Resolution 9680 to replace the proposed rate and method of apportionment of special tax with an alternative rate and method of apportionment proposed by the petition 3 consideration to abandon the change proceeding for the proposed rate and method of apportionment of special tax
on
1 A continued public hearing to consider and determine the altering of the rate and method of apportionment of special tax for Improvement Area No 1 of the City of Indio Community Facilities District No 2004 3 to the qualified electors as in Resolution No
inability to meet the coverage test for the Series 2005 Agent Agreement Bonds the Bonds as to whether to i undertake and direct bond counsel to accomplish a bondowner consent mailing or ii abandon the change proceedings If the Council determines to undertake a bondowner consent mailing staff seeks direction as to whether it desires to continue with the RMA as set forth in the Resolution of Consideration of February 5 2014 or substitute an amendment with an alternative RMA proposed by the petition submitted to the City Council on September 4 2013 with respect to Improvement Area no 1 If the latter staff recommends adoption of the Resolution to amend Resolution No 9680
contained in the Fiscal attached
as
RECOMMENDED MOTION
000 for 15
consultant costs
Prepared By
Cost associated with this action
A N A N In current year
Roxanne Diaz
A N A N A N
budget
FINANCIAL DATA
Source of funds Account number
Budget adjustment
general
fund cost
A N A N
Legal
Review
Department Review
Financial Review
A N
Roxanne Diaz Dan Martinez
r
City Attorney
City Manager
GItTY
MANAGERS
e
SIGNATURE
Approve
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 2
Public
19
2014
as
to and method public hearing concerning the proposed amendment special tax for Improvement Area No 1 the Original R A Amendment set forth therein Per Section 53338 of the Mello Roos Act the City Council continued the public hearing to this date sufficient time for its two fiscal consultants Willdan Financial Services and Goodwin to provide Consulting Group and bond counsel to perform the additional analysis concerning compliance with the Fiscal Agent Agreement for the Bonds This additional analysis has been completed and concludes that the coverage test contained in the Fiscal Agent Agreement which must be met in connection with a proposed modification of the rate and method of apportionment of special taxes for Improvement Area No 1 the RMA cannot be satisfied when any portion of the special tax levy is shifted from developed property to undeveloped property Notwithstanding the Fiscal Agent Agreement provides that bondowners may consent to an RMA amendment that does not meet the coverage test if a majority in aggregate outstanding principal amount of the Bonds provide their consent and approval
BACKGROUND Public Hearing Section 53338 of the Mello Roos Act that the the Resolution of
provides
public hearing
on
Consideration may be continued from time to time but shall be completed i within 30 days without the need to make any finding or ii within 6 months if the City Council as legislative
body of CFD No 2004 3 finds that the complexity of the proposed changes or the need for Roos Act further public participation requires additional time Section 53338 of the Mello the conclusion of the hearing a the City Council may abandon the provides that at not if or proceedings b precluded by written protests submitted by either i 50 percent or more of the registered voters residing with Improvement Area No 1 or ii the owners of one half or more of the land included in Improvement Area No 1 and not exempt from the special tax the City Council may submit the question of changing the RMA as proposed in Resolution of Consideration to the qualified electors of Improvement Area No 1
The financial consultants have confirmed that the modification to the RMA cannot be satisfied because of the is
inability
explained
more
to meet the coverage test contained in the Fiscal Agent fully below In that case the City cannot proceed with RMA to the with two
qualified electors of Improvement Area No 1 remaining alternatives which are either i obtain the consent of the owners of a in aggregate principal amount of the Bonds in order to majority proceed with submitting the desired RMA Amendment to the qualified electors of Improvement Area No 1 for a vote at a special election or ii abandon the change proceedings See Government Code Section 53332 2 of the Fiscal a and Sections 5 75 2 86 2 4 and 6 1 Agent Agreement We next provide a summary of the RMA calculations reviewed by our fiscal consultants and a summary of key provisions of the Fiscal Agent Agreement
Public
April 16
Page
3
2014
on
Original RMA Amendment proposes to amend Section D 1 of the existing undeveloped property in Improvement Area No 1 would pay into the special tax
so
that
sought by
the Petition
original currently effective RMA developed properties are levied first up to 100 of their Assigned Special Tax Rate as needed to satisfy the annual Special Tax Requirement The Special Tax Requirement is defined in the RMA to consist primarily of debt service on the Bonds and CFD administrative expenses for the subject fiscal year Under the original RMA undeveloped properties are levied in a second step only if more monies are needed to satisfy the Special Tax Requirement for Improvement Area No 1 for the applicable fiscal year In fiscal year 2008 09 developed property was levied at 100 of their Assigned Tax and rates Special 81 of their undeveloped property was levied at approximately 99
on
Based
the
Maximum
Special
10 commencing fiscal year 2009 as Bonds required by the Fiscal Agent Agreement with escrowed could not be used for projects due to the lack of growth in property values in Improvement Area No 1 Due to this reduction CFD No 2004 3 has not needed to utilize the second step in the RMA i e levy on undeveloped 10 in order to raise sufficient monies to cover the Special Tax properties since 2009 Requirement Developed properties on the other hand were levied in fiscal year 2013 14 42 of their pursuant to the first step in the RMA at an effective rate of approximately 93 respective Assigned Special Tax Rates in order to satisfy the Special Tax Requirement
on
payments
redemption prepayment
million of
Under the Original RMA Amendment the Special Tax Requirement would be allocated between developed lots and undeveloped lots in proportion to the percentage that such lots comprise of the total number of lots in Improvement Area No 1 for the applicable fiscal year
currently 636 taxable lots in Improvement Area No 1 523 of which are Developed Property under the RMA and 113 of which are currently classified as Undeveloped Property under the RMA Thus if there are no changes in this development status for fiscal year 2014 15 the Original RMA Amendment would allocate 82 being 523 15 Special Tax Requirement to be levied approximately 23 636 of the 2014 on Developed Property and approximately 17 77 being 113 15 Special 636 of the 2014 Tax Requirement to be levied on Undeveloped Property
are as
For
Original RMA Amendment would have the effect of reducing the special tax levies on developed lots in Improvement Area No 1 in tax year 2014 15 by an estimated 17 64 in 14 The estimated 2014 comparison to their respective special taxes levied in tax year 2013 15 tax levies on developed lots under the Original RMA Amendment would translate into an effective tax rate equal to approximately 76 95 of the Assigned Special Taxes for each type of developed property in Improvement Area No 1 see Tables 1 and 2 in the existing RMA To enable the special tax levies on undeveloped lots to achieve an amount equal to their proportionate allocation of the Special Tax Requirement as described above in the previous paragraph the Maximum Special Tax Rate for undeveloped property in Improvement Area No 1 would need to be increased to 117 11 of the existing Maximum Special Tax Rate for
The
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 4
Public
undeveloped property in Improvement Area No 1 see Table 5 in the existing RMA Thus the Original RMA Amendment also would amend Table 5 of the existing RMA to increase the Maximum Special Tax Rate for undeveloped property in Improvement Area No 1 accordingly
12 acre parcel in Zone example under the current RMA a 2 400 square foot home on a 0 A of Improvement Area No 1 was levied 92 3 special taxes in tax 003 in CFD No 2004 3 14 If the RMA is amended by the Original RMA Amendment this developed year 2013 3 levy of 12 15 On property would pay an estimated reduced CFD No 2004 474 in 2014 2 current the other hand under the 12 acre parcel in Zone A of RMA an undeveloped 0 3 special taxes in tax year 2013 14 Improvement Area No 1 was levied 0 in CFD No 2004 If the RMA is amended by the Original RMA Amendment this undeveloped property would pay an estimated increased CFD No 2004 3 levy of 97 15 021 in 2014 3 Alternative Petitioner RMA Amendment The Petition submitted Area For
regard to Improvement undeveloped properties make up 25 of the debt service and requested that the RMA be amended so that the undevelopment property owners pay their proportionate share of the special taxes We requested our fiscal consultant to review the viability of this proposal This RMA amendment proposed by the petition is
on
September 4
referred to herein
as
The Petitioner RMA Amendment proposes to refine the allocation of special taxes between developed property and undeveloped property set forth in the Original RMA Amendment As described
a pro rata allocation based on number of developed and undeveloped lots versus total number of lots As indicated in the Official Statement i e offering document for the Bonds dated
above
proposed
in the
Original
RMA Amendment is
special parcels in Tract 31601 which include the 113 parcels currently classified as Undeveloped Property under the RMA are responsible for 25 of the special taxes even though they comprise only 21 of the total number of residential parcels
as to
September 7 2005
each lot in
Improvement
Area No 1 is not
weighted evenly
taxes
The tables in the Official Statement indicate that the 133 total residential
Thus the Petitioner RMA Amendment proposes to allocate 25 of the Special Tax Requirement to the lots in Tract 31601 of Improvement Area No 1 and 75 of the Special Tax Requirement to the lots in the other tracts of Improvement Area No 1 i e Tracts 31601 and Since all of the lots within Tracts 2 31601 3 31601 4 3 5 31601 2 31601 31601 5 are completely built out and classified as Developed Property under 4 and 31601 31601 the RMA the Petitioner RMA Amendment proposes to levy these parcels proportionately vis a vis their respective Assigned Special Taxes see Tables 1 and 2 in the existing RMA as needed to satisfy an amount equal to 75 of the Special Tax Requirement As to the lots within Tract 31601 the Petitioner RMA Amendment proposes to account first for the developed parcels in Tract 31601 by levying the special tax on each parcel of developed property at the same percentage of the applicable Assigned Special Tax rate that achieved the proportional allocation for developed property in Tracts 31601 5 in 2 31601 3 31601 4 and 31601 the Petitioner RMA Amendment would the sentence previous Finally complete levy by levying the special tax on each parcel of undeveloped property in Tract 31601 proportionately
Page
at up to 100 of the
25 of the sentence
applicable maximum special tax rate to satisfy an amount equal to a Special Requirement less b the aggregate amount levied in the foregoing of on parcels developed property in Tract 31601
Tax
To accomplish this allocation of special taxes proposed in the Petitioner RMA Amendment the Maximum Special Tax Rate for undeveloped property in Improvement Area No 1 would need
to
property Original
Improvement
Area No 1
Special Tax Rate for undeveloped existing RMA By comparison the increase the Maximum Special Tax Rate for undeveloped 1 to 117 11the existing Maximum Special Tax Rate see
existing
reducing the special tax levies on Area No 1 in tax 15 by an estimated 21 as Improvement year 2014 to 64 17 under the Original RMA Amendment in comparison to their respective
lots in
levied in tax year 2013 14 The estimated 2014 15 tax levies on developed lots under the Petitioner RMA Amendment would translate into an effective tax rate equal to 73 as compared to 76 95 under the Original RMA Amendment of the approximately 76
Assigned Special
of
developed property
in
Improvement
Area No 1
see
under the current RMA a 2 12 acre parcel in Zone 400 square foot home on a 0 Area No 1 levied was in CFD No 3 2004 003 3 92 Improvement special taxes in tax 14 2013 If the RMA is amended by the Petitioner RMA Amendment this developed year 3 levy of 83 15 On property would pay an estimated reduced CFD No 2004 366 in 2014 2 the other hand under the current RMA an undeveloped 0 12 acre parcel in Zone A of
example
A of
Improvement
an
Area No 1
was
by
levied 0 in CFD No 2004 3 special taxes in tax year 2013 14 the Petitioner RMA Amendment this undeveloped property would
comparing RMA Original below based on an example current levy of 92 003 shows the differences in the estimated annual special taxes under 3 the three scenarios for both developed and undeveloped properties for that sample property
RMA Amendment and the Petition RMA Amendment is provided of a 2 12 acre parcel in Zone A with a 400 sq ft home on a 0
EXAMPLE OF RMA IMPACT TO A SAMPLE DEVELOPED PROPERTY Year of Levy Current RMA
628 in 3 38
15 A chart 2014
003 3 92
474 2 12
366 2 83
Reduction
I
special
taxes
80 529
09 637
this
is the amount of
paid
in 2014 2013
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 6
Public
Altering
the RMA in
EXAMPLE OF RMA IMPACT TO A SAMPLE UNDEVELOPED PROPERTY Year of Levy Current RMA
2015 2014
Levy
021 3 97
628 3 38
Increase
021 3 97
628 3 38
Analvsis
as
documents such as the Fiscal Agent Agreement form a own the Bonds as well as the Fiscal Agent who must under certain circumstances to take actions to protect the rights of Bondowners under the Fiscal Agent Agreement A Bondowner may also take legal action in its own capacity to enforce the Fiscal Agent Agreement governing
contract with the investors who The Fiscal in the
bond
Agent Agreement
or to
contains certain
provisions
can
RMA
otherwise
change
the RMA
Agent Agreement Sections 5 72 2 8 5 and fulfilled before a proposed RMA change can be made without bondowner consent This financial test requires that CFD No 2004 3 and the City obtain from an independent financial consultant a certification that the maximum amount of the special tax which may be levied on parcels currently classified as Developed Property under the RMA i e property for which a building permit has been issued in each year for outstanding Bonds through their scheduled last maturity in 2035 will be equal to at least 110 of the annual principal and interest on the Bonds plus estimated administrative expenses for each year This is also known as a coverage certification 110 coverage is required in order to demonstrate a cushion in the taxes being collected to repay the Bonds for the protection of the bondowners in case some of the property owners are delinquent in paying taxes It is important to note that the Fiscal Agent Agreement requires that the 110 coverage calculation be computed based solely on the
Roos taxes that maximum amount of Mello Willdan Financial
can
place limitations on the ability of on developed property as defined Specifically several provisions in the Fiscal 4 refer to a financial test that must be 1 6
be levied
which
be levied
on
developed property
Services
Richards Watson Fiscal Agent Agreement Further the City engaged an additional special tax consultant with no prior history to this project Goodwin Consulting Group of Sacramento to provide peer
review and advice Both fiscal consultants have concluded that any proposed shift of a portion of the annual special tax requirement from developed property to undeveloped property will fail the 110 coverage test and that this failure is due primarily to 10 increase limitation stated in Government Code Section 53321 Mello Act The fiscal consultants have d of the Roos
tax consultant to the City worked with bond counsel at Gershon to evaluate questions raised concerning compliance with the
as
special
Public
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 7
Altering
the RMA in
developed properties Tables 1 and 2 of the cannot be used for the of the RMA purposes coverage calculations because the maximum stated amounts as a practical matter cannot be levied under any circumstance when the RMA is amended to shift taxes from developed properties to undeveloped properties forward developed property must in the equal to 110 of the annual principal e the Special Tax Requirement i due to the 10 rule contained in Government Code Section 53321 However d in the worst case Mello Roos taxes on residential property including Area 1 developed property only can be increased by up to 10 of their otherwise regular levy Therefore developed properties must in the normal course be responsible for paying 100 of the Special Tax Requirement in order for a worst case scenario to allow the developed properties to produce 110 of the The fiscal consultants performed numerous calculations and Special Tax Requirement evaluated a number of potential factual considerations such as making use of a backup tax and expected future debt service reductions from settlement payments to be made by the Improvement Area No 2 developer for the benefit of Improvement Area No 1 to reach these Specifically
conclusions The attached memoranda from that Willdan each firm Financial Services and and Goodwin
to allow an RMA amendment to move
worst case be able to provide for special tax revenues and interest on bonds plus administrative expenses
Consulting
conclusions
Group explain
the
analyses
performed
their
respective
Conclusion of Financial Consultants The Fiscal includes number of constraints and bond covenants which the legally obligated to comply with The City hired two whether the 110 coverage certification required by the
a
Agent Agreement
City
analyze
an
i the Original RMA Amendment ii scenarios iii the Petitioner RMA Amendment or iv any RMA Amendment that proposes to shift a portion of the special taxes from developed property to undeveloped property Both fiscal consultant firms concluded that the Agent Agreement change
can
for
RMA
be met for
110 coverage certification cannot be met for any RMA amendment that proposes to shift a portion of the special taxes from developed property to undeveloped property Therefore the
City
must either
owners
of
majority
in
aggregate principal
proceed submitting qualified electors of Improvement Area No 1 for a vote at a special election or ii abandon the change proceedings See Government Code Section 53332 a and Sections 5 75 2 8 2 and 6 2 of the Fiscal 4 1 6 Agent Agreement
Obtaining Bondholder Consent The Fiscal
