HomeMy WebLinkAboutPost-Meeting Agenda Package - Palm Desert City Council - Special Meeting_Jul18_2024
PALM DESERT CITY COUNCIL
SPECIAL REGULAR MEETING POST-MEETING AGENDA
Thursday, July 18, 2024
3:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library
Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting
allowing public access via teleconference or in person, and up to two Councilmembers may attend
remotely.
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1.
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3.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time
limit. Speakers may utilize one of the three options listed on the first page of the
agenda.
3.a ADOPTION OF A RESOLUTION AUTHORIZING THE LEVY OF A
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1
(UNIVERSITY PARK) FOR FISCAL YEAR 2024-25
4
RECOMMENDATION:
Adopt a Resolution entitled “RESOLUTION OF THE CITY OF PALM
DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK)
FOR FISCAL YEAR 2024-25.”
3.b ADOPTION OF A RESOLUTION AUTHORIZING THE LEVY OF A
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1
(UNIVERSITY PARK) FOR FISCAL YEAR 2024-25
258
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY OF PALM
DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK)
FOR FISCAL YEAR 2024-25.”
4.ADJOURNMENT
City Council Meeting
2
5.PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the
designated office for inspection of records in connection with this meeting is the
Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, and
documents provided to a majority of the legislative bodies are available for
public inspection at City Hall and on the City’s website at www.palmdesert.gov.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to
comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, or in meetings on a regular basis, you
will need special assistance beyond what is normally provided, the City will
attempt to accommodate you in every reasonable manner. Please contact the
Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California
that the foregoing agenda for the Palm Desert City Council was posted on the
City Hall bulletin board and City website not less than 24 hours prior to the
meeting.
/S/ Michelle Nance
Deputy Clerk II
City Council Meeting
3
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: July 18, 2024
PREPARED BY: Veronica Chavez, Director of Finance
REQUEST: ADOPTION OF A RESOLUTION AUTHORIZING THE LEVY OF A
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1
(UNIVERSITY PARK) FOR FISCAL YEAR 2024-25
RECOMMENDATION:
Adopt a Resolution entitled “RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA ,
AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO.
2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25.”
BACKGROUND/ANALYSIS:
The CFD is located in the area north of Desert Willow between Portola and Cook Street, whose
improvements are financed with the proceeds of the CFD’s $50 million and $17.915 million
bonds issued to fund the improvements for streets, infrastructure, water, sewer, park
improvements, and land acquisitions.
Annually, the City Council must approve the levy of the special tax. Staff requests that the City
Council authorize the levy of a special tax to pay for costs and expenses related to this District.
The maximum rate of the special tax for the next fiscal year is attached to the resolution as
Exhibit A. Approval of the resolution will allow the County Auditor to collect taxes as they become
due.
FINANCIAL IMPACT:
The CFD 2005-1 (University Park) bonds are repaid through taxes collected on the respective
parcels located within the boundaries. Approval of the resol ution will allow the parcels to be
levied for the 2024-25 tax year and provide the city with the funds to pay the debt service on a
timely basis.
ATTACHMENTS:
1. Resolution
2. Exhibit “A” – Proposed Special Tax Rates
4
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA,
AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL
YEAR 2024-25
WHEREAS, the City Council of the City of Palm Desert (hereinafter referred to
as the "Agency"), has initiated proceedings, held a public hearing, conducted an election
and received a favorable vote from the qualified electors relating to the levy of a special
tax in a Community Facilities District, as authorized pursuant to the terms and provisions
of the "Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5
of the Government Code of the State of California. Community Facilities Distric t No.
2005-1 shall hereinafter be referred to as "District" and,
WHEREAS, this City Council, by Ordinance as authorized by Section 53340 of
the Government Code of the State of California, has authorized the levy of a special tax
to pay for costs and expenses related to said District, and this City Council intends to
establish the specific rate of the special tax to be collected for the next fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the special tax rates for each tax category to be used to generate
special tax revenues, which will be collected to pay for the costs and expenses for the
next fiscal year (2024-25) for the referenced District, will not exceed the rates as set
forth in the attached, referenced and incorporated Exhibit “A”.
SECTION 3. That the rate as set forth above does not exceed the amount as
previously authorized by Ordinance of this Council, and is not in excess of that as
previously approved by the qualified electors of the District.
SECTION 4. The Special Tax shall be collected in the same manner as ordinary ad
valorem property taxes are collected, and shall be subject to the same penalties,
procedures and sale in case of any delinquency for ad valorem taxes. The Tax Collector
is hereby authorized to deduct reasonable administrative costs incurred in collecting
any said Special Tax.
SECTION 5. Monies above collected shall be paid into the District funds.
SECTION 6. Upon receipt from the County of the final secured tax roll, the special tax
consultant shall determine the special tax levy needed to meet the Special Tax
Requirement, which shall not exceed the rates shown in Exhibit A hereto. The Auditor
of the County is hereby directed to enter in the next County assessment roll on which
taxes will become due, opposite each lot or parcel of land effected in a space marked
"Public Improvements, Special Tax" or by any other suitable designation, the installment
of the Special Tax, and for the exact rate and amount of said tax.
5
Resolution No. 2024-____ Page 2
2
SECTION 7. The County Auditor shall then, at the close of the tax collection period,
promptly render to this Agency a detailed report showing the amount and/or amounts of
such special tax installments, interest, penalties and percentages so collected and from
what property collected, and also provide a statement of any percentages retained for
the expense of making any such collection.
SECTION 8. Special Taxes are to be levied on non-exempt parcels within the District.
Should it be discovered that any taxable parcels are not submitted to the County Auditor
for inclusion into the 2024-25 Tax Roll subsequent to the submittal deadline of August
10, 2024, the City Council directs the City of Palm Desert staff or their agents to bill such
parcels directly via U.S. mail using the rates as determined in Section 6.
ADOPTED ON ________________, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
6
Resolution No. 2024-____ Page 3
3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Desert on _______________________,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
7
Exhibit “A”
Community Facilities District No. 2005-1
(University Park)
Proposed Special Tax Rates
Fiscal Year 2024-25
The following tables summarize the Assigned and the Proposed Special Tax Rates relating to each land
use class.
Zones A – D
LAND USE CLASS SPECIAL TAX RATE
MULTIPLIER
ASSIGNED
SPECIAL TAX RATE
PROPOSED
SPECIAL TAX
RATE (1)
Developed Property
Zone A Per Acre $21,000 $21,000
Zone B Per Acre $27,000 $27,000
Zone C Per Acre $27,000 $27,000
Zone D Per Acre $23,000 $23,000
Undeveloped & Provisional Undeveloped Property
Zone A Per Acre $21,000 $21,000
Zone B Per Acre $27,000 $27,000
Zone C Per Acre $27,000 $27,000
Zone D Per Acre $23,000 $23,000
(1)The Proposed Special Tax Rates to be Levied for Fiscal Year 2024/2025 will not exceed the Assigned Special Tax Rates
described above.
Zone E
LAND USE
CLASS SPECIAL TAX RATE MULTIPLIER RESIDENTIAL
FLOOR AREA
ASSIGNED
SPECIAL TAX
RATE
PROPOSED
SPECIAL TAX
RATE(1)
Single Family
Property Per square foot of Residential Floor Area > 2,300 $1.44 $1.44
Single Family
Property Per square foot of Residential Floor Area 2,300 - 1,725 $1.67 $1.67
Single Family
Property Per square foot of Residential Floor Area < 1,725 $1.38 $1.38
Multifamily
Property Per square foot of Residential Floor Area N/A $1.50 $1.50
Non Residential Per Acre N/A $28,000 $28,000
Undeveloped Per Acre N/A $28,000 $28,000
(1)The Proposed Special Tax Rates to be Levied for Fiscal Year 2024/2025 will not exceed the Assigned Special Tax Rates
described above.
8
CITY OF PALM DESERT
STAFF REPORT
REQUEST: CONSIDERATION OF THE FORMATION OF CITY OF PALM
DESERT COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-1
UNIVERSITY PARK)
SUBMITTED BY: DAVE YRIGOYEN, DIRECTOR OF REDEVELOPMENT/HOUSING
DATE: JANUARY 12, 2006
CONTENTS: RESOLUTION NO. 06- 3
RESOLUTION NO. 06- 4
RESOLUTION NO. 06-
JOINT FACILITIES AGREEMENT
RESOLUTION NO. 06- 6
RESOLUTION NO. 06- 7
RESOLUTION NO. 06- 8
RESOLUTION NO. 06- 9
ORDINANCE NO. 1107
NEGATIVE DECLARATION
Recommendation:
That the City Council adopt the following resolution:
Resolution No. 06-_3__, a resolution of the City Council of the City of
Palm Desert approving the form of a road improvement agreement
relating to Gerald Ford Drive, by and among the City of Palm Desert
and certain property owners.
II. That the City Council reconvene the public hearing regarding the City of
Palm Desert Community Facilities District No. 2005-1 (University Park) (the
University Park CFD"), adopt the following resolution during the public
hearing, and take public testimony regarding the University Park CFD:
Resolution No. 06- 4 , a resolution of the City Council of the City of
Palm Desert modifying the resolution of intention to eliminate certain
facilities from financing by proposed City of Palm Desert Community
Facilities District No. 2005-1 (University Park).
EZ -C !yd 9-'Vi' Ujj4,
9
Staff Report
Consideration of Formation of City of Palm Desert CFD No. 2005-1 (University Park)
Page 2 of 7
January 12, 2006
III. If majority protests are not received prior to the conclusion of the public
hearing, that following the public hearing:
A. That the City Council adopt each of the following resolutions:
1. Resolution No. 06- 5 approving the form of a Joint Community
Facilities Financing Agreement by and among the City of Palm
Desert, the Coachella Valley Water District, and property owners
pertaining to the City of Palm Desert Community Facilities District
No. 2005-1 (University Park);
2. Resolution No. 06- 6 , a resolution of formation of the City Council of
the City of Palm Desert to establish City of Palm Desert Community
Facilities District No. 2005-1 (University Park), to make
environmental findings with respect thereto, to adopt a mitigated
negative declaration in connection therewith, to establish an
appropriations limit therefore, to authorize the levy of a special tax
therein, and to submit the establishment of an appropriations limit
and the levy of a special tax to the qualified electors thereof;
3. Resolution No. 06- 7 , a resolution of the City Council of the City of
Palm Desert to declare the necessity to incur bonded indebtedness
within City of Palm Desert Community Facilities District No. 2005-1
University Park);
4. Resolution No. 06-__a_. a resolution of the City Council of the City of
Palm Desert calling a special election within City of Palm Desert
Community Facilities District No. 2005-1 (University Park).
B. That the City Clerk, who has received from each landowner within the
University Park CFD a Consent and Waiver waiving the timelines under
the California Elections Code (among other things) and consenting to a
special election to be held after the close of the public hearing, conduct
an election in connection with the University Park CFD. Each of the 8
property owners within the University Park CFD, who are the only
qualified electors within the district, receives one vote per acre or portion
thereof that it owns within the University Park CFD.
C. That if more than a 2/3 vote in favor of the ballot propositions is
received, following the results of the election, Council makes a finding
and declaration of the results of the special election by approving the
following resolution:
G \RDA\Mana Hunt\WPDATA\YRIGOYEN\STFRPTS\011206UmversityParkCFD.DOC
10
Staff Report
Consideration of Formation of City of Palm Desert CFD No. 2005-1 (University Park)
Page 3 of 7
January 12, 2006
Resolution No. 06- 9 , a resolution of the City Council of the City of
Palm Desert declaring the results of a special election in City of Palm
Desert Community Facilities District No. 2005-1 (University Park)
and directing the recording of a notice of special tax lien
D. That City Council conduct its first reading of Ordinance No. 1107
authorizing the levy of the special tax within the University Park CFD:
Ordinance No. lim, an ordinance of the City Council of the City of
Palm Desert acting in its capacity as the legislative body of City of
Palm Desert Community Facilities District No. 2005-1 (University
Park) authorizing the levy of a special tax within that district.
Executive Summarv:
Approval of the attached documents is required to form the Mello -Roos Community
Facilities District to fund public infrastructure improvements with the issuance of the
bonds for the University Park CFD, and to provide for the developers' widening and
improvement of the north half of Gerald Ford at their own expense (with possibility of
reimbursement from a future separate CFD, only if formed and to the extent available)
concurrently with their construction and improvement of the south half of Gerald Ford
with University Park CFD bond proceeds.
Backaround:
Staff has been working with the Coachella Valley Water District ("CVWD") and the
developers in the formation of the University Park CFD. If facilities of the CVWD are to
be financed by the University Park CFD, the Mello -Roos Community Facilities Act of
1982 (the "Mello -Roos Act"), requires that a joint community facilities agreement, which
must be approved by resolution, be entered into between the City and the CVWD
providing for the allocation and distribution of the proceeds of the special tax levy
among the parties to the agreement.
The purpose of the University Park CFD will be to provide for the payment for
improvements to serve the property within the CFD, such as streets, sewers, water
systems, well sites (including site land acquisition), storm drains, traffic signals, parks
including acquisition), utilities, Cook Street pedestrian bridge, and landscaping. Other
uses are for various developer impact fees such as the Fringed -Toed Lizard fee, public
works drainage, signals, sewer and water fees, CVAG transportation fees, and Art -in -
Public Places fees. The boundaries of the University Park CFD coincide with the
boundaries of Parcel Map No, 31730, as adjusted, and total acreage of the property
G \RDA\Maria Hunt\WPDATA\YRIG0YEN\STFRPTS\011206UniversttyParkCFD.DOC
11
Staff Report
Consideration of Formation of City of Palm Desert CFD No. 2005-1 (University Park)
Page 4 of 7
January 12, 2006
within the University Park CFD is approximately 266.877 acres. As stated in the
Community Facilities District Report dated December 8, 2005, prepared and filed by
MuniFinancial with the City Clerk prior to the opening of the public hearing on the same
date, the estimated aggregate cost of the facilities to be financed by the University Park
CFD is approximately $57,776,627.
The location of facilities to be financed by the University Park CFD generally includes
the following streets:
Frank Sinatra Drive: from West of Cook Street to College Drive
Cook Street: from Frank Sinatra Drive to Gerald Ford Drive
Portola Avenue: from College Drive to Gerald Ford Drive
Southern half of Gerald Ford Drive: from Portola Avenue to Cook Street
University Park Drive: from College Drive to Cook Street
Technology Drive: from College Drive to Gerald Ford Drive
Pacific Avenue: from College Drive to Gerald Ford Drive
College Drive: from Portola Avenue to Frank Sinatra Drive
In -tract streets
The University Park CFD will finance the improvement of only the south half of Gerald
Ford, but at the City's request, the developers will provide for the concurrent
improvements to both sides of Gerald Ford, in order to minimize the traffic interruptions
and other construction impacts along Gerald Ford. For this purpose, Mike Marix's Palm
Desert North 80, LLC, has entered into an agreement with Tom Hover's Palm Desert
Funding Company, LP, to provide for Hover's construction of the concurrent
improvements to both sides of Gerald Ford, funded by a deposit provided by Mike
Marix. The developer shall provide a performance bond to assure that the project is
completed. The City is a signatory to this agreement to secure the benefit of the
performance bond and also as a requirement of the Mello -Roos Act in order to render
Marix's expenditures for the construction of the north half of Gerald Ford eligible for
reimbursement from a potential future community facilities district encompassing
property north of Gerald Ford, if the Council decides to form such future district. Under
the Mello -Roos Act, the City's agreement to reimburse Marix from such future
community facilities district, if formed, does not and shall not constitute a debt or liability
of the City and is limited to the extent bond proceeds are available from such district.
Pursuant to the California Environmental Quality Act (CEQA), City staff prepared an
Initial Study for the project, which generally consists of formation of the District to
finance the facilities described above. The Initial Study concluded that the project would
not result in any significant adverse environmental impacts with the implementation of
certain mitigation measures. A Mitigated Negative Declaration was prepared and
G\RDAtMana Hunt\WPDATA\YRIGOYEWSTFRPTS\011206Untvers!tyParkCFD.DOC
12
Staff Report
Consideration of Formation of City of Palm Desert CFD No. 2005-1 (University Park)
Page 5 of 7
January 12, 2006
circulated for a 20-day public review and comment period, during which the City
received one comment letter from the Sunline Transit Agency, which discusses
installation of sidewalks in conjunction with the University Park CFD improvements. As
noted on "Exhibit A" to the Initial Study, sidewalks are included within the street
improvements to be financed with proceeds of bonds issued by the University Park
CFD.
Approximately 3 weeks after the close of the public review and comment period, the
City also received one comment letter from the CVWD. The CVWD comment letter
requested further analysis of the effects of the construction of the University Park CFD
facilities upon water quality, discharge, and groundwater; and made inquiries or
corrections as to certain statements found on pages of the General Plan Final
Environmental Impact Report (EIR circulated as SCH #2003051103) (the "General Plan
FEIR") which were included in the Mitigated Negative Declaration to incorporate related
mitigation measures previously approved. Such pages of the General Plan FEIR also
included discussions of potential developmental impacts upon water quality, discharge,
and groundwater. It is recommended that the City Council make the following minor
corrections to the Mitigated Negative Declaration and the Initial Study as follows:
revise items a) and b) under the heading "HYDROLOGY AND WATER
QUALITY" in the Initial Study Checklist to indicate "Less Than Significant
With Mitigation Incorporated" rather than "No Impact;"
amend Section 9 of the Environmental Checklist Discussion within the
Mitigated Negative Declaration to clarify that the drainage facilities and
retention basins required to be constructed as part of the University Park
project, together with the identified and included mitigation measures from
the General Plan FEIR (such as water conservation and landscaping
measures, wastewater, and reclamation), will be implemented and can
mitigate the potential impacts of development on water quality, discharge,
and groundwater resources to less than significant impacts;
Delete from page III-46 (attached from the General Plan FEIR) the
sentence "The Thousand Palms Canyon Wash conveys flows, which
originate north of Indio Hills and along the south -facing slopes of the Little
San Bernardino Mountains."
Add the phrase "and other sources of irrigation water" to the general
mitigation measure under the heading "D" on page III-93 (attached from the
General Plan FEIR), so that the mitigation measure reads as follows: "The
City shall support CVWD's continuation and expansion of groundwater
recharge efforts and use of tertiary -treated wastewater and other sources of
G \RDAWana Hunt\WPDATA\YRIG0YEWSTFRPTS\011206UntversilyParkCFD DOC
13
Staff Report
Consideration of Formation of City of Palm Desert CFD No. 2005-1 (University Park)
Page 6 of 7
January 12, 2006
irrigation water as a means of reducing demand for groundwater
resources."
Pursuant to Section 15073.5(c)(4) of the CEQA Guidelines, no recirculation of the Initial
Study and Mitigated Negative Declaration is required because the information provided
above merely clarifies and makes insignificant modifications to the Initial Study and
Mitigated Negative Declaration.
In further response to CVWD comment numbered 2, no sewer line under Interstate 10 is
contemplated to be funded by the University Park CFD, although sewer connection fees
or other development impact fees payable to the CVWD are eligible for reimbursement
from the University Park CFD, and the CVWD may elect to construct such a sewer line
from its impact fee programs, which are subject to CEQA at a later date. In response to
CVWD comment numbered 7, the Myoma Dunes Mutual Water Company is not
expected to construct any facilities to be funded by, does not own any property within,
and is not expected to be involved in any proceedings for the University Park CFD.
A Mitigation, Monitoring and Reporting Plan setting forth the mitigation measures has
been prepared for the project and is attached as Exhibit "C" to the resolution
establishing the University Park CFD.
Future Actions:
The Council will be asked at a later date to (i) adopt the ordinance providing for the
levying of the special tax and (ii) adopt a resolution(s) to issue bonds and approving
bond documents and an acquisition agreement.
G.\RDA\Mana Hunt\WPDATA\YRIGOYEN\STFRPTS\011206UniversityParkCFD DOC
14
Staff Report
Consideration of Formation of City of Palm Desert CFD No. 2005-1 (University Park)
Page 7 of 7
January 12, 2006
Staff recommends that the findings of the special election be considered, District be
formed, and authorize the issuance of bonds to provide for the construction of regional
public improvements as outlined in the report.
Submitted by:
fDave Yrig
Director o.
DY:RCa`.mh
Approval:
elopment/Housing
eA
Carlos L. G ega, City Manager
Approval:
tij McCarthy
ACM RedeveloD
v
Paul Sfdibsorf:,Virector-o--fnnance
G \RDAWana Hunt\WPDATA\YRIGOYEMSTFRPTS\011206UniversityParkCFD DOC
15
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING THE FORM OF A ROAD IMPROVEMENT
AGREEMENT RELATING TO GERALD FORD DRIVE, BY AND AMONG
THE CITY OF PALM DESERT AND CERTAIN PROPERTY OWNERS
RECITALS:
WHEREAS, in accordance with a request set forth in a petition signed by the
owners of certain land proposed for inclusion in a proposed community facilities district
the "Petitioning Landowners"), the City Council (the "City Council") of the City of Palm
Desert, California (the "City"), has previously adopted a resolution entitled "A Resolution
of Intention of the City Council of the City of Palm Desert to Establish City of Palm
Desert Community Facilities District No. 2005-1 (University Park) and to Authorize the
Levy of a Special Tax within City of Palm Desert Community Facilities District No. 2005-
1 (University Park)" (the "Resolution of Intention to Establish DistricY') stating its
intention to conduct proceedings to form City of Palm Desert Community Facilities
District No. 2005-1 (University Park) (the "University Park CFD") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended, commencing with Section 53311
of the California Government Code (the "AcY') to finance certain public facilities to serve
the University Park CFD (the "Facilities"); and
WHEREAS, a copy of the Resolution of Intention to Establish District setting forth
a description of the proposed boundaries of the University Park CFD, the Facilities to be
financed by the University Park CFD, including incidental expenses, and the rate and
method of apportionment of the special tax proposed to be levied within the University
Park CFD is on file in the office of the City Clerk of the City; and
WHEREAS, included among the Facilities proposed to be financed by the
University Park CFD are certain improvements to the south half of Gerald Ford Drive
the "South Road Improvements") necessary to serve the property within the proposed
University Park CFD; and
WHEREAS, Palm Desert Funding Company, LP, a Delaware limited partnership
the "South Owner"), is one of the Petitioning Landowners and will be constructing, or
causing the construction of, the South Road Improvements; and
WHEREAS, Palm Desert North 80, LLC, a California limited liability company
the "North Owner"), is the owner of certain real property located in the City and along
the north side of Gerald Ford Drive (the "North Property"), but located outside of the
University Park CFD and not subject to the proposed levy of special taxes within the
University Park CFD; and
WHEREAS, the North Owner intends to develop the North Property and
acknowledges that such development of the North Property will require the widening of,
1
W\Agenda Items\2006-Jan 12\Univ Park CFD No 2005-1\Resolu6on Approving Road Improvement Agreement(Palm Desert CFD 2005-1)DOC
1'G-IO I.IOi2\8G IOO.2
16
and other improvements to, the north side of Gerald Ford Drive (the "North Road
Improvements") along the portion thereof that is contiguous with the North Property; and
WHEREAS, the City desires, in order to minimize traffic interruptions and other
construction impacts along the portion of Gerald Ford Drive bordered by the University
Park CFD and the North Property, that the South Road Improvements and the North
Road Improvements be constructed and completed concurrently; and
WHEREAS, funds of the University Park CFD, if formed, are not, and will not be,
available to finance the North Road Improvements; and
WHEREAS, the North Owner intends to petition the City to form a separate
community facilities district encompassing the North Property (the "Proposed North
CFD") pursuant to the Act to finance certain public facilities to serve the North Property,
including the North Road Improvements; and
WHEREAS, the North Owner has agreed to pay for the North Road
Improvements, and South Owner has agreed to construct the same concurrently, and in
connection with, South Owner's construction of the South Road Improvements; and
WHEREAS, Section 53314.9 of the Act permits the City Council, at any time
before or after the formation of the Proposed North CFD, to accept advances of work in-
kind, such as the North Road Improvements, from any private entity, such as the South
Owner and the North Owner, provided any such work in-kind shall have been performed
or constructed as if the work had been performed or constructed under the direction and
supervision, or under the authority of, the City; and
WHEREAS, Section 53314.9 of the Act also provides that, pursuant to an
agreement approved by resolution, the City may agree to reimburse to the North Owner,
solely from available funds of the Proposed North CFD, if formed, the value or cost,
whichever is less, of the work in-kind, as determined by the City Council, and under the
Act any such agreement shall not constitute a debt or liability of the City; and
WHEREAS, in accordance with Section 53314.9 of the Act, the form of a Road
Improvement Agreement by and among the City, the South Owner, and the North
Owner (the "Road Improvement AgreemenY'), has been presented to this City Council
for its consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. A proval of Road Improvement Aareement. The form of Road
Improvement Agreement as presented to this City Council and on file with
the City Clerk is hereby approved. The Mayor is hereby authorized and
directed to execute and deliver the Road Improvement Agreement
2
W\Agenda Items\2006-Jan 12\Univ Park CFD No 2005-1\Resolu6on Approving Road Improvement Agreement(Palm Desert CFD 2005-1)DOC
1'G-IO I.IOi2\8G IOO.2
17
substantially in the form on file with the City Clerk and presented to this
meeting, with such additions thereto or changes or insertions therein as
may be approved by the Mayor (such approval to be conclusively
evidenced by such execution and delivery).
PASSED AND ADOPTED this 12th day of January, 2006, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Jim Ferguson, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
W\Agenda Items\2006-Jan 12\Univ Park CFD No 2005-1\Resolu6on Approving Road Improvement Agreement(Palm Desert CFD 2005-1)DOC
1'G-IO I.IOi2\8G IOO.2
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ROAD IMPROVEMENT AGREEMENT
THIS ROAD IlVII'ROVEMENT AGREEMENT(this"Agreement") is entered into as of
by and among PALM DESERT FUNDTNG COMPANY, LP, a Delaware
limited partnership("South Owner"), PALM DESERT NORTH 80, LLC, a California limited
liability company("North Owner"), and the C1TY OF PALM DESERT, a California municipal
corporation("City"), with respect to the following:
RECITALS:
WHEREAS, South Owner is the owner of certain real property in the City of Palm Desert,
County of Riverside, State of California, which property is located on the south side of Gerald Ford
Drive as depicted on Exhibit A attached hereto and more particularly described on Exhibit B
Attached hereto (the"South Property").
WHEREAS, North Owner is the owner of certain real property located in the City of Palm
Desert, County of Riverside, State of California, which property is located on the north side of
Gerald Ford Drive as depicted on Exhibit C attached hereto and more particularly described on
Exhibit D attached hereto (the"North Property").
WHEREAS, Desert Wells 237, LLC, a California limited liability company("Desert
Wells"), and Albor Properties III, L.P., a California limited partnership("Albor"), are owners of
certain real property in the City of Palm Desert, County of Riverside, State of California, which
property is located on the south side of Gerald Ford Drive as depicted on Exhibit A attached hereto
and more particularly described on Exhibit 1 attached hereto(the"DW/AB Property").
WHEREAS, South Owner has options to purchase, among other things, the DW/AB
Property from Desert Wells and Albor pursuant to(a)that certain Option Agreement dated as of
June 23, 2005, executed by South Owner and Desert Wells (the"DW Option"), and(b)that certain
Option Agreement dated as of June 23, 2005, executed by South Owner and Albor(the
AB Option" and together with the DW Option, the"Option Agreements").
WHEREAS, South Owner intends to purchase the DW/AB Property pursuant to the Option
Af;reements, with the closing thereof projected to occur in early 2006(the"Closing").
WHEREAS, in connection with South Owner's proposed development of the South
Property(the"South Development"), City is requiring South Owner to widen and otherwise
improve the south side of Gerald Ford Drive along the portion thereof that is contiguous with the
South Property(the"South Improvements").
WHEREAS, in connection with the South Development and at the request of South Owner,
City has commenced proceedings to form a community facilities district("CFD")pursuant to the
Mello-Roos Community Facilities Act of 1982 (California Government Code Sections 53311, et
seq.) (the "Act"), affecting the South Property(the"South CFD"), and if the South CFD is formed,
the special taxes to be levied by the South CFD would to be used to secure bonds expected to be
issued by the South CFD, the proceeds of which would, in part, to pay for the South Improvements.
854782.9
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WHEREAS, North Owner intends to develop the North Property(the"North
Development"), and acknowledges that the North Development will require the widening of, and
other improvements to, the north side of Gerald Ford Drive along the portion thereof that is
contiguous with the North Property (the"North Improvements").
WHEREAS, City desires, in order to minimize traffic interruptions and other construction
impacts along the portion of Gerald Ford Drive bordered by the South Property and the North
Property, that the South Improvements and the North Improvements be constructed and completed
concurrently.
WHEREAS, notwithstanding the fact that(a)the NoRh Development is not imminent; (b)a
CFD encumbering the North Property(the"North CFD") has not been formed to provide funds to
pay for, among other things, the North Improvements; and(c) funds of the South CFD are not, and
will not be, available to pay for the North Improvements,North Owner has agreed to pay for the
North Improvements and South Owner has agreed to construct the same concurrently, and in
connection, with its construction of the South Improvements, upon the terms, and subject to the
conditions, set forth herein.
AGREEMENT:
NQW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and suf ciency of which are hereby acknowledged, the parties
hereto agree as follows:
1.Incorporation. The preamble and recitals of, and the exhibits ariached to, this
Agreement are hereby incorporated into, and made a part of, this Agreement.
2.Obli;ations of South Owner. South Owner shall:
2.1 Complete the design of, and plans and specification for, the North
Improvements and the South Improvements(collectively, the"Improvements") as provided in
Section 4.
2.2 Provide North Owner with the opportunity to review and approve the design
of, and plans and specifications for,the North Improvements prior to the submission thereof for
approval by City.
2.3 Once approved by North Owner in accordance with Section 2.2, which
approval shall not be unreasonably withheld, process the design of, and plans and specification for,
the Improvements for approval by City and any other applicable governmental entities in order to
obtain all permits necessary for the construction of the Improvements(the"Permits").
2.4 Once the design of, and plans and specifications for, the Improvements have
been approved by City and any other applicable governmental entities(the"Improvement Plans")
and the Permits have been obtained, provide a copy ofthe Improvement Plans and the Permits to
North Owner.
xsa A2.9 2
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2.5 Complete materials to solicit bids from contractors to construct the
Improvements in accordance with the Improvement Plans and the Permits(the"Improvement
Work").
2.6 Provide North Owner with the opportunity to review and approve all bid
materials for the Improvement Work prior to the issuance thereof.
2.7 Once approved by North Owner, issue all bid materials for the Improvement
Work and provide North Owner with a copy of each bid received in response thereto.
2.8 Provide North Owner with the opportunity to review and approve all
contracts for the performance of the Improvement Work prior to the execution thereof.
2.9 Once approved by North Owner, execute and enforce all contracts for the
performance of the Improvement Work(the"lmprovement Contracts").
2.10 After the formation of the South CFD by the City Council of City(the"City
Council"), but prior to the(a)adoption by the City Council of an ordinance authorizing the levy of
special taxes within the South CFD(the"Ordinance") and(b)commencement of the construction
of the North Improvements(the"Pre-Ordinance Period"), obtain and deliver(or cause to be
obtained and delivered)to City a performance bond (at North Owner's cost and expense as set forth
in Section 3.2 and subject to Section 3.4) in the amount of Two Million Dollars($2,000,000) for the
constnzction of the North Improvements(the"Performance Bond"), issued by a company and in a
form reasonably acceptable to, and for the benefit of, City; provided, however, that after the City
Council's adoption of the Ordinance and after the execution of the Improvement Contracts for the
construction of the North Improvements, South Owner may obtain and deliver to City, and City
shall accept, a replacement performance bond(the"Replacement Performance Bond") issued by
a company and in a form reasonably acceptable to, and for the benefit of, City and in an amount
equal to the value of the Improvement Contracts for the construction of the North Improvements
the"North lmprovements Costs"). Promptly after its receipt of the Replacement Performance
Bond, City shall return the Performance Bond to South Owner. In additioq if the South CFD does
not issue bonds by December 31, 2006, City shall promptly thereafter return the Performance Bond
or the Replacement Performance Bond, as applicable, to South Owner. Promptly after the North
Improvements have been completed in a lien-free manner and otherwise in accordance with this
Agreement and the "License" (as defined below), City shall return the Performance Bond or the
Replacement Performance Bond, as applicable, to South Owner to the extent the same was not
used therefor. South Owner and North Owner represent to City that the current estimate of the
North Improvements Costs(excluding contingency and management fees) is One Million Four
Hundred Forty-Six Thousand Eight Hundred Twenty-One Dollars ($1,446,821) as shown in
Exhibit E attached hereto, and that the amount of the Performance Bond is therefore expected to
be adequate to cover North Improvements Costs as well contingency and management fees.
2.11 Prior to the commencement of the construction of the North Improvements,
deliver to North Owner a Temporary Access and Construction License in substantially the form
attached hereto as Exhibit F (the"License"), executed by South Owner.
854782.9 3
21
2.12 Provide North Owner(promptly after South Owner's receipt of the
following)with(a) an invoice for the premium for the Performance Bond and Replacement
Performance Bond(if applicable); (b) all invoices for the preparation of the lmprovement Plans and
issued pursuant to the Improvement Contracts in connection with the design and construction,
respectively, ofthe North Improvements; and (c) paid receipts for the Permits obtained for the
North Improvements.
2.l3 Complete the Improvement Work within nine(9) months following the later
of: (a) issuance of the bonds by the South CFD; or(b) issuance of the Improvement Plans
provided, however,that if the issuance of the Improvement Plans is unreasonably delayed by South
Owner, then the Improvement Work shall be completed within nine(9) months following the date
reasonably determined by City that the Improvement Plans could have been issued but for such
unreasonable delay by South Owner).
3.Obli ations of North Owner. North Owner shall:
3.1 During the Pre-Ordinance Period, deliver to City an Irrevocable Offer of
Dedication in substantially the form attached hereto as Exhibit G (the "Offer"), executed by
North Owner together with either of the following, at North Owner's discretion: (a) from the
holder of any monetary lien encumbering the North Property, an executed and acknowledged
Consent and Subordination (the form of which is attached to the Offer) for the purpose of
subordinating any monetary lien encumbering the North Property, or(b) reasonable assurances
from Stewart Title of California, Inc. that title to the property that is subject to the Offer will be
conveyed to City free and clear of any monetary liens. Notwithstanding the foregoing, City shall
not record or accept the Offer until the issuance of bonds by the South CFD, and City shall
promptly and unconditionally return the Offer to North Owner and release North Owner from all
obligations thereunder if the South CFD does not issue bonds by December 31, 2006.
3.2 In the event South Owner and/or its contractor for the North Improvements
is unable to obtain and deliver the Performance Bond pursuant to Section 2.l0, and South Owner
provides written notification to North Owner thereof, deliver, or cause to be delivered, the
Performance Bond within a reasonable time following its receipt of such notice.
3.3 Within ten(10)business days after South Owner provides any materials
described in Sections 2.2, 2.5 and 2. 7, provide South Owner with a reasonably detailed description
of any aspect thereof that is not reasonably acceptable to North Owner(an"Unacceptable Notice");
provided, however, that North Owner shall be deemed to have approved any such materials for
which an Unacceptable Notice is not provided and all other aspects of any such materials that are
not described in detail in an Unacceptable Notice;provided further, however, that North Owner
shall be deemed to have approved any such materials for which an Unacceptable Notice is provided
if such materials are revised to eliminate the aspects thereof that were not reasonably acceptable to
North Owner as described in detail in the Unacceptable Notice.
3.4 Within twenty(20)business days after South Owner provides an invoice for
the preparation of the Improvement Plans in connection with the design of the North Improvements
or an invoice for the premium for the Performance Bond, pay the amount thereof directly to the
party that issued the same, and provide evidence of such payment to South Owner.
854782.9 4
22
3.5 Within twenty(20)business days after South Owner provides a paid receipt
for the Permits obtained for the North Improvements, reimburse South Owner for the amount
thereof.
3.6 Reasonably cooperate with South Owner in the process of obtaining the
Improvement Plans and the Permits.
3.7 Prior to the commencement of the construction of the North Improvements,
deliver to South Owner the License executed by North Owner.
3.8 After(a)the earlier of Closing or March 15, 2006, and(b)North Owner's
receipt of the Improvement Contracts, and prior to the commencement of the construction of the
North lmprovements, deposit cash or a letter of credit in an amount not less than the North
Improvements Cost into the"North Improvements Account" (as defined below), and provide
evidence of such deposit to South Owner and City.
4.Improvement Plans. South Owner shall direct RBF Consulting ("RBF") to
prepare the design of, and plans and specification for, the Improvements, which shall include the
following: (a) engineering plans and specifications; (b) grading plans; (c) drainage plans;
d) geology and soils reports; and (e) environmental mitigation and remediation plans, if required
by law, regulation or any Governmental authority; provided, however, that North Owner and/or
South Owner shall not be required to use its or their, as applicable, property to mitigate or
remediate environmental matters occurring on any other property). South Owner shall also
direct RBF to prepare a time schedule for the completion of the Improvement Plans and the
completion of the Improvement Work based upon the Improvement Plans, which shall include the
following: (i)the anticipated date for obtaining the Improvement Plans and the Permits
including the anticipated dates for completion and approval of any environmental impact report,
assessment or declaration required by law); and (ii) the anticipated date for completion of each
major item of construction in connection with the Improvement Work(including the anticipated
date for remediation (including re-seeding and re-vegetation) of the South Property and the
North Property); provided, however, that the Improvement Plans shall not require any re-
seeding, re-revegetation or other landscaping or landscaping-related work north of the northern
sidewalk of Gerald Ford Drive. South Owner shall also direct RBF to process modifications of
the foregoing in order to incorporate comments from South Owner and North Owner, and other
changes required by City, in order to obtain the Improvement Plans and the Permits.
5.Bank Account. South Owner shall open a deposit account with Rabobank in Palm
Desert, California(the"North Improvements Account"), into which North Owner shall deposit
cash or a letter of credit as provided in Section 3.8. For tax purposes, any interest that accrues on
the funds in the North Improvements Account shall be credited to North Owner; provided, however,
that any such interest shall remain, and become part of the funds, in the North Improvements
Account. The funds in the North Improvements Account shall be used exclusively to pay for the
North Improvements; provided, however, that any funds remaining in the North Improvements
Account after City accepts the Offer shall be immediately returned to North Owner without the
necessity of any other action by any other party. In the event North Owner does not, within twenty
20) business days after receipt from South Owner of an invoice issued pursuant to the
Improvement Contracts in connection with the construction of the North Improvements, provide
xsa z.9 5
23
South Owner with evidence that it has paid such invoice directly to the party that issued the same
from the funds in the North Improvements Account(or otherwise), then South Owner shall have the
right to pay such invoice directly to the party that issued the same from the funds in the North
Improvements Account.
6.Payment and Reimbursement of Costs. All costs and expenses incurred in
connection with the North lmprovements, including the North Improvements Costs, shall be the
sole responsibility of North Owner; provided, however, that City acknowledges and agrees that
such costs and expenses will be taken into account in the formulation and establishment of the
North CFD (the "Reimbursable Costs and Expenses").
6.1 South Owner shall construct, and North Owner shall permit South Owner
to construct, the North Improvements as if they had been constructed under the direction and
supervision or under the authority of City. City's acceptance of title to the North Improvements
shall be deemed City's acceptance of an advance of a work in-kind pursuant to Section 53314.9
of the Act. To that end, and in connection with the construction of the North Improvements,
South Owner agrees to comply with (a) all public bidding and contracting requirements of City
as described in Exhibit H attached hereto and California Government Code Sections 3300, 3400,
6109, and 6610; (b) the provisions of California Labor Code Sections 1720, et seq. with respect
to the payment of prevailing wages, and (c) all payment bonding requirements of the California
Civil Code, including providing a payment bond in conformity with California Civil Code
Sections 3247 and 3248 (the"Payment Bonds"). Provided that(i) fifteen (15) days have passed
after the later of(l)the expiration of the applicable statutory period in which any person or
entity may bring suit against the Payment Bonds as set forth in California Civil Code
Sections 3239 or 3249, or(2)the expiration of the applicable statutory period in which any
person or entity may record a lien in connection with the North Improvements pursuant to
California Civil Code Sections 3115 or 3116, and (ii) no such suit or lien has been filed at such
time, City shall deliver to South Owner, promptly after City's receipt of a request from South
Owner, a letter confirming that the Payment Bonds are no longer required to be maintained in
full force and effect.
6.2 If the North CFD is formed and issues bonds, City shall cause the North
CFD to reimburse North Owner for the Reimbursable Costs and Expenses from the proceeds of
such bonds that are deposited in a project or construction fund (regardless of the name of such
fund), but only to the extent (a) such proceeds are available and (b} the Reimbursable Costs and
Expenses are reimbursable therefrom, it being acknowledged and agreed by North Owner and
South Owner that the proceeds of bonds issued by the South CFD may not be used to reimburse
North Owner for the Reimbursable Costs and Expenses to the extent the same were incurred
pursuant to an Improvement Contract with a person or entity affiliated or otherwise related to
North Owner or South Owner. Pursuant to Section 53314.9 of the Act, North Owner and South
Owner acknowledge and agree that City's agreement to cause the North CFD to reimburse North
Owner for the Reimbursable Costs and Expenses pursuant to this Section 6 does not, and shall
not, constitute a debt or liability of City.
6.3 Pursuant to Section 53314.9 of the Act, if(a) any funds are advanced by
North Owner directly to City for the construction of the North Improvements (the"Advanced
Funds") and (b) the qualified electors of the North CFD do not approve (i) the proposed special
sa z.y 6
24
tax to be levied within the North CFD or(ii) a change in such special tax required to finance the
North Improvements, then City shall return the Advanced Funds to North Owner to the extent
the same have not been used by City to pay for the construction of the North Improvements by
the time of the corresponding election. Notwithstanding the foregoing, North Owner and South
Owner acknowledge and agree that no Advanced Funds are required or contemplated by this
Agreement.
7.Insurance. South Owner shall not commence construction of the Improvements
until it has provided evidence, in form and substance satisfactory to the City's Risk Manager,
that it has secured all insurance required under this section. Prior to the commencement of the
construction of the Improvements, and all times while the Improvement Work is being performed,
South Owner shall maintain, or cause"Contractor" (as defined below) to maintain, the following
insurance:
7.1 Workers' Compensation Insurance—complying with all applicable
statutory requirements; and Employers' Liability Insurance— minimum limit of$1,000,000 per
occurrence; both coverages to apply to liability as applicable under any state or federal statute or
through any common law process.
7.2 Business Automobile Liability Insurance (including owned, non-owned
and hired vehicles) — combined bodily/personal injury, death and property damage— minimum
limit of$1,000,000 per occurrence.
7.3 Commercial General Liability Insurance (including contractual coverage)
combined bodily/personal injury, death and property damage— minimum limit of$2,000,000
per occurrence.
7.4 Professional Liability Insurance—errors and omissions liability insurance to
be procured and maintained by RBF and any other engineers or design professionals with respect to
the Improvement Work, for a period of five(5)years following completion of the applicable
Improvement Contract—minimum limit of$1,000,000 per occurrence.
7.5 All policies of insurance obtained pursuant to this Section 7 shall (a) be
issued by a company authorized to do business in the State of California with a minimum "Best's
Insurance Guide rating of"A-:VI;" (b) name North Owner as an additional insured; (c) name
City and the South CFD as additional insureds, and, if obtainable after the South Owner's use of
commercially reasonable efforts, the respective consultants of City and the South CFD, and each
of their directors, boardmembers, councilmembers, officers, officials, employees, agents, and
volunteers (including independent contractors who serve as City's or South CFD's officer or
officials) (collectively, the "City Personnel") as additional insureds; (d) provide that the
insurance therein is primary and not in excess of, or contributory with, other insurance held by
North Owner and/or City; (e) include an endorsement to City eliminating any deductibles or self-
insured retentions relating to City, the South CFD, and, if named as additional insureds pursuant
to Section 7.5(c), City Personnel; ( contain a waiver of subrogation in favor City, the South
CFD, and, if named as additional insureds pursuant to Section 7.5(c), City Personnel, with
respect to coverage for workers' compensation and employers' liability; (g) contain a provision
providing that such insurance shall not be suspended, voided, reduced, materially changed, or
854782.9
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cancelled without thirty (30) days' prior written notice by certified mail, return receipt requested,
to North Owner, City, and the South CFD; and (h) contain a provision providing that any failure
to comply with reporting or other provisions of the policy, including breaches of warranties, shall
not affect coverage provided to City, the South CFD, and, if named as additional insureds
pursuant to Section 7.5(c), City Personnel; provided, if after the use of commercially reasonable
efforts, South Owner is not able to obtain a policy of insurance required hereunder naming the
City Personnel as additional insureds, upon City's request, South Owner shall provide City with
documentation satisfactory to the City's Risk Manager evidencing South Owner's efforts to
obtain the same.
8.Indemnitv. South Owner agrees to indemnify, defend (with counsel reasonably
approved by North Owner, City and the South CFD, as applicable) and hold harmless North
Owner and its members, partners and their members, partners shareholders, partners, officers,
employees and agents (collectively, the"North Owner Parties") and City, the South CFD, and
their respective consultants, and each of their directors, boardmembers, councilmembers,
officers, officials, employees, agents, and volunteers (including independent contractors who
serve as City's or South CFD's officer or o icials) (collectively, the"City Indemnified
Parties"), from any claim, cause of action, demand, cost, expense, loss, damage, penalty or fine
incurred in connection with the Improvement Work andlor arising from the obligations of South
Owner hereunder, except to the extent that the same are caused by the gross negligence or willful
misconduct of the North Owner Parties or the City Indemnified Parties. North Owner agrees to
indemnify, defend (with counsel reasonably approved by City and the South CFD, as applicable)
and hold harmless the City Indemnified Parties, from any claim, cause of action, demand, cost,
expense, loss, damage, penalty or fine arising solely from the failure of North Owner to perform,
wholly or in part, its obligations hereunder, except to the extent that the same are caused by the
gross negligence or willful misconduct of the City Indemnified Parties. The foregoing
indemnification obligations shall survive until such time as all such potential claims, causes of
action, demands, costs, expenses, losses, damages, penalties or fines shall have been barred by
applicable statutes of limitations.
9.No Obligation to Form South CFD or North CFD. North Owner and South Owner
acknowledge and agree that the decisions of the City Council to form the South CFD and/or the
North CFD, to include any particular improvement or facility among the improvements and
facilities to be financed by the South CFD or the North CFD, or to cause the South CFD or the
North CFD to issue bonds, is a legislative action, and City may not enter into an agreement to
obligate the City Council to exercise its legislative discretion in a particular manner or for a
particular result. This Agreement does not, therefore, in any way create a contractual, legal or
equitable obligation of, or commitment by, City to approve the formation of the South CFD
and/or the North CFD, to cause the South CFD or the North CFD to issue bonds, or to construct,
or cause the construction of, any improvements or facilities, including the Improvements.
Nothing contained herein shall be deemed to limit the discretion of City in that regard, and City
shall have no liability to South Owner or North Owner if the South CFD or the North CFD is not
formed, if the special taxes or bonds thereof are not authorized by the qualified electors within
the South CFD or the North CFD or if bonds are not issued by the South CFD or the North CFD.
8547829 g
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10. Miscellaneous.
10.1 Term. This Agreement shall automatically terminate upon the earlier of
a)the third (3`
d) anniversary of the date hereof or(b)within 30 days after the completion of the
Improvement Work as such completion may be evidenced by, among other things, a Notice of
Completion from the City.
10.2 Successors and Assi. This Agreement shall bind and inure to the
benefit of the parties and their respective successors and assigns; provided, however, that South
Owner shall not have the right to assign its rights or obligations hereunder without the consent of
North Owner, which shall not be unreasonably withheld, delayed or conditioned; provided
further, however, that South Owner may, without the consent of North Owner, hire one or more
third-party contractors to perform all or a portion of the Improvement Work ("Contractor").
North Owner and South Owner acknowledge that City is a party to this Agreement and agree that
as such, City shall have the right to enforce the rights and obligations of North Owner and South
Owner hereunder.
10.3 Notices. Any notice, request, direction, demand, consent, waiver,
approval or other communication required or permitted to be given hereunder shall not be
effective unless it is given in writing and shall be delivered (a) in person, (b) by certified mail,
postage prepaid, return receipt requested, (c)by facsimile, or(d)by a commercial overnight
courier that guarantees next day delivery and provides a receipt, and addressed to the parties at
the addresses stated below, or at such other address as either party may hereafter notify the other
in writing as aforementioned:
To North Owner: Palm Desert North 80, LLC
5005 Calle San Raphael, Suite B-1
Palm Springs, California 92264
Attention: Mr. Michael Marix
Facsimile: (760) 778-4417
With a copy to:Reed Smith LLP
355 South Grand Avenue, Suite 2900
Los Angeles, California 90071
Attention: Thomas L. Harnsberger, Esq.
Facsimile: (213) 457-8080
To South Owner: Palm Desert Funding Company, LLC
c/o Hover Development Company, Inc.
3 Civic Plaza, Suite 215
Newport Beach, California 92660
Attention: Mr. Tom Hover
Facsimile: (949) 644-7620
854782.9
27
With a copy to:Law Offices of Kent G. Snyder
2212 Dupont Drive, Suite B
Irvine, California 92612
Attention: Kent G. Snyder, Esq.
Facsimile: (949) 833-8209
To City: City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attention: City Manager
Facsimile:
With a copy to: Richards, Watson & Gershon
355 South Grand Avenue, 40'Floor
Los Angeles, California 90071-3101
Attention: Owen P. Gross, Esq.
Facsimile: (213) 626-0078
Service of any such notice or other communications so made shall be deemed effective on
the day of actual delivery(whether accepted or refused)as evidenced by confirmed answerback if
by facsimile (provided that if any notice or other communication to be delivered by facsimile is
unable to be transmitted because of a problem affecting the receiving party's facsimile machine, the
deadline for receiving such notice or other communication shall be extended through the next
business day), as shown by the addressee's return receipt if by certified mail, and as confirmed by
the courier service if by courier; provided, however, that if such actual delivery occurs after 5:00
p.m. (local time where received)or on a non business day, then such notice or demand so made
shall be deemed effective on the first business day following the day of actual delivery. No
communications via electronic mail shall be effective to give any notice, request, direction, demand,
consent, waiver, approval or other communications hereunder.
10.4 Interpretation. All section headings are inserted for convenience only and
shall have no effect on the construction or interpretation of this Agreement. The neuter gender
includes the feminine and masculine, and singular numbers include plural numbers. Each party
acknowledges that such party and its counsel, after negotiation and consultation, have reviewed
and revised this Agreement. As such, the terms of this Agreement shall be fairly construed and
the usual rule of construction, to the effect that any ambiguities herein should be resolved against
the drafting party, shall not be employed in the interpretation of this Agreement. The words
shall" and "will" are interchangeable, each imposing a mandatory obligation on the party to
whom such verb applies. The words"herein," "hereof," "hereunder," "hereby," "this
Agreement" and other similar references shall be construed to mean and include this Agreement
and all amendments and supplements hereto unless the context shall clearly indicate or require
otherwise. Whenever the words "including," "include" or"includes" are used in this Agreement,
they shall be interpreted in a non-exclusive manner. Except as otherwise indicated, all exhibit
and section references in this Agreement shall be deemed to refer to the exhibits of and sections
in this Agreement.
8547A2.9 10
28
10.5 Partial Invaliditv. Each and every provision of this Agreement is, and
shall be construed to be, a separate and independent covenant and agreement. If any provision of
this Agreement, or the application thereof, shall to any extent be held to be invalid or
unenforceable, the remainder of this Agreement, or the application of such provision to
circumstances other than those to which it is invalid or unenforceable, shall not be affected
hereby, and each provision of this Agreement shall be valid and shall be enforced to the extent
permitted by law.
10.6 A nlicable Law; Attorne,L' Fees. The laws of the State of California
shall govern the interpretation and enforcement of this Agreement. Should a legal action be
brought by a party by reason of a default hereunder or to enforce any provision hereof, the
prevailing party in such action shall be entitled to reasonable attorneys' fees, court costs, and
other litigation expenses including expenses incurred for preparation and discovery. The
entitlement to recover such fees, costs and expenses shall accrue upon the commencement of the
action regardless of whether the action is prosecuted to final judgment.
10.7 Further Assurances. The parties shall execute and deliver any and all
additional documents and other assurances, and shall do any and all other acts and things,
reasonably necessary to carry out the purposes of, and the intent of the parties under, this
Agreement.
10.8 Modifications. All modifications of, or amendments to, this Agreement
shall be in writing and signed by the parties.
10.9 Prior Agreements. This Agreement contains all of the agreements of the
parties with respect to the transaction contemplated hereby, and no prior agreements, including
that certain Road Improvement Agreement dated October 3, 2005, executed by South Owner and
North Owner(which shall be deemed terminated and of no further force or effect and otherwise
superseded in its entirety by this Agreement), or understandings pertaining to any such
transaction shall be effective for any purpose.
10.10 Counterparts. This Agreement may be executed in any number of
counterparts, each of which, when executed and delivered, shall be deemed to be an original, and
all of which, taken together, shall be deemed to be one and the same instrument.
10.11 Arbitration of Disputes. ANY DISPUTE UNDER THIS AGREEMENT
SHALL BE BROUGHT 1N RIVERSIDE COUNTY, CALIFORNIA, AND SHALL BE
DECIDED BY BTNDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION
RULES OF THE JUDICIAL ARBITRATION AND MEDIATION SERVICES ("JAMS")
BEFORE AN ARBITRATOR SELECTED FROM THE RETIRED JUDGES PANEL OF THE
ARBITRATORS OF JAMS. IN ADDITION TO THE JAMS RULES, THE PARTIES AGREE
THAT THIS AGREEMENT SHALL BE SUBJECT TO THE DISCOVERY PROVISIONS OF
THE CALIFORNIA CODE OF CIVIL PROCEDURE ("CCP"), INCLUDING CCP
SECTION 1283.05. THE FEE PAYABLE TO JAMS TO INITIATE THE ARBITRATION
SHALL BE REMITTED BY THE REQUESTING PARTY; PROVIDED, HOWEVER, THAT
THE COSTS OF ARBITRATION SHALL ULTIMATELY BE BORNE AS DETERMINED
BY THE ARBITRATOR. THE PARTIES AGREE THAT THE DETERMINATION OF THE
8547A2.9 1 ]
29
ARBITRATOR AND AWARD, IF ANY, MAY BE ENTERED WITH ANY COURT HAVING
JURISDICTION AND THE DETERMINATION AND AWARD, IF ANY, MAY THEN BE
ENFORCED AMONG THE PARTIES, WITHOUT FURTHER EVIDENTIARY
PROCEEDINGS, AS IF ENTERED BY A COURT AT THE CONCLUSION OF A JUDICIAL
PROCEEDING IN WHICH NO APPEAL WAS TAKEN.
NOTICE: BY 1NITIALING 1N THE SPACE BELOW THE PARTIES ARE
AGREEING TO HAVE ANY DISPUTE UNDER THIS AGREEMENT DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND THE PARTIES
ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE
LITIGATED 1N A COURT OR JURY TRIAL. BY INITIALING 1N THE SPACE BELOW
THE PARTIES ARE GIVING UP THEIR JUDICIAL RIGHTS TO DISCOVERY AND
APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED 1N THIS
AGREEMENT. IF A PARTY REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION, SUCH PARTY MAY BE COMI'ELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CCP. THE PARTIES AGREEMENT TO
THIS ARBITRATION PROVISION IS VOLUNTARY.
THE PARTIES HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE
TO SUBMIT DISPUTES A UNDER THIS AGREEMENT TO NEUTRAL ARBITRATION BY
PLACING THEIR INITIALS HERE:
South North City
Owner Owner
This Space Intentionally Left Blank; Signatures Begin On The Next Page]
854782.9 12
30
IN WITNESS WHEREOF, the parties hereto have executed this Road Improvement
Agreement as of the date first written above.
SOUTH OWNER: PALM DESERT FUNDING COMPANY, L.P., a Delaware
limited partnership
By: Palm Desert Funding Company, LLC, a Delaware
limited liability company, its General Partner
By: Palm Desert Funding Company, Inc., a
Delaware corporation, its Manager
By:
Thomas I. Hover, Authorized Agent
NORTH QWNER: PALM DESERT NORTH 80, LLC, a California limited
liability company
By: Comerstone Desert Properties I, LLC, a California
limited liability company, its Manager.