Agent Agreement does allow a change to the RMA with bondholder consent Accordingly the City must obtain the consent of the owners of a majority in aggregate principal amount of the Bonds in order to proceed with submitting the desired RMA Amendment to the qualified electors of Improvement Area No 1 for a vote at a special election
If this alternative is
desiered staff notes that the bondowner therefore must be handled by bond
consent
mailing
is
counsel to assure
subject to compliance
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 8
therewith in In
Public
addition staff and bond counsel note that the consent of the owners of a majority aggregate principal amount is typically viewed as difficult to obtain A significant factor contributing to the challenges of obtaining the required majority consent is a low response rate Similar to other elective situations where a vote is solicited but not required such as a municipal elections to approve a school bond the participation of a sufficient number of bondowners to yield the majority approval might not occur Also bondowners may see the change in the RMA with respect to undeveloped property as taking on more risk with regard to
their investment The current The the
is
slightly
majority
which
means
than 50 of
are
required amount to approve and the sold in 5 000 denominations the industry Any
bondowner consent
number takes into account the fact that bonds norm for publicly offered and traded bonds
subject to federal securities laws and therefore must be compliance therewith If the bondowner consent mailing is staff would recommend that the mailing be conducted to allow for the consideration of pursued its results at a City Council meeting in July or August 2014 This would allow time for the preparation of the consent materials the mailing of the materials and bondowners to respond Due to privacy laws governing financial records financial institutions and the identity of bondowners the mailing and tabulation would be accomplished through a corporation in New York designated for proxy votes and consent mailings under federal securities laws mailing
handled
is
by
bond counsel to
assure
If the
owners
of
majority
or
in
aggregate principal
Original
RMA Amendment
the Petitioner RMA Amendment and approve exceptions to the Fiscal Agent Agreement provisions that otherwise would require the 110 coverage certification for the Petitioner RMA Amendment the City Council can then proceed with the next steps in the
change proceeding
If the
required majority of bondowners do not provide their consent the City Council would be required at that time to abandon the public hearing due to the inability to obtain the 110 coverage certification required by the Fiscal Agent Agreement for any change to the RMA
OPTIONS To 1
summarize
the
following
are
the
options
available to the
City
coverage certification
Abandon the
required by
the Fiscal
public hearing due to the inability to obtain the 110 Agent Agreement for any change to the RMA
save CFD No 2004 3 the cost of the consent mailing and the funds could be used to call and redeem bonds at the earliest optional redemption date in September 2015 which would reduce the special tax levy by a small amount
Public
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 9
2 Continue the
Altering
the RMA in
agent
a
public hearing and direct bond counsel assisted by City staff the fiscal Services to undertake a bondowner consent mailing The cost of consent mailing is estimated at 15 000 which could be authorized by the City from paid surplus project fund monies remaining on deposit from the proceeds of
If the Council determines to proceed with this alternative staff seeks direction as to which proposed RMA amendment is desires to send to the bondowners In this regard the City Council may choose to stay with the Original RMA Amendment or move forward with the Petitioner RMA Amendment If the Council desires to move forward with the Petitioner RMA
Amendment
Exhibit A
the Resolution
staff recommends that the Council also adopt the attached resolution to amend of Consideration by replacing the Original RMA Amendment attached as with the Petitioner RMA Amendment
thereto
City Council continue the to consider the results of the bondowner consent mailing
FINANCIAL ANALYSIS At the
public hearing
to
August 20
2014
request of the petitioners the City Council has authorized the payment proceedings commenced by the Petition from the surplus amounts in the remaining Acquisition and Construction Fund which was funded by proceeds of the Bonds issued for Improvement Area No 1 If the City Council proceeds with a bondowner consent mailing those costs can also come from the Acquisition and Construction Fund Therefore there is no impact to the General Fund
of the fees for the ATTACHMENTS 1 2 3
4
5 6 7
Resolution of Consideration 3 Terra Lago Existing Rate and Method of Apportionment for CFD No 2004 Memorandum from Wilidan Financial Services regarding coverage analysis Memorandum from Goodwin Consulting Group regarding coverage analysis Scenario A RMA Amendment discussed in the coverage analysis memoranda Scenario B RMA Amendment discussed in the coverage analysis memoranda Form of Resolution to Amend Resolution No 9680 Resolution of Consideration including Petitioner RMA Amendment as Exhibit A
Resolution No 9680
Hearing to Determine Whether Improvement Area No 1 Terra sago April 16 2014 Page 10
Public
ATTACHMENT 1
RESOLUTION NO 9680
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA AS LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO 2004 3 TERRA LAGO TO CONSIDER ALTERATIONS TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR IMPROVEMENT AREA NO I SPECIAL TAXES
ACTING
WHEREAS in 2005 the City Council the City Council of the City of Indio California the City conducted proceedings in accordance with the Mello Roos Community Facilities Act of 1982 as amended commencing with Section 53311 of the California Government Code the Act for the establishment of the of Indio Facilities
District No 2004 3 Terra
City
Community
and by its Resolution No 8956 adopted May 18 2005 and in accordance with the Act designated portions of the District Improvement Area No I and Improvement Area No 2 and
on as
WHEREAS pursuant
area all
Section 53350 of the Act after the designation of an for proceedings purposes of a bond election and for the purpose of levying for payment of the bonds or for any other change pursuant to Article 3 with Section 53330 of the Act shall apply only to the respective improvement
to
WHEREAS on July 20 2005 the City Council established the District pursuant to its Resolution No 9025 the Resolution of Formation which among other things specified a rate and method of apportionment of special taxes the Original RMA for the respective special taxes to be levied on property within Improvement Area No I and Improvement Area No 2 as applicable and the same date and in accordance with the Act the City duly held an Improvement Area No I whcrebv the levy of special taxes by the District on property within Improvement Area No 1 in accordance with the applicable provisions of the Original RMA among other things was duly approved by at least two thirds of the votes cast by the qualified electors of Area No and Improvement l
on
WHEREAS
election within
on same date and in accordance with the Act the City duly held an Improvement Area No 2 whereby the levy of special taxes by the District on property within Improvement Area No 2 in accordance with the applicable provisions of the Original RIv1A among other things was duly approved by at least two thirds ofthe votes cast by the qualified electors of Improvement Area No 2 and
WHEREAS
the
election within
by the City Council that Improvement Area No 1 and Area No 2 respectively were in favor of levying the respective special taxes in accordance with the provisions of the Original RMA applicable to each such improvement area a Notice of Special fax Lien the Original Notice of Special Tax Lied was duly recorded in the Official Records of the Riverside County Recorder on July 28 2005 as Document No 2005
the
WHEREAS
requisite Improvement
and 0603064
WIIEREAS in accordance with the Act and Section 3114 5 of the California Streets and Highways Code the Original RNIA was included in the Original Notice of Special Tax Lien as Exhibit A thereto and
WHEREAS Section
the District
more
as
made
applicable
if a
to
Improvement
Area No I of
or
through
provides that
Improvement Area No I is Filed with the City Council requesting that proceedings be commenced to change the rate or method ol apportionnnent of an existing special tax for Improvement Area No I or to levy a new special tax hn Improvement Area No 1 the City Council must within 40 days of the payment of the fee determined by the City Council pursuant to paragraph b of Section 53332 adopt a resolution of consideration in the form specified by the Act and
WIIEREAS
1 of the District
on
of the
registered
residing
in
September
Original
RIv4A
4 2013 registered voters residing in Improvement Area No tiled with the City Clerk of the City a petition to amend the
WHEREAS upon receiving the petition the City Clerk worked with the County of Riverside Registrar of Voters the County Registrar of Voters to verify the Petition signatures and determine the total number of registered voters residing in Improvement Area No I of the District and
September 24 2013 the County Registrar of Voters certified that i the residing within Improvement Area No I of the District is 526 ii of the 380 signatures submitted for the Petition 239 signatures were valid signatures and 41 signatures were invalid and iii the number of valid signatures 239 exceeds 25 of the 526 total registered voters residing within Improvement Area No I of the District and
on
WHEREAS
following request pertaining to Improvement Area the Improvement Specific Requests within Improvement Area No 1 that the Original RMA be amended so that undeveloped property pays into the tax and that recalculation of the rate and method of apportionment take into account the payment of 000 From the special escrow account used to redeem special escrow term bonds 3 000 previously issued by the District for Improvement Area No land
No I of the District Area 1
WHEREAS
following
an
request
pertaining
that
the Improvement
Area 2
Specific Requests
amount to
specific
for
compensate
to
number of benefits
WHEREAS
mentioned
above
Section
states
that
after
the
designation
improvement area all proceedings for purposes of a bond election and for tine purpose of levying special taxes for payment of the bonds or Far any other change pursuant to Article 3 commencing with Section 53330 of the Act shall apply only to the respective improvement area and
an
of
WHEREAS
therefore
Section
53350
precludes
the
Petitioners
as
residents
of
Improvement Area No I and the Petition from proposing a change to the portions of the Original RMA that apply to Improvement Area No 2 and prohibits the City from considering the Improvement Area 2 Specific Requests set forth in the Petition and WHEREAS as to the Improvement Area 2 Specific Requests the City Council nonetheless has negotiated outside of the context of a change proceeding pursuant to Article 3 commencing with Section 53330 of the Act with the current owner and of all
taxable property within Improvement Area No 2 of the District the Area No 2 Developer for certain monetary payments to be made over time the Area No 2 to the
developer
by
subject to the
to
Developer
City
on
by the Improvement
levy
on
District
call
Area No
fulfillment ofcertain conditions and which payments will be and redeem outstanding Special Tax Bonds Series 2005
issued
by
the District
on
September
15
tax
redemptions
in
amount
of the
properties
special
Improvement
on
District
and
16 2014 the Finance Director of the City has caused the fee by City paragraph b of Section 53332 of the Act to be paid on behalf of the Petitioners from surplus monies remaining in the Acquisition and Construction Fund established by the Fiscal Agent Agreement dated as of September 1 2005 with respect to the Bonds as authorized and directed the Council and City by determined the
Council pursuant to
WHEREAS
January
WHEREAS as to the Improvement Area I Specific Requests the City has caused to be prepared a proposed City of Indio Community Facilities District No 2004 3 Terra Lago improvement Area No 1 Amendment to Rate and Method of Apportionment tile RMA
Amendment
reference
which is
set forth
incorporated
herein
by
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF INDIO ACTING AS LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO 2004 3 TERRA LAGO DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS
Section 1
The
name
of the
Improvement Lago
Area No I
of
City
of Indio
territory included in Improvement Area No I of the District is as improvement areas map included in the Original Notice of Special Tax Licn recorded in the Official Records of the Riverside County Recorder on July 28 2005 as Document No 2005 0603064 which map is hereby incorporated by reference
shown
on
Section I the
The
Section 3 of the
Improvement
forth in Exhibit A
Section 4 m or as soon p A
proposed to be made to the Original RMA in furtherance Specific Requests are reflected in the proposed RMA Amendment set
thereafter
public hearing the I 00 Tearing will be held by the City Council at 5 as possible on Wednesday March 19 2014 at the City of Indio City
Hall Council Chambers 150 Civic Center Mall Indio California 93201 to consider and determine whether to submit the question of altering the rate and method of apportionment of
special
tax
for
Improvement
Area No
of the District
as
described above
to
the
qualified
City
Clerk is
hereby
directed
to
publish
notice
the Notice
of the
Wring pursuant to Section 6061 of the California Government Code in a newspaper of general circulation published in Improvement Area No 1 of the District Such Notice shall be substantially in the form specified in Section 53335 of the Act completed at least 7 days prior to the date ofthe Hearing
Publication of the Notice shall be
Section 6 The City Clerk is hereby directed to send a copy of the Notice of the class mail postage prepaid to each registered voter and to each landowner Hearing by first within Improvement Area No I of the District as shown on the last equalized assessment roll Mailing of the Notice shall be completed at least 15 days prior to the Hearing
submit the
City Council determine to question altering apportionment of special tax for Improvement Area No I of the District to the qualified electors of Improvement Area No I of the District the proposed voting procedure at the election will be a vote by the registered voters residing in Improvement Area No I of the District with each registered voter having one vote held at least 90 days but not more than 180 days following the close of the Hearing Ballots for the special election may be distributed by mail with return postage prepaid or by personal fearing
of the
rate
Section 7
should the
method of
service
ADOPTED
at a
of the
District
of the
Torres
THIA HERNANDE
YCLERK T CI
City Community
AMENDMENT
The
of Indio
Lago
Improvement
TO
Area No
OF
RATE
AND
METHOD
APPORTIONMENT
City of Indio Rate and Method of Apportionment of Special Tax for Community Facilities District No 2004 3 Terra Lago attached as Exhibit A to the Notice of Special Tax recorded on July 28 2005 as document number 2005 0603064 is
amended
hereby
As it
pertains
to
Improvement
as
follows
Undeveloped Property
Special
Tax Rate
As it
pertains
to
Improvement
Area 1
Area No 1 section
1 is D
amended
as
follows
Improvement
First The
Tax shall be levied Proportionately on each Parcel of Developed up to the applicable Assigned Special Tax rate to satisfy an amount equal to of i the ratio of the number of Parcels of Developed Property to the sum of the number of Parcels of Developed Property and number of Parcels of Undeveloped Property and ii the Special Tax Requirement for Improvement Area 1 Zone A and Zone B
Special
rr
a u b
Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100 of the applicable Maximum Special Tax rate to satisfy and amount equal to the product of i the ratio of the number of Parcels of Undeveloped Property to the sum of the number of Parcels of Developed Property and number of Parcels of Undeveloped Property and ii the Special Tax Requirement for Improvement Area 1 Zone A and Zone B satisfy the Special Tax Requirement after the s Parcel of Developed completed then for each Assessor Property whose Assigned Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100 of the Backup Special Tax as needed to satisfy the Special Tax Requirement
are
Second
The
needed to
Page
1 of 1
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 11
Public
ATTACHMENT 2
Doc
0712alzms
0603084 200S
Zeta Orldel iea
pAa
PaeOrtladPle
county
el
al Pa orda Rlwuda
u lard
City of
Indio
D
Pursuant to the requirements of Section 3114 5 of the Streets and Highways Code and Section 53328 3 of the Government Code the undersigned clerk of the legislative body of the of Indio City the City State of California hereby gives notice that a lien to secure payment of special this lien
taxes
VO
dev ta
l1
is
be levied for the purpose of financing public infmstruclurn facilities and other governmental facilities with an estimated useful like of five years or longer including but not limited to surruicape landscape traffic controls storm drain water and sewer facilities other fees and dry utilities facilities other Valley Sanitary District fees and facilities other City Imperial Irrigation District fees and facilities and related costs including designs inspections professional fees connection fees and acquisition costs and for the purpose of paying principal and interest on bands issued with respect to each improvement area
arc
authorized
hereby imposed by
to
the
City
Council of the
City
The
special
taxes secured
by
The special taxes are authorized to be levied within the improvement areas of the city of 3 Community Facilities District No 2004 Terra Lego the District which has now been officially fanned and the lien of the special taxes arc acontinuing lien which shell secure each annual levy of the special taxes and which shall continue in force and effect until the special taxes cease to be levied and a notice of cessation of mcordcd in accordance with special taxes is Section 53330 5 of the Government Code Indio
and method of apportionment and manner of collection of authorized special area is as set forth in ExhibiiA attached Imtcm And herebymdde a hercof Conditions under which the obligation to pay the special fazes may be prepaid and part
tax for each
The rate
improvement
satisficd pemsanenlly
attached hereto
special
taxes
canceled
are
as
set
forth in Exhibit A
Notice is further given that upon the recording of this notice in the office of the county recorder the obligation to pay the special tax levies shall become a lien upon all nonexempt real property within the respective improvement areas of the District in accordance with Section 5 3115 of the Streets and The of the