By: Marix Family Limited Partnership, a
Delawaze limited Partnership, its Manager
By: Marix Family Trust U/D/T dated as of
October 12, 2002, as amended, its
General Partner
By:
Michael S. Marix, Trustee
Si natures Continue On The Next Page]
854782.9 13
31
Signatures Continued From The Previous Page]
CITY: CITY OF PALM DESERT, a California municipal
corporation
By:
Name:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
xs4 xz.y 14
32
EXHIBIT A
DEPICTION OF SOUTH PROPERTY
See Attached)
Asa g2.y A-1
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SEC. 33
LXI IlB T Bn SNEET 1 OF 2 SHEETS
rLANNINO i DEBfON CONSTRUCTION
u
PLAT TO ACCOMPANY A LEGAL
DESCRIPTfON OF ADJUSTED
PARCELS 9 ANO t 5 OF
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PALM pE3ff1T,CALPORNA 92260-4114 i
PARCEL MAP 3 i 73Q C O N 8 U LTI N G Bosas.ae • FAX 780.3A8.8915 • .,..m
DATE: Al1GlJS7 2, 2005 JN: 2-100376-04
r
34
DATA TABLE
O BEARING/DELTA RADIUS LENGTH
1 N89°54'28"E 311 . 19'
2 15`06'33" 1013.00' 267. 13'
3 S15° 12'05"E 95.73'
a S32°0 '27"E 138.08'
5 37°44'05"E 373.26'
6 31 ° 12' 18"536.00' 291 .92'
7 S68'S6'23"E 69.74'
8 48°23'S7"534,00' 451 .08'
9 06° 12'44"866.00' 93.89'
10 ' S41°55'34"E 49.31 '
11 S38°47'30"E 498.31 '
12 S46°52' 11 "E 259.34'
13 14°50'S5" ^ 866.OQ' 224.43'
14 43°08'03"434.00' 326.73'
15 62' 16' 13" 50.Q0' 54.34'
16 36°52'42"484.00' 311 .53'
17 07°32'48" 1266.00' 166.75'
18 S42° 13'UO"E 186. 14'
19 07`OS'33" 1066.00' 131 .96'
20 S25°Ot 'S6"E 74.98'
21 S31 °06'49"E 61 .06'
22 27°47'21"154.Q0' 74.69' i
23 S58°Sa' 10"E 106 .28'
24 S53° 16 24"E 182, 10'
25 36°53'3fl"600.00' 38fi.33'
26 S00°d9'S4"E 206.89'E
27 N45'OS'22"W 32.55'
2$ S89°51 ' i2"W 50.00' o
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PLANNINO DE910N CONBTRUCTION q
PLA7 TO ACCOMPANY A LEGAL
DESCRlP7lON OF ADJlJSTED
74-410 HC M1VAY 111 0
PARCELS 9 AND 15 OF pp,,)p gEF T,CALFORt EA 92260-4114
PARCEL MAP 31730 C O N S U LTI IV G eo.aae.4a • FA%780,946.6315 - .,
DATE: AUGUST 2, 2005 JN: 20-100376-04
z
35
EXHIBIT B
LEGAL DESCRIPTION OF SOUTH PROPERTY
THAT CERTAIN PORTION OF LAND SITUATED IN TI CITY OF PALM DE5ERT,
BEING ALL OF PARCEL 9 OF PARCEL MAP NO. 31730, FILED IN BOOK 211 PAGES 63
THROUGH 75, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
TOGETHER WITH ALL OF THAT LAND DESCRIBED IN A GRANT DEED TO THE
PALM DESERT REDEVELOPMENT AGENCY RECORDED DECEMBER 9, 2002 AS
INSTRUMENT NO. 02-734132 OF OFFICIAL RECORDS OF RIVERSIDE COLTNTY,
CALIFORNIA;
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF LAND:
THAT CERTAIN PORTION OF LAND SITUATED IN THE CITY OF PALM DESERT,
BE1NG PORTIONS OF PARCELS 1, 2, 3 AND 5 AND ALL OF PARCEL 4 OF
CERTIFICATE OF COMPLIANCE FOR PARCEL MAP WAIVER, P.M.W. NO. 99-11,
RECORDED JANUARY 4, 2000 AS INSTRUMENT NO. 00-002896 OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE 1NTERSECTION OF FRANK SINATRA DRIVE
AND PORTOLA AVENUE, BE1NG THE SOUTHWEST CORNER OF SECTION 33,
TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN;
THENCE NORTH 00°OS'32" WEST 3664.39 FEET ALONG THE CENTERLINE OF
PORTOLA AVENUE, SAID LTNE ALSO BEING THE WEST LINE OF SAID SECTION 33,
TO THE TRUE POINT OF BEGINMNG; TI NCE LEAVING SAID CENTERLINE AND
WEST L1NE NORTH 89°54'28" EAST 311.19 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1013 FEET; THENCE
ALONG SAID CURVE EASTERLY 267.13 FEET THROUGH A CENTRAL ANGLE OF
15°06'33"; THENCE RADIALLY FROM SAID CURVE SOUTH 15°12'OS" EAST 95.73
FEET; THENCE SOUTH 32°Ol'27" EAST 138.08 FEET; THENCE SOUTH 37°44'OS" EAST
373.26 FEET TO THE BEGiNN1NG OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 536 FEET; THENCE ALONG SAID
CURVE SOUTHEASTERLY 291.92 FEET THROUGH A CENTRAL ANGLE OF 31°12'18";
THENCE TANGENT FROM SAID CURVE SOUTH 68°56'23" EAST 69.74 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A
RADIUS OF 534 FEET, A RADIAL L1NE OF SAID CURVE FROM SAID PO1NT BEARS
NORTH 80°00'S6" EAST; THENCE ALONG SAID CURVE SOUTHEASTERLY 451.08
FEET THROUGH A CENTRAL ANGLE OF 48°23'S7" TO A POINT OF REVERSE
CURVATURE W1TH A CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 866 FEET, A RADIAL LINE OF SAID CURVE FROM SA1D POINT BEARS
SOUTH 31°36'S9" WEST; THENCE ALONG SAID CURVE SOUTHEASTERLY 93.89
FEET THROUGH A CENTRAL ANGLE OF 06°12'44"; THENCE NON-TANGENT FROM
SAID CURVE SOUTH 41°55'34" EAST 49.31 FEET; TI NCE SOUTH 38°47'30" EAST
854782.9 B-]
36
498.31 FEET; THENCE SOUTH 46°52'11" EAST 259.34 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 866
FEET; THENCE ALONG SAID CURVE SOUTHEASTERLY 224.43 FEET THROUGH A
CENTRAL ANGLE OF 14°50'S5" TO A POINT OF REVERSE CURVATURE WITH A
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 434 FEET, A
RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 57°58'44" EAST;
THENCE ALONG SAID CURVE SOUTHEASTERLY 326.73 FEET THROUGH A
CENTRAI, ANGLE OF 43°08'03" TO A POINT OF REVERSE CURVATURE WITH A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 50 FEET, A
RADIAL LINE OF SAID CURVE FROM SAID PO1NT BEARS SOUTH 14°50'41" WEST;
THENCE ALONG SAID CURVE SOUTHEASTERLY 54.34 FEET THROUGH A CENTRAL
ANGLE OF 62°16'13" TO A PO1NT OF REVERSE CURVATURE WITH A CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 484 FEET, A RADIAL LINE
OF SAID CURVE FROM SAID POINT BEARS NORTH 77°06'S4" EAST; THENCE ALONG
SAID CURVE SOUTHEASTERLY 311.53 FEET THROUGH CENTRAL ANGLE OF
36°52'42" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 1266 FEET, A RADIAL LINE OF SAID
CURVE FROM SAID POINT BEARS SOUTH 40°14'12" WEST; THENCE ALONG SAID
CURVE SOUTHEASTERLY 166.75 FEET THROUGH A CENTRAL ANGLE OF 07°32'48";
THENCE TANGENT FROM SAID CURVE SOUTH 42°l3'00" EAST 186.14 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 1066 FEET; THENCE ALONG SAID CURVE SOUTHEASTERLY 131.96 FEET
THROUGH A CENTRAL ANGLE OF 07°OS'33", THENCE NON-TANGENT FROM SA1D
CURVE SOUTH 25°O1'S5 EAST 74.98 FEET; THENCE SOUTH 31°06'49" EAST 61.06
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 154 FEET; THENCE ALONG SAID CURVE
SOUTHEASTERLY 74.69 FEET THROUGH A CENTRAL ANGLE OF 27°47'21" THENCE
TANGENT FROM SAID CURVE SOUTH 58°54'10" EAST 106.28 FEET; T'HENCE SOUTH
S3°16'24" EAST 182.10 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 600 FEET, A RADIAL LINE SAID
CURVE FROM SAID POINT BEARS SOUTH 53°16'24" EAST, SA1L POINT ALSO BEING
ON THE CENTERLINE OF COLLEGE DRIVE AS SHOWN ON AFOREMENTIONED
PARCEL MAP 31730; THENCE ALONG SAID CENTERLINE OF COLLEGE DRIVE
THROUGH THE FOLLOWING COURSES: SOUTHERLY ALONG LAST SAID CURVE,
386.33 FEET THROUGH A CENTRAL ANGLE OF 36°53'30"; THENCE TANGENT FROM
SAID CURVE, SOUTH 00°09'S4" EAST 296.89 FEET TO A POINT ON A LINE BEING
PARALLEL WITH AND 50 FEET NORTHERLY FROM THE CENTERLINE OF SA1D
FRANK SINATRA DRIVE; THENCE LEAVING SAID CENTERLINE OF COLLEGE
DRIVE, ALONG SAID PARALLEL LINE SOUTH 89°50'06" WEST 3132.42 FEET;
THENCE LEAVING SAID PARALLEL LINE, NORTH 45°08'22" WEST 32.55 FEET TO A
POINT ON THE EASTERLY RIGHT(S) OF WAY LINE OF PORTOLA AVENUE, SA1D
LINE BE1NG PARALLEL WITH AND 50 FEET EASTERLY FROM THE CENTERLINE OF
SAID PORTOLA AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 00°OS'32"
WEST 2591.58 FEET TO THE EAST-WEST QUARTER SECTION LINE OF SA1D SECTION
33; THENCE LEAVING SAID PARALLEL LINE SOUTH 89°51'12" WEST 50 FEET
ALONG SAID QUARTER SECTION L1NE TO THE WEST QUARTER CORNER OF SAID
854782.9 B-2
37
SECTION 33, SAID POINT ALSO BEING ON THE CENTERLINE OF SAID PORTOLA
AVENUE; THENCE ALONG SAID WEST LINE OF SECTION 33 AND SAID
CENTERLINE OF PORTOLA AVENUE, NORTH 00°OS'32" WEST 999.77 FEET TO THE
POINT OF BEGINNING.
SA1D PROPERTY IS ALSO SHOWN AND SET FORTH AS EXHIBIT A, IN THAT
CERTAIN CERTIFICATE OF COMPLIANCE NO. OS-01, RECORDED AUGUST 24, 2005
AS INSTRLTMENT NO. OS-696754 OF OFFICIAL RECORDS.
PARCEL 15 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE 1N BOOK 211
PAGES 63 THROUGH 75, OF PARCEL MAPS, RECORDS OF RIVERSIDE COLTNTY,
CALIFORNIA.
s4 x2. B-3
38
EXFIIBIT C
DEPICTION OF NORTH PROPERTY
See Attached)
854782.9 C-1
39
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EXHIBIT D
LEGAL DESCRIPTION OF NORTH PROPERTY
The land referred to herein is situated in the State of California, County of Riverside, City of
PALM DESERT, described as follows:
PARCEL B:
1N THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
BEING A PORTION OF PARCEL 6 OF PARCEL MAP WAIVER 01-28, CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 7, 2001 AS 1NSTRLJMENT NO. 01-435770 OF
OFFICIAL RECORDS, ALSO BEING IN THE SOUTH HALF OF SECTION 28 AND THE
NORTH HALF OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN
BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT TE-IE I 10RTHWEST CORNER OF SAID PARCEL 6, SAID CORNER
ALSO BEING THE WEST QUARTER CORNER OF SAID SECTION 28; THENCE SOUTH
00°16'S9" EAST ALONG THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF
SA1D SECTION 28, A DISTANCE OF 1576.95 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 89°43'O1" EAST, A DISTANCE OF 680.87 FEET TO THE
BEGINNING OF A 564 FOOT TANGENT CURVE, C NCAVE TO THE SOUTH; THENCE
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAI. ANGLE OF 35°44'37", AN
ARC DISTANCE OF 351.85 FEET; THENCE TANGENT TO SAID CURVE, SOUTH
54°32'22" EAST, A DISTANCE OF 778.97 FEET; THENCE SOUTH, A DISTANCE OF
437.37 FEET; THENCE SOUTH 47°20'S5" WEST, A DISTANCE OF 33.95 FEET; THENCE
NORTH 89°56'08" EAST, A DISTANCE OF 122 FEET; THENCE NORTH 47°25'23" WEST
A DISTANCE OF 33.99 FEET; THENCE NORTH, A DISTANCE OF 445.70 FEET TO THE
BEGINNING OF A 264 FOOT TANGENT CURVE, CONCAVE TO THE EAST; THENCE
NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°27'38", AN
ARC DISTANCE OF 163.39 FEET; THENCE TANGENT TO SAID CURVE, NORTH
35°27'38" EAST, A DISTANCE OF 161.17 FEET; THENCE NORTH 80°27'38" EAST, A
DISTANCE OF 35.36 FEET; THENCE SOUTH 54°32'22" EAST, A DISTANCE OF 162
FEET; THENCE SOUTH 56°26'S5" EAST, A DISTANCE OF 360.20 FEET; THENCE
ALONG A LINE PARALLEL OR CONCENTRIC WITH AND 72 FEET SOUTHWESTERLY
AND WESTERLY (MEASURED PERPENDICULAR TO OR RADIALLY) OF THE
SOUTHWESTERLY AND WESTERLY LINE OF PARCEL 5 OF SAID PARCEL MAP
WAIVER 01-28, TE-IE FOLLOWING 3 COURSES:
l.SOUTH 54°32'22" EAST A DISTANCE OF 2149.72 FEET TO THE BEGINNING OF
A 264 FOOT TANGENT CURVE, CONCAVE TO THE SOUTHWEST;
xsa xz.9 D-1
41
2.THENCE SOUTI ASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 63°49'20" AN ARC DISTANCE OF 294.07 FEET TO THE BEGINNING OF A
1682 FOOT REVERSE CURVE, CONCAVE TO THE EAST, A RADIAL TO SAID
BEGINNING BEARS NORTH 80°43'02" WEST;
3.THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 12°59'30", AN ARC DISTANCE OF 381.39 FEET, TO THE BEGINNING OF A 264
FOOT REVERSE CURVE, CONCAVE TO THE NORTHWEST A RADIAL TO SAID
BEGINNING BEARS NORTH 86°17'28" EAST, SAID BEGINNING ALSO BEING ON THE
WESTERLY LTNE OF TECHNOLOGY DRIVE RIGHT OF WAY DESCRIBED IN
DOCUMENT NO. 00-5 l 9849 RECORDED DECEMBER 29, 2000 OF OFFICIAL RECORDS;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID WESTERLY LINE,
THROUGH A CENTRAL ANGLE OF 83°20'31", AN ARC DISTANCE OF 384.01 FEET, TO
THE BEGINNING OF A 336 FOOT REVERSE CURVE, CONCAVE TO THE SOUTHEAST
A RADIAL TO SAID BEGINNING BEARS NORTH 10°22'O1" WEST; THENCE
SOUTHWESTERLY ALONG SA1D CURVE AND CONTINUING ALONG SAID
WESTERLY L1NE, THROUGH A CENTRAL ANGLE OF 56°50'25" AN ARC DISTANCE
OF 333.33 FEET; THENCE TANGENT TO SAID CURVE AND ALONG SAID WESTERLY
LINE, SOUTH 22°47'34", A DISTANCE OF 117.79 FEET TO A PO1NT ON THE
NORTHEASTERLY LINE OF GERALD FORD DRIVE, 110 FEET WIDE, AS DESCRIBED
1N TNSTRUMENT NO. 238527, RECORDED JLT[,Y 8, 1997 OF OFFICIAL RECORDS, AND
TO THE BEGTNNING OF A 945 FOOT NON-TANGENT CURVE CONCAVE TO THE
NORTHEAST A RADIAL TO SAID BEGINNING BEARS SOUTH 24°58'33" WEST.
THE FOLLOWING 7 COURSES ARE ALONG THE NORTHEASTERLY AND
NORTHERLY LINES OF GERALD FORD DRIVE:
1.THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 67°17'S6" AN ARC DISTANCE OF 1109.98 FEET TO THE BEGINNING OF A
1055 FOOT REVERSE CURVE, CONCAVE TO THE SOUTHWEST A RADIAL TO SAID
BEGINNING BEARS SOUTH 87°43'31" EAST;
2.THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 92°20'21", AN ARC DISTANCE OF 1700.26 FEET;
3.THENCE TANGENT TO SA1D CURVE, SOUTH 89°56'08" WEST, A DISTANCE OF
1615.27 FEET;
4.THENCE NORTH 85°06'40" WEST, A DISTANCE OF 150.56 FEET;
5.THENCE SOUTH 89°56'08" WEST, A DISTANCE OF 200 FEET;
6.THENCE NORTH 45°10'31" WEST, A DISTANCE OF 32.46 FEET;
7.THENCE SOUTH 89°43'O1" WEST, A DISTANCE OF 23 FEET TO A PO1NT ON A
LINE PARALLEL WITH AND 39 FEET EASTERLY OF THE WESTERLY LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTH 00°16'S9" EAST
s4 x2.y D-2
42
ALONG SAID PARALLEL LINE, A DISTANCE OF 90.82 FEET TO A PO1NT OF
INTERSECTION OF THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID
SECTiON 33, AND A L1NE PARALLEL WITH AND 39 FEET EASTERLY OF THE
WESTERLY LTNE OF SA1D NORTHWEST QUARTER; THENCE SOUTH 00°OS'38" EAST
ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 329.01 FEET TO A POINT ON A
LINE PARALLEL WITH AND 329.01 FEET SOUTHERLY OF SAID NORTHERLY LINE
OF SAID NORTHWEST QUARTER; THENCE SOUTH 89°56"08" WEST ALONG LAST
SAID PARALLEL L1NE, A DISTANCE OF 39 FEET TO A POINT ON SAID WESTERLY
LiNE OF THE NORTHWEST QUARTER; THENCE NORTH 00°OS'38" WEST ALONG
SAID WESTERLY LINE TO THE SOUTHWEST CORNER OF SA1D SECTION 28, A
DISTANCE OF 329.01 FEET; THENCE NORTH 00°16'S9" WEST ALONG THE
WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 28, A
DISTANCE OF 1084.36 FEET TO THE TRUE POINT OF BEGINNING.
End of Legal Description
xsa x2. D-3
43
EXHIBIT E
COST ESTIMATE
See Attached)
xsa x2.y E-]
44
1'0(03/2005 17:19 9496447620 HOVER DEVELOPMENT PAGE 13115
ESTIMATE FOR NORTH LJI IIVERSITY PARK-COST AREA "B"
PROJECT: TGNTATIVE PARCEL#30042
JN: 20-100551 PREPARED BY: HU DATE 0912B105
North Side oi Gerald Ford
DFSCR'['[ON COST
UTII.TI'fES SO
EAR1'IIWORK SO
STREBT QvIPROVEIvt'NTS 5660,380
STORM DRAW SO
SELVER SYS7'EM SO
WATER SYSTEM SO
I.A2IDSCAPIIYG 560,000
TRAFF7C SIGNAIS 5230,000
C17'Y FEES z47,519
CONSLJL.TANTS S 142,557
CONTQdO S(0) 30
PRfiVAII.QJC3 WAGE(1 S°.6) 99,057
GEAIF:RAL CONTRACTOR FES(I S%) 185,927
MANAGEMbTTf FEE(0°) 0
BaND FEE(1.5°/.) 21,362
TOTAL DEVELOPMENf COST 51,446,s21
NOTE No contingency inclndcd
No msmgemeut fee iacluded
I.QRd9tY lt Ib mt AR OY1Y
PnEe 1
Received at RWG Law: 10/3/2005 5:20:32 PM
45
1'Q/03/2005 17:19 9496447620 HOVER DEVELDPMENT PAGE 14/15
DESCRIPT'[ON UNIT QUANTITY U IIT PRICE . TOTAL C05T
SfREET IMPROVEMLMS
GEXALD FORD DR.IVE(Il2 STREE7'J FROM T CHNOLOGYARIYE TO MB?ROPLEX
ROUGFi Gl2ADING(L.5'CUT) CY 4,000 15.00 60,000
FII IE GRnDE SF 71,000 0.20 14,200
8"CURD&GUTIFR LF 3,140 515.00 47,100
8•CURB LF 2,750 S15,00 41,230
8'SIDEWAI.K SF I2,200 5215 33,550
SIGNIIJG AND STRIPING LS 1 L0,000.00 10,000
PEDES"PRlAN RAMI'S Fr 1 51,200.00 1,200
5'AC OVER 10"BASE SF 71,000 52.30 163,300
2.5"AC OVER NATIVE SF 0 S1.10
SAN CtTT I.F 2,500 54.00 10,000
CI3 NO.1-RCPC&WCD EA 1 8,000.00 8,0(IU
LACAL DEPRFSSION EA l 200.00 200
1 S"FfDPE PJPE LF 40 50.00 2,000
qp •Cy Ip 70.00 700
BASIN GRADING CY 3,000 15.00 43,000
GERALD FOlil)SIIBTOTAL S436,500
GL•RALD FORD DXI[E(1/'157RL E7)FROM METROPLEX TO PO TOL!AVENUE
ROUGH GRADINO(1.S C[T1 CY 1,600 i5.00 27,OOU
tI[JE GRADB SF 32,110 0.20 6,422
8"CLJRB 8c GUI'!'GR LF 1,440 S 13.00 19,370
g.g j,F 1,260 513.00 16,380
8'SIDCWALlC SF 0 52.73 0
PEDESTRIAN RAMPS EA L 51,200.00 1,.'l00
SIGNlNG AND STRIPINO LS 1 4,000.00 4,Ooo
5"AC OVER 10"BASE SF 32,110 SZ.25 72,24A
2.5"AC OVER NA77VE SF 0 E1.10
5AW CUT LP 3 340 54.00 2I,360
CU N0.1-RCFC&WCD EA 1 8,000.00 8,000
LOCAI.DEPRESSION EA 1 200.00 2110
l8"HDPE P(PE LF 40 30.00 2,00(1
RIPRAP CY 10 70.00 700
BAS1N GRADRdO CY 3,000 15.00 45.000
CERALD FORD SUIiTOTAL S2Z3,880
Pagc 2
Received at RWG Law: 10/3/2005 5:20:32 PM
46
1/03/2005 17:19 9496447620 HOVER DEUELOPMENT PAGE 15/15
LANDSCAPING
MED1Aid I.AASDSCAPINQ SP 10,000 S6.00 60,000
560,000
TRAFF[C SIGNAIS
GE(tALD FORD&PACIF[C AYE LS 0.5 180,000A0 90,000
GERALD FORD&TECHIdOLOGY DR LS 0.5 180,000.00 90,000
GERAI.D FO1tU&PORTOLA CS 0.25 5200,000.00 SQ,OQ
5:30,000
CITY FEES
S'TR£5T BrfP.PLAN CHECK FEES LS 950,3 BO 2.00'/0 19,008
STREET fI.INSPEGTION FEE LS 950,380 3.00%2B,S I1
SEVJER IMP.PLAN CI iECK FEE3 LS 0 2.00%
SEWER iMP.INSPEC'ftON FEE CS 0 3.00%
WATER IIv.PI.AN C[i6CK FEES LS 0 2_00'/0 0
WATER IMP.RJSPECTION FEE S 0 3.'
JOIN7 UTII.ITY TRENCH PERMiT FEE IS O 2.00%
SIIBT(YI'AL Sd7,519
CONSULTANf FEES
L•TfGII IEERINGlSURVEY 950,380 13°.G 142,557
SUBTOTAL S142,SS1
CONT'Ih1GENCY
20Y o OF CON5TRUCITON C06TS 1.140,435
CONTIIVGENCY SUBTOTAI. SO
Page 3
Received at RWG Law: 10/3/2005 5:20:32 PM
47
EXHIBIT F
LICENSE
TEMPORARY ACCESS AND CONSTRUCTION LICENSE
THIS TEMPORARY ACCESS AND CONSTRUCTION LICENSE (this "License") is
entered into as of 2005, by and between PALM DESERT FUNDING
COMPANY, L.P., a Delaware limited partnership ("South Owner"), and PALM DESERT
NORTH 80, LLC, a California limited liability company("North Owner"), with respect to the
following:
RECITALS:
A. South Owner and North Owner entered into that certain Road Improvement
Agreement dated as of with the City of Palm Desert, a California
municipal corporation (the"RIA"). Initially capitalized words or terms used but not defined in
this License shall have the meanings assigned to such words or terms in the RIA.
B. South Owner and North Owner agreed to execute this License pursuant to
Sections 2.11 and 3.5, respectively, of the RIA, in order to provide South Owner with access to
the North Property for the purpose of constructing the North Improvements.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, South
Owner and North Owner agree as follows:
1.Grant. North Owner grants a non-exclusive license (the"Grant") to South
Owner for use by South Owner and Contractor and their respective employees, agents and
representatives (collectively, the "South Owner Parties") to enter onto and upon the North
Property for the construction of the North Improvements and associated activities.
2.Restrictions. South Owner shall not use, or permit the use of, the North Property
except in accordance with the terms and conditions of this License. The South Owner Parties
accessing the North Property and constructing the North Improvements shall do so at their own
risk.
3.Compliance. South Owner acknowledges and agrees that all aspects of the access
to the North Property and construction of the North Improvements must be carried out in a
manner that does not pose or create a potential danger to the North Property, and is otherwise in
accordance with the Permits and the Improvement Plans for the North lmprovements.
as4 xz.9 F-1
48
4.Status of North Improvements. South Owner acknowledges that North Owner
may periodically inspect the North Improvements to determine that they are being constructed in
accordance with Section 3. Furthermore, in order to provide North Owner with adequate
information re arding the status of the North lmprovements, South Owner shall deliver to North
Owner, upon North Owner's request (but not more often than once every sixty (60) days), a
report detailing the status of the North Improvements.
5.Commencement. Notwithstanding anything in this License to the contrary, the
construction of the North Improvements shall not commence unless and until North Owner has
received (a) a copy of the Permits and the Improvement Plans for the North Improvements and
b) at least one seven (7) days advance notice thereof from South Owner.
6.No Partnership. Nothing contained in this License shall be deemed or construed
to create a partnership, tenancy in common,joint tenancy,joint employer liability,joint venture
or co-ownership between North Owner and South Owner. North Owner shall have no
responsibility or liability in connection with South Owner's rights and obligations with respect to
the North Property and/or the North Improvements. Subject to its compliance with the terms and
conditions of this License, South Owner shall be free to determine its own policies and practices
in the conduct of its business and activities concerning access to the North Property and
construction of the North Improvements.
7.In General. South Owner shall take any action necessary to protect the North
Property from any damage or injury in connection with its access to the North Property and/or
construction of the North Improvements. Upon commencement of the North Improvements,
South Owner shall be responsible for maintaining the North Property in a safe and non-
hazardous condition. If this License expires or is terminated prior to completion of the North
Improvements, South Owner shall, upon North Owner's request, perform, or cause to be
performed, all repairs and restoration of the North Property, including the removal of debris and
excess soil, required to restore the North Property to at least as good a condition as existed prior
to South Owner the Access, excluding any completed portion of the North Improvements that are
intended by the Improvement Plans for the North Improvements to be permanent.
8.Liens. South Owner shall not suffer or permit to be enforced against the North
Property any liens of inechanics, materialmen, contractors or subcontractors or any claim for
damage arising from the North Improvements, and South Owner shall (a) pay, or cause to be
paid, all such liens or claims before any action is brought to enforce the same against the North
Property; and (b) indemnify, defend (with counsel reasonably satisfactory to North Owner) and
hold North Owner and the North Property free and harmless from all liability for any and all
such liens and claims. Notwithstanding the foregoing, if South Owner shall in good faith contest
the validity of any such lien or claim, then South Owner shall defend itself and North Owner
against the same and shall pay and satisfy any adverse judgment that may be rendered thereon
before any enforcement thereof against North Owner or the North Property. In such event, and if
North Owner shall so require, South Owner shall procure and record or furnish to North Owner a
surety bond in accordance with California Civil Code Section 3143, or other acceptable security
satisfactory to North Owner in an amount at least equal to 150%of such contested lien or claim,
indemnifying North Owner against liability for the same, and holding the North Property free
from the effect of any such lien or claim. North Owner reserves the right, at any time and from
854782.9 F-2
49
time to time, to post and maintain on the North Property such notices of non-responsibility as
may be necessary to protect North Owner against liability for all such liens and claims.
Notwithstanding the foregoing, South Owner shall not be obligated to comply with the
requirements of this Section 8 in the event the North Improvements are not paid for as required
by the R1A.
9.North Owner Performance. The failure by South Owner to (a) perform any
obligation under this License, or (b) comply with any other term or condition applicable to South
Owner under this License, and the expiration of thirty (30) days after notice of such failure from
North Owner to South Owner shall constitute a default by South Owner under this License;
provided, however, that if such failure cannot reasonably be cured within such thirty (30) day
period but is capable, with reasonable diligence, of being cured within a total of ninety (90) days,
South Owner shall have an additional sixty (60) days in which to effect such cure provided that
South Owner commences to cure such failure within the initial thirty (30) day period, at all times
diligently pursues the cure to completion, and in fact completes such cure within the subsequent
sixty (60) day period. In the event South Owner shall be so in default under this License, North
Owner shall be entitled, but shall not be obligated, to perform such obligation or comply with
such term or condition on behalf of South Owner.
10. Termination. The License shall, at North Owner's option, terminate immediately
upon the first to occur of any one of the following events for any reason whatsoever: (a)the
expiration or termination of the RIA; or(b) if South Owner shall be in default under this License.
11. Remedies. South Owner acknowledges that this License is solely an agreement in
the nature of a license and that South Owner has no rights as an owner, purchaser or tenant of the
North Property by virtue hereof. In the event of the termination hereof due to a default
hereunder by South Owner, North Owner may re-enter and take exclusive possession of the
North Property and remove all persons or things therefrom without legal process, to the
maximum extent permitted by law, or by such legal process as North Owner may deem
appropriate. North Owner may also seek any other remedy available at law or in equity,
including a suit for damages for any breach or noncompliance herewith (including failure to
complete any work commenced and costs to repair and/or replace any defective work and/or
work not performed in compliance with the Improvement Plans). All remedies provided herein,
by law or in equity shall be cumulative and not exclusive. No termination hereof due to a default
hereunder by South Owner shall relieve South Owner of its obligation to perform its obligations
hereunder prior to such termination.
12. Suspension. If North Owner determines, in its reasonable discretion, that
a) South Owner or the South Owner Parties are not constructing the North Improvements in
accordance with the terms and conditions of this License or the RIA, or(b)the North
Improvements could create, or have created, a hazardous condition or, except as otherwise
contemplated by this License or the RIA, could have, or have had, an adverse effect upon the
North Property, then North Owner may give oral or written notice to South Owner or the South
Owner Parties to suspend the construction of the North Improvements. Upon receipt of any such
notice, South Owner and the South Owner Parties shall immediately suspend the construction of
the North Improvements. If such notice is given orally, it shall be followed by written notice as
soon thereafter as is reasonably possible. Upon any such suspension, South Owner and North
854782.9 F-3
50
Owner shall use good faith efforts to agree upon reasonable measures that can be taken so that
the construction of the North Improvements can be recommenced. In the event North Owner and
South Owner cannot agree within fifteen (15)business days following South Owner's receipt of
the suspension notice on such measures, North Owner may, but shall not be obligated to, take
measures to address the issue as provided in Section 12.
13. As-Built Plans. Within thirty (30) days after the termination or expiration of this
License, South Owner shall provide to North Owner(a)"as-built" plans of the North
Improvements completed as of the date thereof and (b)to the extent not previously received by
North Owner, geotechnical reports, compaction reports and other written materials prepared in
connection with obtaining the Permits for the North Improvements.
l4. Release. South Owner acknowledges and agrees that South Owner is accepting
the License on an "as is," "where is" and "with all faults" basis, subject to any condition that
may exist on the North Property, without any representation or warranty by North Owner. South
Owner assumes the risk that certain conditions may exist on the North Property and releases
North Owner of and from any and all claims, actions, demands, rights, damages, costs or
expenses that might arise out of or in connection with any such condition of the North Property.
South Owner acknowledges and agrees that (a) South Owner shall be solely responsible for
determining the condition of the North Property, including environmental conditions,
environmental regulations, zoning classifications, building regulations and other governmental
requirements and (b) South Owner is relying solely upon South Owner's inspection, examination
and evaluation of the North Property.
I 5. Incorporation. The terms and conditions of the RIA, to the extent the same do not
conflict with the terms and conditions hereof, are, by this reference, incorporated into, and made
a part of, this License.
This Space Intentionally Left Blank; Signatures Be in On The Next Page]
854782.9 F-4
51
IN WITNESS WHEREOF, the parties have executed this Temporary Access and
Construction License as of the date first above written..
SOUTH OWNER: PALM DESERT FUNDING COMPANY, L.P., a Delaware
limited partnership
By: Palm Desert Funding Company, LLC, a Delaware
limited liability company, its General Partner
By: Palm Desert Funding Company, Inc., a
Delaware corporation, its Manager
By:
Thomas I. Hover, Authorized Agent
NORTH OWNER: PALM DESERT NORTH 80, LLC, a California limited
liability company
By: Cornerstone Desert Properties I, LLC, a California
limited liability company, its Manager.
By: Marix Family Limited Partnership, a
Delaware limited Partnership, its Manager
By: Marix Family Trust U/D/T dated as of
October 12, 2002, as amended, its
General Partner
By:
Michael S. Marix, Trustee
xsa x2. F-5
52
EXHIBIT G
OFFER
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attention: City Manager
APN:
Space Above For Recorder's Use Only]
Exempt from recording fees pursuant to
California Government Code Section 6103
IRREVOCABLE OFFER OF DEDICATION
THIS IRREVOCABLE OFFER OF DEDICATION (this "Agreement") is entered into as
of 2005, by PALM DESERT NORTH 80,LLC, a California limited liability
company("Owner"), in favor of the CITY OF PALM DESERT, a California municipal
corporation ("City"), with respect to the following:
RECITALS:
A. Owner is the fee owner of certain real property located in Palm Desert, California,
and more particularly described in Exhibit A attached hereto (the"Property").
B. Owner, City and Palm Desert Funding Company, LP, a Delaware limited
partnership ("PDFC"), entered into that certain Road Improvement Agreement dated as of
the"RIA„)
C. Pursuant to Section 3.1 of the RIA, Owner is required to offer to dedicate a
portion of the Property to City for right of way purposes in order to widen and otherwise
improve the north side of Gerald Ford Drive along the portion thereof that is contiguous with the
Property.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner
agrees as follows:
Asa g2.y G-1
53
1.Offer. Owner hereby makes an irrevocable offer(the "Offer") to dedicate to City
for right of way purposes the portion of the Property more particularly described in Exhibit B
attached hereto (the"Right of Way").
2.Term. The term of the Offer (the"Term") shall commence on the date that this
Agreement is recorded in the Official Records of Riverside County, California (the
Commencement Date"), and shall expire on the date that is three (3) years after the
Commencement Date (the"Expiration Date"). The Offer is inevocable by Owner until the
Expiration Date.
3.Acce tance. City may accept the Offer at any time prior to the Expiration Date
by adoption of a resolution of the City Council of City accepting the dedication of the Right of
Way (the "Resolution of Acceptance"). The Resolution of Acceptance will authorize City to
execute an instrument in substantially the form attached hereto as Exhibit C, accepting the Offer
the"Acceptance").
4.Covenants. Owner covenants, for itself and its successor and assigns, as follows:
4.1 Removal of Liens. To remove, at Owner's sole cost and expense, all
matters affecting title to the Right of Way that City reasonably determines could divest it of title
to, or otherwise interfere with the proposed use of, the Right of Way after the Acceptance (the
Exceptions"). Any such removal shall be performed in accordance with the following:
4.1.1 Owner shall provide City with a preliminary report for the Right of
Way issued by a reputable title insurance company dated within sixty (60) days of the
Commencement Date (the "Preliminary Report").
4.1.2 City shall notify Owner of the exceptions described in the
Preliminary Report that constitute Exceptions.
4.1.3 Owner shall remove the Exceptions within one hundred twenty
l20) days after its receipt of such notice from City.
4.2 Improvements. To permit PDFC to construct, and to pay all costs and
expenses incurred in connectian with the design and construction of, the "North Improvements"
as defined in the RIA) to the satisfaction of the City Engineer and otherwise in accordance with
the RIA.
4.3 Maintenance. Owner agrees to continue to maintain the Right of Way and
assume all liability for the condition of the Right of Way until the conditions set forth in
Section 6 have occurred. Owner agrees to indemnify, hold harmless, protect and defend City,
and its directors, officers, agents, employees and attorneys, from all claims, causes of action,
suits, damages or other liabilities occurring in, on or about the Right of Way and/or the Property
until the conditions set forth in Section 6 have occurred.
5.Run With Land. The covenants made in this A reement shall run with, and shall
burden, the Property for the benefit of City. Such covenants shall inure to the benefit of, or bind,
as the case may require, the respective heirs, representatives, successors and assigns of City and
854782.9 G-2
54
Owner. Owner authorizes City to record this Agreement in Of icial Records of Riverside
County, California.
6.Liabilitv. Owner and City agree that City shall have no liability with respect to
the Right of Way, whether resulting from the maintenance or failure to maintain the same or
otherwise, and shall not assume any responsibility for the Right of Way or any improvements or
fixtures thereon or therein, unless and until both of the following occur:
6.1 City adopts the Resolution of Acceptance; and
6.2 The North Improvements have been constructed and paid for in
accordance with Section 4.2.
7.Notices. Any notice, request, direction, demand, consent, waiver, approval or
other communication required or permitted to be given hereunder shall not be effective unless it
is given in writing and shall be delivered (a) in person, (b)by certified mail, postage prepaid,
return receipt requested, (c) by facsimile, or(d) by a commercial overnight courier that
guarantees next day delivery and provides a receipt, and addressed to the parties at the addresses
stated below, or at such other address as either party may hereafter notify the other in writing as
aforementioned:
To Owner: PD North 80, LLC
SOOS Calle San Raphael, Suite B-1
Palm Springs, California 92264
Attention: Mr. Michael Marix
Facsimile: (760) 778-4417
With a copy to: Reed Smith LLP
355 South Grand Avenue, Suite 2900
Los Angeles, California 90071
Attention: Thomas L. Harnsberger, Esq.
Facsimile: (2l3) 457-8080
To City:City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attention: City Manager
Facsimile:
With a copy to: Richards, Watson & Gershon
355 South Grand Avenue, 40' Floor
Los Angeles, California 90071-310]
Attention: Owen P. Gross, Esq.
Facsimile: (213) 626-0078
Service of any such notice or other communications so made shall be deemed effective
on the day of actual delivery (whether accepted or refused) as evidenced by confirmed
answerback if by facsimile (provided that if any notice or other communication to be delivered
854782.9 G-3
55
by facsimile is unable to be transmitted because of a problem affecting the receiving party's
facsimile machine, the deadline for receiving such notice or other communication shall be
extended through the next business day), as shown by the addressee's return receipt if by
certified mail, and as confirmed by the courier service if by courier; provided, however, that if
such actual delivery occurs after 5:00 p.m. (local time where received) or on a non-business day,
then such notice or demand so made shall be deemed effective on the first business day
immediately following the day of actual delivery. No communications via electronic mail shall
be effective to give any notice, request, direction, demand, consent, waiver, approval or other
communications hereunder.
This Space Intentionally Left Blank; Signature On The Next Page]
ssa s2. G-4
56
1N WITNESS WHEREOF, Owner has executed this Irrevocable Offer of Dedication as
of the date first written above.
OWNER: PALM DESERT NORTH 80, LLC, a California limited
liability company
By: Cornerstone Desert Properties I, LLC, a California
limited liability company, its Manager.
By: Marix Family Limited Partnership, a
Delaware limited Partnership, its Manager
By: Marix Family Trust under Declaration
of Trust Dated as of October 12, 2002,
as amended, its General Partner
By:
Michael S. Marix, Trustee
STATE OF CALIFORNIA
ss.
COUNTY OF
On before me,
a Notary Public in and for the State of California, personally appeared Michael S. Marix,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he/she executed
the same in his/her authorized capacity, and that by his/her signature on the instrument, the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
SEAL)
854782.9 G-S
57
CONSENT AND SUBORDINATION
TO
IRREVOCABLE OFFER OF DEDICATION
NOTICE: THIS CONSENT AND SUBORDINATION RESULTS IN THE
RIGHTS AND OBLIGATIONS CONTAINED IN CERTAIN AGREEMENTS
BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE
RIGHTS AND OBLIGATIONS CONTAINED 1N SOME OTHER OR LATER
INSTRUMENT.
The undersigned, as beneficiary under that certain deed of trust recorded on February 15,
2005, as Document No. in the Official Records of Riverside County,
California, hereby acknowledges its consent to the terms and conditions of the Irrevocable Offer
of Dedication, and the transactions contemplated thereby, and subordinates the lien of such deed
of trust thereto.
ART PALM, LLC, a Delaware limited liability company
By:
Name:
Its:
STATE OF CALIFORNIA
ss.
COUNTY OF
On before me,
a Notary Public in and for the State of California, personally appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument, the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
SEAL)
854782.9 G-6
58
EXHIBIT A
TO OFFER
LEGAL DESCRIPTION OF PROPERTY
The land referred to herein is situated in the State of California, County of Riverside, City of
PALM DESERT, described as follows:
PARCEL B:
1N THE C1TY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
BEING A PORTION OF PARCEL 6 OF PARCEL MAP WAIVER 01-28, CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 7, 2001 AS INSTRUMENT NO. 01-435770 OF
OFFICIAL RECORDS, ALSO BE1NG IN THE SOUTH HALF OF SECTION 28 AND THE
NORTH HALF OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN
BERNARDINO BASE AND MERIDIAN, MORE PARTICULARI.Y DESCRIBED AS
FOLLOW S:
COMNiENCING AT TI- NORTHWEST CORNER OF SAiD PARCEL 6, SAID CORNER
ALSO BEING THE WEST QUARTER CORNER OF SAID SECTION 28; THENCE SOUTH
00°16'S9" EAST ALONG THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 28, A DISTANCE OF 1576.95 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 89°43'Ol" EAST, A DISTANCE OF 680.87 FEET TO THE
BEGINNING OF A 564 FOOT TANGENT CURVE, CONCAVE TO THE SOUTH; THENCE
EASTERLY ALONG SAID CURVE, T OUGH A CENTRAL ANGLE OF 35°44'37", AN
ARC DISTANCE OF 351.85 FEET; THENCE TANGENT TO SAID CURVE, SOUTH
54°32'22" EAST, A DISTANCE OF 778.97 FEET; THENCE SOUTH, A DISTANCE OF
437.37 FEET; THENCE SOUTH 47°20'S5" WEST, A DISTANCE OF 33.95 FEET; THENCE
NORTH 89°56'08" EAST, A DISTANCE OF 122 FEET; THENCE NORTH 47°25'23" WEST
A DISTANCE OF 33.99 FEET; THENCE NORTH, A DISTANCE OF 445.70 FEET TO THE
BEGINNING OF A 264 FOOT TANGENT CURVE, CONCAVE TO THE EAST; THENCE
NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°27'38", AN
ARC DISTANCE OF 163.39 FEET; THENCE TANGENT TO SAID CURVE, NORTH
35°27'38" EAST, A DISTANCE OF 161.17 FEET; THENCE NORTH 80°27'38" EAST, A
DISTANCE OF 35.36 FEET; THENCE SOUTH 54°32'22" EAST, A DISTANCE OF 162
FEET; THENCE SOUTH 56°26'S5" EAST, A DISTANCE OF 360.20 FEET; THENCE
ALONG A LINE PARALLEL OR CONCENTRIC WITH AND 72 FEET SOUTHWESTERLY
AND WESTERLY (MEASURED PERPENDICULAR TO OR RADIALLY) OF THE
SOUTHWESTERLY AND WESTERLY LINE OF PARCEL 5 OF SAID PARCEL MAP
WAIVER 01-28, THE FOLLOWING 3 COURSES:
1.SOUTH 54°32'22" EAST A DISTANCE OF 2149.72 FEET TO THE BEGINNING OF
A 264 FOOT TANGENT CURVE, CONCAVE TO THE SOUTHWEST;
854782.9 G-
59
2.THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 63°49'20" AN ARC DISTANCE OF 294.07 FEET TO THE BEGINNING OF A
1682 FOOT REVERSE CURVE, CONCAVE TO THE EAST, A RADIAL TO SAID
BEGINNING BEARS NORTH 80°43'02" WEST;
3.THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAI, ANGLE
OF 12°59'30", AN ARC DISTANCE OF 381.39 FEET, TO THE BEGINNING OF A 264
FOOT REVERSE CURVE, CONCAVE TO THE NORTHWEST A RADIAL TO SAID
BEGINNING BEARS NORTH 86°17'28" EAST, SAID BEGINNING ALSO BE1NG ON THE
WESTERLY LINE OF TECHNOLOGY DRIVE RIGHT OF WAY DESCRIBED IN
DOCUMENT NO. 00-519849 RECORDED DECEMBER 29, 2000 OF OFFICIAL RECORDS;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID WESTERLY L1NE,
THROUGH A CENTRAL ANGLE OF 83°20'31", AN ARC DISTANCE OF 384.01 FEET, TO
THE BEGINNING OF A 336 FOOT REVERSE CURVE, CONCAVE TO THE SOUTHEAST
A RADIAL TO SAID BEGINNING BEARS NORTH 10°22'O1" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
WESTERLY LINE, THROUGH A CENTRAL ANGLE OF 56°50'25" AN ARC DISTANCE
OF 333.33 FEET; THENCE TANGENT TO SAID CURVE AND ALONG SAID WESTERLY
LINE, SOLJTH 22°47'34", A DISTANCE OF 117.79 FEET TO A POINT ON THE
NORTHEASTERLY LINE OF GERALD FORD DRIVE, 110 FEET WIDE, AS DESCRIBED
IN INSTRUMENT NO. 238527, RECORDED JULY 8, 1997 OF OFFICIAL RECORDS, AND
TO THE BEGINNING OF A 945 FOOT NON-TANGENT CURVE CONCAVE TO THE
NORTHEAST A RADIAL TO SAiD BEGINNING BEARS SOUTH 24°58'33" WEST.
THE FOLLOWING 7 COURSES ARE ALONG THE NORTHEASTERLY AND
NORTHERLY LINES OF GERALD FORD DRIVE:
1.THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 67°17'S6" AN ARC DISTANCE OF 1109.98 FEET TO THE BEGINNING OF A
1055 FOOT REVERSE CURVE, CONCAVE TO THE SOUTHWEST A RADIAL TO SA1D
BEGINNING BEAR5 SOUTH 87°43'31" EAST;
2.THENCE NORTHWESTERLY ALONG SA1D CURVE, THROUGH A CENTRAL
ANGLE OF 92°20'21", AN ARC DISTANCE OF 1700.26 FEET;
3.THENCE TANGENT TO SA1D CURVE, SOUTH 89°56'08" WEST, A DISTANCE OF
1615.27 FEET;
4.THENCE NORTH 85°06'40" WEST, A DISTANCE OF 150.56 FEET;
5.THENCE SOUTH 89°56'08" WEST, A DISTANCE OF 200 FEET;
6.THENCE NORTH 45°10'31" WEST, A DISTANCE OF 32.46 FEET;
7.TI-IENCE SOUTH 89°43'O1" WEST, A DISTANCE OF 23 FEET TO A PO1NT ON A
LINE PARALLEL WITH AND 39 FEET EASTERLY OF THE WESTERLY LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTH 00°16'S9" EAST
A54782.9 G_g
60
ALONG SAID PARALLEL LINE, A DISTANCE OF 90.82 FEET TO A POINT OF
1NTERSECTION OF THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 33, AND A LINE PARALLEL WITH AND 39 FEET EASTERLY OF THE
WESTERLY LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 00°OS'38" EAST
ALONG LAST SAID PARALLEL L1NE, A DISTANCE OF 329.01 FEET TO A POINT ON A
LINE PARALLEL WITH AND 329.01 FEET SOUTHERLY OF SAID NORTHERLY LINE
OF SAID NORTHWEST QUARTER; THENCE SOUTH 89°56"08" WEST ALONG LAST
SAID PARALLEL LINE, A DISTANCE OF 39 FEET TO A POINT ON SAID WESTERLY
LINE OF THE NORTHWEST QUARTER; THENCE NORTH 00°OS'38" WEST ALONG
SAID WESTERLY LINE TO THE SOUTHWEST CORNER OF SAID SECTION 28, A
DISTANCE OF 329.01 FEET; THENCE NORTH 00°16'S9" WEST ALONG THE
WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 28, A
DISTANCE OF 1084.36 FEET TO THE TRUE PO1NT OF BEGINNING.
End of Legal Description
854782.9 G-9
61
EXHIBIT B
TO OFFER
LEGAL DESCRIPTION OF RIGHT OF WAY
See Attached)
xsa s2.9 G-10
62
RBF CONSULTING
74-130 Country Club Drive,Suite 201
Palm Desert,CA 92260
October 10,2005
JN 20-100626.01
Page 1 of 2
EXffiBIT A"
RIGHT OF WAY
GERALD FORD DRIVE
That certain parcel of land situated in the City of Palm Desert, County of Riverside, State of
California, being a portion of Parcel "B" as described in Parcel Map Waiver 03-04, recorded
January 28, 2003, as Instrument No. 2003-060548 of Official Records, in the Office of the
County Recorder,of said County of Riverside,described as follows:
BEGINNING at the centerline intersecrion Portola Avenue and Gerald Ford Drive as described
in a Grant Deed, recorded July 8, 1997, as Instrument No. 238527, said point also being the
southwest corner of Section 28,Township 4 South,Range 6 East,San Bernardino Meridian;
thence North 00°16'S8" West 164.32 feet along the west line of Pazcel "B" as shown on said
Parcel Map Waiver 03-04,said line also being the west line of said Section 28;
thence North 89°43'02"East 96.00 feet;
thence South 45°09'S8" East 124.23 feet to a point on a line parallel and 77.00 feet north of the
said centerline of Gerald Ford Drive;
thence along said parallel line North 89°56'07"East 250.00 feet;
thence South 88°47'30" East 90.02 feet to a point on a line parallel and 75.00 feet north of the
said centerline of Gerald Ford Drive;
thence along said parallel line North 89°56'07"East 1098.27 feet;
thence South 47°20'S6"West 8.89 feet to a point on a line lying parallel and 68.98 feet north of
said centerline of Gerald Ford Drive;
thence along said parallel line North 89°56'09"East 122.00 feet;
thence North 47°25'22" West 8.88 feet; to a point on a line parallel and 75.00 feet north of the
said centerline of Gerald Ford Drive;
thence along said parallel line North 89°56'07" East 319.36 feet to the beginning of a tangent
curve,concave southwesterly and having radius of 1075. 00 feet;
thence along said curve southeasterly 1732.49 feet through a central angle of 92°20'20" to the
beginning of a reverse curve, concave northeasterly, and having a radius of 925.00 feet, a radial
line&om said point bears South 87°43'33"East;
63
EXHIBIT"A" October 10,2005
RIGHT-OF-WAY JN 20-100626
GERALD FORD DRIVE Page 2 of 2
thence along said curve southeasterly 1059.20 feet through a central angle of 65° 36' 33" to a
point of a non-tangent line,a radial from said point bears North 26°40'03"East;
thence North 69°38'06"East 36.35 feet to a point on the westerly Right-of-Way of Technology
Drive as shown on said Parcel"B"of Parcel Map Waiver 03-04;
thence South 22°47'S4" West 46.34 feet to the beginning of a non-tangent curve, concave
northeasterly and having a radius of 945.00 feet,a radial line from said point bearing
North 24°58'33" East, said point also lying on the north line of Parcel 1 as described in said
Grant Deed,recorded July 8, 1997 as Instrument No.238527;
thence along said curve northwesterly 1109.98 feet through a central angle of 67°17'S6" to the
beginning of a reverse curve,concave southwesterly and having a radius of 1055.00 feet;
thence along said curve northwesterly 1700.26 feet through a central angle of 92°20' 20";
thence tangent line from said curve South 89°56'Q7"West 1615.27 feet;
thence North 85°06'41 West 150.56 feet;
thence South 89°56'07"West 200.00 feet;
thence North 45°10'44"West 32.46 feet;
thence South 89°42'S5"West 23.00 feet;
thence South 00°16'S8"East 90.82 feet;
thence South 89°56'07" West 39.00 feet intersection Portola Avenue and Gerald Ford Drive as
described in said Grant Deed, recorded July 8, 1997 as Instrument No. 238527, said point also
being the POINT OF BEGINNING.
CONTAINING: 2.465 Acres,more or less.
EXHIBIT"B"attached and by this reference made a part hereof.
SUBJECT TO all Covenants,Rights,Rights-of-Way and Easements of Record.
This description was prepared by
me or under my direction.
Levi D. Cox,P.L.S. 7930
My liccnse expires 12/31/07.
H:\P DATA1201006281Adrti nUepels G26LG L001.dac
64
1NDICATES R.0. W. FOR SCALE: 1"=200'
GERALD FORD DRI VE
2.465 ACRES
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DA7E: OCTOBER 10, 2005 JN: 20-10G626-001
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N87°43'33"W (R)
IND7CATES R.O.W. FOR P,R.C.
RALD FORD ORI E
2.455 ACRES
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RIGHT-OF-WAY DEDICATIQN,pqTE: CTOBER 10, 2005 JN: 20-100626-001
66
I NDICA TES R.0.W. FOR
GERALD FORD DRI VE
2.465 ACRES
SCALE: 1"=200'
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INST. N0. 238527
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DATA TABLE DATA TABLE
O BEARING/DELTA RADIUS LENGTH NO BEARING/DELTA RAD[US LENGTH m
1 N00° 16'58"W 164.32' 10 N89'S6'07"E 319.36'
2 N89'43'02"E 96.00'11 N69°38'06"E 36.35'
3 S45'09'S8"E 124.23' 12 S22°47'34"W 46.34' X
4 N89'S6'07"E 250.00' 13 N85'06'41"W 150.56' r
5 S88'47'30"E 90.02'14 589'S6'07"W 200.00'
6 S89'S6'07"W 615.27' i5 N45' i0'44"w 32.a6' m
7 Sa7°20'S6"W 8.89' 16 S89°a2'S5"w 23.00'
8 N89°56'09"E 122.00' 17 S00° 16'S8"E 90.82' s
9 N47'25'22"W 8.88' 18 S89°56'07"W 39.00'
SHEET 3 OF 3 SHEETS o
EXHJB T n
P4ANNINO DLYION CONfTqUCT1 N
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PLAT TO ACCOMPANY A 74-410HOhiWAYtp H
LEGAL DESCRIPTION FOR P u+oes r+r,cn awUs2zeo-an< i
RIGHT—OF—WAY DEDICATION. Cor su TiNa eo.aae ae+ • Fwc coaas.sns• ..M <
0
DATE: OCTOBER 10, 2005 JN: 20-100626-001 i
t
67
EXHIBIT C
TO OFFER
FORM OF ACCEPTANCE
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attention: City Manager
APN:
Space Above For Recorder's Use Only]
Exempt from recording fees pursuant to
California Government Code Section 6103
ACCEPTANCE OF DEDICATION OF RIGHT OF WAY
The City of Palm Desert, a California municipal corporation ("Grantee"), hereby accepts
the offer of dedication (the"Offer") of certain real property located in Palm Desert, California,
and more particularly described in Exhibit A attached hereto for right of way purposes(the
Right of Way") entered into by Palm Desert North 80, LLC, a California limited liability
company("Grantor"), pursuant to that certain Irrevocable Offer of Dedication dated as of
executed by Grantor in favor of Grantee and recorded in Offcial
Records of Riverside County, California, on as Instrument
No. the "Agreement").
The Offer, and this Acceptance of Dedication of Right of Way, arise from and are made
pursuant to the Agreement.
The undersigned is authorized to execute this Acceptance of Dedication of Right of Way
on behalf of Grantee pursuant to a resolution of the City Council of Grantee adopted on
a copy of which is attached hereto and incorporated herein by this
reference.
This Space Intentionally Left Blank; Signature On The Next Page]
xsa s2. G-1 1
68
IN WITNESS WHEREOF, the undersigned has executed this Acceptance of Dedication
of Right of Way as of
GRANTEE: CITY OF PALM DESERT, a California municipal
corporation
By:
Name:
lts:
ATTEST:
City Clerk
5TATE OF CALIFORNIA
ss.
COUNTY OF RIVERSIDE
On before me,
a Notary Public in and for the State of California, personally appeared
personally known to me(or proved to me on the basis
of satisfactory evidence)to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument, the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
SEAL)
854782.9 G-12
69
EXHiBIT A
TO
ACCEPTANCE OF DEDICATION OF RIGHT OF WAY
LEGAL DESCRIPTION OF RIGHT OF WAY
See Attached)
854782.9 G-13
70
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALM DESERT
ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF RIGHT OF
WAY FOR THE WIDENING OF THE NORTH SIDE OF GERALD FORD
DRI VE
The City Council of the City of Palm Desert hereby determines, resolves and orders as
follows:
Palm Desert North 80, LLC, a California limited liability company("Owner"), is the fee
owner of certain real property located in Palm Desert, California, and more particularly described
in Exhibit A attached hereto (the "Property").
Owner has previously entered into that certain Irrevocable Offer of Dedication of Right
of Way dated as of and recorded in the Of icial Records of Riverside
County, California, on as Instrument No. the
Agreement"), pursuant to which Owner irrevocably offered to dedicate to the City of Palm
Desert, a California municipal corporation, a portion of the Property for right of way purposes,
which portion is more particularly described in Exhibit B attached hereto (the "Right of Way").
Such dedication is required by, and is in conformance with, the Palm Desert Municipal
Code.
City hereby accepts the irrevocable offer to dedicate the Right of Way as set forth in the
Agreement.
The City Engineer is hereby authorized and directed to execute the Acceptance of
Dedication of Right of Way in the form attached hereto as Exhibit C (the"Acceptance").
The City Clerk is hereby authorized and directed to record the Acceptance in the Official
Records of Riverside County, California, and to furnish a copy of this Resolution to Owner at the
address of record.
This Space Intentionally Left Blank; Continued On The Next Page]
854782.9 G-14
71
The City Clerk shall certify to the adoption of this Resolution and shall cause this
Resolution and his/her certification to be entered in the Book of Resolutions of the City Council
of the City of Palm Desert.
Adopted:
Mayor of the City of Palm Desert, California
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT
City Manager
Director of Civil Engineering
8 4782.9 G-15
72
EXHIBIT A
TO
RESOLUTION NO.