Highways
Code
name
s and the assessor owner s tax parcel s number of the real property
areas
respective improvement
not
special
hereto
1101 961
to
the
boundary
at
Book 62 of
Community Facilities Districts at Page Ng in the office of the County Recorder for the County of Riverside California which map is now and final boundary map ufthe District For further information concerning the
owners
or
Maps
of
current
and estimated
tax
future
tax
liability
of
lien interested persons should contact the Finance Director of the City of Indio 100 Civic Center Mall Indio California 92201 6560 760 342
purchasers
of real property
subject
to
this
special
Datcd
2S
Y CLERK OF THE CITY OF I
436311191
STATE OF CALIPORNIA
as
COUNTY OF RIVERSIDE
On
name
y Ti
o
and title
to me
1 b he person whose that she executed the same acknowledged in her authorized capacity and that by her signature on the instrument the person or the entity upon which the person acted executed the instrument
name
known
61i
pW4
here insert
personally
to me
is subscribed
Signature
SEAL
4563S5391
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
legislative body of the CFD by applying the appropriate Special Tax for Developed Property Undeveloped Property and Public property and or s Owner Property Association Property that is not Exempt Property as set forth in Sections R C and D below All of the real property within the CFD unless exempted by law or by die provisions hereof in Section E shall he taxed for the
to
Special Tax all capitalized tcm arc defined in Section A Definitions below shall be applicable to cacti Parcel of Taxable Property located within the boundaries of Community Facilities District No 2004 3 TERRA LA 30 The amnunt of Special Tax to be levied in each Improvement Area in each Fiscal Year commencing in Fiscal Year 2005 2006 on a Parcel shall be detcrmined the by City Council of The City of Indio acting in its capacity as the
the
extent
and in the
manner
herein
provided
purposes
DEFINITIONS
The
terms
hereinafter
set
meanings
Acre or shown
Acreage means
or
Parcel Map
on
if the land
the
applicable
instrument
ALI means the 5 Part I of 2 California
the acreage of a Parcel as indicated on the most recent Assessor s area is not shown on the Asirmor s Parcel Map die land arcu Final parcel Map map condominium plan or other similar
Mello Roos Community Facilities Act of 1982 as amended being Chapter Division 2 of Title 5 of the Califomin Government Code of the State of
Administrative Expenses
the District that its
are
means or
all actual
to
or
applicable improvement Arm to carry out duties as the administrator of the CFD as allowed by the Act which shall include without limitation all costs and expenses out of arising or resulting from the annual levy and collection of the Special Tax trustee fees rebate compliance calculation fees and legal issues or actual potential or threatened litigation involving the CFD continuing disclosure undertakings of the District as imposed by applicable laws and regulations communication with bondholders and normal administrative expenses
Administrator
means
an
chargeable
allocable
reasonably
estimated
costs
the
and expenses of
official of the
determining
the
levy
and
District
or
for
s Parcel Map means an official Assessar map of the Assessor of the County of Riverside designating parcels by Assessor s Parcel number
Assigned Special Tax means the Special Tax for each land Use Category Property as determined in accordance with section C 1a below
City
Mia
No 3 20x01
of
Developed
rema
ago t
means
the
Special Tax
of
dtat
name
Improvement Improvement
any bonds or other indebtedness as defined in the Act issued by an Area of the CFD and secured by the lose of Special Taxes within such Area
Boundary Map
20043 identified CFD
means a
on
territory
area
within the
boundaries of CFD
means
County means
Developed Property means all Parcels of Taxable Property not classified as Undeveloped or Property Owner Property Public Property and s Association Property that am not Exempt Property pursuant to the provisions of Section E below i that art included in a Final Map that was recorded prior to In January preceding the Fiscal Year in which the Special Tax is being levied and it a building permit for new construction has been issued prior to April In preceding the Fiscal Year in which the Special Tax is being levied Exempt Property
Section E below
means
any
Parcel
Special
Taxes pursuant
to
means
adjustment
el
pursuant
or
subdivision of property by recordation of a final map parcel map or to the Subdivision Map Act California Government Code recordation of
a
req
condominium
creates
subdivision
means
Fiscal Year
the
period starting
on
July
I and
ending
on
the
following
0
or
June 30
means Improvement Areaf f Improvement Area 1 Zone A or Zone Area 2Zone A orZone B as geographically identified on EXHIBIT B
Improvement
Improvement Area 1 Zone A means Improvement Area 1 Zone A of the CFD Improvement Area 1 Zone B means Improvement Area 1 Zone 0 of tire CrE Improvement Area 2 Zone A means Improvement Area 2 Zone A of the CFD Improvement Area 2 Zone B means Improvement Area 2Zone B of the CFD
City of Indio CommaNty Faelt ncs District
otu3Term fagot Nn
the
specific
area
identified
on
EXHIBIT B
as
the
specific
area
identified
on
EXHIBIT B
as
the
specific
area
identified
on
EXHIBIT B
as
the
specific
area
identified
on
EXHIBIT B
as
laly 26
2M5
c
FvB
YsT
A
b
YY1
iq G
fYS
1
ek y
P
Y ne t t
SY
I p
4so
F
n
P1
g
A
YY
k
h
4i R s 211
Pi
s
r
9
va
8
tai
I I x r
Fq
b i9 4
Geq
rT
a
4
Yx
44
e C
YY
a
VY
nGy
a 8 d
i4s
a
v
Yak
es
Y
a
5
OVA
r
rS
ftTt aYTT 3t
bbb
RN
Yg
iPaY
t
d
iY
gpY
P
11
lz
Indenture
or
means
other
instrument
supplemented
Land
indenture fiscal agent agreement pursuant to which Bonds me issued as from line to time and any instrument replacing or
the bond
supplementing
the
sour
htuximum
Special Tax
can
means
the maximum
Section C which
be
Special
Tax
on anv
Parcel
Multifamily Residential Properly means any Parcel of Developed Property that consists of a building or buildings comprised of attached residential units available for rental by the general public or for sale to an end user and may be under common
management
Nan dial Property means all Parcels of Reside Developed Property for which permit was issued for any type of nun residential use
means s Parcel
a
building
lot
or
parcel shown
on
all
s Assessor Parcel
Special
Tax is
being
Special
hlap
with
an
assigned
Property Owner s
CFD which
Tax is
at
Association
being levied has been conveyed dedicated to or irrevocably owner association including any muster or sub association
Property means any Parcel within the boundary Special Tax is enrolled for tire Fiscal Year for which the
dedicated
to
a
of the
Special
property
for if Developed Properly fiat the ratio of the actual Special Tax levy to the Assigned Special Tart is the same for all Parcels of Developed Property and Undeveloped Property Public Properly and orProperly Owner s Association Properly that is not Exempt Property pursuant to Section E that the ratio of the actual Special Tax levy per acreto the Maximum Special Tax per auto is the same for all such Parcels
means
Proportionately
means any Parcel within he boundary of die CFD which at the time the Tax is enrolled for the Fiscal Year for which the Special Tax is being levied is used or any other purpose and is owned dedicated by to or irrevocably offered for dedication to the Federal Government the State of Califamia the County City or any other local jurisdiction provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340 1 of the Acs shall be taxed and classified according to its use
Public Properly
Special
for
way of rights
means all of the square footage of living area of a residential any carport walkway garage overhang patio enclosed patio or similar area on a Parcel The determination of Residential Floor Area shall be made by reference to the building permit s for the Parcel orsimilar official document means selected by the Administrator Once such demrmina ino has been made for a Parcel it shall remain fixed in all future Fiscal Years
including
Property
means
all
building
3
Na OOa 3
ena La p0j fI
duly
ge 76 Pape
one or more
residential
dwelling
units
Single Family Properly means all parcels of Residential Property other than Muhlfamily Residential Properly for which building pennies have been issued for detached or attached
residential units
i
means
the
special
tax
on
each Parcel of
Special Tax Requirement s means that amount required in any Fiscal Special Tax Requirement for Improvement Area 1 Lone A or Zone B or Requirement for Improvement Area 2 Zone A orZone B Special
Tax Fiscal Year within
Year for
to
Special
I
to
means
that
amount
required
in any
on
outstanding Bonds
periodic
costs on on
pay
payments
Special Tax delinquency in the prior Fiscal Year and v any or replenish any rescrve funds for the outstanding Bonds less vi a credit for funds available in reduce the annual Tax as Special determined pursuant levy to the
to amounts
in such Fiscal Ycar ii Bonds including but not limited m credit enhancement and rebate the Bonds iii Administrative Expenses iv an amount equal to any the
to
all
commences
required
establish
Indenture
Special Tax Requirement fur Improvement Area 2 means that amount required in any Fiscal Year within improvement Area 2 of the CFO to pay i annual debt service on all Bonds due in the calendar outstanding year which commences in such Fiscal Year ii periodic casts on the Bonds including but not limited to credit enhancement and rebate payments on the Bonds iii Administrative Expenses iv an amount equal to any anticipated shortfall due to Special Tax delinquency in the prior Fiscal Year and v any amounts to establish or required replenish any reserve funds for the outstanding Bonds less vi a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture
Taxable Property means all Parcels in an Improvement Area which have not prepaid pursuant to Section H orare not excmgd fmtn the Special Tax pursuant to law or Section F below
Undeveloped Property means all Taxable Property not classified as Developed Property Public Property and or Property Owner s Association Property that is not Exempt Property pursuant to the provisions of Section E
City of
Irain
July 26
2005
4
Page
Year commencing with the 2005 2W6 Fiscal Year all Pacccls of Taxable within the CFD shall be categorized ima the applicable bnprovcmant Area and classified as either Developed Propeny Undeveloped Property Public Property and or sAssociation Propenv Owncr y that is nut Exempt Property pursuanr to die Prof provisions in Section E and shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C and D below
Each Fiscal
Property
Parcels of
Developed Property
or
as
Residential Propeny
Residential
Family Propeny
further C
categorized
based
A Parcel of Residential
Property
or
Non
as
Sit
glc
be
shall
Developed Property
each Parcel of Special Single Family Property within its applicable Improvement Area shall be the applicable Assigned Special Tax described in Table 1 2 3 or 4 The The Maximum Tax for
Tax
of
Assigned Special
of
Developed Propeny
within its
Chy
Communnity
orAl
cs Facili
Disvia
Nn
3 2004 oa fagoi p
I ry 2s 2W5
N5
Assigned Special
P i4f
A tJ
7aRa
Y
Leas then 1 501 SF 1 5 01 SF
to
single Famil y
Si Sip
c
ylU jJ a
51 87 828 33 028 52 22 228 52 52 83 467 547 2 70
98 603 52 33 681 52 832 2 63 19 908 52
DU DU DU DU DU
Famfl
Ro P
y
625 SF 1
eFamR
n
r
626 SF 1o 1 1 750 SF
I751 SF 1 901 SF 951 5E 1
to
Sinle Famil
900 SF 1
Single Famil y
Sfn le FamO Sin eFamil
9505F IO1
m
Prop erty
Prop ers
n
DU DU DU DU DU
2100 SF SF
1015E 1o 3 1 2
151 SF 2 2 51 SF
to to to to to to
Single
Family
Pro Famil Pro Pm Pro Pro
230 SF 2
SIn Ie Famil
Single
300 SF 2
400 SF 2 500 SF 2 350 SF 2
301 Sle 2
401 SF 2 301 SF 2 551 SF 2
le Famil
a a
DU DU
n n
n
Famll Fall
DU DU DU Acre
n
600 SF 2
Single Family
Sin Ie Famil Multi Famil
57 056 54
00 460 520
00 460 20
On each July I rnmmenCing on July 1 20D7 for a period of five 5 year until July I 2012 the Assigned Special Tax shall be increased by one percent 1 00 of dl
amount
in effect in Iha
prior Fiscal
Year
Coy of Indio
Cammunay Faeilllks District
No
TABLE 2
for
Property
within
On each
July
I 2012 the
amount
in effect in the
July 1 commencing on July 1 2007 for a period of five 3 years until Assigned Special TAX shall be increased by one perm 100 of die
prior Fiscal Year
TABLE 7
within
On each
July I commencing on July I 2007 for a period of five S yem until July I 2012 the Assigned Special Tux shall be inaeased by one percent LOOP of the amount in tffect in the prior Fiscal Year
City
or Imio
AR
On each July I commencing an July I 2007 for a period of five 5 years unlit July L 2012 the Assigned Specal Tax shall be increased by one Pereent 100 of the amount in effect in the Prior Piscat Year
Undeveloped Property
The
Improvement
Maalmum Special Tax for each Parcel of Undeveloped Property within each Area is shown in Table 5 below
TABLE
Tax Rate
Unlevelo
xb U 3 Wped
On each
Am W
Pre
Wer
r6 t3n
00
Vi
Acre
523 00 303
2007 for
shall be
Public yanrVor Property Owner Pm s A3wdulion Property Property Purl nl to the provisions of section E The
that is not
Exempt
Maximum Special Tax for each Parcel of Public and property or property Owners
Nu
City of Indio
3 3pu rrna
Laanl
My 26 20M Ihte
9
Exempt Properly purmmni to the provisions of Section E Improve Arca shall be the applicahlc Undeveloped Property Maximum Tax rate Special per Acre in Table S
not
Association
Property
that is
within each
THODOF NIF
Commencing with Fiscal Year 2005 2006 and for each following Fiscal Year the Council shall levy die Special Tax on all Tnxablc Properly in each Inprovemet Arca until the amount of Special Taxes equals the applicable Special Tax Requirement for each Improvement Arco in accordance with the following
steps
I
Improvement
Area i
on
each
applicable Assigned Special Tax rate as Improvement Area 1 Zone A and Zone B
If additional
needed
at
up
to
IO0
satisfy
the
Special
Tax
Requirement
moneys are needed to satisfy the Special Tax Requirement for 1 Zone A and Zone B after the Bast step bas been completed the Special Tax shall he levied Proportionately on each Parcel of Undeveloped within Improvement Area 1 Zone A and Zone B at up to 100 of the Maximum Property Tax for
Second
Improvement Area
Undeveloped Property
Special
Third Ifadditional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed then for each Assessor s Parcel of Developed Property whom Assigned Special Tax is the Backup Special Tax shall be increased frtsm the Assigned Special Tax up to 100 of the Backup Special Tax as needed to satisfy the Tax
Proportionately
Special
Requirement
2 Improvement Area 2 The Special Tax shall be levied on each Parcel of Developed Property at up to 100 applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement for Improvement Area 2 Zone A and Zone B
c
Fir
of the
Secon
If
step has been completed the Special levied Proportionately on each Parcel of Undeveloped Property within Improvement Area 2 Zone A and Zone 13 at up to 100 xof the Maximum Tax for
Tax shall be
Improvement
additional moneys
are needed to satisfy Arco 2 Zone A and Zone B after the first
Undeveloped Property
Special
j 1d Ifadditional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed then for each Assessor s Parcel of
whose
Assigned Special
Tax
Tax is du
to
Special
Requirement
Developed Property Backup Special Tax shall be increased Proportionately 10070 of the Tax Backup Special as needed m satisfy
Dltrio Nn
3 2004 It Up
y 16 2005 My
fagr 9
under no circumstances wilt ITC Special Taxes levied against any Residential Propenv within air Improvement Area he increased by more than ten percent 10 per Fiscal Year as a consequence of delinquency or default by the owner of other Parcel within an any Improvement Ama of Tire CFD Parcel of E BACKUP SPECIAL TAXES Each Fiscal
Nmwidrsmnding
the above
Year each Assessor s Parcel of Developed property classified a Residential subject to a Backup Special Tax In each Fiscal Ycar the Backup Special fax rate for Developed Property classified as Residential Property within a Final Map shall be the rate per Lm calculated according to the following formula
Property
shall be
following meanings
Fiscal Year
Backup Special
Maximum
Property
A
for the
Special Tux rate per Acre for Undeveloped applicable Fiscal Year
classified
arm he
classified
as
Residential
are
classified
or to
be classified
as
Residential Property
Developed Property classified or to be classified as Residential Pmperty such Final Map Area that is changed or modified shall be a ram per square foot of calculated as follows Acreage
I
Notwithstanding the foregoing ifall any portion of the Final Map sdescribed it dte Preceding Paragraph is subsequently changed modified then to Backup Special Tax
ar or
s Assessor Parcel of
for each in
Final 2
to
Maps
the
changed
or
modified
I above shall be divided by the Acreage of Developed Property classified as Residential Property which is ultimately expected to exist in such changed or modified Final Map Amu as reasonably determined the classified
or
The result of
paragraph
be
to
by
City
The result of
paragraph 560 The result is the by 43 Backup Special Tax per square foot of Acreage which shall be applicable to Assessor s Parcels of classified Developed Property as Residential Property in such changed or modified Final Map Area for all mmaining Fiscal Years in which the Special Tax may be levied
EXEMPTIONS
DIsout N 413
1rrra Laaal
July 26 2N6 ap to 1
levy Special Taxes on Public Property Property Owner s Association Property within each Improvement Area or Riverside County Assessor Parcel Numbers 601 024 and 018 150 270 located within 60 Improvement Area 2 of the CFD Exempt Property status will be assigned by the Administrator in the chronological older in which progeny becomes Public Property Property Owner Association Property or Golf Course Property Property
or
not
Gulf Course
The
Special
valorem
property
and shall he
IL
APPEALS
Any
written
appeal
of the
Special
ax l
on
Administrator
shall grant a credit to eliminate or reduce future Special Taxes s Parecgsf No refunds of previously paid Special Taxes shall be made appellant The Administrator shall
to
Special Taxes Special Taxes previously levied must be paid on orbefore the payment date established when the levy was made The appeal must specify the reasons why the appellant claims the Special Tax is in error The Administrator shall review the appeal meet with the appellant if the Administrator deems necessary and advise the If the Administrator appellant of its determination agrees with tits appellant the During pendency
an
current
in hislher payments of
appeal
all
on
lite
interpret
this Rate
and
Method
of
determinations relative
taxpayer who 1
the nomad
Apportionment
and
make
appeals
as
herein
specified
AX 1 PREPAVMENTOFSPECIAL
The
this Section H
Outstanding Bonds means all previously issued bonds issued anti secured by the levy of Special Taxes which will remain outstanding after the first interest and or principal payment date following the current Fiscal Year excluding bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes
1
Prepayment
in Full
The
Maximum Special Tax obligation may only be prepaid and permanently satisfied by a Parcel of Developed Property and or Undeveloped Property for which a building permit has been issued and public Property and or s Association that is not Property Owner
Exempt Prolxrty
pursuant
to
Special
Tax
to
2065 1 I
prepayment may be made only if delinquent Special itsuch Parcel at the time of prepayment An owner of a Parcel intending to prepay the Maximum Special Tax obligation shall provide the Administrator with written notice of intent to prepay and within 5 business clays of receipt of such notice the Administrator shall notify such owner of the amount of the refundable deposit determined to non cover the cost m be incurred by the CFD in calculating the proper amount of a prepayment Within 15 of such non days of refundable deposit the Administrator shall notify such owner of the receipt prepayment amount of such Parcel must be Prepayment made out less than fill days prior to any redemption date for any Bonds to be redeemed with lie pmcceds of such prepaid Special Taxes
a
such Parcel may be fully prepaid and the permanently satisfied as described
are no
obligation
of the
Parcel
to
pay the
there
Special
Tax
The
Amount
as
defined
be
calculated
as
summarized
below
Bond
equals
PFCP2ymcflt
Amount
proposed date of prepayment the Prepayment Amount defined below shall be as follows
Confirm that
no
Special
Tax
delinquencies apply
to
such Parcel
For Parcels of Developed Property compute the Maximum Special Tax for the Parcel to be prepaid For Parcels of Undeveloped Property to be prepaid compute the Maximum Special Tax for that Parcel as it was
Developed Propeny
for that
Parcel
to
Property
3
be
prepaid
though already designated as permit which has already been issued Property an for Property Owner s Association the Maximum Special Tax for that Parcel
to
Divide the
Special Taxes based on the Developed which could be charged less any Parcels which have been
4
estimated Maximum
total Tax
Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to amount of Outstanding Bands to be retired and prepaid the frond Redemption Amount
compul the
Multiply the Bond Redemption Amount computed pursuant applicable redemption premium if any on the Outstanding the Redemption Pronoun Compute
the
amount
to
paragraph
to
by
the
Bonds
be redeemed
G of
Indio
needed
to
pay interest
on
the Bond
Redemption
Amount from
Lagu
the first band interest and ur until the earliest 7 Determine the have 8
not
redemption
iowing the fo
Bonds
current
Fiscal Year
Outstanding
Special
paid
Taxes levied
current
Fiscal
yet been
Year which
the amount the Administrator reasonably expects to daive Gnu the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment
Compute
Add the
amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 the DrfeasanreAmotmi
10
the administrative fees and expenses including the costs of computation of the costs to invest the prepayment procaMs the costs of redeeming the Outstanding Bonds and the costs of recording any notices to evidence the prepayment and the redemption the Administrative Feer and Expenses
Verify
prepayment the
11
The
reserve fund credit the Reserve Fund Credit shall equal the lesser of a Ole expected reduction in the mserve requirement as defined in the Indenture if any
prepayment b the amount derived by subtracting the new reserve requirement as defined in the Indenture in effect after die redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date but in no
event
redemption
of
Outstanding
Bonds
as
result of file
shall such
amount
be less than
zero
12
paragraph
13
II
Special Tax prepayment is equal paragraphs 4 5 9 and 10 less the Prepayment Amount
to
the
sum
of the
amounts
the
computed
to
amount
computed
pursuant
From the Prepayment Amount the amounts computed pursuant to paragraphs 4 5 9 and I I shall be deposited into the appropriate fund as established under the indenture and be used to retire Bonds or make debt service Outstanding payments The amount computed pursuant to paragraph 10 shall be retained by the CFD
The
Prepayment
Bonds
retained
Amount may be sufficient to redeem otter than the increment above 5 000 or fund established under
000 increment of 5
appropriate
integral multiple
to
the Indenture
prepayment
As
a
of bonds or to make
payment of Ilse current Fiscal Year s Special Tax levy as determined under paragraph 7 above the Administrator shall remove the current Fiscal Year s Special Tax levy for such Parcel from the County tax rolls With respect to any Parcel that is prepaid the Board shall cause a suitable notice to be recorded in compliance with the Act to indicate the prepayment of Special Taxes and the release of tire Special Tax lien on such Parcel and the obligation of such Parcel to pay the Special Tax shall cease
result of die
Coy ar Italic
Comm eay Facilities Doom
No
July
26 2005
Page
13
no Special Tax prepayment shall be allowed less Ilse of Maximum Special Taxes that may be levied on Taxable Property both prior to and after the proposed prepayment is at leasi I times the maximum annual debt service on all
amount
Outstanding Bonds
prepayment of Maximum Special Taxes may be accepted upon the established by the Board putsuant to the Act However the use of only be allowed on a cas basis ease y as the specifically approved
by
2 The
Prepayment
it
Purl
Maximum Special Tax on a Parcel of Developed Property or Undeveloped Property for a building permit has been issued may be partially prepaid in increments of 2 000 The amount of the prepayment shall be calculated as in Section If I1 except list a partial shall be prepayment calculated according to the formula
which
following
PaxF PP
These
PP
terms
the the
partial prepayment
Prepayment Amount calculated according to Seaton H I F the percent by which the owner of the sis partially prepaying Parcel Maximum Special Tax
The the
Pe
the
the proper amount of a partial prepayment Within 15 business days of receipt of nomrcfundable deposit the Administrator shall notify such owner of the partial prepayment amount of such Parcel Partial prepayment must he made not less than 60 days prior to any redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes such With respect to ally Parcel that is funds remitted to it to
owner of a Parcel who desires to partially prepay dte Maximum Special Tax shall notify Administrator of i such owner s intent to partially prppay the Maximum Special Tax ii the amount of partial prepayment expressed in increments of SUM and iii the company or agency that will be acting as the escrow agent if applicable and within 5 of such days of the receipt notice Administrator shall notify such property owner of the amount of the nomrcfundable deposit dcrermined to cover the cost to be incurred the
calculating
by
CPU in
partially prepaid the Administrator shall i the according Paragraph 13 of Section H 1 and it indicate in th records the CFD that there has barn a partjai prepayment of the Maximum Special Tax and Ihat a portion of the Maximum Special Tax equal to the outstanding percentage 1 00 F of the remaining Maximum Special Tax shall continue to be authorized to be levied on such Parcel pursuant to Section D
of
distreibme
City
agat i
outstanding the Special Tax shall he Icvied on all parcels delinquent Special Taxes remain uncollected prior to or after all Bonds are retired the Special Tax may be levied to tic extent necessary to reimburse the CFD for uncollected Special Taxes associated with the levy of such not later than Special Taxes but the Fiscal Year subject
to
For each
year
are
the
Special
Tax
Ifany
City cf halk
Ci Mort
fiy Fsilines
Disuict Nn
IT 3 20to
Liao
laly
26 2olts
Page
15
EXHIBIT 8
Indio Land Ventures Indio Land Ventures Indio Land Ventures Indio Land
Ventures
Indio Land
IIULennar
Corp
Partnership
Hearing to Determine Whether Improvement Area No 1 Terra Lago April 16 2014 Page 12
Public
Altering
the RMA in
ATTACHMENT3
WILLDAN
Financial Services
Memorandum
To Diana
Chuang
Gershon
From Susana
Stacee
Reynolds
Senior
Project Manager
Project Manager
April 9
2014
Lago Improvement
City
Willdan
to assist in the
Apportionment
of the
Special
Tax
RMA
for
Community
Facilities District
on a
No 2004 3 Terra
Lago Improvement
reduction to the
Special whereby
to pay
means
Requirement
on
that amount
required
iannual
debt service
all
outstanding
periodic
commences
costs
iv
an
equal
to any
anticipated
amounts less vi
delinquency
required
replenish any
reserve
outstanding bonds
special
tax
levy
Willdan
prepared
on
an
was
brought forth
City
Council
February 5 2014
provided
Requirement
to be
levied 1 upon
as
Developed Property
and
Developed Property
2 upon
as
Undeveloped
Property
in
proportion
to
the
Undeveloped Property
upon
levy
Developed Property
by approximately
on
Special Tax
to be levied
Undeveloped
Parcels at
WILLDAN
Financial Services
Upon 4 1 6
Sections 5 7 and 2
Developed
Parcels to
Undeveloped
Parcels would
not be
following
The District determines it to be necessary in order to preserve the security for the Bonds to covenant and to the maximum extent that the law permits it to do so the District
hereby
proceedings
to reduce
the maximum
Special
certificate from
one
or more on
Independent Financial
the basis of the parcels
existing
in the District
as
of the
July
preceding
on
the then of
reduction the maximum amount of the Special Tax which may be levied
existing
Developed Property
of
as
defined
in
the
Rate
and
Method
Apportionment
for any Bonds
Special
District
Outstanding
sum
the estimated
on
all Bonds
Outstanding
hereby
rinds that any reduction made under such conditions will not interests of the Owners ofthe Bonds
adversely
affect the
Agent Agreement
Special
Tax
as
service coverage at the time of bond issuance the stricter analysis contained in the Fiscal
Agent Agreement
an
for any modification proposed to the RMA after bond issuance financial consultant to
requires
levied in
independent
certify
can
be
Government Code Section d 53321 stating that the maximum amount that
be levied
WILLDAN
Financial Services
on
any property
as a
result of delinquencies is 10
more
following
In the
case
of any special tax to pay for public facilities and to be levied against
specify against
special
parcel subject
or
consequence of
or
delinquency
default
by
parcels
by
more
or
are
the
only components
of the
Special
Tax
Requirement
on
delinquencies
Special
levy
plus
under Government Code Section 53321 d is equal to 10 debt service plus administrative expenses This
on means
than that
or
110 of
levy
or
plus
under the
Agent Agreement
for
an
RMA
change
without
bondowner consent
special
tax by
more
any property
as
result of delinquencies
on
property and
In connection with any
the
Fiscal
Agent
Agreement requires
ability
to
levy
Developed Property
repaid
WILLDAN
Financial Services As of Fiscal Year 2013 14 the actual
levy
on
is equal to 100 of
debt service plus administrative expenses the hypothetical have been made to shift
Various
some
equally
effective in
Undeveloped Property
even a
any shift
Property
discussed covenant of the Fiscal Agent Agreement Say the levy is 99 previously
Developed Property
can
and 1 on
Undeveloped Property
be levied
on
dis 10 53321
only
required
In terms
on
of dollars let s
the total
levy
in
on
one
Developed Property
10 of the total amount that
and 1
is levied
delinquencies
are
levy then
be levied
can
Developed Property
is 99
plus
90 108
However
Developed Property
Special
Tax
the
expenses
After
evaluating
upon
Developed
Tax
Undeveloped
Parcels
are
levied
portion
of the
Special
Requirement Willdan has concluded that shifting any amount of the Special Tax Requirement from Developed Property to Undeveloped Property constitutes
of the maximum amount that may be levied upon Developed
a
reduction
Property
to
an
amount less
than 110 of annual debt service and administrative expenses and make the certification
as
such cannot
required
under Section
7 2 5
Agent Agreement
Furthermore
Willdan has
evaluated scenarios
whereby
percentage derived by
on
dividing
Tables
Special
Tax of
the
figures
in
of the RMA
by the Special
than
Percentage
coverage The
on
is increased to the
more
110 in order to
requirement
Agent Agreement
Coverage Percentage
is increased
by 1 reducing
increasing
the
Special
the stated
Maximum
Special
Tax of of
a
an
use
IWWILLDAN
backup
tax
Financial Services
it
should be noted that although the current RMA discusses the backup tax
use
of it Thus
an
the
backup tax
which would increase the stated Maximum Special Tax the Maximum
of Developed
Property by defining
or
Special
Tax as
being
the
greater
of the
Special
Tax
being
the
However such
Coverage Percentage
cannot be used
as a
requirement outlined in Section 5 7 of the Fiscal Agent Agreement is met The stated 2
Maximum based
on
Special
the
Tax of
figures provided
having
ability
to levy at
by
Special
Tax
Requirement
7 of the Fiscal Agent Agreement refers to the maximum amount that may be levied 2 5
on
Developed Property
as
being
and administrative
expenses
or
Thus Coverage
Percentages greater
would still be
Developed Property
do not change
Developed Property
required
Special Property
Tax
or
Requirement
or
effect
on
Undeveloped
requirements
points
above
amendment to the
Undeveloped
Property
pay
portion
of the
Special
Tax
Requirement
the reduction of the maximum amount that to less than 110 of debt service and
Developed Property
administrative expenses without bondowner consent it is s Willdan recommendation to either 1 abandon further
proceedings
reduction of
2 seek bondowner
proposed RMA amendment that would reduce the Special Tax upon
and allow Undeveloped
Developed Property
annual Special Tax
Property
to be allocated
portion of the
Requirement
Public
No 1
Terra Lago
ATTACHMENT 4
GCG
GOODWIN CONSULTING GROUP
MEMORANDUM
A1014
To
Diana K
Chuang
Re
City
of Indio Resolution of Consideration for Community Facilities District No 2004 3 the CFD Goodwin Consulting Group GCG has been asked to review various CFD documents and related analyses conducted by Willdan to determine whether a certification could be made regarding bond debt service and administrative expense coverage for the CIA file in the certification was tested separately for three proposed amendments to the
With
regard
to the
City
Apportionment of Special Tax for Community Facilities District No 3 2004 Terra I ago the RMA The proposed RMA amendments are identified as Scenarios IA and B and generally differ from each other based on the allocation methodology for the CFD tax levy for properties in Improvement Area I of the CFD In addition the certification debt service for the requirement for the three scenarios was tested based on I the current 605 in CFD bonds will be 1 outstanding CFD bonds 2 a revised debt service assuming 000 17 and 3 assuming revised language is incorporated in the called prior to fiscal year 2016 for Scenario I so that the Backup Special Tax can be applied as necessary As amended RMA shown in this memo capitalized terms will have the same meaning as found in the current RMA
sRate and Method of CFD
requirement
s RMA and the separate amendments to D As part of this work effort we have reviewed the CI the RMA for Scenarios I A and B In addition we have reviewed the relevant sections of the for the CI D fax Bonds Series 2005 the Fiscal Agent fiscal agent agreement
Special
Agreement and
tax s Willdan
levy analyses
language
the to be necessary in order to preserve the security for Bonds to covenant and to the maximum extent that the law permits it to do so the District does covenant that it shall not initiate proceedings to reduce the maximum
hereby Special
Tax rates for the District unless in connection therewith certificate from
one or more
the i
District receives
Independent
Financial Consultants
H5 4 v C
E
f Sfi2
rj
CYp
April 4
2014
Page 2 ofs
together certify that on the basis of the parcels of land and improvements existing in the District as of the July I preceding the reduction the maximum amount of the Special Tax which may be levied on then existing Developed Property as defined in the Rate and Method of Apportionment of
or any Bonds Special Taxes then in effect in the District in each Bond Year I Outstanding will equal at least 110 of the sum on the estimated Administrative Expenses and gross debt service in that Bond Year on all Bonds to remain
Outstanding
approved
hereby
finds that
any reduction made under such conditions will not the Owners of the Bonds
adversely
the certification
requirement
our
review of the maximum CFD taxes that could be levied RMAs in for Scenarios
amended
I A and B
of the Fiscal
we
have concluded
Section
Agent Agreement
as
cannot
or
whether
part of the
tax allocation
methodology
in the
We have also concluded that any amendment to the RMA that would shift the actual tax levy from Developed Property to Undeveloped Property would preclude Developed Property from taxed up to 110 of the debt service plus administrative expenses due to the tax limitation in Government Code Section 53321 d states among other d Government Code Section 53321
being
things that residential property shall not be taxed by more than 10 as a consequence of tax delinquencies above the amount it otherwise would in that fiscal year if there had not been lax delinquencies or defaults As a result of this provision Developed Property would need to be
taxed the full amount e i100 of the bond debt service and administrative expenses to meet the 110 7 of the Fiscal Agent Agreement 2 requirement in Section 5
example if an amendment to the RMA were to shift only 51Y of the tax levy from of Developed Property to Undeveloped Property then Developed Property would be levied 95 the debt service plus administrative expenses If there were enough delinquencies then at most Developed Property could be taxed an additional 109N0 which would amount to a maximum of
an
As
5 104 95
5 9
Therefore it is
Agreement
our
opinion
cannot a
be made for any of the three scenarios portion of the actual tax levy From
that the certification pursuant to Section 5 7 of tile Fiscal Agent 2 as well as any amendment to the RMA
Developed Property
are
to
Undeveloped
Property
Details ofour
analysis
described below
April
4 2014
Page 3 nj5
Scenarios 1 A B Assuming Current Bond Debt Service As of July I 2013 523 parcels in Improvement Area I
of the CIA
were
categorized
as
to
Willdan have
rates
total
I and 2 of the RMA Willdan for fiscal year 2014 15 will be 227 587 and includes 1 549 for bond debt service and 38 1 227 000 for administrative expenses therefore the Maximum Special Tax that may be levied on all Developed Property under the current RMA is 107 of the estimated fiscal I5bond debt service and administrative year 2014 expenses Also since the amendments to the RMA for Scenarios 1 A and B do not the Maximum estimates the
the
Assigned Special
shown
in fables
Special
current
change Developed Property land use categories from those in the Maximum Special Taxes for Developed Property under the three
the
current
bond
debt service schedule and theretore the certification cannot be made for them
City has entered into a settlement agreement with the developer of Phase 11 of the Terra Lago development that requires him to provide 189 143 to the City by August 1 2015 file 1 City intends to use this money along with 000 450 from surplus construction fund money to
call 000 605 in CPD bonds before the start of fiscal year 2016 1 17 which will reduce the annual bond debt service for all future s selection of the CPD bonds to years Based on Willdan be called and the resulting revised debt service the total Maximum Special Tax levy for parcels of Developed 696 is 110 or more of the annual bond debt service plus the 1 Property 193 administrative expenses for all remaining years starting in fiscal year 2016 17 However while from a technical standpoint the 110 is test met from a the CPD coverage will be unable to
amended RMA
Scenario 1
fax
on
parcels
of
as
described below
proposed RMA amendment revises the allocation of the Special Tax Requirement the STR based on the ratio of parcels of Developed Property and Undeveloped Property to the total taxable parcels in the CPD In the first step of the tax allocation Developed 2 of the STR since the 523 Property is allocated 82 parcels of Developed Property represent 2x of the 636 total taxable 82 parcels in Improvement Area I of the CT In step 2 of the tax allocation the remaining 113 parcels of Undeveloped Property will be levied the remaining
fo of the STR 8 17 Step 3 appears to want to allocate any additional tax amount needed to Residential Property that has been assigned a Backup Special Tax as its Maximum Special Tax However the Backup Special tax in the current RMA was never since the RMA defines the Maximum
Under Scenario
implemented
Special
Tax for
Special
in the
current
Since the
language language
Parcel of Residential Property as equal to its Assigned effectively eliminates the use of the Backup Special tax in the Scenario I amendment to the RMA does not Special Tax for Residential Property step 3 in the
special
tax to
Residential Property
as
well
estimates the total CFD debt service and administrative 194 1 equals 019
4 70 of its In order
to
approximately Special Tax At most if past delinquencies required additional tax revenue to be levied on d only an additional 10 could be Developed Property pursuant to Government Code 53321 levied on Developed that is residential In this case the tax on Developed Property Property would be increased to 77 4 4 70 of Developed Property 0 7 s Maximum Special Tax This would increase the tax 313 which is less than the 1 levy on Developed Property to 421 110 coverage requirement stipulated in the Fiscal Agent Agreement In essence by shifting a portion of the tax levy from Developed proper to Undeveloped Property the CND eliminates its ability to have Developed Property provide 110 coverage on the bond debt service and
administrative expenses
452 Developed Property 1 expenses are 000 r1 share s 82 levy this amount Developed Property will he taxed at
Maximum
Agent Agreement
Scenario 1
certification pursuant
to
Section
7 2 5
of the Fiscal
I cannot be made
Backup Special
parcel
language
as
is included in the
it is is
currently Special Tax for it to its Tax in third step of the Property equal Assigned Special Language Method of Apportionment of Special Tax section in the current RMA discusses the Backup Special fax but the language is incoherent and therefore the use of the Backup Special Tax as ve analyzed Scenario I under the part of the tax allocation is not possible However we assumption that the Backup Special Tax language for the amended RMA would be cleaned up The cleanup or it parcel of Residential language would define the Maximum Special Tax f Property as being the greater of its Assigned Special Tax and Backup Special Tax With this change the revised Backup Special Tax language in the Scenario I amended RMA would increase the total Maximum Special Tax for Developed property from 193 696 based on the 1 Current RMA to 370 the 268 Unfortunately 2 limiting language in Government Code tax Section 53321 d applies to the actual special tax levied on Residential Property and so increasing the Maximum Special Tax for Residential property will not have an impact on the I I Min coverage requirement in the Fiscal Agent Agreement
of Residential Scenario A Assuming Bonds Are Culled
proposed
on
the
Undeveloped Property to the total taxable parcels in the CFD In the first step ofthe tax allocation Developed Property is allocated the portion of the STR equal to 82 2 of the Maximum Special Tax that may he levied on Developed Property It
additional tax of
revenue
parcels
of
Developed Property
is
required
to fund the
R step 2 of the I S
Tax rate
Undeveloped Property s Special Developed Property is levied up to its Maximum Special fax ndcveloped Properly is levied up to its Maximum Special Tax rate in step 4 I
fund the STR
Maximum
in step 3 and
Most percentages shown in this tnentorandun are rounded to the nearest tenth of a percent but in the actual presented here were carried out to several decimal places for accuracy
For fiscal
year
17 the total CFD debt service and administrative expense is 000 2016 452 1
2 of its Maximum Special fax which 3 825 94 Developed Property will be levied 82 equals S 1 In step 2 Undeveloped will be levied at 8 17 oI its Maximum Tax which is Property Special 200 per acre on 11 25 2acres for a total of The 146 50 STR remaining amount 7 028 levy will be levied on Developed total levy of 854 401 on Developed 1 Property in step 3 for Property Again if this amount is increased by 10 to fund any past delinquencies the tax levy on 542 would amount to only 106 of the bond debt service and 1 Developed Property 039
a
administrative expenses for fiscal year 2016 17 Therefore a certification pursuant to Section 7 of the fiscal Agent Agreement for the amendment to the RMA under Scenario A cannot 2 5
be made
Scenario B
Developed Property Maximum Special fax Maximum Special Tax that can be levied under this scenario which is 675 062 all parcels of 2 Developed Property and Undeveloped Property are levied a special tax that is 70 4 of their Maximum Special Tax rate to fund the STR 000 452 for fiscal year 2016 1 17 The Maximum ax rate for Undeveloped Property under Scenario B is 20 Special l 243 per parcel 3
Under Scenario 13 the
proposed RMA amendment revises the allocation of the STR so that Undeveloped Properly are levied at equal percentages of their rates in the first and only step of the tax allocation Based on the total
delinquencies
the bond debt
Developed Property will he levied 1 1 019 94 and Undeveloped Property will 11 the tax on Developed Property is increased by 10 to fund any past tax levy on Developed Property 421 313 would amount to only 90 1 5 of
service and administrative expenses for fiscal year 2016 17 Therefore a certification pursuant to Section 5 of the Fiscal 7 2 Agent Agreement for the amendment to the RMA under Scenario B cannot be made
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 14
Public
ATTACHMENT 5
SCENARIO A
City Community
AMENDMENT
of Indio
Lago
Improvement Area
TO
No
OF
1
APPORTIONtv1ENT
RATE
AND
METHOD
17 and provided that 188 Commencing with Fiscal Year 2016 143 has been 1 86 received by the District by August 1 2015 and used to call and redeem Bonds the City of Indio Rate and Method of Apportionment of Special Tax for Community Facilities District No 2004 3 Terra Lago attached as Exhibit A to the Notice of Special Tax Lien recorded on July 28 2005 as document number 2005 0603064 is hereby amended
As it pertains to Improvement Area No 1 and subject to the satisfaction of the conditions set forth herein above Table 5 is amended as follows TABLES
Undeveloped Property
Maximum
Special
Tax Rate
sU t
I
M
1
l9
a i sii e a
Acre
Undeveloped Property
00 200 25
As it
pertains
to
Improvement Area
above
Area 1
Improvement
Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to that percentage obtained by dividing the number of Parcels of Developed Property by the sum of the number of Parcels of Developed Property and number of Parcels of Undeveloped Property of the applicable Assigned Special Tax rate as needed to satisfy the Special Tax Requirement for Improvement Area 1
Zone A and Zone B Second If additional moneys are needed to satisfy the Special Tax Requirement for Improvement Area 1 Zone A and Zone B after the first step has been completed the Special Tax shall be levied Proportionately on each Parcel of
First The
Undeveloped Improvement Area 1 Zone A and Zone B at up to that percentage obtained by dividing the number of Parcels of Undeveloped Property by the sum of the number of Parcels of Developed and number of Parcels of Property Undeveloped Property of the applicable Maximum Special Tax rate for Undeveloped Property Property
within
CFD 2004 3 IA 1
of 2
satisfy the Special Tax Requirement for Improvement Area 1 Zone A and Zone B after the first two steps have been completed the Special Tax shall be increased Proportionately on each Parcel of Developed Property within Improvement Area 1 Zone A and Zone B at up to the applicable Assigned Special Tax rate for Developed Property
Fourth If additional Area
Improvement completed the Special Tax shall be increased Proportionately on each Parcel of Undeveloped Property within Improvement Area 1 Zone A and Zone B at up to the applicable Maximum Special Tax rate for Developed Property
In the event the conditions set forth
moneys are needed to satisfy the Special Tax Requirement for 1 Zone A and Zone B after the first three steps have been
hereinabove
a
are not
no
Special
such failure to meet such conditions and as to the nullity of this Amendment caused thereby Absent recordation of any such further amendment to Notice of Special Tax Lien the recordation of this Amendment shall
providing
notice
as to
provide
as
CFD 2004 IA 1 3
2 of 2
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 15
Public
ATTACHMENT 6
SCENARIO B
City
of Indio
Community
Lago
AMENDMENT
RATE
AND
METHOD
OF
TiONNiENT APPOtp
17 and provided that 86 1 1 188 43 has been Commencing with Fiscal Year 2016 received by the District by August 1 2015 and used to call and redeem Bonds the City of Indio Rate and Method of Apportionment of Special Tax for Community 3 Facilities District No 2004 Terra Lago attached as Exhibit A to the Notice of 0603064 is Special Tax Lien recorded on July 28 2005 as document number 2005 amended hereby
As it
pertains
to
Improvement
Area No 1 and subject to the satisfaction hereinabove Table 5 is amended as follows TABLE 5
of the
Undeveloped Property
Maximum
Special
Tax
Rate
Undeveloped Property
Parcel
243 3 20
As
it
pertains
to
Improvement
conditions set
1
forth
Area No 1 and subject to the satisfaction of the hereinabove section D 1 is amended as follows Area 1
Improvement
Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100 of the applicable Assigned Special Tax rate and each Parcel of Undeveloped Property at up to 100 of the applicable Maximum Special Tax rate as needed to satisfy the Special Tax Requirement for Improvement Area 1 Zone A
The
and Zone B hereinabove are not met the District shall later than October 31 2015 a further amendment to Notice of Special Tax Lien providing notice as to such failure to meet such conditions and as to the In the event the conditions set forth
record
no
of this Amendment caused thereby Absent recordation of any such further amendment to Notice of Special Tax Lien the recordation of this Amendment shall provide notice to all persons as to the amendments set forth herein
nullity
CFD 2004 3 IA 1
Page
1 of 1
Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 16
Public
ATTACHMENT 7
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL
CALIFORNIA
INDIO
ACTING AS
COMMUNITY
FACILITIES
LAGO
AMENDING RESOLUTION NO 9680 TO CONSIDER ALTERATIONS TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR IMPROVEMENT AREA NO I SPECIAL TAXES
WHEREAS in 2005 the City Council the City Council of the City of Indio California the City conducted proceedings in accordance with the Mello Roos CommmLill ity Facilities Act of 1982 as amended commencing with Section 53311 of the California
Government Code the Act for the establishment ol the City of Indio Community Facilities District No 2004 3 Terra Lago the District and by its Resolution No 8956 adopted on May 18 2005 and in accordance with the Act designated portions of the District as
Improvement
Area No I and
Improvement
to Section
Area No 2 and
WHEREAS
area all
Act after the designation of an for purposes ol a bond election and for the purpose of levying for payment of the bonds or for any other change pursuant to Article 3 with Section 53330 of the Act shall apply only to the respective improvement
pursuant
53350
of the
proceedings
and
July 20 2005 the City Council established the District pursuant to its Resolution No 9025 the Resolution of Formation which among other things specified a rate and method of apportionment of special taxes the Original RMA for the respective
on
WHEREAS
special
No 2
taxes to be levied
as
on
Area No I
and
applicable
and
Improvement
Area
City duly held an Improvement by the District on property within Improvement Area No 1 in accordance with the applicable provisions of the Original RMA among other things was duly approved by at least two thirds of the votes cast by the qualified electors of Improvement Area No 1 and
on same
WHEREAS
the
election within
Area No 1
date and in accordance with the Act the whereby the levy of special taxes
WHEREAS
election within
on
the
same
Improvement property within Improvement Area No 2 in accordance Original RMA among other things was duly approved by the qualified electors of Improvement Area No 2 and
Area No 2
date and in accordance with the Act the whereby the levy of special taxes
City duly held an by the District on with the applicable provisions of the at least two thirds ol the votes cast by
WHEREAS in accordance with the Act upon a determination by the City Council that the requisite two thirds ol the votes cast by the qualified electors ol tmprovement Area No I and Improvement Area No 2 respectively were in favor of levying the respective special taxes in accordance with the provisions of the Original RMA applicable to each such improvement area
a
Notice of
Special
Original
Notice of
Special
Tax
Licn
was
duly
recorded in
County
Recorder
on
July
28 2005
as
Document No 2005
WHEREAS in accordance with the Act and Section 5 3114 of the California Streets and RMA the was included Highways Code in the Original Notice of Special Tax Lien as Original Exhibit A thereto and WI IEREAS Section 53332 ofthe Act as made applicable to Improvement Area No I of through Section 53350 of the Act provides that if a petition signed by 25 percent or of the registered voters residing in Improvement Area No 1 is filed with the City Council
to
the District
more
requesting that proceedings be commenced existing special tax for Improvement Area City
Council pursuant to
change
or
the rate
to
or
method of apportionment of an
paragraph b
special tax in Improvement of the of the fee determined by the days payment of Section 53332 adopt a resolution of consideration in
a new
No I
levy
the form
specified by
WHEREAS
i of the District
Original RMA Registrar of Voters verified that the Petition included a voter signatures to allow the change proceeding to proceed
on September 4 2013 registered voters residing in Improvement Area No the Petitioners filed with the City Clerk of the City a petition to amend the the Petition and the City Clerk working with the County of Riverside
sufficient number of valid registered under Section 53332 of the Act and
WHEREAS on January 16 2014 and as authorized and directed by the City Council the of the City caused the fee determined by the City Council pursuant to of Section 53332 of the Act to be paid at the request and on behalf of the paragraph b Petitioners from surplus monies remaining in lie Acquisition and Construction Fund established by the Fiscal Agent Agreement dated as of September 1 2005 with respect to the District s
Finance Director
Special
Improvement
Area No
1 and
WHEREAS per Section 53332 of the Act on February S 2014 the City Council acting legislative body of the District adopted Resolution No 9680 entitled Resolution of the City Council of the City of Indio California Acting as Legislative Body of the City of Indio 3 Terra Lago to Consider Alterations to the Rate and Community Facilities District No 2004 Method of Apportionment of Special Tax for Improvement Area No 1 Special Taxes the Resolution of Consideration and
as
WHEREAS pursuant
March 19 2014 for
as
to
a
the date of
to
Section 53334 of the Act the Resolution of Consideration set public hearing to be held by the City Council to consider and
determine whether
submit the
question
of
and
altering
the
rate
and method of
special
tax
Improvement
qualified
electors of
apportionment of Improvement
the Hearing
WHEREAS
voter
notice of the
and
to each
and
was
mailed
as
to each
registered
on
of the District
shown
file last
equalized
assessment
on
Hearing
was
opened by
the
public
was
City
2014 based
and
on a
finding
that the
complexity
of the
additional lime
WHEREAS the City had caused to he prepared a proposed City of Indio 3 Facilities District No 2004 Terra Lago improvement Area No 1 Amendment
Method of
Community
to Rate and set
and
RMA
as
Amendment
which
was
rorth
petitioner and owner of developed property in Improvement requested the City to consider an alternative amendment to the Original RMA in lieu of the Original Proposed RMA Amendment which alternative amendment is set forth in Exhibit A attached hereto and incorporated herein by this reference the Petitioner Proposed RMA Amendment and
has
WHEREAS
Petitioner
on
Proposed
to
this date after opening the continued Hearing and considering the RMA Amendment the City Council desires amend the Resolution of
Consideration
delete the
replace
hereto
NOW THF FORF THE CITY COUNCIL OF THE CITY OF INDIO ACTING AS RF LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO 2004 3 TERRA LAGO DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS Section 1 The above recitals
are
all
Section 2 The City Council acting as legislative body of the District hereby modifies and amends the Resolution of Consideration to delete the Original Proposed RMA Amendment attached as Exhibit A thereto and to replace it with the Petitioner Proposed RMA Amendment in the form set forth as Exhibit A hercto
by
the
City
Council of the
City
of Indio
body
of the District at
meeting
held
on
the 16th
day
of April 2014
AYES
NOES
Mayor
Cynthia
I lernandez
City
Clerk
3
1
APPROVED AS TO FORM
Roxanne Diaz
City Attorney
4
JvIdim a41 1K3dID44FI
EXHIBIT A
Community
Lago
City of Indio Rate and Method of Apportionment of Special Tax for Community Facilities District No 2004 3 Terra Lago attached as Exhibit A to the Notice of Special Tax Lien recorded on July 28 2005 as document number 2005 0603064 is hereby amended