LEGAL DESCRIPTION OF PROPERTY
The land referred to herein is situated in the State of California, County of Riverside, City of
PALM DESERT, described as follows:
PARCEL B:
1N THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
BE1NG A PORTION OF PARCEL 6 OF PARCEL MAP WAIVER 01-28, CERTIFICATE OF
COMALIANCE RECORDED SEPTEMBER 7, 2001 AS INSTRUMENT NO. 01-435770 OF
OFFICIAL RECORDS, ALSO BEING IN THE SOUTH HALF OF SECTION 28 AND THE
NORTH HALF OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN
BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 6, SAID CORNER
ALSO BEING THE WEST QUARTER CORNER OF SAID SECTION 28; THENCE SOUTH
00°16'S9" EAST ALONG THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 28, A DISTANCE OF 1576.95 FEET TO THE TRLTE POINT OF
BEGiNN1NG; THENCE NORTH 89°43'O1" EAST, A DISTANCE OF 680.87 FEET TO THE
BEGINNING OF A 564 FOOT TANGENT CURVE, CONCAVE TO THE SOUTH; THENCE
EASTERLY ALONG SAID CURVE, THROUGH A CENTRaL ANGLE OF 35°44'37", AN
ARC DISTANCE OF 351.85 FEET; THENCE TANGENT TO SAID CURVE, SOUTH
54°32'22" EAST, A DISTANCE OF 778.97 FEET; THENCE SOUTH, A DISTANCE OF
437.37 FEET; THENCE SOUTH 47°20'S5" WEST, A DISTANCE OF 33.95 FEET; THENCE
NORTH 89°56'08" EAST, A DISTANCE OF 122 FEET; THENCE NORTH 47°25'23" WEST
A DISTANCE OF 33.99 FEET; THENCE NORTH, A DISTaNCE OF 445.70 FEET TO TI E
BEGINNING OF A 264 FOOT TANGENT CURVE, CONCAVE TO THE EAST; THENCE
NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°27'38", AN
ARC DISTANCE OF 163.39 FEET; THENCE TANGENT TO SAID CURVE, NORTH
35°27'38" EAST, A DISTANCE OF 161.17 FEET; THENCE NORTH 80°27'38" EAST, A
DISTANCE OF 35.36 FEET; THENCE SOUTH 54°32'22" EAST, A DISTANCE OF 162
FEET; THENCE SOUTH 56°26'S5" EAST, A DISTANCE OF 360.20 FEET; THENCE
ALONG A LINE PARALLEL OR CONCENTRIC WITH AND 72 FEET SOUTHWESTERLY
AND WESTERLY (MEASURED PERPENDICULAR TO OR RADIALLY) OF THE
SOUTHWESTERLY AND WESTERLY LINE OF PARCEL S OF SAiD PARCEL MAP
WAIVER 01-28, THE FOLLOWING 3 COURSES:
1.SOUTH 54°32'22" EAST A DISTANCE OF 2149.72 FEET TO THE BEGINNING OF
A 264 FOOT TANGENT CURVE, CONCAVE TO THE SOUTHWEST;
854782.9 G-16
73
2.THENCE SOUTI ASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 63°49'20" AN ARC DISTANCE OF 294.07 FEET TO THE BEGINNING OF A
1682 FOOT REVERSE CURVE, CONCAVE TO THE EAST, A RADIAL TO SA1D
BEGINNING BEARS NORTH 80°43'02" WEST;
3.TI-IENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 12°59'30", AN ARC DISTANCE OF 381.39 FEET, TO THE BEGINNING OF A 264
FOOT REVERSE CURVE, CONCAVE TO THE NORTHWEST A RADIAL TO SAID
BEGINNING BEARS NORTH 86°17'28" EAST, SAID BEGINNING ALSO BEING ON THE
WESTERLY LINE OF TECHNOLOGY DRIVE RIGHT OF WAY DESCRIBED iN
DOCUMENT NO. 00-519849 RECORDED DECEMBER 29, 2000 OF OFFICIAL RECORDS;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID WESTERLY L1NE,
THROUGH A CENTRAL ANGLE OF 83°20'31", AN ARC DISTANCE OF 384.01 FEET, TO
THE BEGINNING OF A 336 FOOT REVERSE CURVE, CONCAVE TO THE SOUTHEAST
A RADIAL TO SAID BEGINNING BEARS NORTH 10°22'O1" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
WESTERLY L1NE, THROUGH A CENTRAL ANGLE OF 56°50'25" AN ARC DISTANCE
OF 333.33 FEET; THENCE TANGENT TO SAID CURVE AND ALONG SAID WESTERLY
LINE, SOUTH 22°47'34", A DISTANCE OF 117.79 FEET TO A POINT ON THE
NORTHEASTERLY LINE OF GERALD FORD DRIVE, 110 FEET WIDE, AS DESCRIBED
1N INSTRUMENT NO. 238527, RECORDED NLY 8, 1997 OF OFFICIAL RECORDS, AND
TO THE BEGINNING OF A 945 FOOT NON-TANGENT CURVE CONCAVE TO THE
NORTHEAST A RADIAL TO SAID BEGINNING BEARS SOUTH 24°58'33" WEST.
THE FOLLOWING 7 COURSES ARE ALONG THE NORTHEASTERLY AND
NORTHERLY LINES OF GERALD FORD DRIVE:
1.THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 67°17'S6" AN ARC DISTANCE OF 1109.98 FEET TO THE BEGINNING OF A
1055 FOOT REVERSE CURVE, CONCAVE TO THE SOUTHWEST A RADIAL TO SAID
BEGINNING BEARS SOUTH 87°43'31" EAST;
2.THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 92°20'2l", AN ARC DISTANCE OF 1700.26 FEET;
3.THENCE TANGENT TO SA1D CURVE, SOUTH 89°56'OS" WEST, A DISTANCE OF
1615.27 FEET;
4.THENCE NORTH 85°06'40" WEST, A DISTANCE OF 150.56 FEET;
5.TI-NCE SOUTH 89°56'08" WEST, A DISTANCE OF 200 FEET;
6.THENCE NORTH 45°l 0'3]" WEST, A DISTANCE OF 32.46 FEET;
7.THENCE SOUTH 89°43'O1" WEST, A DISTANCE OF 23 FEET TO A POINT ON A
LiNE PARALLEL WITH AND 39 FEET EASTERLY OF THE WESTERLY L1NE OF THE
SOUTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTH 00°16'S9" EAST
854 82.9 G-17
74
ALONG SAID PARALLEL LINE, A DISTANCE OF 90.82 FEET TO A PO1NT OF
1NTERSECTION OF THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 33, AND A L1NE PARALLEL WITH AND 39 FEET EASTERLY OF THE
WESTERLY LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 00°OS'38" EAST
ALONG LAST SA1D PARALLEL LINE, A DISTANCE OF 329.01 FEET TO A POINT ON A
LINE PARALLEL WITH AND 329.01 FEET SOUTHERLY OF SAID NORTHERLY LINE
OF SAID NORTHWEST QUARTER; THENCE SOUTH 89°56"08" WEST ALONG LAST
SAID PARALLEL LINE, A DISTANCE OF 39 FEET TO A POINT ON SAID WESTERLY
LINE OF THE NORTHWEST QUARTER; THENCE NORTH 00°OS'38" WEST ALONG
SA1D WESTERLY L1NE TO THE SOUTHWEST CORNER OF SAID SECTION 28, A
DISTANCE OF 329.01 FEET; THENCE NORTH 00°16'S9" WEST ALONG THE
WESTERLY L1NE OF THE SOUTHWEST QUARTER OF SAID SECTION 28, A
DISTANCE OF 1084.36 FEET TO THE TRUE POINT OF BEGINNING.
End of Legal Description
xsa A2. G-1 8
75
EXHIBIT B
TO
RESOLUTION NO.
LEGAL DESCRIPTION OF RIGHT OF WAY
See Attached)
854782.9 G-19
76
EXHIBIT C
TO
RESOLUTION NO.
FORM OF ACCEPTANCE
8547A2.9 i-20
77
EXHIBIT H
PUBLIC BIDDING AND CONTRACTING REQUIREMENTS
See Attached)
gsa x2.y H-1
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CHAPTER 3.30 PUBLIC WORKS CONTRACTS AND BfDDING REQUIREMENTS
3.30.010 Purpose.
Pursuant to the authority set forth in Section 300 of the Pelm Deseri Charter,the city may
provfde local prxedures and requirements for the bidding,award and performance of
public works projects.(Ord.927§ 1 (part),2000)
3.30.020 Munlcipal proJects.
B.The provislons of subsection A of this section shall not apply when the public works
proJects are funded in whole or in part by state or federal loans,or grants, and payment of
prevailing wages Is required in order to receive state or federal funding.(O d.927§ 1
part),2000)
3.30.030 Definitions.
As used herein:
A. "Public project"or"public works"means:
1.A project for the erectfon, improvement,or repair of public buildings and works,or other
pubiic projects;
2.Work in or about streams,embankments or other works for protection against overflow;
3.Stree1 or sewer work except maintenance or repalr,and
4.Fum(shing supplies or materials for any such project includfng maintenance or repair of
streets.
B."Sole source"means that the particular item calfed for can only be supp(ied by one
company,organization or individual,
C."Emergency"means a sudden,unexpected occurrence that poses e clear,eminent
danger requi ing immediate action to prevent or mitigate the loss or impairment of life,
help, prope ty or essentlal public services.
D."Responsible bfdder"means that bidder who can, based upon quality,fitness and thefr
capacity to satfsfactorily perForm the proposed work,based upon attributes of
trustworthiness, references and past contracting experience. (Ord. 927§ 1 (part), 2000)
3.30.040 Bids--When required.
When the expenditure required for a public proJect exceeds ten thousand dollars, it should
be contracted for and let to the lowest responsible bidder afier notice, (Ord.927§ 1 (part),
2000)
3.30.050 Notice inviting bids.
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Notice invit(ng bids shall specify a date for the opening of bids.The first publication or
postinp of the notice shell be at least ten days before the date of opening of bids. Natice
shall be published at least twice not fess than flve days apart,in e newspaper of generel
circulation, printed and published In the city,(Ord.927§ 1 (part),2000)
Note: A copy oi the bids and proof of publication will be necessary fcr
re(mbursement.
3.30.060 Rejection of bids.
In its sole discretlon,the district le ialaiiw etly may re)ect any bids presented and re-
advertised. If two or more bids are the same or the lowest,the district kgi feii a s ly may
accept the one it chooses. If no bids are received,the district le islati s ied r mey have
the proJect done wlthout further complying with this chapter in any manner that the council
may direct.lf no bids aze received andlor a!I b(ds are reJected,the council may on a vote of
four-fifths of the council,declare that the project can be performed more economically by
city personnel or that a contract to perform the project can be negotiated with the original
bidders et a lower price than any of the bids or the materials or supplies furnished at a
lower price in the open marfcet. Upon such deasion,the council mey direct the project to
be done in the manner stated without further complying with this chapter. (Ord. 927§ 1
part), 2000)
EPa)*'eA
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3.30.130 Appllcabllity oi state provisions--City contracts.
Sections 7100 through 7200 of the Public Contracts Code are incorporated herein as if
fully set forth and shall be applicable to c(ty contracts.(Ord.927§ 1 (part),2000)
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3.30.140 Appliaability of state provisions--Retention of proceeds for
city contracts.
Sectian 22300 of the Public Contracts Code is incorporated herein as if fully set forth and
shall be applicable to the retentlon of proceeds for Gty contracts.(Ord.927 § 1 (part),
2000)
whieN:
3.30.170 Contents of bids or offers.
Any city official taking bids for the construction of any public work or improvement shall
provide in the specifications prepared for the work or improvement or In the general
conditions under which bids will be received for the doing of the work lncident to the public
work or improvement that any person makfng a bid or offer to perform the work, shall, in
his or her bid or offer,set forth:lhe neme end the lacation of the place of business of each
subcontractor who will perform work or labor or render service to the prime contractor in or
about the constructlon of the work or improvement,or a subcontractor licensed by the
state of Califomfa who, under subc:ontract to the prime contractor,sp cfally fabricates and
installs a portion of the work or improvement according to detailed drawings contalned In
the plans and specifications,in an amount in excess of one-half of one percent of the
p ime contracto's total bid. (Ord. 927§ 1 (part),2000)
3.30.180 Fallure to peclty or speciflcatlon oi more than one
subcontractor--Pe fcrmance by prtme contractor.
If a prime contractor fals to specify a subcontractor or if a prime contractor specifies more
than one subcontractor for the same port(on of work to be performed under the contract in
excess of one-helf of one percent of the prime contractor's total bid,the prime contractor
agrees that he o she is fully qualified to perform that portion himself w herself, and that
the prime cantractor shall perform that portlon himself or herself. (Ord. 927§ 1 (part),
2000)
3.30.190 Prime contractor whose bid fs accepted—Prohibitions.
A.A pr(me contractor whose bid is accepted may not:
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1.Substitute a person as subcontractor in place of the subcontractor listed in the original
bid, except thet the ewerding authority, or its duly authorized officer, may,except as
otherwise provided in this section,consent to the substltution of another person as a
subcontractor fn any of the following situations:
a.When the subcontractor listed in the bid after having had a reasonable opportunity to do
so fails or refuses to execute a w itten contract,when that vv itten contract,based upon the
general terms,cond(tions, plans and specifications for the project involved or the terms of
that subcontractors written bid,(s presented to the subcontrector by the prfine contractor;
b.When the Ifsted subcontrector becomes bankrupt or insolvent;
c.When the listed subcontractor fails or refusse to pertorm his or her subcontract;
d.When the Ilsted subcontractor falls or refuses to meet the bond requirements of the
prime contractor as set forth in Sectlon 3.30.210 of this chapter;
e.When the prime contractor demonstrates to the awarding authority, or its duly
authorized o cer, subject to the further provisions set forth in this sectfon,that the name of
the subcontractor wes listed as the result of an inadvertent clerfcal error;
f.When the listed subcontractor is not Ilcensed pursuant to the contractors license law;
g.When the awarding uthority,or fts duly authorfzed officer,determines that the work
performed by the Iisted subcontractor is substant(ally unsatisfactory and not In substantial
accordance with the plans and specifications,or that the subcontractor is substantlally
delaying or disrupting the progress of the work;
h.When the Ilsted subcontractor is ineligible to work on e public works project pursuant to
Section 1777.1 or 177T.7 of the Labor Code.
Prior to approval of the prime contractor's request for the substitutlon In the awarding
autho ity, or its duly authorfzed ofilcer,shall glve notice In wrlting to the Ilsted
subcontractor of the prime contractor's request to substitute and of the reasons for the
request.The notice shall be served by certified or registered mail to the last known
address of the subcontractor.The listed subcontractor who has been so not(fled shall heve
five working days within which to submit written abjections to the substitutlon to the
awarding authority. Failure to file these written objectbns shall constitute the listed
subcontradors consent to the substltution.
If writteri object(ons are filed, the awarding authority shall glve notice in writing of at least
five working days to the listed subcontractor of a hearing by the awarding authority or its
designated agent on the prime contracto's request for substituUon.
2.Permit a subcontrect to be voluntarily assigned or transferred o allow it to be pertormed
by anyone other than the original subcontractor listed in the original bid,without the
consent of the awardfng authority,or its duly authorized offlcer.
3.Other than In the performance of change orders causing changes or devlatlons from the
original contract,sublet or subcontract any portion of the work in excess of one-half of one
percent of the prfine contractor's total bid as to which his or her orlginal bld did not
designate a subconVactor.(Ord. 927§ 1 (pa t),2000)
3.30.200 Clalm of tnadvertent clerical enor In listing subcontractors--
Notice—ObJectlon—Hearing.
The prime contractor as a condition to assert a claim of inadvertent clerical error in the
listing of a subcontractor shell within two working days after the time of the prime bid
opening by the awardi g authorlty g(ve written nodce to the awarding authority and copies
of that notice to both the subcontractor he or she clalms to have Ilsted in enor and the
intended subcontractor who had bld to the prlme contractw prior to bld opening.
Any listed subcontractor who has been notified by the prime contractor in accordance with
this section as to an inadvertent clerical error shall be allowed six working days from the
time of the prlme bid opening wlthin which to submit to the awarding authorlty and to the
prlme contractor written objection to the prime contrector's claim of inadvertent cle ical
error. Fellure of the listed subcontractor to file the written notice within the six working days
83
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shaN be primary evidence of his or her agreement that an inadvertent clerical eRor was
made.
The awarding euthority may, after e public hsaring as provided in Section 3.30.190 of this
chapter and in the absence of vompelling reasons to the contrary,consent to the
subsUtution of the intended subcontractor. (Ord.927§ 1 (part),2000)
3.30.210 Faithful pertormance and payment bonds of subcontractors.
A. It shall be the responsibif ity of each subcontractor submitting blds to a prime contractor
to be prepared to submit a faithful performance and payment bond or bonds lf so
requested by the prime contractor.
B. In the event any subcontractor submitting a bki to a prime contractor does not, upon the
request of the prime contractar end at the expense of the prime contractor at the
established charge or premium therefor,fumish to the prime contractor a bond or bonds
issued by an admltted surety wherein the prfine contractor shal{be named the obligee,
guaranteeing prompt and faithful performance of the subcontract and the payment of all
claims for labor and materials furn(shed or used in and about the work to be done and
performed under the subcontract,the prime conhactor may reject the bid and make a
substltution of another subcontrector subject to Section 3.30.190 of th(s chapter.
C. 1.The bond or bonds may be requfred under this section only if the prime contractor in
his or her written or published request for sub-bids dearly speGfles the amount and
requirements of the bond or bonds.
2. If the expense of the bond or bonds required under th(s sect(on is to be borne by the
subcontractor,that requirement shall also be specified in the prime contractor's written or
published request for sub-bids.
3.The prime contractor's failure to specify bond requirements,in accordance with this
subdivision, in the written or published request for sub-blds shall preclude the prime
contractor from imposing bond requirements under this section.(Ord. 927§ 1 (part),200Q)
3.30.220 Subletting or subcontracting portion in excess of certain
percent of prime contractor's total btd to which no subcontractor was
designated in original bid.
Subletting or subcontracting of any portlon of the work in excess of one-half of o e percent
of the prfine contractor's total bid as to which no subcontractor was designated in the
originaf bid shatl only be permitted in cases of public emergency or necessity,and then
only after a finding reduced to writlng as a public record of the city setting forth the facts
constituting the emergency or necessiry. (Ord.927 1 (part),2000)
3.30.230 Violations of chapter and contracts--Cancellation or penalty--
Notice and hearing.
A prime contractor violating eny of the provfsions of this chapter violates his or her contract
and the awarding authority may exercise the option, in its own d(scretion,of(1)canceling
his or her contract or(2)assessing the prime contractor a penalty in an amount of not
more than ten percent of the amount of the subcontract InvoNed, and this penalty shall be
deposited fn the fund out of which the prime contract is awarded. In any proceedings under
this section the prime contractor shall be entitled to a public hearing and to five days'
notice of the time and place thereof. (Ord,927§ 1 (part),2000)
3.30.240 Subcontractor and prime contractor.
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As used in this chapter,the word"subcontractor'ahall mean a contractor, within the
meaninq of the provisions of Chepter 9(commencing with Sectlon 7000)of Divisfon 3 of
the Business end Professions Code,who contracts direcUy with the prtme contractor. (Ord,
927 g 1 (part},2000)
4Pa 3r
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ExxisiT r
LEGAL DESCRIPTION OF DW/AB PROPERTY
As to Desert Wells 237, LLC, an undivided 80.2% interest in the property described as follows,
and as to Albor Properties III, LP, an undivided 19,8% interest in the property described as
follows:
PARCELS 1, 2, 3, 4, 5, 6, 7, 10 AND 14 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP
ON FILE IN BOOK 211 PAGES 63 THROUGH 75, OF PARCEL MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
asa x2.y I-1
86
12/21/Z605 17:28 9496447620 HOUER DEVELOPMENT PAGE 03/04
ARBI'TRATOR AIVD AWARD, IF ANY, MAY BE ENTERED WITH ANY COURT HAVING
JURISDICTION AND THE DETERMINATTON AND AWARD, 1F ANY, N1AY THEN BE
ENF RCED AMONG THE PARTIES, WITHOUT FURTHER EVII ENTIARY
P:ROCEEDINGS, AS IF EN'TERED BY A COURT AT THE CONCLUSTON OF A NDICIAL
PROCEEDING TN WHICH NO APPEAL WAS TAKEN.
NOTICE: BY INITIALING 1N THE SPACE BELOW THE PARTIES ARE
AGREEING TQ HAVE ANY DISPt1TF.LINnER THIS AGREEMENT DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND THE PA.RTIES
ARE GIV.ING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DiSPUTE
LTTTGATED TN A COURT 0R NRY TRIAL. BY iN.iTiALjNG iN THE SPACE BELOW
THE PARTIES ARE GIVING UP THEIR NDICIAL RIGHTS TO DISCUVERY AND
AAPEAL, UNLESS SUCH RIGHTS ARE SPECIFiCALLY TNCLUDED IN THIS
AGREEMENT. IF A PARTY REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVIS ON, SUCH 1'ARTY MAY BE COMPELLED TO
ARB.ITR.ATE UNDER THE AUTHORITY OF TI CCP. THE PARTIES AGREEMENT TO
THIS ARBITRATiON PROViSION IS VOT_.tTNTARY.
THE PARTTES HAVE READ AND UNDERSTAND THE'OREGOING AND AG.REE
TO SUBMIT DISPUTES A UNDER THIS AGREETv NT TO NEEJTRAL AR.BITRA'1'lON BY
PLACING THETR INITIALS HER '
i
i
outh North City ;
ner Owner
This Space Intentionally Left Blank; Signatures Begin On Tlie Next Paje]
i
s;=i s2. 1
Facsimile Received on 12/21/2005 4 :25:Q3 PM
87
DEC-22-2005 THU 07 36 AM CORNERSTONE INVESTORS FAX N0, 760 778 4417 P, 11
ARBITRATOR AND AWARD,IF ANY,MAY BE N'I'flRED WITH ANY COUR'T HAVIl IGJiJRLSDICTIONANDTHEDETERMINATIONANDAWARU,IF ANY.MAY THEN BEENFQRCEDAMONGTHEPARTIES,WITH4UT FURTHER EVLDENTIARYPROCEEDINGS, AS IF ENTEREn BY A COUR AT THE CONCLUSiON OF A NDICiAL
PROCEEDING IN WHICH NQ APPEAL WAS TAKEN,
NOTICE: BY 1NITIALING IN THE SPACE BELOW THE PARTIES ARE
pGREEING TO HAVE ANY DISPUTE UNDEIL THIS ACrREEMENT DECIDED AYNEUTRAY.,ARBITR.ATION AS PR VID D BY CALIFORNIA LAW AND THB PARTI S
pRE CIViNG Up ANY RIGHTS THEY MIG'T POSSESS TO HAVE TI DTSPUTE
LITIGATEA 1N A COUR1'OR 1URY TR1Al... BY 1NiT1AL1NG iN THB SPACB BELOW
THE PARTIES ARE GN1NC LTI'TI EIR N ICIAI..RIGHTS T4 DISCOVERY ANDApPAL, UNL SS SUCH RiGHTS ARE SPECIFICALLY 1NCLUDEA 1N TH1S
AGREEMENT. IF A PARTY REFUS S T SUBMIT TO ARBITRATYON AFTER
AGREF.ING TO THIS PROVISION, SUCH 1'ARTY MAY BE COMPELLED TO
A tgITitATE UNDER THE AUTHORITY'THE CCP. THE PARTJES AGREEMENT TO
1 TS ARgITRA'TION PROVISION IS VOLUNTARY•
THE PARTIES HAVE READ AND UNDERSTAND TkIE FOREGOINC AND AGREE
TO SUBMTT DISPj.1'!'S a LJNDFR'CHIS AGREEMEENI'T NBUTRAL ARBI TION BY
PLACING THEIR INTTIALS HERE:
South North City
pwner Owner
This Spaco IntentionQlly Left Blank; Signatures Begin On The Nexc Page]
85a'82.9 12
Pacsimile Received on 12/22/2005 7:59:46 AM
88
12/21/2005 17:28 9496447620 HOVER DEVELOPI ENT PAGE 04/04
IN WIT'NESS WHEREOF, the parties hereto have execuied this Road Improvement
A ree r e t as of the date rst written above.
SUU'1 H OWNER: PALM DESERT FUNDING COMPANY, L.P., a Deiaware
limited part»ership
By: Palm Desert Funding Company,LLC, a Delaware
limited liability company, its General Partner
By: Pa1m eserc Fundin Company, Inc., a
Delaw re corporation, its Mana er
By:
omas I. Hover, Authorized A ent
NORTi l OWI IER:PALM DESERT NORTH 80,LLC, a California limited
liability company
By: Cornerstone Desert Properties l, LLC, a California
limited liability company, its Manager.
Dy: Marix.Family Limited Partnership, a
Delaware limited Partnership, its Manager
By: Marix Family Trust U/D/T dated as of
October 12, 2002, as amended, its
General Partner
By:
Michael S. Marix, Trustee
Si natures Continue On The Next Page]
ssa sz. 13
Facsimile Received on 1?_/21/2005 4 :25:03 PM
89
DEC-22-2005 THU 07;37 AM CORNERSTONE INVESTORS FAX N0, 760 778 4417 P, 12
I1 T WITNESS WHER aF,the parties hereto have executed this Road Improvement
Agreemant as of the date flrst writ en above.
SOUTH OWNER: PALM DESE]tT FUNDjNG C4MPANY, L.P., a Delaware
limited partnerslup
gy; Palin Desert Funding Company,T.I-C,a De]aware
limited liabiliry campany,its General Partner
By: Palm Pesert F nding Campany,Inc.,a
Delawara oorporation, its Mat ager
By:
Thomas i.Hover,Antharized Agant
NORTH OWNER; PALM DESER'f NORTH 80,LLC,e C lifomia limited
liability company
By: Comerstone Deswt Properties Y,L.LC,a Califomia
limited liability company,its Ntanage.r•
By; Marix Family Limited Partnership,a
Dclaware limiud Partnership,its Manager
By: Marix Family'itiust U/D/T dated as of
October 2,2002,as amended,its
Genera)Ptutner
By:
Mi ael .Marix,"Tn stee
Stgnatures Cominue On The Next Page]
y,9 13
Facsimile Received on 12/22/2005 7 :59:46 AM
90
RESOLUTION NO. 06- 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT MODIFYING THE RESOLUTION OF
INTENTION TO ELIMINATE CERTAIN FACILITIES FROM
FINANCING BY PROPOSED CITY OF PALM DESERT
COMMUNITY FACILITIES DISTRICT NO. 2005-1
UNIVERSITY PARK)
RECITALS:
WHEREAS, in accordance with a request set forth in a petition signed by the
owners of certain land proposed for inclusion in a proposed community facilities district
the "Petitioning Landowners"), the City Council (the "City Council") of the City of Palm
Desert, California (the "City"), has previously adopted a resolution entitled "A Resolution
of Intention of the City Council of the City of Palm Desert to Establish City of Palm
Desert Community Facilities District No. 2005-1 (University Park) and to Authorize the
Levy of a Special Tax within City of Palm Desert Community Facilities District No. 2005-
1 (University Park)" (the "Resolution of Intention to Establish District") stating its
intention to conduct proceedings to form City of Palm Desert Community Facilities
District No. 2005-1 (University Park) (the "District") pursuant to the Mello -Roos
Community Facilities Act of 1982, as amended, commencing with Section 53311 of the
California Government Code (the "Act") to finance certain public facilities to serve the
District (the "Facilities"); and
WHEREAS, a copy of the Resolution of Intention to Establish District setting forth
a description of the proposed boundaries of the District, the Facilities to be financed by
the District, including incidental expenses, and the rate and method of apportionment of
the special tax proposed to be levied within the District is on file in the office of the City
Clerk of the City; and
WHEREAS, the City Council has previously adopted a resolution entitled "A
Resolution of Intention of the City Council of the City of Palm Desert to Incur Bonded
Indebtedness Within Proposed City of Palm Desert Community Facilities District No.
2005-1 (University Park)" (the "Resolution of Intention to Incur Bonded Indebtedness")
stating the City Council's intention, acting as the legislative body of the District, to
authorize the issuance and sale of one or more series of bonds for the District in
maximum aggregate principal amount of $70,000,000 to finance the cost of Facilities;
and
WHEREAS, the Resolution of Intention to Establish District and Resolution of
Intention to Incur Bonded Indebtedness set December 8, 2005 as the date of a public
hearing on the establishment of the District, the extent of the District, the furnishing of
Facilities to serve the District, the proposed rate and method of apportionment of the
special tax within the District, and the proposed debt issue; and
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WHEREAS, a notice of the public hearing was published and was mailed to all
landowners proposed to be included in the District in accordance with the Act; and
WHEREAS, prior to the date of the public hearing, the Petitioning Landowners
made the determination to exclude the development impact fees of the Palm Springs
Unified School District and the school improvements to be constructed thereby (the
School Facilities") from the list of public facilities to be financed by the District, in the
interest of applying a greater portion of the District's financing to the facilities to be
owned by the City and the Coachella Valley Water District (the "CVWD"); and
WHEREAS, prior to the date of the public hearing, there was filed with the City
Council a report containing a description of the facilities necessary to adequately meet
the needs of the District and an estimate of the cost of financing such facilities as
required by Section 53321.5 of the Act (the "Report"), which Report amends the list of
Facilities to delete the School Facilities from the list of public facilities to be financed by
the District; and
WHEREAS, the aforementioned public hearing was duly continued from
December 8, 2005 in the City Council Chamber to 4 p.m. on January 12, 2006 in the
City Council Chamber upon a finding by the City Council that, pursuant to Section
53325 of the Act, it is appropriate and necessary to continue such hearing, in order to
a) ensure adequate time to address the complexities of the District relating to certain
facilities to be financed by the District and owned by the CVWD, and a joint community
facilities agreement (the "JCFA") relating thereto, and (b) ensure adequate opportunity
for public comment and participation, including without limitation the comment and
participation of the CVWD, with respect to the proposed Facilities and JCFA; and
WHEREAS, prior to the reconvening of the public hearing on January 12, 2006, it
was determined that certain park improvements and park land site acquisition identified
in Sections VIII.E. and VIII.F. of Exhibit "A" of the Resolution of Intention to Establish
District (the "Parks E and F Improvements"), also described as "Park E" and "Park F,"
respectively, will not be owned by the City or any other governmental entity and may not
be financed by the District by the issuance of its tax-exempt bonds without exceeding
applicable limits under federal tax law regarding the amount of bond proceeds
reasonably expected to be expended on privately -owned facilities; and
WHEREAS, Section 53325 of the Act permits the City Council to modify the
Resolution of Intention to Establish District by eliminating proposed facilities, if the City
Council makes such modifications at the aforementioned public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT:
1. Recitals. The above recitals are all true and correct.
2. Modification of Resolution of Intention to Establish District. The City Council
hereby modifies and amends the Resolution of Intention to Establish District, and
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the list of Facilities therein, to eliminate the School Facilities and the Parks E and
F Improvements from the list of authorized Facilities.