As it
pertains
to
Improvement
as
follows
Undeveloped Property
Maximum
Special
Tax Rate
1 Undeveloped
4 MZE61
Property
Acre
11 f 00 300 30
a
As it
pertains
to
Improvement
Area 1
Area No I section
is I D
amended
as
follows
1 First
Improvement
Allocate 25 of the Special Tax Requirement to the lots in Tract 31601 and allocate the balance of the Special Tax Requirement 75 to the remaining lots
Second
Special Tax Proportionately on each Parcel of 2 31601 31601 5 14 31601 and 31601 at up to the applicable satisfy
Third
for
an
Levy
the
amount
equal
to 75
of the
Special
Tax
Requirement
Special Tax on each Parcel of Developed Property in Tract 31601 at the same applicable Assigned Special Tax rate that achieved the Proportional allocation 2 31601 5 Developed Property in Tracts 31601 in the Second step 3 31601 4 and 31601
Levy
the
Proportionately on each Parcel of Undeveloped Property in Tract 31601 applicable Maximum Special Tax rate to satisfy an amount equal to 25 of the i Tax Special Requirement less ii the aggregate amount levied in the Third step ahove on Developed Property in Tract 31601
at up to 100 of the
Fourth
Levy
the
Special
Tax
1 A
121934HA4 N1230 dm
ITEM NO 9
SUBMITTAL TO THE CITY COUNCIL CITY OF INDIO CALIFORNIA
APRIL
FROM Economic SUBJECT Public
16
2014
to the Tax Equity Financial Responsibility Act of a resolution TEFRA adoption authorizing issuance of tax exempt bonds the Bonds by the California Statewide Communities Development Authority CSCDA for financing the acquisition and rehabilitation of the Indio Desert Palms Apartments and RECOMMENDED MOTION
financing Apartments
SUMMARY
CSCDA for
the
Adopt Resolution approving the issuance proposed acquisition and rehabilitation of the Indio
of Bonds
by
Desert Palms
Affirmed Housing Group Inc the Developer of the Indio Desert Palms located at 46 575 Clinton Street has applied to the California Statewide Communities Development Authority CSCDA for the issuance of exempt bonds in tax the not exceed amount of 15 to 000 the Bonds As the Bonds will be
Apartments
proposed
existing
Federal Law requires the CSCDA to obtain local to issuance of the Bonds As such the City Council is being
required
Public Hearing and approve the Bonds The City will not be a party to the Bonds will not
represent
or
constitute
proposed Resolution prior to the issuance of the financing documents relating the Bonds and the of the City any debt or obli
Prepared
Cost associated with this actin
Jesus Gomez by
0 0 0
rams
Manager
A N
A N A N
In Current Year
Budget
Budget Adjustment
For Fiscal Year
FINANCIAL
DATA
Source of funds
Future FY Cost
A N
Account number N A
remaining
A N Financial Review
Legal Review
Department
Head
ew
p
Roxanne Diaz
AA Maria Devel
11
Rob Rockwell Finance Director
Aguirre
ent
City Attorney
Manage
CITY
MANAGERS SIGNATURE
RE TEFRA Hearing and Resolution Indio Desert Palms Date April 16 2014
Page
BACKGROUND
CSCDA is law and
a
California
joint
an
Amended
Agreement The City districts are parties to the Agreement and Agreement CSCDA has the power to issue that promote economic development
As
powers authority governed by and existing pursuant to State and Restated Joint Exercise of Powers Agreement the of Indio and over 500 California cities counties and special
as
such
members of CSCDA
Under the
of
revenue
financing
projects
proposed the aggregate principal amount of Bonds will not exceed 15 000 The of the Indio Desert Palms Apartments will be Indio Family Housing Partners LP the Borrower The Borrower will use proceeds from the Bonds and other financing sources to purchase and rehabilitate the existing multi family apartment complex To comply with the rules governing the use of tax exempt bond proceeds and tax credit all units will remain affordable for a period of 55 years The Bonds will be financing issued by the CSCDA a joint powers authority which is a separate legal entity existing under State law The City will not be a party to the financing documents relating the Bonds and the Bonds will not represent or constitute any debt or of the obligation City To date the Borrower has not expressed any intent to request funding from the City for the Project
owner
Although the City will not incur any expenses related to the issuance of the Bonds and has no obligation to repay the Bonds in the future the Borrower has requested that the City Council hold a TEFRA public hearing to satisfy the requirements of federal law in order for
the Bonds to be issued
The TEFRA
bonds and to approve the attached Resolution hearing gives the community an open forum in which to the Project and Project financing prior to the issuance of the
as
tax
exempt
requires a local jurisdiction in which a project is to be private activity tax exempt bonds to adopt a resolution approving the issuance of the Bonds after holding a public hearing prior to the issuance of the Bonds of the Adoption proposed Resolution meets those requirements A notice of public hearing was published in The Desert Sun Newspaper on March 30 2014 as required
financed with
Project
Desert Palms Borrower will
Family Housing Partners LP the Borrower The Project Affirmed Housing Group Inc will be the of the developer the Developer Project Solari Enterprises Management Company will operate and manage the Project upon its completion The existing multi family apartment complex consists of 10 two story buildings and 4 one story buildings which comprise 144 rental units ranging from 2 to 4 bedrooms Although the property condition is considered to be in average physical condition interior and exterior improvements to address deferred maintenance are needed The improvements will include exterior painting of the installation of new and buildings Photovoltaic panels on the roofs of all landscaping buildings and installation of energy efficient kitchen appliances and windows necessary to upgrade the property to an above average condition Additional detailed project is contained information in ATTACHMENT B
purchase
and
own
proposed
Indio the
the
owner
of
the
Indio
RE TEFRA Date 3
Hearing
2014
April 16
Page
Currently Affordability
income residents low
are affordable rent restricted to of tax and credit bonds tax exempt financing will require that units remain affordable to lower income households A 55 year regulatory agreement for the use of both tax exempt bonds and tax credits will be recorded the to
The
against
property
that 142 of the units will be available to tenants earning no more than 50 or 60 of the Area Median Income or less Two 2 units will be unrestricted at market rate s manager
ensure
Project
serve as
As Financing
the issuer of
evidenced
by
the
attached
have
Developer
Application
the CSCDA
revenue bonds in an amount not to exceed of the Bonds may only be used for the purpose of financing and rehabilitation of the existing multi family residential apartment complex
exempt tax
proceeds
Developer
project costs Bonds 000 will be used to acquire the property approximately 4 10 0 000 00 will be used to complete necessary property improvements and upgrades and the remaining amount will cover the cost of bond issuance interest various fees and other related expenses At this time the Borrower and the Developer have not expressed any intent to request funding from the City Housing Group has extensive experience developing affordable housing in with over 19 projects developed in the last 10 years ATTACHMENT D provides a of the company and a sample of previous housing profile The CSCDA projects developed has expressed support of the proposed and has indicated Affirmed Housing Group projects and Solari Enterprises management are in company compliance with all regulatory Caitlin Lancot from the CSCDA has indicated that CSCDA has agreements Furthermore no concerns about Af iirmed s ability to purchase rehab and maintain the Indio project for the life of the Qualified Project Period 55 years
California
Affirmed
propose to finance the Project over 19 000 in total tax credit financing and other funding sources Approximately
City Even though the City is CSCDA a party to the financing documents City relating to the Bonds The Bonds will not represent or constitute any debt or to the obligation City The of the Bonds the will be solely payment responsibility of the Borrower At this time no City funds are being sought by the Borrower and the Developer for the financing of any portion of the Project
no on a
There is
financial
impact
the
the
will not be
ALTERNATIVES
1
of the Resolution
LIST OF ATTACHMENTS ATTACHMENT A Proposed Resolution ATTACHMENT B Project Description Narrative ATTACHMENT C
ATTACHMENT D
Housing Bond Application submitted by the Developer Company Profile Affirmed Housing Group
Page 203 of 267
to the CSCDA
RE TEFRA Date 4
Hearing
2014
April 16
Page
ATTACHMENT A
RESOLUTION NO RESOLUTION OF APPROVING THE THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
CSCDA
OF MULTIFAMILY HOUSING
REVENUE
WHEREAS the California Statewide Communities Development Authority the Authority is authorized pursuant to the provisions of California Government Code Section 6500 et seq and the terms of an Amended and Restated Joint Exercise of Powers Agreement dated as of June 1 1988 the Agreement among certain local agencies throughout the State of California including the City of Indio California the City to issue revenue bonds in accordance with the provisions of Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects and Family Housing Partners LP by NEXUS For Affordable has requested that the Authority adopt a Housing Inc and AHG Indio LLC plan of financing providing for the issuance of multifamily housing revenue bonds the Bonds in one or more series in the maximum principal amount of 000 15 to finance the acquisition and rehabilitation of a 144 unit multifamily rental housing project located at 46575 Clinton Street in the City generally known as Indio Desert Palms Apartments the Project and to be operated by Solari Enterprises and
on a
behalf of Indio
California limited
partnership
or
another
be formed
WHEREAS
the Bonds
or a
be
private activity
WHEREAS pursuant to section 147 1 of the Code prior to their issuance private activity bonds are required to be approved by the applicable elected representative of a governmental unit having jurisdiction over the area in which any facility financed by such bonds is to be located after a public hearing held following reasonable public notice and WHEREAS the members of this City Council this City Council representatives ofthe City and the Project is located in the City and
are
the
applicable
elected
WHEREAS there has been duly published in a newspaper of general circulation within City at least 14 days prior to the date hereof a notice that a public hearing regarding the Bonds would be held on the date specified in such notice and
the
WHEREAS such public hearing was opportunity was provided to interested parties
to express their views
on
conducted to
a
on
reasonable
on
at
which time
an
proposed
to
be
financed
the Bonds
WHEREAS it required by
is intended that this Resolution constitute the approval of the issuance of section 147 of the Code and Section 9 of the Agreement f BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
NOW THEREFORE
OF INDIO AS FOLLOWS Section 1 Section 2
are
true
and
correct
City
Council
Authority
hereby approves the issuance of the Bonds by the ofthe Code and b Section 9 of the f 147 Agreement
prepayment premium if any and interest on Borrower The Bonds shall not constitute a
The payment of the principal solely the responsibility of the debt or obligation ofthe City the Bonds shall be
Section 3
Section 4 The adoption of this Resolution is solely for the purposes of a section the Code of and 147 f b Section 9 of the Agreement and shall not be construed in any other manner The has undertaken no responsibility or obligation for any costs relating to the City issuance of the Bonds or any other costs relating to the Project by virtue of this Resolution Neither the City nor its staff have fully reviewed or considered the financial of the
feasibility expected financing or operation of the Project with regards to any State of California statutory requirements The adoption of this Resolution shall not obligate a the City to provide financing to the Borrower for the Project or cause the Bonds to be issued for purposes of such financing or b the City including any department of the City to approve any application or request for or take any other action in connection with any environmental General Plan zoning or any other permit or other action necessary for the Project Project
or
the
City are hereby authorized and directed jointly and do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out give effect to and comply with the terms and intent of this Resolution severally
to
Section 5
Section 6
The
City Clerk
shall forward
copy
hearing
Paul J
Thimmig Quint Thimmig LLP 900 Larkspur Landing Circle Larkspur California 94939
Suite 270
Section 7
immediately 16 day
PASSED
vote
of April 2014
by
the
following
AYES
NOES
ABSENT
ABSTAIN
MICHAEL
WILSON MAYOR
ATTEST
CYNTHIA
HERNANDEZ
CMC
CITY CLERK
APPROVED AS TO FORM
RE TEFRA Date
Hearing
2014
April 16
5
Page
AS
PROVIDED BY
DEVELOPER
ATTACHMENT B
Indio CA
Indio Desert Palms is
County
The
of Riverside
existing 144 unit low income family rental housing project located the Project The address of the Project is 46575 Clinton Street
an
in the
City of Indio
and
Project
was
purchased by
Indio
Family Housing
organized
to
acquire
renovate and
purchasing entity
is
comprised
administrative
general partner
a California
partnership
single
purpose
Housing
Inc
Housing Group Inc an affordable housing developer NEXUS For Affordable nonprofit public benefit Corporation will participate as the non profit managing general
not
one
of high
reputation
experience
purchase
of 4LIHTC The
to
developer will be
affordable
Corporation
develop
Affirmed
Upon closing
Solari
the
extensive renovation
Although
project
is in
good physical
will be
over
condition in
upgrading
to
project
managed by
30
Enterprises
plus
years
of experience
The
acquisition
combined with
subsequent renovation will be capitalized with proceeds from the sale of4 LIHTC allocation exempt bond financing using a privately placed tax tax exempt bond loan as the capital facility
and
Apartments
County
Riverside
Address 46575 Clinton Street Indio CA 92201 Lot Size 9 5 acres with level
rectangular
relatively
topography
Surrounding Neighborhood Land use directly north of Indio Desert Palms Apartments includes single family homes in average condition Land use directly south of Indio Desert Palms Apartments includes a multifamily use in good condition and commercial retail uses Land uses east of Indio Desert Palms Apartments consist of single family homes in average
condition and Indio land
uses
High
School located northeast of the property To the west of the Indio Desert Palms
Apartments
Completed
Physical Features
Indio Desert Palms is 144 LIHTC development that was constructed in 1995 The existing unit project has 10 two story garden style residential buildings 4 one story garden style residential buildings a leasing 2 alone stand and 1 maintenance laundry building office laundry buildings building Other community amenities include site management barbecue areas open space two playground areas and a on swimming pool
an
Unit Configuration The project consists of 8 two bedroom units 80 three bedroom units and 56 four bedroom units Three bedroom twounits fifteen three bedroom units and eleven bedroom four units are for tenants at 50 AM Four bedroom units sixty four three two bedroom units and forty five four bedroom units are for tenants at 60 AM UnitAmenities Indio Desert Palm sunit amenities include central
heating and
air conditioning
carpeting
sheet
vinyl
Appliances
include stove
Work The site work will consist of grinding and adding a slurry coat to the exterior asphalt in redesigning the landscaping to incorporate a landscape design more suitable for the desert environment In turn this should decrease the water consumption around the common areas on a reasonably large site The rehabilitation of the building envelope will involve miscellaneous at patching complete re paint the stucco areas and replacement ofthe exterior windows and sliding glass doors to conserve energy and increase the efficiency ofthe MEP systems The scope ofwork also includes installing a large Solar PV array system that will make up most of the roof areas ofthe existing buildings The PV array system alone will sutility bills by half for electricity The help decrease the tenant
parking
flooring throughout replacing the cabinets and countertops replacing 70 of the water heaters replacing plumbing fixtures with low flow product types replacing lighting fixtures replacing all appliances in the units with Energy Star products
Unique
Features The combination ofthese
owners
upgrades
will result in
highly
energy efficient
project
that is
mutually
a Limited Partnership that will be the 100 ownership entity of the affordable housing project The Limited Partnership will consist of NEXUS for Affordable a
Housing Inc the non profit partner Managing General Partner with
Affirmed Housing Group Inc
a
Delaware
California
limited liability company Administrative General Partner owning 08 interest in the limited partnership and the tax credit investor limited partner
TBD
Indio
P L
Managing
General Partner NEXUS
99
02
RE TEFRA Hearing and Resolution Indio Desert Palms Date April 16 2014
Page
6 ATTACHMENT C
ATTACHMENT
dicant Information
Primary
af6rmdhousing com
Name of
Developer
Affirmed
Housing Group
Primary
First Name
Address
Street 13520 Evening Creek Drive North Suite 160 State California Ext
Zip
92128
com James@affirmedhousing
Borrower Description
Same
as
developer
Name of
Borrowing Entity
Indio
P L
Type of Entity
Mother
specify
13 Will
Date No of
you be
No of Low Income
Primary Billing
First Name Helen Title Controller
Address
Street 13520
Evening Creek
Suite 160
City
San
Diego
Zip
92128
com hcrisafi@affirmedhousing
Project
Project
New
Information
Information
TBD
Facility
Facility Facility
Facility 1
Name Indio Desert Palms Bond Amount 11 00 000
Project Address
Street 46575 Clintion Street
City
Indio Riverside
State California
Zip 92201
County
Is
County
an
Project
located in
i N
Restricted 142
Market 2
Total 144 Lot size 9 5 acres Amenities 2 tot lots barbecue areas
pool area 1 swing area community room currently being utilized as one of the units laundry buildings 3 in total Type of Construction i e Wood Frame 2 Story 10 Buildings Wood frame pitched concrete tile roofs 2 story upgarden style surface parking 14 residential buildings walk
Type
of
New Construction
Facility
D Family
Is this an Assisted Has the
0
or
Senior
City
please provide
name
Agency City
org jgomez@indio
Percentage
Housing
Percentage of Area
Total Number of
Housing
Units 50
Management
AMI
No of restricted units
Restricted rent
Market rent
Expected savings
50
3 4 15 64 11
00 683
00 820
00 862
00 862
60
50 60 50
00 789
00 947
00 881
Bedrooms 4
60
45
057 1 00 281 1 00
Note Restricted Rent must be least 10 lower than Market Rent and must be lower than the HUD Rent limit
Government Information
Facility is Project
Congressional
36
in
State Senate District 40 State 56
District
Assembly
District M
Financing
Financing
Information
Information
Type of Offering
Public
Offering
Private Placement
13
New Construction
be
applying
Cap 0
No
Yes
No
Yes
Construction Financing
Credit Enhancement None Other
or
11
Letter of Credit
specify
Permanent Financing
Credit Enhancement Letter of Credit Name of Credit Enhancement Provider
or
None Other
specify
Expected Rating
Unrated
Moodys
P S
Fitch
Cal
General
funding OY ON
Sources
and
Uses
Exempt Tax
Tax Credits
Bond Proceeds
000 11 00
1 6 00 824 33
Developer Equity
Other Funds
Describe
480 330 00 093 749 00 003 975 00
Total Sources
188 19 00 400
Uses
Land
Acquisition
6 9 00 000 00 9 3 00 000 67 000 200 00 000 570 00
Building Acquisition
Construction
or
Remodel
Cost of Issuance
Capitalized
Reserves Other Uses Soft Costs Architect
Interest
Describe
9 1 00 000 44 Engineering Fees
Profit
Contractor Overhead
Developer Fee
Total Uses
188 19 00 400
Financing
Team
Information
Bond Counsel
Firm Name Quint
Thimmig
LLP
Primary Contact
First Name Paul Title Last Name Thimmig
Attorney
Address Street 575 Market Street Suite 3600 State California Ext
City
San Francisco
Zip
2874 94105
com PThimmig@gtlip
Primary Contact
First Name Shani R Title Lender Address Street 300 S Grand Suite 400 Suite 400 State California Ext Last Name
Searcy
City
Los Angeles
Zip 90071
Fax
Financial Advisor
Firm Name
Primary Contact
First Name Title Address Street Suite State Ext Last Name
City
Phone Email
Zip
Fax
Rebate
Analyst
Firm Name
Primary Contact
First Name Title Address Street Suite State Ext Last Name
City
Phone Email
Zip
Fax
RE TEFRA
Hearing
2014
Date
April 16
7
Page
ATTACHMENT D
COMPANY PROFILE EXPERIENCE
small group of
committed citizens
Indeed
it s the
only thing
that
has
1050 B Street
Diego
California ltg
w
J
Micah
Spano
Vice President of
Construction
oversees
the construction
phase
as
of
LL
all of Affirmed s
as
O
a o
developments budgets
well
of
multiple
and
projects
Mr
s responsibilities Spano
LEED
or
include
a
0
U
bonding
other
green
project has
over
handover
to
operational
Spano
Prior to
Spono managed
projects
and industrial
the
development joining Affirmed Housing Group Mr and design construction of several mid rise condominium
Diego
and
over
one
in downtown San
addition
as
the Director of
Engineering largest
S Government U
cost plus
in
contract in
the world
supplying
and the
construction
services to the U S
military
is
a
both
Herzegovina Bosnia
Republic
of
Georgia
Mr
Spano
licensed
general
Lindsay Quackenbush
projects land
at
Vice President of
site
Development
due
is
responsible
financial
for all
new
Affirmed including
site
selection
review
underwriting outreach
Low
acquisition
and
and
architectural and
community
value
entitlement
engineering
funding including
Housing
Housing
team
jurisdictions
Mr Quackenbush
leads Affirmed s
development staff and is the primary liaison between design members lenders investors and City Staff Mr Quackenbush has been
more
than 24
including
5 years with D R
Horton
and is
licensed
general
contractor
Jeff
Edgren
Director of
Acquisitions
is
responsible purchase
for all
property acquisition
Edgren
identifies
opportunities
develops
project
funding models conducts feasibility analyses initiates contact with housing departments and identifies funding opportunities investigates entitlement requirements and negotiates purchase agreements Mr Edgren also
coordinates land
acquisition
escrow
with
Project Management
experience
staff
through
close of
Mr
over
27 years of
in the
development leasing
Real Estate Port of San
having
of San
Departments Diego
County
Diego
and the
James
Silverwood
Officer
firm his
Vice President of
Development
over
Mr Silverwood has
development
in
D
Z
v
early
years
as
general
Affirmed
and later
as
developer
Under Mr
s Silverwood
direction
tax
Housing
new
has secured
over
financing
and
to grow in
O
T
housing by developing
communities
across
rn
California
it
regional
legislative
issues
numerous
of the San
Diego
North
s Housing Fong
Advisory
currently Housing
sits
on
Consortium
Hall of Fame
respected
oversees
responsibilities
due
include the
comprehensive coordination
it R
financing
directs the
diligence
negotiations
plans
to
Ms Comets
Affirmed
homebuilding large
and Ms Cometa
public
small with
500 million
one
recently
worked
Homes
of the
largest privately
r
t
y
Y1 m Q
m m m
n m N m m R m m m i0
I m
rv m
I
1
n O m r
rl m N T
O OI A1 ei
m m Q
P N m
N
T
181
1 m
o m n rv o r 111 n tp n O 1 P I
Y
m m m m m N rv n w 1p 1 1 rv
m rv
m m rv o N n n m
o O m P
ti
1I1
m m
m O o m rv rv
e
a m
n 4 1
1
UI
ei
rNi eQ 1 N
ym
m n p N ip f0 1 P
ti
K N III
q
m
O t0 N
g T
Q
ry r m m N g
P tO m m N
o a m
i
c
m
111
Ivy
T N
N
N
n N
f 1 1 1 1 1 y
n O O
y
g T m
1 Q
y
m
n t ri N 111 w
Ii
T VI
tO
N
p T m 40 n T t
m
w
n
N
to
Z
f
Z
D
LL
8 8 8 pp 8 8 pp pp C S O n O O O O O O O O ut T O O C n O m m 8 S p O O S N O N Y1 P d 1
T
m 1
Vf O
8 pp pp pry S 8 S O O 1 O O O
O
O n O O UI ut y1 1 N
tl
1 10
V eti 10
O O o T T Yt m O O N
b O
g O i
Q 01
8 8 8 8 8 8 8 8 8 8 8 8 O O O O O O O ut O O
p o n m b
n
t
O O i
m m m 111
Yf
In
ti
VI 0 10
Q H
ti b O V 1L 1 10 N 1 d Vf y N 1
O p O O 1 m P
is
p O O O N
po p m
HW0
T Q N
N T
O
rJ
V
c
v
LL m
c
I
u
r
Q o
IE
Q
u
g
0
g g
o v m
sa
I v
d
i
ti 1d
nv
ri p
vi
tO
Q
1 4
w m
m N
rv r U C H m m m
C
LL
pO
O
4 m
mn
1
1pp N m
m
rtI
Q v 8 VI N O
ti
o
If n O1
o 1n
r a i
1
m nw
t
n
01 0 1
b N Oi
w
O 8
m
N O1 N O n N
O N n
p rtj 1 11
O
m
m b
m m
N
8
N
R S O
m t 0
5 8
S S
11t
N O
m VI 11
1
m Qp
YI
Q S 1O
o
p p N
m O M
m T11
1
Q
N
n N N m l0 rv
m P ty
M
T P 1 m N
n1
O
p
m
1
O 0 111 ei
m O 10 P
n m e1 i
m
N Gi
m m m Tm
S
M
T Ot O O P m VI
OO O y Of t1 1 m Q VI YI yt i
e
h 1 n 0 P T
1
m n N Yi
N 1p T ei ti
pm N pm VI 1 O 1 n
111 Tm m N
pp1
N O m m N
m
11 1
j
u
N 1 m n Q l0 N
N
m m O
O O T I O P m 1 N VI O H
O m
o O I
N m
n
N m n P
T
j
111 t0
8
N
0 0 0 m n 10 T 1 m 1 I
n m
ti
Yt
06
N m m
1p
1 p T t 1 1 1 o v1 1 0 ry 1 N m 1 m T
T m
N
m N
2
m
a
m
J a 2 2
Q m Q m
a4 a
d 2 b
a
m
2
m
2 a d 22
m P Q m
d
m
d
P
a
m
X
m
a P
a a X
P P
3
Q
X
m
X a X
P
a m
2 dF
m
a m
c
T o rv o n P Tm m o o rv m a m m
P n
0
tt
NN
m m
v1 m n m 1 t
m m
n m
oi
Ti a o
o n
1
1
n
1
m N
U 2 G
y
E
A
m
a
m m c
8
m
c
p
m
o
ui
m
m
f0 u O
7E
O
N
cg
v1
y m 8 m
m N
c E a
O
O c c
O m m
A
O
v
ro Z N a
m
3
m
M c
E
O m
m
y
n
O U
m
V1 m
w
m
5z
m
U 1i 1n Yl ti
Z 0
N
g
1 1n 0 m
m V1 p
y
E
F
u
u
m N 2
3 a i o 1v1
y
O
u 1
3 3
o o
F
m
Y
c
3
rt 1
0
E
lJ
c
C
O
u 3
C
O 6 m
32
1d
C
17
nn
q
a
G
S
m
O C
1
et04
1L
q LL
C
O
S
q
N q U
a
m
9
m C
0
V
CJ
3 s Y 14
O
i 0
9
n
u1 N
17
m2
QQ Qt 32
N
S
5 32 RI E
U3
W G
t
rn
rn
O
C Z
Address
1150 Tesoro Grove
Diego
CA 92101
Way
Diego
CA 92154
Washington Ave
CA 92025
106
Suite 200
Family
40
Escondido
34 32
30 60
Diego County
Carlsbad
CA 92010
Landscape Architect Darsono Design Associates 5014 Mt La Platto Drive San Diego CA 921 17
Financing
SD
Sources
9Tax Credit
Equity
Housing
Commission
Citibank
Tesoro Grove is
a 106 unit family apartment community developed in conjunction with the San Diego Commission The site is an irregularly shaped parcel adjacent to Interstate 5 freeway and was a Housing remnant city owned property Affirmed Housing s design team created award winning architecture and a site able walk in a plan resulting family neighborhood with open space and building orientation which mitigates all of the noise generated by the adjacent freeway The design includes a variety of floor plans nearly
including homes town flats and split level apartments Site amenities include a management office community room and kitchen laundry facilities and a tot lot large grass area and pool All of the electricity used to run the management office and laundry room is generated by a photovoltaic system Construction and maintenance of a public pocket park at the site entry and restoration of an adjacent creek additional amenities provided by this development for the residents and the surrounding community
were
CREEKSIDE
TRAILS
O
o
r
T M
O
Information
Development
Architect Studio E Architects 2258 First Avenue
San
Z
Address 2129 Coronado Avenue
San
Diego
CA 92154
Diego
CA 92101
50
Family
Units
16 1 Bedrooms 685 sq ft
18
16 30
60
Diego County
Median Income
2 3 Stories Wood On Grade 77
Parking Spaces
Carlsbad
CA 92010
Landscape
Architect
Diego
CA 921 10
Bank of America
With the success of Tesoro Grove and the overwhelming demand for affordable family housing in San Diego s South Bay Affirmed Housing developed Creekside Trails as a sister project to Tesoro Grove The site includes 2 and 3 story residential buildings and a single story community building As with Tesoro Grove this 50 unit effort between Affirmed was a the San family community cooperative Housing Diego Housing Commission the local Council office and most importantly the neighboring community groups and residents Creekside Trails is in close proximity to schools shopping parks and public transportation On site amenities include a management office a community room and kitchen and a computer room with high speed intemet a central laundry facility and a tot lot Each unit is equipped with high speed intemet at no cost to the residents Photovoltaic and solar hot water systems provide power and hot water for the common building and laundry facilities Restoration of the
as a
completed
part of this
public pedestrian
trail
were
also
Q 4
t
Page 228 of 267
a
O
Mrn
M
rn
O
c z
Development Information
Architect
Civil
Suite 129
Family
Units
15 37 35
Ramon
977 275 70
94583
925
USA
General Contractor
30
60
Bedrooms 578 sq ft 1 2 B edrooms 823 s ft Bedrooms 1 3 144 sq ft Solana County Median Income
1
car
Properties
2 story wood
2440 Professional Dr
138
garages
21 Acre Site 4
4 Tax Credit Equity City of Vallejo RDA HOME MHP Funds AHP Citibank
87 unit 1 2 and 3 bedroom affordable family community developed in conjunction with 66 acre sloping and irregu City Vallejo California Built on a 4 shaped site this apartment laxly development presented de firmed Housing sign and construction challenges that were mitigated by Af s design consultants and general contractor The site is in close proximity to many community amenities
an
including centrally
units
are
bus lines elementary junior high and high schools and shopping On site amenities include a located community building with a management office recreational room and a resident computer room with high speed inter net A tot lot is included in the lushly landscaped grounds First floor
handicap
compliant
QP
O
r
rn
M
rn
Development
Archite
Information
C Z
The Davis Group 1501 India Street Suite 103 15 San Diego CA 92101 Civil Engineer Masson Associates 200 E
Address
2029 Cassia Rd
Carlsbad
56
CA 92009
Family
Units 12
Washington Ave
Suite 200
Escondido CA 92025
General Contractor Allgire General Contractors
20
24 30
31
2 stories wood
over
3278
1 level
112
Parking Spaces
63 Acre Site 2
21 Units per Acre
San
Diego
CA 92110
Financing
Sources
9 Tax Credit
Cassia
Heights is a 56 unit family development consisting of 4 two story garden style apartment buildings and a centrally located single story community building The largest structure is built over a 63 acre site is adjacent to a steep canyon with partially subterranean parking garage The 2 environmentally sensitive open space and presented significant design challenges to mitigate
back requirements environmental and fire set
The project is
centrally
located
along
is very close
to the
Diego County Amenities include a tot lot and open grass areas a pool and a laundry facilities Open spaces are placed and sized to allow for play by both young and older children all within eyesight of the units for parental supervision
The
space for a management office meetings and homework clubs A homework center lab in the common building is available to all residents A learning photovoltaic system provides partial power for the community building
common
building provides
computer
a c3
O
r
rn
rn
O
c Z
b
Architect KrGY Architecture 17992 Mitchell South
Development Information
Irvine
CA
Fremont
132
CA 94536 Units
Washington
Escondido
CA 92025
Family
15 40 37 40
General Contractor RD Olson Construction 2955 Main Street Third Floor Irvine CA 92614 Landscape Architect
Studios 514 sq ft 1 B edrooms 641 sq ft Bedrooms 2 858 sq ft 3 B edrooms 047 sq ft 1 Alameda County Median Income
3 stories wood
over
20 60
Ripley Design
1615 Bonanza
Street
Suite 314
Fiancina Sources
9Tax Credit
Maple Square provides 132 much needed affordable workforce units serving individuals families and Affirmed Housing secured purchase agreements with two separate property owners for three parcels located in Centerville Redevelopment Project area and the Redevelopment Agency conveyed a vacant parcel to complete the land assembly
seniors
1 33
Approval of a Planned District and a General Plan Amendment were required to redevelop the site Input from the surrounding neighbors on massing design colors and community amenities contributed to the development of a community rich in architectural beauty and innovative design Construction of the craftsman style apartments which include 2 and 3 story slab grade structures and one 3 story podium structure with on subterranean parking was completed in January 2007
A
located community building accommodates a management computer teaming center Other site features include tot lots picnic and facilities and ample landscaping
centrally
office recreational room and resident barbeque areas a play court laundry
t 4
O
r rn rn
c Z
Diego
CA 92101
University
Ave
Civil Engineer Masson Associates 200 E Washington Ave Suite 200 Escondido CA 92025 General Contractor Werner Corporation 5120 Shoreham PI Suite 150 San Diego CA 92122 Architect DeLorenzo Incorporated 2827 Presidia Drive
Family
Units
10
Studios
26
12 21
30
116
60
Diego County
over
Median Income
2 levels concrete
parking
Landscape
Parking Spaces
Son
Diego
Redevelopment Agency
Union Bank
on an
podium
infill property and is comprised of 3 and 4 story residential buildings over a levels of subterranean parking Development challenges included community
of a Community Plan Amendment topographical constraints and environmental remediation s Affirmed community outreach efforts resulted in an understanding of the community needs and a concerns and interests development tailored to the community s
opposition processing
Affirmed
was
site constrained
by
like cliff
tributary
to
the San
challenge to design a medium density project on this small slopes and bisected by a creek Significant habitat restoration of Diego River was required and provides permanent open space for the
surrounding community
Auburn Park includes educational
a
gazebo showcasing
pocket park
which includes
an
O
Mrn
M
rn
O
Development Information Architect Carrier Johnson 1301 Third Ave San Diego CA 92101 Civil Rick
San c Z
Address
1475
San
275
single
5620 Friars Rd
Diego County
over
Median Income
27 sf site 272
429 Units per
Carlsbad
CA 92010
Financing
Landscape Architect MWP Peitz
143 S Cedros Avenue Suite B 104 Solana Beach CA 92075
Sources
Equity
Boston
Capital
Studio 15 is a S O Single Room Occupancy infill downtown development comprised of 275 efficiency R studios in a five story building over one level of underground parking This brownfield remediation site required
extensive treatment of contaminated soil and
groundwater Under the guidance of the state of California DTSC engineering controls consisting of groundwater and vapor barrier and ground water extraction system were installed to ensure safe operation of the building Partnering with DTSC assured timely performance of the remediation activities Department
of Toxic Substances Control
a
elevators a resident cafe Fi Commercial size lounge with large screen TV and Wi kitchen for theater room and a landscaped outdoor courtyard Each community large gatherings a movie studio includes a complete efficiency kitchen bed wardrobe unit desk 26 flat screen TV DVD
A
large
provide partial
winning development
A I H WAY S
s a n a n
rn
M
rn
O
c Z
Architect
Development
Street Suite
42
Information
OJK Architects
97 East St James Son Jose CA 95112
Civil Engineer Wilsey Ham 2680 Bishop Drive Suite 129 San Ramon CA 94583 General Contractor RD Olson Construction 2955 Main Street Third Floor
86
Family
Units
13 28
Studios
500 sq ft
15
30 25
Irvine
CA 92614
Santa Clara
over
County
Median Income
3 stories wood 42
1 level concrete
parking
Parking Spaces
19 Acre Site 2
San
Diego
CA 92110
Financing
San Jose Citibank AHP
9 Tax Credit
Equity
Housing
The
Fairways family apartments is a collaboration between Affirmed Housing the City of San Jose Housing Department and Redevelopment Agency and the surrounding neighbors Located in an area of single family residences the incompatible land use warranted change to improve the quality of life for the surrounding neighborhood This extremely narrow property located immediately adjacent to Highway 101 freeway and a public golf course offered a complex design challenge Ingress egress easements for a landlocked parcel at the rear of the site further restricted the use of this narrow parcel By designing 5 three story residential structures over a long partially subterranean podium parking structure and incorporating a continuous architectural sound wall adjacent to the freeway the site constraints were appropriately resolved Now home to 86 deserving local families the property offers on site amenities such fully furnished community room a computer room 24 7 onsite management and facilities The community also boasts a maintenance laundry tot lot which is open to the neighboring community
as a
TEN
Architect Martinez
FIFTY
Development
Information
rn
M
rn
O
C Z
Address
1050 B Street
San
Diego Family
CA 92101
Project Design
701 B San
Consultants
229
Street
Suite 800
68 57 32
Diego
CA 92101
General Contractor Turner Construction 9330 Scranton Road Suite 300 San Diego California 92121 Landscape Architect DeLorenzo Incorporated 2827 Presidia Drive
San
72
25
60 San Diego
County Median
1 story retail all concrete
Income
over
22 stories residential
over
3 levels
below grade
124
994 SF Site 19
487 Units per Acre
Diego
CA 92110
Financing
Sources
Equity
CCDC
MHP
Infill TOD
Ten and
Fifty 8 is a 229 unit 23 story high rise located at the entry to downtown San Diego near historic Balboa Park LEED This Gold Certified building is the region City College s tallest affordable housing project to date l 3 evels of subterranean and floor retail hosting providing parking ground variety of food and banking services Ten Fifty B serves large families ensuring the downtown San Diego workforce quality affordable housing within walking distance to the workplace Thoughtful consideration was given to large family needs in this urban setting the property offers tenants an abundance of efficient sustainable cost saving amenities The property features outdoor recreation areas which serve as a quiet respite from the 000 square feet of bustling city below Occupying over 7 outdoor terrace area Ten Fifty B provides two tot lots outdoor BBQ s and fire pit recreation area tree shaded turf areas as well as sunning decks The onsite computer lob community room and laundry rooms round out services necessary to support large family needs Ten Fifty B promises to be the flagship in affordable housing serving the large family population in an urban setting