PASSED AND ADOPTED this 12th day of January, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Jim Ferguson, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
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RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE FORM OF A JOINT
COMMUNITY FACILITIES FINANCING AGREEMENT BY AND AMONG
THE CITY OF PALM DESERT, THE COACHELLA VALLEY WATER
DISTRICT, AND PROPERTY OWNERS PERTAINING TO THE CITY OF
PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1
UNIVERSITY PARK)
RECITALS:
WHEREAS, the City Council of the City of Palm Desert (the "City Council") has
initiated proceedings to create a community facilities district pursuant to the terms and
provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part
1, Division 2, Title 5 of the Government Code of the State of California (the "AcY') for the
purpose of providing for the financing of the construction and/or acquisition of certain
public facilities. This proposed community facilities district is designated as City of Palm
Desert Community Facilities District No. 2005-1 (University Park) (the "Community
Facilities DistricY'); and
WHEREAS, the Coachella Valley Water District (the "DistricY') provides water
and sewer service to the property within the proposed Community Facilities District; and
WHEREAS, included among the public facilities proposed to be constructed
and/or acquired are certain facilities necessary to serve the property within the
proposed Community Facilities District and which will be owned, operated and
maintained by the District; and
WHEREAS, the Act provides that the Community Facilities District may finance
facilities to be owned or operated by an entity other than the City of Palm Desert (the
City") pursuant to a joint community facilities agreement adopted pursuant to Section
53316.2 of the Act; and
WHEREAS, Section 53316.2 of the Act provides that the City Council and the
Board of Directors of the District (the "Board of Directors") may enter into a joint
community facilities agreement at any time prior to the adoption by the City Council of a
resolution of formation creating the Community Facilities District if each legislative body
adopts a resolution declaring that such joint community facilities agreement would be
beneficial to the residents of the respective district governed by such legislative body;
and
WHEREAS, the form of a Joint Community Facilities Agreement by and among
the City, the District, Desert Wells 237, LLC, a California limited liability company, Palm
Desert Funding Company, LP, a Delaware limited partnership, The University Park
Partnership, a California general partnership, Shaw/Palm Desert 1, LLC, a California
limited liability company, and Sinatra & Cook Project, LLC, a California limited liability
company (the "JCFA"), has been presented to this City Council for its consideration;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Declaration. The City Council hereby declares that the JCFA would be
beneficial to the residents of the City.
Section 3. A proval of JCFA. The form of JCFA as presented to this City Council
and on file with the City Clerk is hereby approved. The Mayor is hereby
authorized and directed to execute and deliver the JCFA substantially in
the form on file with the City Clerk and presented to this meeting, with
such additions thereto or changes or insertions therein as may be
approved by the Mayor (such approval to be conclusively evidenced by
such execution and delivery).
PASSED, APPROVED, and ADOPTED this 12th day of January, 2006.
Jim Ferguson, Mayor
ATTEST:
Rachelle D. Klassen, City
Clerk
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W\Agenda Items\2006-Jan 12\Univ Park CFD No 2005-1\Palm Desert-Reso Approving JCFA_s DOC
PG-I()I.IO i2\8 I 28G-I.
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JOINT COMMUNITY FACILITIES AGREEMENT
by and among
CITY OF PALM DESERT,
COACHELLA VALLEY WATER DISTRICT,
DESERT WELLS 237, LLC,
PALM DESERT FUNDING COMPANY, LP,
THE UNIVERSITY VILLAGE PARTNERSHIP,
SHAW/PALM DESERT 1, LLC,
AND
SINATRA & COOK PROJECT, LLC
RELATING TO
CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT
NO. 2005-1 ( UNIVERSITY PARK)
Dated as of 20
R c,s cica„ 12.2s.11
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JOINT COMMUNITY FACILITIES AGREEMENT
BY AND AMONG
CITY OF PALM DESERT,
COACHELLA VALLEY WATER DISTRICT,
DESERT WELLS 237, LLC,
PALM DESERT FUNDING COMPANY, LP,
THE UNIVERSITY VILLAGE PARTNERSHIP,
SHAW/PALM DESERT 1, LLC,
AND
SINATRA & COOK PROJECT, LLC
City of Palm Desert Community Facilities District No. 2005-1 ( University Park)
THIS JOINT COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and
entered into as of the day of 20_, by and among the COACHELLA
VALLEY WATER DISTRICT, County of Riverside, State of California, a county water district
CVWD"), the CITY OF PALM DESERT, a municipal corporation ("City"), DESERT
WELLS 237, LLC, a California limited liability company ("DW 237"), PALM DESERT
FUNDING COMPANY, LP, a Delaware limited partnership ("PDFC"), THE UNIVERSITY
VILLAGE PARTNERSHIP, a California general partnership ("UV Partnership"), and
SHAW/PALM DESERT l, LLC, a California limited liability company ("Shaw"), and
SINATRA & COOK PROJECT, LLC, a California limited liability company ("S&C," and each
individually and together with DW 237, PDFC, UV Partnership, and Shaw, as the context may
require, the "Property Owner").
RECITALS:
A. Property Owner has requested that City form a community facilities district to be
known as "City of Palm Desert Community Facilities District No. 2005-1 ( University Park)"
the "CFD" or "Community Facilities District") pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982, as amended (the "Act").
B. Property Owner, collectively, are the owners of certain real property (i) located
within the boundaries of CVWD and the City, (ii) proposed to be included in the boundaries of
the CFD, which boundaries are depicted in Exhibit "A-1" hereto (the "Property"), and (iii)
respectively owned by each Property Owner as set forth in Exhibit "A-2" hereto.
C. Property Owner intends to develop the Property for residential, commercial,
office and hotel purposes and has obtained or intends to obtain the necessary development
approvals to construct approximately one thousand four hundred (1,400) residential units and
approximately sixty (60) acres of commercial, office and hotel land uses. Development of the
Property shall be referred to as the "Project."
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D. The Project will require the payment, pursuant to the rules and regulations of
CVWD, as amended from time to time ("CVWD Rules and Regulations"), of certain CVWD
Charges (defined below). An amount equal to all or a portion of the CVWD Charges may be
paid directly to CVWD from time to time out of Bond Proceeds (defined below) pursuant to this
Agreement.
E. The Project will also benefit, in whole or in part, from the construction of certain
Acquisition Facilities (defined below and described on Exhibit "B" attached hereto). CVWD
and the Property Owner agree that any Acquisition Facilities to be constructed by Property
Owner shall be eligible for acquisition by CVWD. Property Owner and City agree that the costs
thereof shall be eligible for reimbursement out of Bond Proceeds pursuant to the terms of this
Agreement.
F.In conjunction with the issuance of building permits for the construction of
residential dwelling units or commercial, office or hotel buildings within the Project and/or
installation of water meters for such residential dwelling units, or commercial, office or hotel
buildings, it may be necessary for Property Owner to provide, or cause to be provided, a deposit
to cover CVWD Charges to CVWD (the "Deposits") before any Bond Proceeds are available to
pay for CVWD Charges. Reimbursement of a Deposit shall be subject to receipt of Bond
Proceeds and the Allocation Agreement as more particularly set forth herein.
G. The Project will also require certain public improvements to be owned, operated
or maintained by the City, or to which the City contributes revenue (the "City Improvements"),
which will also be eligible for financing through the CFD. The City Improvements expressly are
not subject to the terms of this Agreement, and the construction and funding of the City
Improvements shall be governed by the terms of the Acquisition Agreement.
H. Pursuant to the request of the Property Owner, the City Council of the City
intends to form the CFD pursuant to the Act (defined below) to provide financing of the CVWD
Charges, Acquisition Facilities, and City Improvements through the levy of special taxes and
issuance of bonds by the CFD.
I.City and CVWD are authorized by Section 5;; 1;.5 of the Act to pay for or
finance, by means of the CFD, the CVWD Charges, Acquisition Facilities, and City
Improvements. This Agreement constitutes a "joint community facilities agreement" within the
meaning of Section 5;;16.2 of the Act by and among CVWD, the City, and Property Owner,
pursuant to which the CFD, when formed, will be authorized to finance the City Improvements
and CVWD Charges and to finance the construction and acquisition of Acquisition Facilities.
Pursuant to Section 5;;16.6 of the Act, the Parties hereby agree the responsibility for
constructing the Acquisition Facilities is delegated to the Property Owners to the extent set forth
herein, and the responsibility for operating the Acquisition Facilities is delegated to CVWD to
the extent set forth herein.
J.The provision of the City Improvements, Acquisition Facilities, and CVWD
Charges is necessitated by the Project, and the Parties hereto find and determine that (i) the
residents of the CVWD will be benefited by the payment of CVWD Charges and construction
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and acquisition of the Acquisition Facilities, and (iii) this Agreement is beneficial to the interests
of the residents of the City and the CVWD.
ARTICLE 1
GENERAL PROVISIONS
Section 1.1 Recitals.
The above recitals are true and correct and are hereby incorporated by this reference.
Section 1.2 Definitions.
Unless the context clearly otherwise requires, the terms defined in this Section shall, for
all purposes of this Agreement, have the meanings herein specified.
a) "Acquisition Agreement" shall mean the Acquisition Agreement(s)
between City and Property Owner, or any one of them, relating to the CFD, as such agreement(s)
may be amended from time to time.
b) "Acquisition Facility" or "Acquisition Facilities" means those sewer and
water facilities listed on Exhibit "B" hereto, which are eligible to be constructed by the Property
Owner, acquired by C V W D and paid for with Bond Proceeds.
c) "Act" means the Mello-Roos Community Facilities Act of 1982, as
amended, commencing with California Government Code Section 5;;1 1, c!.s c c/.
d) "Acquisition Price" means the amount to be paid out of Bond Proceeds for
an Acquisition Facility.
e) "Actual Costs" with respect to an Acquisition Facility means the
substantiated cost of an Acquisition Facility, which cost includes: (i) the actual hard
construction costs (evidenced by payments to parties unrelated to the applicable Property Owner)
including labor, materials and equipment costs, (ii) the costs incurred in design, engineering and
preparation of plans for such Acquisition Facility, (iii) the fees paid to consultants and
government agencies in connection with and for inspection, obtaining permits, licenses or other
required governmental approvals associated with such Acquisition Facility, including the costs of
the Property Owner Engineer, Field Engineer and Engineer, (iv) a construction management fee
of 5% of the costs described in clause (i) above, (v) professional costs such as engineering, legal,
accounting, inspection construction staking, materials testing and similar professional services
associated with such Acquisition Facility, and (vi) costs of payment, performance of
maintenance bonds, and insurance costs (including the costs of any title insurance) associated
with such Acquisition Facility; provided, however, with respect to any Acquisition Facility listed
under heading I.E. of Exhibit "B" hereto (i.e., well sites), "Actual Costs" shall also include the
value of any real property or interests therein that (1) are required for the construction or
operation of any such Acquisition Facility and (2) are required to be conveyed with such
Acquisition Facility, in an amount equal to the fair market value of such real property or interest
therein.
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Additional Advance" shall have the meaning ascribed to the term in
Section 2.4(b).
g) "Advance" shall have the meaning ascribed to the term in Section 2.4(b).
h) "Agreement" means this Joint Community Facilities Agreement.
i) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net project
or construction funds generated by the sale of the Bonds.
j) "Bond Resolution" means that resolution, resolution supplement, fiscal
agent agreement, indenture of trust or other equivalent document(s) providing for the issuance of
the Bonds.
k) "Bonds" shall mean those bonds or other securities issued by, or on behalf
of, the CFD, as authorized by the qualified electors within the CFD.
1) "CFD" or "Community Facilities District" means the City of Palm Desert
Community Facilities District No. 2005-1 (University Park).
m) "City Improvements" means those certain public improvements to be
owned, operated or maintained by the City or to which the City contributes revenue, which will
also be eligible for financing through the CFD, including facilities financed pursuant to
development impact fees.
n) "Contractors" shall mean any contractors or sub-contractors employed for,
or in connection with, the construction of the Acquisition Facilities.
o) "CVWD Charges" means water connection fees, water system back-up
facilities charges, sewer connection fees, annexation fees, sewer treatment capacity charges and
all components thereof of CVWD imposed upon the Project to pay for the provision of water and
sewer services to and the construction of CVWD water and sewer facilities required to serve the
Project.
p) "CVWD Facilities Fund" means the fund, account or sub-account of the
CFD (regardless of its designation within the Bond Resolution) into which a portion of the Bond
Proceeds may be deposited in accordance with the Bond Resolution and Acquisition Agreement
to finance the construction and acquisition of the Acquisition Facilities and to pay CVWD
Charges.
q) "CVWD Representative" means the CVWD General Manager or any
designee thereof.
r) "CVWD Rules and Regulations" means the rules, regulations, procedures
and requirements of the CVWD, as amended from time to time.
s) "Deposits" means an amount deposited with CVWD by any Property
Owner prior to the disbursement of Bond Proceeds to CVWD for CVWD Charges and which
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may be eligible for refund by CVWD to the Property Owner who paid such Deposits (or its
designee) upon the sale of Bonds, subject to the Allocation Agreement.
t) "Engineer" means the engineering firm or in-house personnel used by
CVWD to determine the value of an Acquisition Facility to be acquired with Bond Proceeds.
u) "Facilities" means the City Improvements, Acquisition Facilities and
CVWD Charges.
v) "Field Engineer" shall have the meaning ascribed to the term in
Section 3.1(a).
w) "Party" or "Parties" shall mean any one or all of the parties to this
Agreement, including the CFD which, upon its formation, shall be considered to be a party to
this Agreement and bound by its provisions.
x) "Plans and Specifications" shall mean the plans and specifications for the
design and construction of an Acquisition Facility as approved by CVWD, which approval shall
not be unreasonably withheld.
y) "Project" means development of the Property as described in Recital C of
this Agreement.
z) "Property" means the real property depicted in Exhibit "A-1" hereto.
aa) "Rate and Method" means the Rate and Method of Apportionment of the
Special Tax for the CFD authorizing the levy and collection of special taxes pursuant to
proceedings undertaken for the formation of the CFD pursuant to the Act.
bb) "State" means the State of California.
cc) "Special Taxes" means the special taxes authorized to be levied and
collected within the CFD pursuant to the Rate and Method.
dd) "Substantially Complete" or "Substantial Completion" with respect to an
Acquisition Facility means that such Acquisition Facility is substantially complete in accordance
with its Plans and Specifications and is available for use by the public for its intended purpose,
notwithstanding any final "punch list" items still required to be completed, unless such items are
required for the safe operation of such Acquisition Facility, and shall be based upon approval of
CVWD's inspectors, which shall not be unreasonably withheld.
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ARTICLE 11
FORMATION OF CFD AND ISSUANCE OF BONDS
Section 2.1 Proposed Formation of the CFD.
a) The City, pursuant to the written request of the Property Owner, has initiated
proceedings pursuant to the Act for the formation of the CFD, the authorization of the Special
Taxes, and the authorization of Bonds on behalf of the CFD. Nothing contained herein shall be
deemed to limit the discretion of the City in that regard and the City shall have no liability to
CVWD or any Property Owner if the CFD is not formed, if the Special Taxes or Bonds are not
authorized by the qualified electors within the CFD, or if Bonds are not issued by the CFD.
b) City hereby agrees that the name "Coachella Valley Water District" or the
initials "CVWD" shall not appear in the name of the Community Facilities District or on any
property tax billing. Further, City agrees that any property tax billing will not indicate that the
billing or any portion thereof is for water and/or sewer facilities and/or fees.
c) CVWD is not directly or indirectly approving or responsible in any way
whatsoever for (i) the formation of the Community Facilities District, (ii) the levying of any
special tax with respect to the Community Facilities District, or (iii) the issuance of the Bonds.
CVWD shall not be responsible in any way whatsoever for any cost or expense for the formation
of the Community Facilities District or any matter whatsoever having to do with the same,
except as specifically provided herein.
Section 2.2 Issuance and Sale of Bonds.
In the event that the CFD is formed, the City Council of the City, acting as the legislative
body of the CFD, may in its sole discretion finance, among other things, the Acquisition
Facilities and the CVWD Charges by issuing the Bonds. The election by the City to finance or
not to finance the Acquisition Facilities and the CVWD Charges and/or the fact that there may
not be sufficient Bond Proceeds to pay the CVWD Charges shall in no way relieve the owner of
any Property from its obligation with respect to paying fees and charges, including without
limitation, CVWD Charges with respect to the development of the Property or to otherwise
comply with the CVWD's Rules and Regulations. The purpose of this Agreement is to provide,
pursuant to Sections 5;;16.2 and 5;;16.6 of the Act, the allocation and distribution among the
Parties of the proceeds of the Special Taxes and any Bonds secured thereby and issued.
The CVWD and each Property Owner acknowledge that the decision of the City Council
of the City to form the CFD, to include any particular improvement or facility among the
improvements and facilities to be financed by the CFD, or to cause the CFD to issue Bonds is a
legislative action, and the City may not enter into an agreement to obligate the City Council to
exercise its legislative discretion in a particular manner or for a particular result. This
Agreement does not, therefore, in any way create a contractual, legal, or equitable obligation of,
or commitment by, the City to approve the formation of the CFD, to cause the CFD to issue
Bonds, to construct, or cause the construction of, any Acquisition Facilities, or to finance all or
part of the C V W D Charges.
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In the event the CFD is formed and the Special Taxes and Bonds are authorized, the City
Council of the City, acting as the legislative body of the CFD, may, in accordance with its
adopted policies, adopt the Bond Resolution and issue the Bonds to finance the Facilities.
Section 2.3 Bond Proceeds.
a) Prior to the issuance of the Bonds by the CFD, each Property Owner will agree in
writing among themselves (the "Allocation Agreement") as to the priority and allocation of the
Bond Proceeds that the City makes available to finance the CVWD Charges and/or the
Acquisition Facilities. The Allocation Agreement will provide for the priority and allocation of
the Bond Proceeds, and the priority in, and amount of, the return of the Deposits, in the event
that such Bond Proceeds are not sufficient to finance all of the City Improvements, the CVWD
Charges and the Acquisition Facilities. The distribution e of the Bond Proceeds for Acquisition
Facilities and CVWD Charges, and the return of the Deposits, set forth in this Agreement shall
be subject in all respects to the priority set forth in Allocation Agreement. The Property Owner
shall submit the Allocation Agreement to the City and CVWD prior to requisitioning any Bond
Proceeds. In the absence of such an Allocation Agreement, the City shall allocate Bond
Proceeds to the CVWD Facilities Fund in the following order to priority (with the estimated
costs of the higher priority Facility being funded and/or reserved before funding and/or
reservation of the estimated costs of the next highest priority Facility): first to finance
Acquisition Facilities that are back-bone infrastructure, (i.e., the Water Improvements listed in
Exhibit "B" under Items A-E, inclusive, and the Sewer Improvements listed in Exhibit "B" under
items A-D, inclusive); and second, to finance CVWD Charges and in-tract Acquisition Facilities.
The Property Owner hereby agrees that CVWD shall have no liability for complying with
or failure to comply with any term, condition or provision in the Allocation Agreement, nor shall
CVWD be responsible for interpreting the same. Property Owner hereby waives any claim or
defense it may have against, and releases CVWD with respect to the Allocation Agreement for
any reason whatsoever, including, but not limited to, compliance with or failure to comply with
any term, condition or provision therein. The foregoing waiver and release shall not apply to the
extent a court of competent jurisdiction finds that CVWD is grossly negligent. In furtherance of
this intention, Property Owner acknowledges that it/they is/are familiar with .5'c c i,fl 1-2 of the
ivil('odc of the State of California.
A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor."
Property Owner hereby waives and relinquishes any right or benefit which it/they
has/have or may have under .5'c c i,fl 1-2 of the ('i il ('cic of the State of California to the full
extent that it/they may lawfully waive all such rights and benefits pertaining to released matters.
In connection with such waiver and relinquishment, Property Owner acknowledges that it/they
are aware that it/they may hereafter discover claims presently unknown or unsuspected, or facts
in addition to or different from those which it/they now know or believe to be true, with respect
to the released matters. Nevertheless, it is the intention of Property Owner to fully, finally and
forever settle and release all such matters, and all claims relative to the released matters.
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Notwithstanding any provision in the Allocation Agreement, CVWD shall not have any
obligation to service that portion of the Property owned by any Property Owner , unless and until
CVWD receives the CVWD Charges allocated to that portion of the Property to be serviced, and
such Acquisition Facilities as shall be determined by CVWD are constructed and accepted as
shall be required hereunder (whether or not such Acquisition Facilities to be constructed by such
Property Owner hereunder) and such Property complies with the CVWD Rules and Regulations.
b) In conjunction with the recording of the final subdivision maps for the Property,
the issuance of building permits for the construction of homes or commercial, office or hotel
buildings within the Property and/or installation of water meters for such homes or commercial,
office or hotel buildings, it may be necessary for the applicable Property Owner to make, or
cause to be made, Deposits before Bonds are issued. Subject to the Allocation Agreement, in the
event (a) the City elects to finance the CVWD Charges (in whole or in part), and (b) the City
determines that Bond Proceeds exist to finance the CVWD Charges (in whole or in part) upon
the issuance and sale of the Bonds, such Property Owner and CVWD may execute and submit a
payment request, in substantially the form attached hereto as Exhibit "C", to the CFD requesting
disbursement to CVWD of an amount not to exceed the amount on deposit in the CVWD
Facilities Fund which is reserved for the payment of CVWD Charges. As proceeds of the Bonds
are transferred to CVWD to fund CVWD Charges, a Property Owner that is participating in the
financing of CVWD Charges on its Property shall receive a credit, in an amount equal to the
amount of such Bond Proceeds so received, against the CVWD Charges required to be paid by
the owner of Property in connection with the development of the Property. Nothing herein shall
supersede the obligation of any owner of the Property to pay CVWD Charges to CVWD when
due.
Section 2.4 Responsibilitv for CVWD Char es and
Acquisition Facilities.
a) The Parties hereto acknowledge and agree that the final responsibility for the
payment of the CVWD Charges on a parcel of Property lies with the owner of that parcel of
Property, and the design, construction and dedication of Acquisition Facilities to be constructed
by Property Owner lies with the applicable Property Owner.
b) If the amounts derived from Bond Proceeds deposited in the CVWD
Facilities Fund and reserved for the financing of CVWD Charges, including investment earnings
thereon, if any are not sufficient to fund the total cost of the CVWD Charges, the applicable
Property Owner (as determined by the Allocation Agreement) shall, within ten (10) days of a
written request from C V W D, deposit with C V W D, such sum, when added to the Bond Proceeds
received by CVWD, shall be satisfactory in CVWD's reasonable discretion, to be sufficient to
pay all of the CVWD Charges imposed upon such Property Owner's Property ("Advance"). A
Property Owner shall have no right vested whatsoever to receive water and/or sewer service at
the applicable Property until the CVWD Charges for the Property owned by such Property
Owner have been tendered in full. The failure of another Property Owner to pay or provide for
the payment of the CVWD Charges shall not impact the development of the Property owned by
another Property Owner who has paid, or provided for the payment of, all CVWD Charges on its
Property. The Advance shall be held by CVWD to finance the CVWD Charges for the Project,
provided that CVWD shall first exhaust all available Bond Proceeds prior to the use of the
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Advance. Each Property Owner hereby authorizes C V W D to use or apply any Advances
provided by such Property Owner to finance the applicable CVWD Charges for such Property
Owner's Property. No Property Owner shall be entitled to interest on any Advance. Any portion
of any Advance remaining after funding all the CVWD Charges for the Property shall be
returned to applicable Property Owner within ten (10) business days. If additional Advances are
necessary, the applicable Property Owner shall, within ten (10) business days after written
demand therefor, deposit cash with CVWD in an amount sufficient to fund such additional
CVWD Charges ("Additional Advances"). As any Advances and Additional Advances are
transferred to CVWD to pay CVWD Charges, the applicable Property Owner shall receive a
credit in the amount transferred against the payment of CVWD Charges owing to CVWD with
respect to such Property Owner's portion of the Project.
c) All CVWD Charges shall be paid in such amounts and at such times as required
by CVWD's Rules and Regulations. Any Property Owner may elect to make one or more
Deposits before Bonds are issued to pay the CVWD Charges to CVWD when due. No Property
Owner shall be entitled to interest on any such Deposits. In the event any Property Owner makes
such Deposits as set forth herein, the full amount of such Deposits shall be reimbursed to
Property Owner if and when Bonds are issued and City has delivered such Bond Proceeds to
CVWD to the extent the Bond Proceeds are sufficient to pay all CVWD Charges.
Notwithstanding the foregoing, if Bond Proceeds deposited in the CVWD Facilities Fund and
reserved to pay CVWD Charges are insufficient to fund the entire CVWD Charges applicable to
any Property Owner's portion of the Project, the applicable Property Owner (as determined by
the Allocation Agreement) shall be required to deposit Advances to offset the shortage in
accordance with the terms set forth herein. In the event Bonds are not issued or Bonds are not
issued in an amount sufficient to pay the CVWD Charges for the Property, CVWD shall have no
obligation to refund the Deposit(s) and CVWD shall have no liability to reimburse any amounts
previously advanced by Property Owner, except to such extent that Bond Proceeds deposited in
the CVWD Facilities Fund and reserved to pay CVWD Charges (if any) and Deposit(s) made by
Property Owner exceed the amount due and owing on the CVWD Charges, then CVWD shall
refund any overage to the applicable Property Owner, subject to the Allocation Agreement.
d) In addition to financing the CVWD Charges described above, the Parties
acknowledge that CVWD may require the Property Owner, or any of them, pursuant to the
CVWD Rules and Regulations, to design, construct and dedicate to CVWD Acquisition
Facilities as a condition to providing water and sewer service to the Property. The Parties also
agree and acknowledge that all responsibility and obligation for the design, construction and
dedication of such Acquisition Facilities to CVWD, in accordance with all applicable statutes
and the CVWD Rules and Regulations, shall be and remain the responsibility of the Property
Owner.
e) CVWD agrees to utilize or apply funds provided to it by the CFD in accordance
with the Act and other applicable law, and as set forth herein and in the Allocation Agreement,
for the CVWD Charges and Acquisition Facilities to be constructed by Property Owner.
Property Owner shall indemnify, defend, and hold harmless CVWD, its
officers, directors, employees, agents, officials, representatives, successors and assigns (each an
Indemnified Person", and collectively the "Indemnified Persons") and each and every one of
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them from and against all actions, causes of action, liabilities, costs, damages, claims, losses or
expenses of every type and description (including without limitation attorneys' fees) to which
they may be subjected or put, whether known or unknown, existing or potential, anticipated or
unanticipated, by reason of, or resulting or arising from this Agreement, including without
limitation, the following: (i) any act or omission of Property Owner under this Agreement,
including, but not limited to, any act or omission by Property Owner's consultants, employees,
agents, contractors, subcontractors and anyone directly or indirectly employed by Property
Owner, or anyone for whose acts any of them may be liable (collectively, "Representatives"), in
connection with the planning, design, construction or installation of the Acquisition Facilities;
ii) the establishment of the Community Facilities District; (iii) the levy of Special Taxes; (iv)
the issuance of Bonds; (v) the financing of all or a portion of the CVWD Charges and
Acquisition Facilities from Bond Proceeds; (vi) any disclosure made in connection with the
offering and sale of the Bonds or any continuing disclosure made at any time with respect to the
Bonds, or any matter related thereto; (vii) any violation or alleged violation, breach or alleged
breach by Property Owner or its Representatives of this Agreement; (viii) any Indemnified
Person's performance of its obligations under this Agreement; (ix) any property damage, bodily
injury or death; (x) the design, engineering, construction and installation of the Acquisition
Facilities; and (xi) the nature or physical condition of the Acquisition Facilities or any land
conveyed to the CVWD hereunder (including, but not limited to, the presence of any hazardous
materials thereon or therein); provided, however, that Property Owner shall not be required to
indemnify an Indemnified Person as to actions, causes of action, liabilities, costs, damages,
claims, losses or expenses of every type and description (including without limitation attorneys'
fees) resulting from gross negligence or willful misconduct of such Indemnified Person. The
foregoing indemnity includes without limitation, costs arising from a legal challenge to the CFD
and this Agreement. The CVWD may make all decisions with respect to its representation in
any legal proceeding covered by this section 2.4. If the Property Owner fails to do so, CVWD
shall have the right, but not the obligation, to defend the same and charge all of the direct or
incidental costs of such defense, including any fees and costs, to and recover the same from the
Property Owner. Property Owner shall indemnify, defend and hold harmless the City and the
CFD pursuant to the Acquisition Agreement. City acknowledges that it is solely responsible for
the formation, implementation and administration of the CFD (subject to the Property Owner's
indemnification and hold harmless of the City pursuant to the Acquisition Agreement) and that
CVWD involvement is strictly limited to approval of this Agreement, consent to the financing of
CVWD Charges with the proceeds of the Special Taxes and any Bonds secured thereby and
issued. The Property Owner's obligations hereunder shall survive termination of this Agreement.
Section 2.5 Responsibilitv for Debt Service or Special
Taxes.
CVWD shall have no obligation, responsibility, or authority with respect to the issuance
and sale of the Bonds, the Bond Proceeds available to finance the construction and acquisition of
the Acquisition Facilities and to pay CVWD Charges, the payment of the principal and interest
on the Bonds, or for the levy of the Special Taxes to provide for the payment of principal and
interest thereon. The CFD shall have the sole authority and responsibility for all such matters.
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The Parties hereto specifically agree that the liabilities of the CFD, including liabilities, if
any, of the CFD pursuant to the documents providing for the issuance of Bonds, including the
Bond Resolution, shall not be or become liabilities of CVWD.
Section 2.6 Administration of the CFD.
The City shall have the power and duty to provide for the administration of the CFD once
it is formed, subject to the terms hereof, the Bond Resolution, and the Acquisition Agreement,
including employing and compensating all consultants for such administration and providing for
the various other administration duties set forth in this Agreement. It is understood and agreed
by Parties hereto that CVWD will not be considered a participant in the proceedings relative to
formation of the CFD or the issuance of the Bonds, other than as a Party to this Agreement.
ARTICLE 111
CONSTRUCTION AND ACQUISITION OF ACQUISITION FACILITIES
Section 3.1 Construction of Acquisition Facilities bv
Propertv Owner.
The following provisions of this Article III shall apply solely with respect to those
Acquisition Facilities to be constructed by any Property Owner and acquired by CVWD with Bond
Proceeds:
a) Each Property Owner shall employ, at its sole cost and expense, subject to potential
reimbursement, a qualified professional engineering firm ("Property Owner Engineer") to plan,
design and prepare the Plans and Specifications for such Acquisition Facilities to be completed by
such Property Owner in full accordance with CVWD's design criteria and standards. The Plans and
Specifications shall be subject to CVWD approval, which shall not be unreasonably withheld. In
the event CVWD disapproves the Plans and Specifications, such Property Owner shall cause the
Property Owner Engineer to modify the Plans and Specifications in accordance with the reasons
given for disapproval and shall resubmit the revised Plans and Specifications to CVWD for
approval or disapproval. The foregoing procedure shall be continued until the Plans and
Specifications have been approved by CVWD. CVWD agrees to process any Plans and
Specifications for approval with such diligence and in such time as CVWD accords customers
similarly situated. The cost and expense of CVWD's review (including but not limited to,
agents, employees and independent contractors) shall be paid by Property Owner to CVWD.
Property Owner represents that the Plans and Specifications will conform to all applicable
Federal, State and local governmental rules, ordinances, regulations and all applicable
environmental laws.
b) A qualified engineering firm (the "Field Engineer") shall be employed by the
applicable Property Owner to provide all field engineering surveys determined to be necessary by
the CVWD inspection personnel. The Field Engineer shall promptly furnish to CVWD a complete
set of grade sheets listing all locations, offsets, etc., in accordance with good engineering practices,
and attendant data and reports resulting from the Field Engineer's engineering surveys and/or
proposed facility design changes. CVWD shall have the right, but not the obligation, to review,
evaluate and analyze whether such results comply with applicable specifications.
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c) The cost of all surveying, compaction testing and report costs associated with such
Acquisition Facilities furnished and constructed by any contractors or sub-contractors (collectively,
Contractors") shall be paid for by the applicable Property Owner, and the costs of such work shall
be eligible to be reimbursed from the CVWD Facilities Fund.
d) CVWD shall not be responsible for conducting any environmental, archaeological,
biological, or cultural studies or any mitigation requirements related to the Acquisition Facilities to
be constructed by Property Owner that may be requested by appropriate Federal, State, and/or local
agencies. Property Owner shall, at its sole cost and expense, be responsible for compliance with all
environmental laws and all requirements of the Federal Endangered Species Act and the California
Endangered Species Act, arising out of or in connection with the planning, design, construction and
installation of the Acquisition Facilities to be completed by a Property Owner and for compliance
with all conditions and mitigation measures of each consent which must be satisfied for the purpose
of the planning, design, construction and installation of the Acquisition Facilities. The term
environmental laws" shall include, without limitation, the California Environmental Quality Act
and all other applicable State and Federal environmental laws. Any such work shall be paid for and
conducted by, or on behalf of, the applicable Property Owner, and the costs of such work shall be
eligible to be reimbursed from the CVWD Facilities Fund.
Section 3.2. Construction By Property Owner.
a) Following receipt of CVWD's written approval of the Plans and Specifications,
the applicable Property Owner shall, or shall employ a licensed contractor or contractors to
construct and complete the Acquisition Facilities to be completed by such Property Owner at no
cost or expense to District and in accordance with the laws, rules and regulations of all
governmental bodies and agencies having jurisdiction over the Acquisition Facilities. The
Acquisition Facilities shall be installed in strict compliance with the Plans and Specifications.
Any deviations from the approved Plans and Specifications must be approved by CVWD, in
writing.
b)Each Property Owner shall, at its sole cost and expense, apply for and obtain all
necessary consents, approvals, permits, authority and entitlements as shall be required for the
design, construction and installation of the Acquisition Facilities to be completed by such
Property Owner, if any, from all appropriate governmental authorities. Each Property Owner
shall directly pay all costs associated with the construction of the Acquisition Facilities to be
completed by such Property Owner, including but not limited to, furnishing of materials and such
Property Owner shall keep CVWD free and harmless from all such costs.
c) Each Property Owner shall, at its sole cost and expense, be required to furnish labor
and material payment bonds and contract performance bonds in an amount equal to one hundred
percent (100%) of the contract price for the Acquisition Facilities to be completed by such
Property Owner naming the Property Owner, City, CFD and CVWD as obligees and issued by
insurance or surety companies approved by CVWD. All such bonds shall be in a form approved
by CVWD.
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d)For each Property Owner constructing Acquisition Facilities, such Property Owner
shall deliver to CVWD a Certificate of Insurance evidencing coverage for "builder's risk,"
evidence of employer liability insurance with limits of at least One Million Dollars
1,000,000.00) per occurrence and evidence of commercial general liability insurance
automobile and general liability) with limits of at least Two Million Dollars ($2,000,000.00) per
person/per occurrence. Such Property Owner shall maintain, keep in force and pay all premiums
required to maintain and keep in force all insurance at all times during which such work is in
progress. The general liability insurance to be obtained by the Property Owner shall name City,
CFD and CVWD as additional insureds. Such Property Owner shall further maintain and
provide evidence of worker's compensation insurance coverage as provided by law.
e) Each Property Owner shall comply with such other reasonable requirements relating
to the construction of the Acquisition Facilities to be completed by such Property Owner which
CVWD may impose by written notification delivered to the Property Owner at any time, either
prior to the receipt of bids by such Property Owner for the construction of the Acquisition
Facilities to be completed by such Property Owner, or, to the extent required as a result of
changes in applicable laws, during the progress of construction thereof.
Each Property Owner shall, at the time CVWD acquires the Acquisition Facilities to
be completed by such Property Owner, grant to CVWD by appropriate instruments prescribed by
CVWD, all easements across private property and/or fee title ownership deeds and/ or public
access or rights-of-way which may be necessary for the proper operation and maintenance of the
Acquisition Facilities to be completed by such Property Owner, or any part thereof. The
easements and/or fee title shall be in a width and at such locations as shall be acceptable to
CVWD. Each Property Owner shall ensure that all monetary liens, including deeds of trust and
mortgages are subordinated to the easements and reconveyed as to the fee title ownership.
g)Upon completion of the Acquisition Facilities to be completed by such Property
Owner and completion of the final inspection, testing and written assurance thereof by CVWD,
the applicable Property Owner shall execute and deliver a bill of sale in the form and content
acceptable to CVWD. The bill of sale shall convey title of the Acquisition Facilities to be
completed by such Property Owner to CVWD. The Acquisition Facilities to be completed by
such Property Owner shall be transferred to CVWD free of all liens and encumbrances. Nothing
contained herein shall require CVWD to accept the Acquisition Facilities to be completed by
such Property Owner, if such facilities are Substantially Complete. CVWD shall only accept
such facilities if the Acquisition Facilities to be completed by such Property Owner are complete,
including all punch list items that need to be completed and/or corrected.
h) The applicable Property Owner warrants and represents to CVWD that the
Acquisition Facilities to be completed by such Property Owner shall be free from construction
defects (and shall correct or cause to be corrected any such defects). The applicable Property
Owner shall provide a two (2) year bond (following final acceptance by CVWD of the
Acquisition Facilities to be completed by such Property Owner) reasonably acceptable in form
and substance to CVWD for such defects in materials and workmanship, which appear within
said period. Such defects will be repaired, replaced or corrected by the applicable Property
Owner and/or the surety, at no cost to CVWD. The applicable Property Owner and/or the surety
shall commence such repair, replacement or correction of any such defects within forty-eight
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48) hours after written notice thereof from CVWD to the applicable Property Owner.
Notwithstanding the above-provided forty-eight (48) hour period, CVWD shall have the
unqualified right to immediately make any emergency repairs necessary as determined by
CVWD, in its sole and absolute discretion, to eliminate any threat to the public's health, safety
and welfare, at such Property Owner's sole cost and expense and shall complete such repairs,
replacement or correction as soon as practicable. Any warranties, guarantees or other evidences
of contingent obligations of third persons with respect to the Acquisition Facilities shall be
delivered to CVWD as part of the transfer of title.
i) After the acceptance of the Acquisition Facilities, all permits, plans and operating
manuals relating thereto, shall become the sole property of CVWD, at no cost to CVWD, subject
to any warranty work. On the acceptance of the Acquisition Facilities by CVWD, the applicable
Property Owner shall deliver to CVWD, at no cost to CVWD, all surveys and as-built drawings
associated with the construction of the Acquisition Facilities.
j) CVWD shall have the right to review all books and records of Property Owner
pertaining to costs and expenses incurred by the Property Owner for the design and construction
of the Acquisition Facilities.
Section 3.3 Public Works Requirements.
In order to ensure that the Acquisition Facilities to be constructed by the Property Owner,
completed after formation of the CFD, and acquired with Bond Proceeds will be constructed as if
they had been constructed under the direction and supervision, or under the authority of, CVWD, so
that they may be acquired by CVWD pursuant to Government Code Section 5;;1;.5, the
applicable Property Owner shall require Contractors to pay prevailing wages and to otherwise
comply with applicable provisions of the Labor Code, the Government Code, the Public Contract
Code, and the Civil Code as they relate to public works projects (including without limitation
Sections 3247 and 3248 of the Civil Code requiring the filing of a payment bond (and naming
the City, the CFD, and CVWD as beneficiaries), and as required by the procedures and standards
of CVWD with respect to the construction of its public works projects.
The applicable Property Owner shall provide proof to CVWD, at such intervals and in such
form as the CVWD Representative may require, that the foregoing requirements have been satisfied
as to all of the Acquisition Facilities to be constructed by such Property Owner, acquired by
CVWD, and paid for with Bond Proceeds.
Section 3.4 Inspection; Completion of Construction.
CVWD shall have the right to inspect, or cause to be inspected, the construction of
the Acquisition Facilities constructed by the Property Owner. CVWD's personnel shall have access
to the site of the work at all reasonable times for the purpose of accomplishing such inspection.
Any inspection completed by CVWD shall be for the sole use and benefit of CVWD and neither
Property Owner, nor any third party shall be entitled to rely thereon for any purpose. CVWD does
not undertake or assume any responsibility for or owe a duty to inspect, review or supervise the
creation of the Acquisition Facilities. Upon Substantial Completion of the construction of such
Acquisition Facilities by an applicable Property Owner, such Property Owner shall notify the
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CVWD Representative in writing that the construction of such Acquisition Facilities has been
Substantially Completed. The cost and expense of CVWD's inspection (including, but not limited
to, agents, employees and independent contractors) shall be paid by such Property Owner to
CVWD.
Upon receiving such written notification from the Property Owner that construction of any
of the Acquisition Facilities by such Property Owner has been completed and final inspection,
testing and written assurance thereof has been completed, CVWD shall accept such Acquisition
Facilities. Upon receiving such notification, the Property Owner shall forthwith file with the
County Recorder of the County of Riverside a Notice of Completion pursuant to the provisions of
Section 3093 of the Civil Code. The Property Owner shall furnish to the CVWD Representative a
duplicate copy of each such Notice of Completion showing thereon the date of filing with the
County Recorder.
Section 3.5 Liens.
Prior to the acceptance of an Acquisition Facility by CVWD, the applicable Property
Owner shall provide to the CVWD Representative such evidence or proof as CVWD shall
require that all persons, firms and corporations supplying work, labor, materials, supplies and
equipment on behalf of such Property Owner for the construction of an Acquisition Facility has
been paid, and that there are no claims by or on behalf of any such person, firm or corporation.
Section 3.6 Acquisition, Acquisition Price; Source of Funds.
Provided the applicable Property Owner has complied with the requirements of this
Agreement, CVWD agrees to acquire the Acquisition Facilities from the applicable Property
Owner. Nothing contained herein shall require (a) the CFD or CVWD to pay, or the City to cause
the CFD to pay, any amount for any Acquisition Facilities (nor shall CVWD be required to request
any such payment) or (b) CVWD to provide water and/or sewer service to the Project, until the
Acquisition Facilities have been conveyed to CVWD pursuant to the terms contained herein.
Subject to the Allocation Agreement, the price to be paid by the CFD for the acquisition of such
Acquisition Facilities by CVWD (the "Acquisition Price") shall be the lesser of(i) the value of the
Acquisition Facilities or (ii) the total of the Actual Costs of the Acquisition Facilities. The
applicable Property Owner shall transfer ownership of the Acquisition Facilities to CVWD by grant
deed, bill of sale or such other documentation as the CVWD Representative may require. Upon the
transfer of ownership of the Acquisition Facilities or any portion thereof from such Property Owner
to CVWD, CVWD shall be responsible for the maintenance of the Acquisition Facilities or the
portion transferred. Only the Property Owner that completes the Acquisition Facility is eligible to
receive the Acquisition Price for such Acquisition Facility.
For purposes of determining the Acquisition Price to be paid by the CFD for the acquisition
of the Acquisition Facilities by CVWD, the value of such improvements shall be the amount
determined by the engineering firm retained by CVWD for such purpose (the "Engineer"), to be the
value of the Acquisition Facilities based on the Actual Costs submitted by the Property Owner, as
hereinbefore specified; provided, however, that if the Engineer determines that such Actual Costs,
or any of them, are excessive and that the value of the Acquisition Facilities is less than the total
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amount of such Actual Costs, the Acquisition Price to be paid by the CFD for the acquisition of the
Acquisition Facilities shall be the value thereof as determined by the Engineer.
Upon completion of the construction of any Acc uisition Facilities by any Property Owner,
the applicable Property Owner shall deliver to CVWD copies of the contract(s) with the
Contractor(s) who have constructed the Acquisition Facilities or other relevant documentation with
regard to the payments made to such Contractor(s) for the construction of such Acquisition
Facilities, and shall also provide to CVWD copies of all invoices, a purchase orders, canceled
checks (or other proof of payment) with respect to all supplies and materials purchased for the
construction of such Acquisition Facilities. CVWD shall require the Engineer to complete its
determination of the value of the Acquisition Facilities as promptly as is reasonably possible.
The Acquisition Price of any Acquisition Facilities may be determined and paid out of
the CVWD Facilities Fund prior to transfer of ownership of the Acquisition Facilities to CVWD
upon a determination of Substantial Completion of such Acquisition Facility. The applicable
Property Owner shall submit a payment request form to the CFD which must also contain
therewith approval of CVWD, which approval shall not be unreasonably withheld.
Notwithstanding the preceding provisions of this section, the sole source of funds for the
acquisition by CVWD of the Acquisition Facilities or any portion thereof shall be the Bond
Proceeds made available by the CFD pursuant to Section 2.3 above, and the City reserves the right
to make an independent and final determination of the Acquisition Price of each Acquisition
Facility in accordance with the Acquisition Agreement. The amount of the Acquisition Price
actually paid for an Acquisition Facility will be determined by the Allocation Agreement and the
amount ofthe Bond Proceeds deposited in the CVWD Facilities Fund and reserved for the financing
of the Acquisition Facilities. If for any reason the proceedings for the formation of the CFD are not
completed or the Bonds are not sold, CVWD shall not be required to acquire any Acquisition
Facilities from the Property Owner. In such event, the Property Owner shall complete the design
and construction and offer to CVWD ownership of such portions of Acquisition Facilities as are
required to be constructed by the Property Owner as a condition to service for the Property or any
other agreement between Property Owner and C V W D, but need not construct any portion of the
Acquisition Facilities which it is not so required to construct.
Section 3.7 Maintenance.
Prior to the transfer of ownership of an Acquisition Facility by any Property Owner to
CVWD, as provided in Section 3.5 hereof, the applicable Property Owner shall be responsible for
the maintenance thereof and shall maintain and transfer such Acquisition Facility to CVWD in as
good condition as the Acquisition Facility was in at the time the Property Owner notified the
CVWD Representative pursuant to Section 3.3 hereof that construction of same had been
Substantially Completed in accordance with the Plans and Specifications.
The Parties agree that, except as to the payment bond provisions set forth in Section 3.2
hereof, the construction and acquisition of the Acquisition Facilities to be constructed by a Property
Owner is a matter between the applicable Property Owner and CVWD only, and that the City and
the CFD shall have no responsibility for on-site inspection or monitoring or for certifying that the
provisions of Article III of this Agreement be satisfied.
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Section 3.8 CFD Construction.
In the event the City and/ or Community Facilities District plans and/or constructs
the Acquisition Facilities (or any portion thereo, the terms and conditions of Article IV shall apply
to the City and/or Community Facilities District standing in place and stead of Property Owner.
ARTICLE IV
TERM AND TERMINATION
Section 4.1 Effective Date.
This Agreement shall become effective and of full force and effect as of the date set forth
in the first paragraph of this Agreement ("Effective Date") provided it is approved by each
Property Owner, the City Council of the City, and the governing board of CVWD, to be
confirmed by the execution hereof by the authorized representatives of the Parties hereto.
Section 4.2 Termination.
In the event that the City has not formed the CFD and sold an initial series of Bonds prior
to twelve (12) months after the Effective Date of this Agreement, this Agreement shall
automatically terminate and be of no further force and effect.
ARTICLE V
ADDITIONAL GENERAL PROVISIONS
Section 5.1 Record keepin; Inspection of Records.
CVWD hereby agrees to keep and maintain full and accurate records of all amounts, and
investment earnings, if any, paid to CVWD for the CVWD Charges, and the City hereby agrees
to keep and maintain full and accurate records of all amounts, and investment earnings, if any,
expended from the CVWD Facilities Fund. Each Party further agrees to make such records
available to any other Party hereto, including any Property Owner, during normal business hours
upon reasonable prior notice. All such records shall be kept and maintained by the appropriate
Party as provided by applicable law and their respective policies. Each of CVWD and Property
Owner agree that they will cooperate with the CFD and the City in providing documentation,
reports or other data reasonably required and requested by the City or the CFD in meeting the
reporting requirements of the CFD under California Senate Bill (SB) No. 165, Chapter 5;5 of the
Statutes of 2000.
Section 5.2 Disclosure of Special Tax; Calculation of Special
Tax Requirement.
a) Delivery of Notice. From and after the date of this Agreement, each Property
Owner and its successors and assigns shall give a "Notice of Special Tax" (as defined in Section
5.2(b) below) to each prospective purchaser of a parcel in the CFD and shall deliver a fully
executed copy of each notice to City. Property Owner and its successor and assigns shall (i)
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maintain records of each Notice of Special Tax for a period of five (5) years, and (ii) shall
provide copies of each notice to City promptly following the close of escrow for the sale of each
parcel for which such notice was given. Property Owner and its successors and assigns shall
include the Notice of Special Tax in all Property Owner's and its successors and assigns'
applications for Final Subdivision Reports required by the Department of Real Estate ("DRE")
which are filed after the Effective Date of this Agreement.
Property Owner shall require, as a condition precedent to close an escrow for the sale of
real property to a developer acquiring lots (a "Residential Developer") that such Residential
Developer shall (i) maintain records of each Notice of Special Tax for a period of five (5) years,
ii) provide copies of each notice to City promptly following the close of escrow for the sale of
each parcel for which such notice was given, and (iii) include the Notice of Special Tax in all of
such Residential Developer's applications for Final Subdivision Reports required by DRE.
b) Notice of Special Tax. With respect to any parcel, the term "Notice of Special
Tax" means a notice in the form prescribed by California Government Code Section 5;;41.5
which is calculated to disclose to the purchaser thereof(i) that the property being purchased is
subject to the special tax of the CFD, (ii) the land use classification of such property; (iii) the
maximum annual amount of the special tax and the number of years for which it will be levied;
and (iv) the types of facilities or services to be paid for or with the proceeds of the special tax.
c) Notice to Subsequent Purchasers. Upon formation of the CFD it is expected that
the City will file with the Riverside County Recorder a notice of special tax lien that gives notice
of the existence of the CFD and the levy of the special tax on property within the CFD for the
benefit of subsequent property owners, pursuant to requirements of Section of 5;;28.; of the Act
and Section 31 14.5 of the Streets and Highways Code.
d) Information Sheet and Sample Property Tax Bill. Property Owner shall provide
each purchaser of Property with a sample property tax bill in a form approved by the CFD.
Property Owner shall provide prospective purchasers of homes an information sheet in the sale
office in the form set forth in Exhibit C attached hereto and incorporated herein by this reference.
Section 5.3 Partial Invaliditv.
If any part of this Agreement is held to be illegal or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent
reasonably possible.
Section 5.4 Amendment and Assi nment.
No Property Owner shall have any right to assign or otherwise transfer this Agreement,
either voluntarily or by operation of law, in whole or in part, without the prior written consent of
CVWD and City in each instance, which consent may be withheld in CVWD's and City's sole
and absolute discretion. An approval of an assignment shall be evidenced by a written
instrument in a form satisfactory to CVWD and City, executed by the assignor and assignee,
under which the assignee shall again, in writing, for the benefit of CVWD and City, agree to
perform and to abide by all of the terms, covenants and conditions of this Agreement to be done,
kept and performed by assignor. Regardless of CVWD's and City's consent, no assignment shall
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release an assignor of assignor's obligations hereunder. The rights and obligations of any
Property Owner hereunder shall inure to and be binding upon its successors and assigns.
Section 5.5 Notice.
Any notice, payment or instrument required or permitted by this Agreement must be in
writing, and sent to the addresses of each Party set forth below. Notice will be sufficiently given
or delivered to a Party for all purposes as follows: (a) when personally delivered to the recipient,
notice is effective on delivery; (b) when mailed certified mail, return receipt requested, postage
prepaid, notice is effective on receipt, if a return receipt confirms its delivery; (c) when delivered
by an overnight delivery service such as Federal Express, charges prepaid or charged to the
sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service;
d) when delivered by facsimile transmission, notice is effective on receipt, provided that the
facsimile machine provides the sender a notice that indicates that the transmission was successful
and that a copy is mailed by first class mail of the facsimile transmission date. Addresses for
purpose of giving notice are as follows:
City: City of Palm Desert
7;-510 Fred Waring Drive
Palm Desert, CA 92260
Facsimile: (760) 776-6306
Attention: City Manager
CVWD: Coachella Valley Water District
Highway 1 1 1 and Avenue 52
P.O. Box 1058
Coachella Valley, CA 92236
Facsimile : (760) 398-371 1
Attention: General Manager
Property Owner:
W 2' 5005 Calle Dan Raphael,
Suite B-1
Palm Springs, CA 92664
Facsimile: (760) 778-4417
Attention: Michael Marix
PDFC:
3 Civic Plaza, Suite 215
Newport Beach, CA 92660
Facsimile: (949) 644-7620
Attention: Tom Hover
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UV Partnership: 74-000 Country Club Drive
Suite H-2
Palm Desert, CA 9221 1
Facsimile: (760) 773-9903
Attention: Rick Evans
Shaw:
160 Newport Center Drive
Suite 250
Newport Beach, California 92660
Facsimile: (949) 759-5619
Attention: Charles E. Crookall
9777 Wilshire Blvd.
S&C Suite 918
Beverly Hills, California 90212
Facsimile: (323) 651-;1 18
Attention: Ryan Ogulnick
Each Party can change its address for delivery of notice by delivering written notice of
such change or address to the other parties within ten (10) calendar days prior to such change.
Section 5.6 Captions.
The captions to Sections used herein are for convenience purposes only and are not part
of this Agreement.
Section 5.7 Governin Law.
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of California applicable to contracts made and performed in such State.
Section 5.8 Entire A reement.
This Agreement contains the entire agreement between the Parties with respect to the
matters provided for herein and supersedes all prior agreements and negotiations between the
Parties with respect to the subject matter of this Agreement.
Section 5.9 Amendments.
This Agreement may be amended or modified only in writing executed by the authorized
representative(s) of each of the Parties hereto.
Section 5.10 Waiver.
The failure of any Party hereto to insist on compliance within any of the terms, covenants
or conditions of this Agreement by any other Party hereto, shall not be deemed a waiver of such
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terms, covenants or conditions of this Agreement by such other Party, nor shall any waiver
constitute a relinquishment of any other right or power for all or any other times.
Section 5.11 No Third Partv Beneficiaries.
No person or entity other than the CFD, when and if formed, shall be deemed to be a
third party beneficiary hereof, and nothing in this Agreement (either express or implied) is
intended to confer upon any person or entity, other than the City, the CFD, CVWD and each
Property Owner (and their respective successors and assigns, exclusive of individual
homebuyers), any rights, remedies, obligations or liabilities under or by reason of this
Agreement.
Section 5.12 Cooperation and Execution of Documents.
The Parties hereto agree to complete and execute any further or additional documents
which may be reasonably necessary to complete or further the terms of this Agreement.
Section 5.13 Attornevs' Fees.
In the event of the bringing of any action or suit by any Party against any other Party
arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be
entitled to recover from the losing Party all costs and expenses of suit, including reasonable
attorneys' fees.
Section 5.14 Exhibits.
The following exhibits attached hereto are incorporated into this Agreement by reference.
Exhibit Description
A-1" CFD Boundary Map
A-2"Property Owned by Each Property Owner
B" Acquisition Facilities Description
C" Disbursement Request Form
D" Form of Home Buyer CFD Information Sheet
Section 5.15 Si natories.
The signatories hereto represent that they have been appropriately authorized to enter into
this Agreement on behalf of the party for whom they sign.
Section 5.16 Sin ular and Plural; Gender.
As used herein, the singular of any word includes the plural, and terms in the masculine
gender shall include the feminine.
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Section 5.17 Execution in Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed an
original.
Section 5.18 Venue.
Any legal action or proceeding concerning this Agreement shall be filed and prosecuted
in the appropriate California state court in the District of Riverside, California. Each Party
irrevocably consents to the personal jurisdiction of that court. The Parties each hereby expressly
waive to the maximum legal extent the benefit of any provision of federal or state law or judicial
decision providing for the filing, removal or change of venue to any other court or jurisdiction,
including, without implied limitation, federal district court, due to any diversity of citizenship
between the Parties.
Section 5.19 Construction.
The language in all parts of this Agreement shall in all cases be construed as a whole
according to its fair meaning and not strictly for or against any Party. All provisions and any
variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural,
as the identification of the person or persons, firm or firms, corporation or corporations may
require. This Agreement is the product of mutual negotiation and drafting efforts. Accordingly,
the rule of construction that ambiguities in a document are to be construed against the drafter of
that document shall have no application to the interpretation or enforcement of this Agreement.
Section 5.20 Time is of the Essence
Time is of the essence of this Agreement and each and every provision thereof.
Section 5.21 No CVWD Liabilitv.
The City, C V W D and Property Owner acknowledge and agree that C V W D shall have no
responsibility or liability to City or the Property Owner for the establishment of the Community
Facilities District, the levy of the special taxes, the issuance of the Bonds, the financing of the
CVWD Charges, any disclosure made in connection with the offering and sale of the Bonds or
any continuing disclosures made at any time with respect to the Bonds or any matters relating
thereto.
Section 5.22 CVWD Char es.
Nothing herein shall be construed to allow Property Owners to pay the CVWD Charges
in effect at the effective date of this Agreement. The Property Owners shall pay the CVWD
Charges in effect at the time the Property Owner pays the CVWD Charges or the Advance (with
respect to the portion of the Property covered by the Advance) or the Deposit (with respect to the
Property covered by the Deposit).
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Section 5.24 City Representations.
City hereby represents to CVWD that the following are true and correct:
a) The Act exempts any requirement that facilities for the City will be
financed by a larger share of the proceeds of the Special Taxes and Bond than the CVWD
Charges and the Acquisition Facilities.
b)The CVWD Charges qualify for financing pursuant to the Act.
Section 5.25 Independent Contractor.
In performing this Agreement, each Property Owner is an independent contractor and not
the agent of CVWD or City. Except as provided herein, CVWD and City shall have no
responsibility to pay any contractor or supplier of any Property Owner. It is not intended by the
Parties to this Agreement to create a partnership or joint venture among them and this Agreement
shall not otherwise be construed.
REMAINDER OF PAGE IS BLANK)
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IN WITNESS WHEREOF, the parties hereto have executed this Joint Community Facilities
Agreement as of the day and year written alongside their signature below.
CITY OF PALM DESERT
Date: 20
By:
Its: City Manager
COACHELLA VALLEY WATER DISTRICT
Date: 20
By:
General Manager of the Coachella Valley Water
District
DESERT WELLS 237, LLC,
a California limited liability company
By: Palm Desert 237, LLC,
a California limited liability company
Its: Manager
By: Marix Family Limited Partnership,
a Delaware limited partnership
Its: Manager
Date: 20
By: Marix Family Trust dated as of
October 12, 2000, as amended
Its: General Partner
By:
Michael S. Marix
Its: Sole Trustee
24
120
PALM DESERT FUNDING COMPANY, LP,
a Delaware limited partnership
By: Palm Desert Funding Company, LLC,
a Delaware limited liability company
Its: General Partner
By: Palm Desert Funding Company, Inc.,
a Delaware corporation
Date: 20 Its: Member
By:
Name:
Title:
THE UNIVERSITY VILLAGE PARTNERSHIP,
a California general partnership
By: Evans University Village LLC,
a California limited liability company
Its: Partner
By: The Evans Company LLC,
a California limited liability company
Its: Manager
Date: 20_By:
Frederick Oliver Evans, III
Its: Member
By: Edwards University Village LLC,
a California limited liability company
Its: Partner
Date: 20_By:
James W. Edwards, III
Its: Manager
Signatures continue on next page]
25
121
SHAW/PALM DESERT 1, LLC,
a California limited liability company
By: Shaw-CDK Properties, LLC,
a California limited liability company
Date: 20_ Its: Manager
By:
Charles E. Crookall
Its: Manager
SINATRA & COOK PROJECT, LLC,
A California limited liability company
By: The Rancho Mirage Trust
Its: Manager and Member
By:
Steven Gilfenbain
Its: Trustee
By:
Ryan Ogulnick
Its: Member and Manager
By: Fordar, LLC,
Date: 20 A California limited liability company
Its: Member and Manager
By:
Kambiz Kamdar
Its: Manager
By:
Fred Kamdar
Its: Member
By:
Joseph Foroosh, D.