a a
O
r
rn Mrn
0 C
O
Architect
Studio E Architect
2258 First Avenue
C Z
Manteca
Parkway
Suite 550
52 Senior units 6
37
BOGC
Scotts
Inc 405
5610 Scotts
30 60 San
Income
Joaquin County
Area Median
grade on
grade parking on
59
Diego
CA 921 10
Parking Spaces
sq ft Site
041 64
Magnolia
Court is
4 acre parcel offering studios community on a 1 one and two bedroom apartments Amenities include a recreation 7 onsite 24 room
Financing
US Bank
Sources
laundry
area
and
speed heating
intemet
in
each
unit
A solar
water
supplements two ultra high efficiency hot water heaters providing primarily solar heated hot water for the entire development and a photovoltaic system will supply electricity for most of the area requirements Magnolia Court is located within walking distance of grocery retail restaurants medical offices entertainment and the local library
system
common
to a geode the exterior of this development was designed to integrate seamlessly with the and existing community gracefully compliment the surrounding properties The courtyards provide community gathering areas with outdoor barbecues quiet areas of respite and an interactive gardening area for resident s
Architecturally
similar
an
porches
similar to those of
residences
Previously an eye sore Magnolia Court has an underground storm water retention system designed to retain and regulate discharge of storm water runoff from surrounding properties The water is recycled and used to irrigate the projects landscape The underground storm water retention system at Magnolia Court is a creative engineering solution that facilitated the development of much needed affordable housing serving Manteca s aging Baby Boomers
4 4
0
rn
M
rn
0 n
0
C Z
Address
225 Autumn Drive San
Marcos
CA 92069
San Civil
Diego
CA 92101
40
Family
9
Units
Escondido
Bedrooms 1 685 sq ft 840 sq ft 30 60 San Diego County Median Income 2 Stories Wood On Grade
31 2 Bedrooms 77
General Contractor
Parking Spaces
Ziga
Drive
Valley Center
CA 92082
Association
Diego
CA 92117
Formerly
an
ailing
market
rate
property
Sage Pointe
is
now a
renovated
consisting of 31
one
development
fixtures
complete
electrical
was
kitchen
appliances
Low VOC
new
heating
to
and
AC
and
plumbing
a
throughout
the
apartments
The
paint
used
repaint both
and
community
landscape
of the property
was
extensively
refurbished and
are new
barbecues
courtyard
least
new
community
to
enjoy
O
r
rn
M
rn
R IV E R W A L K
O
C Z
Project
Architect Studio E Architects 1262 Keftner Boulevard San Diego CA 92101 3308
Civil
Information
Address
1 194 Hollister St San
Diego
CA 92154
Rids
San
50
family
units 19
30
Income
Bedrooms 1 700 sq ft Bedrooms 875 sq ft 2 21 3 Bedrooms 1 100 sq ft 60 San Diego County Area Median
10 2
General Contractor
Allgire
Five
Story
residential
buildings
with
two
separate
Carlsbad
CA 92010
Fargo
ARRA Funds
Riverwalk apartments are located in the Nestor community of San Diego The site a previous eye sore contains a riverbed that has been revitalized and the local habitat restored Now featuring a pedestrian bridge as well as numerous public trails to enhance the community The Riverwalk apartments are home to 50 families who earn 60 30 of San Diego county s median income The property contains five apartment buildings linked
together by the pedestrian bridge over the creek Riverwalk features a furnished community room a fully tot lot recreation area for equipped computer room with wireless internet on site laundry facilities and residents A Green Point Rated development every unit is equipped with water saving fixtures and ENERGY STAR appliances Solar water heating and photovoltaic power serve the common area and the landscaping is drought tolerant plants mostly the native species
a
n O
r rn
C I T Y
A P
S C E N E
T
M
M rn
n O
C
Development
Architect MW Steele Group
1805 Newton Ave Suite A San
Information
Address
4105 San
Diego
CA 92123
family
Group
915 Camino Del Mar Suite 225 Del Mar CA 92014 General Contractor Wemers GC 5120 Shorehom Place Suite 150 San Diego CA 92122
5
24
3 bedroom 50 60 San Diego County Area Median Income One 4 Story residential building with two levels of
motorcycles
21
bicycle
Density Financing
acre
Sources
Inc
4Low Income
Housing
Tax Credit
Equity
Boston
Capital
It
a 31 unit affordable development featuring one two and three bedroom Previously an eye sore containing a semi built failed market rate development and the affordable purchased redesigned City Scene was created The project features a community room on site laundry and a large recreation courtyard with BBQ for residents The new apartments have been built utilizing green methods and is LEED Gold for homes certified Multiple solar panels line the roof and there are light wells open air hallways throughout and multiple units feature private balconies The below grade parking lot features special parking for those utilizing sustainable driving methods such as carpooling biking and motorcycles An award winning community this high density project is centrally located and a
City
Scene is
I
v
O
r
rn
M
rn
GARDEN ORANGE
A P A R T M E N T S
c z
Poway
Architect
CA 92064
Rodriguez Associates
Architects
52
Apartments
22 1 bedrooms 620 600 sq ft 2 bedrooms 950 930 sq ft 3 bedrooms 11 90 00 sq ft
26
4
Civil
Engineer Washington
Ave
60San 30
Masson Associates
200 E
Six
2 story
Diego County Area Median Income One 1 story buildings with 80 on grade standard
2 HC
Escondido
CA 92025
parking Parking
248 86
spots allotment 77
accessible
maintenance
General Contractor
sq ft
acre
Allgire
3278
General Contractors
26 units per
Grey
Carlsbad CA 92010
of
4 Low Income
Richman
San
Diego
CA 921 17
1 Orange Garden Apartments is a 52 unit existing apartment complex that began an extensive restoration in September of 2011 The project features 1 2 and 3 bedroom apartments a pool a brand new and furnished community room computer room and onsite parking laundry The community is open to families
and individuals earning 30 60of the
area
median income
new
refurbishing
new
and
renovation of the
landscaping including
new
1 9
appliances Outdoor renovations included complete plumbing systems fencing paint stucco for the entire property addition of solar panels to assist site utilities and a extensive
improvements
Monte Vista
Architect Dahlin Develooment Information Address
240740 Jefferson Ave
rn
M
rn
O
C Z
Group
Murrieta
CA 92562
40
family
10
Washington
Ave
14
Escondido CA
92025
16
General Contractor
Wermers
Companies
California 92122
buildings
parking
spaces 35 covered
Diego
991 87
sq ft site
acre
Landscape Architect
19 units per
Darsono
Design
Diego
CA 92117
COUNTY CITY
OF
OF
RNERSIDE HOME
FUNDS
MURRIETA
Monte Vista II is the second generation development of the highly successful 64 unit Monte Vista Apartments located immediately north of the project site and completed by Affirmed Housing in 2005 Monte Vista II provides an additional 40 units of affordable family housing on the 2 02 acre site at the northeast comer of Jefferson Avenue and Juniper Street and shares amenities with and compliment the existing Monte Vista Apartments Monte Vista II shares a common entry with the existing Monte Vista Apartments and the architecture of the new two story building carports and site improvements blend seamlessly with the existing development Residents of Monte Vista II will enjoy the use of the existing pool and common facilities at the Monte Vista Apartments and a second tot lot and laundry facility available to residents of both projects will be included with the new development Carport roof structures include solar photovoltaic and hot water panels that serve common facilities Solari Inc will manage both projects out of the existing management and leasing office eliminating the need for a manager s unit and allowing 100 of the 40 new units to be rent restricted Developing and managing Monte Vista II as a second phase of the Monte Vista Apartments will reduce capital and operating costs and enable the City of Murrieta to produce additional affordable housing below the cost of a new stand alone development
O
r
rn
M
rn
Development
Partners
Development
Address
Information
O Diego
CA 92101 C Z
Angeles
Architect
73 permanent studios
Architects
715 J San
Bundy
201
Thompson
16 SRO units basement Service kitchen Sub
Street
Diego
Depot
General Contractor
3rd floors interim beds 2
one
one
floor for
woman
300 12th floors permanent studio units 4
Road Suite
Diego
CA 92121
Financing
Sources
Enterprise Community
Partners of Downtown
Diego
Diego Housing
Project
Based
Vouchers
US Bank TCAC
Historic
tax credit
funds
making Connections Housing is a one stop homeless housing development centrally Diego Providing a commercial kitchen development services medical facilities interim housing and permanent housing for the chronically homeless Connections Housing is applauded as the first of its kind Located in historic building originally built in 1928 the building has been gutted and completely refurbished to specifically meet the complex needs of the permanent shelter A 38 million dollar endeavor funding to create this community come in the form of City redevelopment funds project based
located in downtown San
a
Housing
is
very
complex project
To learn more
Connections
Housing
1928
Connections
Housing
2013
300 meals
are
served
daily to tenants
one
stop
service
a
provides
diverse
resume
classes
hygiene
1 st floor primary health clinic Homelessness and health linked and this
are
inextricably
clinic will
comprehensive
housing
men
floor 3
housing offering
has
a
kitchenette
AC unit
fridge private
bathroom
with
an
bed and
wardrobe
complete
O
r
rn
M
rn
O
c Z
1
Diego
CA 92101
Civil
Engineer
Associates
49 Senior units
Masson
200 East
Washington Ave
CA 92025
Escondido
ft sq ft sq
General Contractor
60San Diego County Area Median Income 30 Two 5 story residential 42 Covered
Allgire General
3278
Contractor
Grey
Hawk Ct
buildings
with
underground parking
Carlsbad
CA 92010
parking spots
units per acre
Financing
Sources
San
Diego
CA 92101
9 LIHTC Boston
JP
Capital
Morgan
Chase
El
Solterra is
49 unit senior residence located in downtown EL Cajon 100 affordable Solterra offers quality apartments for persons age 55 years and older A traditional and modern design Solterra blends in seamlessly to the downtown community At the street level commercial space in the south building with awning storefronts face Chambers Street and shaded provide opportunities for new businesses to locate adjacent to a growing downtown Building activity spaces in the north building will front on Linda lined Way and a large community room will open onto the public plaza on Chambers Street Tree sidewalks have been widened to 12 ft on Chambers and 10 ft on Linda Way to be consistent with the s focus on creating walkable communities The residential entry plazas on both buildings create a City welcoming urban front door and courtyard with gardens for the residences above Onsite amenities include a computer lounge onsite laundry gardens for residents to utilize and numerous community lounges for residents to gather There is covered parking on the street level and both buildings spaces have gated parking entries on Linda Way and the alley An owner provided flex car is available to accommodate residents who elect to live a car free lifestyle and residents will have the opportunity to participate in the brand new EAT program a free cooking class providing the Education Access and Tools to healthy affordable cooking
a
C z U
M
l TUS
G R R E N
Architect Development Information Address Smith Martin Residential Inc
CA 90071
70
O
z
Ln
i
0
z
Togawa
Los
Angeles
Angeles family
CA 90012
60
units 15
Drive
15 11 19
40 60 Los
come
Angeles County
Area Median In
BOGC Inc
5610 Scotts Scotts
Valley Valley CA
Dr Suite 405
95066
663 19
Landscape Architect TGP Enterprise
5440 W San Fernando Road
10
Los
Angles
CA 90039
provide 60 apartments consisting of 15 studio 15 1 bedroom and 20 3 bedroom 10 2 bedroom apartments The project provides an outdoor recreation area a community room onsite laundry and onsite parking for 63 vehicles Located on the Bus Rapid Transit line and within walking distance of light rail this transit oriented development will further the goals of the city of Los Angeles in reducing vehicle ownership through pedestrian oriented development Lotus Garden will provide much needed affordable housing to
individuals and families eaming 40 60 of Los Angeles county AMI Featuring a 2200 square foot common room with a full kitchen the property will also feature a computer lab and the management office There will be approximately 4 000 square feet of outdoor open space located on the roof deck of the building for the enjoyment of all the buildings residents Gardening plots and BBQ s as well as a tot lot and passive recreation will afford residents a community gathering area that encourages a on lifestyle With building
two streets and sidewalk
healthy
frontage
improvements fronting
for
area
60 units of affordable
housing
Yale Street this pedestrian friendly development will create families within walking distance of vital family services
on
0
U
D
arbor
12P
0
U
o w
green
n Z
Architect
Torrance
CA
Development Information
Civil
Engineer
Fuscoe
Engineering
Carson CA 90744
16795 Von
Korman
Irvine
CA 92606
family
units
Wermers
Companies
CA 92122
Diego
Design
CA 92117
Raymond
James
Diego
Arbor Green is
a new
construction
consisting of
rates
LEED
gold
certified
Stationed for
36 acre 1
the site will adhere and exceed many green living standards utility lot the community will provide 66 parking spaces three parking spaces will be set aside
or
handicapped
residents
visitors
one
parking
design
expanses of
110
so
glass and cantilevered decks The three story building is the west fagode of the building will feature a distinctive sound wall to
on
rectangular building massing immediately adjacent to the provide a sound barrier that
east
the
development
The
shaped building V
in the outdoor
facing courtyard
and will
essentially
eliminate
freeway noise
community
i
i
C Z M
PASS
Architect Studio E Architects 2258 First Avenue
POINTS
rn
70
O
z
C n
O
Z Development Informalion Address 325 South Santa Fe
General Contractor
warmers 5120 Shoreham Place 150 San Diego CA 92122 Civil Enainee Kettner 151 W Market Street San
Vista CA 92083
69
family
units
3 21 24 21
Diego
CA 92101
Landscape Architect Darsono Design Associates Inc 5014 Mount LaPlatta Drive San Diego CA 92117
pedestrian bridge
Capital
Paseo
Family Housing
level concrete
or
studio
The
21
one
24
two
arranged
by
single
and
podiums creating one four story development located centrally management offices while
the south
community
room
building programming ensuring a quality room library onsite management offices kitchen laundry room and outdoor courtyard with barbeques and adjacent tot lot The tot lot is located conveniently within view of the laundry room and other common areas helping facilitate parental supervision of children at play Additionally a large amount of publicly accessible open space is provided for residents and community members alike can enjoy social gathering and relaxation Paseo Pointe Residences is located within a short walking distance of all necessary amenities notably a mass transit station to help facilitate from the need for vehicle independence ownership living
environment for this
commons
during
community Building
amenities include
computer
w
z
t a e
tools access education
Making public
fundamental
resources
v
0
nutrition
O
rV
skills
and
accessible
income
housing
communities
goals
do Promote
access to
healthy
foods
including
Increase
vegetables 4
participation
In the
Provide that
access
to
public
resources
CaiFresh program Decrease the likelihood of obesity and other diet related chronic diseases in the low income
Teach basic
population
What
our
program consists of
A
4 two hour classes held onslte at the Classes
are
community SNAP
Is the Federal
onusing hands
recipes
s Government
parent
CalFresh
to eat what
they
make in class
navigate
own
cookbooks
J J
Recipe
book
Nutritional Information
a J
0
T T
CA
Allgire General Contractor Civil Engineer Masson Associates Landscape Architect Ivy Landscape
GC
Multifamily
Allgire
General Contractors
City Scene
San Diego CA
31 2 1 3 bedrooms Units
Landscape Architect
Allgire General Contractors Civil Engineer RICK Engineering Landscape Architect DeLorenzo Inc Design
Inc
Ten 229
The bedrooms 86
CA 3 bedrooms
Architect Martinez
Civil
Planning
GC Turner Construction
DeLorenzo Inc
Inc
r c
O
0
w
specializing in affordable housing development Since 1990 Affirmed has successfully developed over
corporation 500 affordable rental and for sale 2 housing units in California and the Atlantic U mid S includes
over
Affirmed
Housing
and homeless
multifamily
at various
apartments each
stages of
development Affordable Housing developments include new construction and rehabilitation of senior special needs and family rentals
Affirmed
Housing Group
in
experience
residential
has
selection engineering architecture construction relocation and marketing We also have extensive knowledge in public finance low
income
housing
tax
tax
exempt bond
financing
over
James
30 years
estate
of experience in the
development and
construction
over
experience
construction as well as acquisition and substantial rehabilitation of California affordable housing apartment complexes s developments include rental and for Affirmed sale communities
new
Current
Affirmed
Housing Group is currently working with several California cities and non profit housing development organizations to identify infill sites for the development of affordable work force special needs and senior housing Typical funding sources
include
LIHTC
INCLUDING HOPWA
Housing Group is dedicated to improving and sustaining the viability of California through the development of well designed and professionally managed affordable housing In reaching this mission of excellence the promotion of neighborhood
communities
Affirmed
Housing Group
responds
to
quality
housing to work force special needs land sustainable building methods and renewable
on
and
escalating
environmental burdens
tenants
TRANSIT
ORIENTED DEVELOPMENTS
Housing Group is proud to be a leader in building sustainable and affordable housing Always unique in design the Affirmed team takes pride fill sites that are located in taking on challenges to develop underutilized in
immediate proximity to
efficient
in
public
amenities
By utilizing
power
progressive
technologies
natural
demands
we conserve
reduce
utilize
rapidly
renewable materials to
to
improve indoor
on
We continue
we
optimize
building
waste
locations
embrace
recycle
to minimize
Whenever
possible
we use
materials and
emerging
technologies