Its: Member
26
122
EXHIBIT "A-1"
PROPERTY DESCRIPTION
Attach CFD Boundary Map
A-1-1
123
EXHIBIT "A-2"
PROPERTY OWNED BY EACH PROPERTY OWNER
With reference to Parcel Map No. 31730, City of Palm Desert, California, as recorded on
January 3 l, 2005 on Page(s) 63-75 in Book 21 1 of Parcel Maps, in the Office of the Recorder, in
the County of Riverside, State of California ("Office of the County Recorder"), and as adjusted
by those certain Grant Deeds recorded on August 24, 2005 as Documents No. 2005-0696757,
2005-0696758, 2005-0696759, and 2005-0696760, in the Official Records, Office of the County
Recorder, which adjustment (the "August 2005 Lot Line Adjustment") is also as shown and set
forth in that certain Certificate of Compliance No. OS-Ol, recorded on August 24, 2005 as
Document No. 2005-0696754, in the Official Records, Office of the County Recorder, the
property owned by each Owner within the boundaries of the proposed CFD is as follows:
Numbered Lots
Parcel Map Parcel
No. 31730)Owner(s) Map Acres
1 Desert Wells 237, LLC, and Albor Properties III, LP 5.462
2 Desert Wells 237, LLC, and Albor Properties III, LP 17.643
3 Desert Wells 237, LLC, and Albor Properties III, LP 27.481
4 Desert Wells 237, LLC, and Albor Properties III, LP 18.461
5 Desert Wells 237, LLC, and Albor Properties III, LP 9.748
6 Desert Wells 237, LLC, and Albor Properties III, LP 5.061
7 Desert Wells 237, LLC, and Albor Properties III, LP 10.173
9 Palm Desert Funding Company, LP 76.218
10 Desert Wells 237, LLC, and Albor Properties III, LP 19.758
1 1 Shaw/Palm Desert l, LLC 9.746
12 The University Village Partnership 10.56
13 The University Village Partnership 3.243
14 Desert Wells 237, LLC, and Albor Properties III, LP 7.075
15 Palm Desert Funding Company, LP 1 1.459
16 Sinatra & Cook Project, LLC 19.604
Total: 251.692
A-2-1
124
EXHIBIT "B"
ACQUISITION FACILITIES DESCRIPTION
Acquisition Facilities" means those facilities needed by CVWD in order to provide services to
the Project and also includes any of the following: CVWD sewer and water transmission lines,
sewer and water pump stations, water reservoirs, well sites, including all costs of site acquisition,
Plannin 7 desi 7n en 7ineerin 7 le 7al services, materials testin 7 coordination, surve in 7Y ,
construction staking, construction, inspection and any and all appurtenances and appurtenant
work, such as related clearin 7 and 7rubbin 7 7radin 7 and an removal or tem orar si 7na 7e orYPY
markings related thereto relating to the foregoing.
The Acquisition Facilities include, but shall not be limited to, the facilities listed below, and
other facilities of the same type or types may be substituted in the place of one or more of the
specific facilities listed below. The final nature and location of the Acquisition Facilities will be
determined upon the preparation of final plans and specifications for such Acquisition Facilities.
The Acquisition Facilities may include facilities financed pursuant to public agency development
impact fees.
I.Water Improvements
A. University Park Drive: from West intersection College Drive to East intersection
College Drive
B. Technology Drive: from College Drive to Gerald Ford Drive
C. Pacific Avenue: from College Drive to Gerald Ford Drive
D. College Drive: from Portola Avenue to Frank Sinatra Drive
E. Well Sites (including land acquisition and improvements) to be located at four
sites to be determined by the Coachella Valley Water District concurrently with
land plan, final tentative map(s), or similar document(s) (as appropriate) to be
approved by the City's Planning Commission and City Council. The tentatively
approved locations of the well sites are as follows:
1. Adjacent to Gerald Ford Drive between Pacific Avenue and Technology
Drive;
2. Northeast corner of College Drive and Portola Avenue;
3. Adjacent to University Park Drive close to the western intersection with
College Drive; and
4. Adjacent to College Drive South of University Park Drive
F.In tract water facilities.
G. Water Facilities to be funded from CVWD Charges
B-1
125
II. Sewer Improvements
A. Technology Drive: from College Drive to Gerald Ford Drive
B. Pacific Avenue: from College Drive to Gerald Ford Drive
C. College Drive: from the West intersection University Park Drive to Technology
Drive to North of Frank Sinatra Drive
D. University Park Drive: from West intersection College Drive to Southwest of
West intersection of College Drive and West of the East intersection College
Drive to the East intersection College Drive
E. In tract sewer facilities.
F.Sewer Facilities to be funded from CVWD Charges
The description of Acquisition Facilities listed above in this Exhibit B is preliminary and
representative of the types of facilities eligible to be financed by the CFD. Detailed scope and
limits of specific projects will be determined as appropriate, consistent with the standards of
CVWD. The Acquisition Facilities shall be constructed, whether or not acquired in their
completed states, pursuant to the Plans and Specifications approved by CVWD, which approval
will not be unreasonably withheld.
B-2
126
EXHIBIT "C"
DISBURSEMENT REQUEST FORM
l.City of Palm Desert Community Facilities District No. 2005-1 (University Park)
CFD") is hereby requested to pay from the CFD bond proceeds to the Coachella Valley Water
District ("CVWD"), as Payee, the sum set forth in 3 below.
2.The undersigned certifies that (a)the amount requested for CVWD Charges is due
and payable and has not formed the basis of prior request or payment; (b) there has been
compliance with applicable laws relating to prevailing wages for the work to construct the
Acquisition Facilities for which payment is requested; (c) the Acquisition Facilities for which
payment is requested were constructed in accordance with all applicable CVWD or other
governmental standards; and (d) the undersigned is not in default in the payment of ad valorem
real property taxes or special taxes or special assessments levied on its Property in the District.
3.Amount requested: $
For Lot Nos:
4.The amount set forth in 3 above is authorized and payable pursuant to the terms of
the Joint Community Facilities Agreement by and among the CITY OF PALM DESERT,
COACHELLA VALLEY WATER DISTRICT, DESERT WELLS 237, LLC, a California
limited liability company, PALM DESERT FUNDING COMPANY, LP, a Delaware limited
partnership, THE UNIVERSITY VILLAGE PARTNERSHIP, a California general partnership,
SHAW/PALM DESERT l, LLC, a California limited liability company, and SINATRA &
COOK PROJECT, LLC, a California limited liability company, dated as of 20_
the "Agreement"). Capitalized terms not defined herein shall have the meaning set forth in the
Agreement.
PROPERTY OWNER"
By:
Title:
Date:
APPROVED AS TO AMOUNT REQUESTED
ONLY:
COACHELLA VALLEY WATER DISTRICT,
a public agency
By:
Title:
Date:
C-1
127
EXHIBIT "D"
FORM OF HOMEBUYER CFD INFORMATION SHEET
CITY OF PALM DESERT
COMMUNITY FACILITIES DISTRICT NO. 2005-1
UNIVERSITY PARK)
1. WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-1? CFD No.
2005-1 was formed pursuant to the "Mello-Roos Community Facilities Act of 1982" to finance
2. WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT
BILLED? The Property owner is responsible for paying the CFD No. 2005-1 special tax, which
will appear as a separate line item on your property tax bill along with your regular property
taxes.
3.HOW MUCH WILL MY SPECIAL TAX BE? The maximum special tax applicable
to your lot is the greater of the assigned special tax or backup special tax. The assigned and
backup special taxes for CFD No. 2005-1 for the 2006-07 Fiscal Year are summarized below. It
is expected that the actual special tax levied each year will be the assigned special tax and the
backup special tax would only be levied where there has been very signifcant delinquencies or
changes in the development.
Classification Home Size Assi ned S ecial Tax
1 dwelling unit
2 dwellin 7 unit
3 dwelling unit
4 dwellin 7 unit
4.HOW LONG WILL 1 HAVE TO PAY THE CFD NO. 2005-1 SPECIAL TAX? The
CFD No. 2005-1 special tax will not be collected after calendar year 20_.
5.CAN THE SPECIAL TAXES BE PREPAID? Homeowners have the option of
prepaying their CFD No. 2005-1 special tax anytime. For prepayment information please
contact the City.
6. WHERE CAN 1 GET MORE INFORMATION? For more information in regards to
CFD No. 2005-1, contact the City of Palm Desert at
1 128
c-2
129
RESOLUTION NO. 06-
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT TO ESTABLISH CITY OF PALM DESERT
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK),
TO MAKE ENVIRONMENTAL FINDINGS WITH RESPECT THERETO,
TO ADOPT A MITIGATED NEGATIVE DECLARATION IN
CONNECTION THEREWITH, TO ESTABLISH AN APPROPRIATIONS
LIMIT THEREFOR, TO AUTHORIZE THE LEVY OF A SPECIAL TAX
THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT AND THE LEVY OF A SPECIAL TAX TO
THE QUALIFIED ELECTORS THEREOF
RECITALS:
WHEREAS, in accordance with a request set forth in a petition signed by the
owners of certain land proposed for inclusion in a proposed community facilities district
the "Petitioning Landowners"), the City Council (the "City Council") of the City of Palm
Desert, California (the "City"), has previously adopted a resolution entitled "A Resolution of
Intention of the City Council of the City of Palm Desert to Establish City of Palm Desert
Community Facilities District No. 2005-1 (University Park) and to Authorize the Levy of a
Special Tax within City of Palm Desert Community Facilities District No. 2005-1 (University
Park)" (the "Resolution of Intention to Establish DistricY') stating its intention to conduct
proceedings to form City of Palm Desert Community Facilities District No. 2005-1
University Park) (the "DistricY') pursuant to the Mello-Roos Community Facilities Act of
1982, as amended, commencing with Section 53311 of the California Government Code
the "AcY') to finance certain public facilities to serve the District (the "Original Facilities");
and
WHEREAS, a copy of the Resolution of Intention to Establish District setting forth a
description of the proposed boundaries of the District, the Original Facilities to be financed
by the District, including incidental expenses, and the rate and method of apportionment of
the special tax proposed to be levied within the District is on file in the office of the City
Clerk of the City and is incorporated herein by reference; and
WHEREAS, the City Council has previously adopted a resolution entitled "A
Resolution of Intention of the City Council of the City of Palm Desert to Incur Bonded
Indebtedness Within Proposed City of Palm Desert Community Facilities District No. 2005-
1(University Park)" (the "Resolution of Intention to Incur Bonded Indebtedness") stating
the City Council's intention, acting as the legislative body of the District, to authorize the
issuance and sale of one or more series of bonds for the District in maximum aggregate
principal amount of $70,000,000 to finance the cost of Original Facilities; and
WHEREAS, the Resolution of Intention to Establish District and Resolution of
Intention to Incur Bonded Indebtedness set December 8, 2005 (the "Original Hearing
to.o z s,os.
130
Date") as the date of a public hearing on the establishment of the District, the extent of the
District, the furnishing of Original Facilities to serve the District, the proposed rate and
method of apportionment of the special tax within the District, and the proposed debt issue;
and
WHEREAS, a notice of the public hearing was published and was mailed to all
landowners proposed to be included in the District in accordance with the Act; and
WHEREAS, prior to the Original Hearing Date, the Petitioning Landowners made
the determination to exclude the development impact fees of the Palm Springs Unified
School District and the school improvements to be constructed thereby (the "School
Facilities") from the list of public facilities to be financed by the District, in the interest of
applying a greater portion of the DistricYs financing to the facilities to be owned by the City
and the Coachella Valley Water District (the "CVWD"); and
WHEREAS, prior to the Original Hearing Date, there was filed with the City Council
a report containing a description of the facilities necessary to adequately meet the needs
of the District and an estimate of the cost of financing such facilities as required by Section
53321.5 of the Act (the "Report"), which Report amends the list of Original Facilities to
delete the School Facilities from the list of public facilities to be financed by the District;
and
WHEREAS, Section 53316.2 of the Act permits the District to finance facilities to be
owned or operated by a public agency other than the City, but only pursuant to a joint
community facilities agreement ("JCFA") adopted by resolution of each of the public
agencies that are party thereto and prior to the City Council's adoption of a resolution of
formation to establish the District; and
WHEREAS, prior to the Original Hearing Date, representatives of the Petitioning
Landowners met with representatives of the CVWD to discuss the approval of a JCFA
pursuant to Section 53316.2 of the Act, regarding certain of the Original Facilities which, if
approved by the qualified electors within the District, would be owned and operated by the
CVWD; and
WHEREAS, the CVWD indicated that it would need more time beyond the Original
Hearing Date to consider the terms and conditions of the proposed JCFA and for the Board
of Directors of the CVWD to approve the JCFA by resolution; and
WHEREAS, the aforementioned public hearing was duly continued from December
8, 2005 in the City Council Chamber to 4 p.m. on January 12, 2006 in the City Council
Chamber upon a finding by the City Council that, pursuant to Section 53325 of the Act, it is
appropriate and necessary to continue such hearing, in order to ensure adequate time to
address the complexities of the District relating to the JCFA and to ensure adequate
opportunity for public comment and participation, including without limitation the comment
and participation of the CVWD, with respect to the proposed Original Facilities and JCFA;
and
to.o3z s,3 os. 2
131
WHEREAS, prior to the reconvening of the public hearing on January 12, 2006, it
was determined that certain park improvements and park land site acquisition identified in
Sections VIII.E. and VIII.F. of Exhibit "A" of the Resolution of Intention to Establish District
the "Parks E and F Improvements"), also described as "Park E" and "Park F," respectively,
will not be owned by the City or any other governmental entity and may not be financed by
the District by the issuance of its tax-exempt bonds; and
WHEREAS, Section 53325 of the Act permits the City Council to modify the
Resolution of Intention to Establish District by eliminating proposed facilities, if the City
Council makes such modifications at the aforementioned public hearing; and
WHEREAS, at the public hearing, the City Council adopted a resolution entitled, "A
Resolution of the City Council of the City of Palm Desert Modifying the Resolution of
Intention to Eliminate Certain Facilities From Financing by Proposed City of Palm Desert
Community Facilities District No. 2005-1 (University Park)" (the "Resolution of
Modification"), which is on file in the office of the City Clerk of the City and modifies and
amends the Resolution of Intention to Establish District by amending the list of Original
Facilities therein to eliminate the School Facilities and the Parks E and F Improvements,
which revised list of authorized facilities is set forth in Exhibit "A" hereto (the "Facilities");
and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters
pertaining to the establishment of the District, the extent of the District, the furnishing of
Facilities to serve the District, the proposed rate and method of apportionment of the
special tax, and the proposed debt issue were heard and a full and fair hearing was held;
and
WHEREAS, at the public hearing, evidence was presented to the City Council on
the matters before it, and the City Council at the conclusion of the hearing is fully advised
as to all matters relating to the formation of the District, the levy of the special tax, and the
incurrence of bonded indebtedness therein; and
WHEREAS, written protests with respect to the establishment of the District, the
extent of the District, and the furnishing of Facilities to serve the District have not been
filed with the City Clerk by fifty percent or more of any registered voters residing within the
territory of the District or property owners of one-half or more of the area of land within the
District and not exempt from the levy of the special tax; and
WHEREAS, the special tax proposed to be levied in the District to pay for the costs
of the Facilities has not been eliminated by protest by fifty percent or more of any
registered voters residing within the territory of the District or property owners of one-half
of more of the area of land within the District and not exempt from the levy of the special
tax; and
WHEREAS, City staff prepared an initial study (the "Initial Study") forthe project, as
defined in paragraph 8 of the Initial Study (the "ProjecY'), including formation of the District
to.o3z s,3 os. 3
132
and financing the Original Facilities (which include all of the Facilities listed in Exhibit "A"
hereto), as required by the California Environmental Quality Act, commencing with Section
21000 of the California Public Resources Code and the California Environmental Quality
Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of
Regulations, (collectively "CEQA"). The Initial Study concluded that the Project would not
result in any significant adverse environmental impacts with the implementation of certain
mitigation measures. Therefore a Mitigated Negative Declaration was prepared and
circulated for a 20-day public review and comment period, during which the City received
one comment letter from Sunline Transit Agency. The Sunline Transit Agency letter
commented on sidewalk installation and transit services in the vicinity of the Project.
Approximately 3 weeks after the close of the public review and comment period, the City
also received one comment letter from the CVWD, and in response, staff has made minor
corrections to the Initial Study and the Mitigated Negative Declaration. A Mitigation,
Monitoring and Reporting Plan was prepared for this Project; and
WHEREAS, the City Council desires to proceed with the establishment of the
District and to make the necessary findings to incur the bonded indebtedness.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT:
1. Recitals. The above recitals are all true and correct.
2. Findina of Validity. Pursuant to Section 53325.1(b) of the Act, the City
Council finds and determines that all of the proceedings prior hereto were
valid and taken in conformity with the requirements of the law, and
specifically the provisions of the Act.
3. Name of District. The City Council hereby establishes and declares the
formation of a community facilities district pursuant to the Act to be
designated "City of Palm Desert Community Facilities District No. 2005-1
University Park)."
4. Boundaries of District. The exterior boundaries of the District are shown on
the map entitled "Map of Proposed Boundaries, Community Facilities District
No. 2005-1 (University Park), City of Palm Desert, County of Riverside, State
of California" (the "Map") and recorded in the Riverside County Recorder's
office in Book 64, Page 78, of Maps of Assessment and Community Facilities
Districts. The Map is hereby approved and incorporated herein by
reference.
5. Facilities. The type of Facilities proposed to be provided to serve the District
and to be financed under the Act shall consist of those facilities set forth on
Exhibit "A" and incorporated herein by reference. The City Council hereby
finds that the proposed Facilities are necessary to meet increased demands
to.o3z s,3 os. 4
133
placed upon the City as a result of development occurring in the District.
The City Council additionally finds that, except for the elimination of the
School Facilities and the Parks E and F Improvements pursuant to the
Resolution of Modification, the adjustments to the descriptions of the
facilities from the Resolution of Intention to Establish District (a) are merely
for clarification purposes, (b) do not add any types of facilities that were not
specified in the Resolution of Intention to Establish District, and (c) do not
constitute a change in the types of authorized public facilities to be financed
by the District.
6. CEQA.
a. The City Council, as the lead agency for the Project, has considered
the Mitigated Negative Declaration, the November22, 2005, comment
letter from Sunline Transit Agency, and the testimony received during
the public hearing for the Project. Although the comment letter from
CVWD was received approximately 3 weeks after the close of the
public review and comment period, the City Council has also
considered such comment letter.
b. The Sunline Transit Agency comment letter discusses installation of
sidewalks in conjunction with the CFD improvements which, as noted
in Exhibit "A" of the Initial Study, are included within the street
improvements to be completed by the Project.
c. For reference to certain mitigation measures and mitigation
monitoring/reporting programs, the Mitigated Negative Declaration
included certain pages excerpted from the final Environmental Report
relating to the General Plan and Environmental Impact Report (SCH
2003051103) (the "General Plan EIR"). The CVWD comments letter
made inquiry or corrections to a few factual statements in the pages
from the General Plan EIR. The City's staff has considered and
responded to such inquiries or corrections in the staff report relating
to this resolution.
d. The CVWD comments letter also requested further analysis of the
Project effects regarding water quality, discharge, and groundwater,
because page 8 of 15 of the environmental checklist within the Initial
Study has indicated "No Impact." However, excerpted pages III-73, III-
81-83, III-92-94 and from the General Plan EIR and included within
the Mitigated Negative Declaration discuss the water quality,
discharge, and groundwater at length, including lists of related
mitigation measures. Therefore, the City Council hereby makes the
corrections to page 8 of 15 of the environmental checklist within the
Initial Study, to items a) and b) under the heading "HYDROLOGY
to.o z s,os. 5
134
AND WATER QUALITY," to indicate "Less Than Significant With
Mitigation Incorporated" rather than "No Impact." Similarly, the City
Council hereby amends Section 9 of the Environmental Checklist
Discussion within the Mitigated Negative Declaration to clarify that the
drainage facilities and retention basins required to be constructed as
part of the Project, together with the mitigation measures identified
and attached to the Mitigated Negative Declaration from the General
Plan EIR (such as water conservation and landscaping measures,
wastewater treatment and reclamation), will be implemented and can
mitigate the potential impacts of development on water quality,
discharge, and groundwater resources to less than significant
impacts. The City Council hereby additionally finds that these
corrective and clarifying changes to the Initial Study and Mitigated
Negative Declaration do not constitute "substantial revisions" as
defined in Section 15073.5 of the CEQA Guidelines, that these
revisions constitute insignificant modifications and information that
merely clarify the Mitigated Negative Declaration, and that pursuant to
Section 15073.5(c)(4) of the CEQA Guidelines, no recirculation of the
Mitigated Negative Declaration is required.
e. The City Council hereby finds, in its independent judgment after
considering all relevant evidence in the record of proceedings for the
Project, including without limitation the information set forth in the
Mitigated Negative Declaration and the Initial Study, that there is not
substantial evidence supporting a fair argument that the Project may
actually produce any significant environmental impacts that cannot be
mitigated to a less than significant level through implementation of
those mitigation measures identified in the Mitigated Negative
Declaration. Therefore, the City Council finds that the Project will not
have a significant environmental effect.
f. The City Council finds that the Mitigated Negative Declaration reflects
the City Council's independent judgment and analysis.
g. The City Council hereby adopts the final Mitigated Negative
Declaration and the Mitigation, Monitoring and Reporting Planforthe
proposed Project, attached hereto as Exhibit "C" and incorporated
herein by reference, subject to the corrections and modifications
contained in this Resolution.
h. The City Council hereby directs staff to prepare a Notice of
Determination, to file that Notice with the County Clerk in accordance
with Section 15075(d) of the California Environmental Quality Act
Guidelines, and to pay the applicable Fish and Game filing fee.
to.o3z s,3 os. 6
135
7. No Maioritv Protest. The City Council hereby finds that written protests
against the establishment of the District, against the furnishing of a specified
type of facility to serve the District, or against the levying of a specified
special tax within the District have not been filed by any property owner or
registered voter within the boundaries of the District. Therefore, the City
Council finds and declares that the special tax to be levied in the District has
not been precluded by majority protest pursuant to Section 53324 of the Act.
8. Special Tax.
a. Except where funds are otherwise available to pay for the Facilities
and/or the principal and interest as it becomes due on bonds of the
District issued to finance the Facilities, a special tax (the "Special
Tax") is hereby authorized, subject to approval by two-thirds of the
votes cast within the District, to be levied annually in accordance with
the procedures of the Act within the boundaries of the District
sufficient to pay for the costs thereof, including incidental expenses.
The Special Tax will be secured by recordation of a continuing lien
against all non-exempt real property in the District and will be
collected in the same manner as ordinary ad valorem property taxes
are collected, or in such other manner as may be provided by the City
Council including, without limitation, direct billing of the affected
property owner, and shall be subject to the same penalties,
procedure, sale and lien priority in case of delinquency as applicable
for ad valorem property taxes. In the first year in which the Special
Tax is levied, the levy shall include a sum sufficient to repay to the
City all amounts, if any, transferred to the District pursuant to Section
53314 of the Act and interest thereon.
b. The proposed rate and method of apportionment of the Special Tax
among parcels of real property in the District, in sufficient detail to
allow each resident or landowner to estimate the maximum amount
such resident or owner will have to pay, is shown in Exhibit "B",
attached hereto and incorporated herein by reference (the "Rate and
Method"). The City Council hereby determines the Rate and Method
set forth in Exhibit "B" to be reasonable and, in accordance with the
City's Goals and Policies for Community Facilities Districts adopted
on October 13, 2005 under Section 53312.7 of the Act (the "Goals
and Policies"), that the Overlapping Debt Burden (as used in the
Goals and Policies and based on the applicable Special Tax) relating
to commercial parcels within the District, while projected to exceed
2.0% percent of the projected assessed value of each improved
commercial parcel within the District (based on the appraisal forsuch
property within District obtained pursuant to the Goals and Policies),
is fiscally prudent.
to.o3z s,3 os. 7
136
c. In the case of any Special Tax to pay for the Facilities to be levied
against any parcel used for private residential purposes: (i) the
maximum Special Tax shall be specified as a dollar amount which
shall be calculated and thereby established not later than the date on
which the parcel is first subject to the tax because of its use for
private residential purposes and which amount shall not be increased
over time over two percent (2%) per year; (ii) the tax year after which
no further Special Tax subject to this sentence shall be levied or
collected shall be as set forth in Exhibit "B" hereto; and (iii) under no
circumstances will the Special Tax levied against any parcel subject
to this sentence be increased as a consequence of delinquency or
default by the owner of any other parcel within the District by more
than ten percent (10%). For the purposes hereof, a parcel is used for
private residential purposes" not later than the date on which an
occupancy permit for private residential use is issued.
9. Notice of Special Tax Lien. Upon recordation of a notice of special tax lien
with respect to the District pursuant to Section 3114.5 of the California
Streets and Highways Code, a continuing lien to secure each levy of the
Special Tax shall attach to all nonexempt real property in the District, and
this lien shall continue in force and effect until collection of the Special Tax
by the City Council ceases.
10. Appropriations Limit. An appropriations limit for the District is hereby
established, subject to voter approval, as an amount equal to all the
proceeds of the Special Tax collected annually within such District and as
defined by Article XIIIB of the California Constitution, as adjusted for
changes in the cost of living and changes in population.
11. Preparation of Annual Roll. The then current Finance Director, 73-510 Fred
Waring Drive, Palm Desert California 92260, telephone number (760) 346-
0611, is designated to be responsible for preparing annually, or authorizing
a designee to prepare, a current roll of Special Tax levy obligations by
assessor's parcel number and for estimating future Special Tax levies
pursuant to Section 53340.2 of the Act.
12. Report. The Report is hereby approved, made a part of the record of the
public hearing regarding the formation of the District, and ordered to be kept
on file in the office of the City Clerk and open for public inspection.
13. Special Tax Accountability Measures. Pursuant to and in compliance with
the provisions of Government Code Section 50075.1, the City Council
hereby establishes the following accountability measures pertaining to the
levy by the District of the Special Tax described in Section 8 above:
to.o3z s,3 os. 8
137
a. Such Special Tax shall be levied for the specific purposes set forth in
Section 8(a) hereof.
b. The proceeds of the levy of such Special Tax shall be applied only to
the specific purposes set forth in Section 8(a) hereof.
c. The District shall establish an account or accounts into which the
proceeds of such Special Tax shall be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of
the District, shall annually file a report with the City Council as
required pursuant to Government Code Section 50075.3.
14. Election. The proposition related to the incurring of the bonded
indebtedness and the proposition relating to the levy of the Special Tax shall
be combined into one ballot proposition, and shall be submitted to the
qualified voters of the District, together with a proposition to establish an
appropriations limit for the District. The election shall be held on January
12, 2006, in the City Council Chamber, 73-510 Fred Waring Drive, Palm
Desert, California 92260. Pursuant to Section 53327 of the Act, the election
shall be conducted by mail ballot in accordance with the California Elections
Code and the voted ballots shall be returned to the City Clerk immediately
following adoption of a resolution calling the special election. The election
shall be closed when the qualified electors have voted, but not later than 8
p.m. on January 12, 2006.
to.o3z s,3 os. 9
138
PASSED AND ADOPTED this 12th day of January, 2006, by the following vote to
wit:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Jim Ferguson, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
to.o3z s,3 os. 10
139
EXHIBIT "A"
DESCRIPTION OF FACILITIES
The public facilities (the "Facilities") described below are proposed to be financed by City
of Palm Desert Community Facilities District No. 2005-1 (University Park) (the "DistricY)
and include a pedestrian bridge, traffic signals, landscaping, street improvements, water
improvements, well site improvements and land acquisition, sewer improvements, storm
drain improvements, utility improvements, public art improvements, park improvements,
and park site land acquisition, together with all appurtenances and appurtenant work, such
as related clearing and grubbing, grading, and any removal or temporary signage or
markings related thereto. The cost of the Facilities shall include incidental expenses,
including costs associated with forming the District, issuance of bonds, determination of
the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax,
costs incurred in order to carry out the authorized purposes of the District, and the costs of
engineering, inspecting, coordinating, completing, planning and designing the Facilities,
including the costs of environmental evaluations.
The Facilities include, but shall not be limited to, the facilities listed below, and other
facilities of the same type or types may be substituted in the place of one or more of the
specific facilities listed below. Any of the Facilities to be constructed shall be constructed,
whether or not acquired in their completed states, pursuant to plans and specifications
approved by the City of Palm Desert (or the Coachella Valley Water District, as applicable)
and the officials thereof, including the City Engineer. The final nature and location of the
Facilities will be determined upon the preparation of final plans and specifications for such
Facilities. The Facilities may include facilities financed pursuant to public agency
development impact fees.
One half of Cook Street Pedestrian Bridae (including, but not limited to bridge,
ADA access ramps, elevator, retaining walls, hand railing, pedestrian lighting,
revised sidewalks and minor grading)
II. Street Imqrovements (including, but not limited to, street widening, excavation,
signing and striping, access ramps, grading, median and parkway landscaping,
curbs and gutters, sidewalks, street lights, dry utility infrastructure, bus stops, fringe
toed lizard fee and City fees)
A. Frank Sinatra Drive: from West of Cook Street to College Drive
B. Cook Street: from Frank Sinatra Drive to Gerald Ford Drive
C. Portola Avenue: from College Drive to Gerald Ford Drive
D. Southern half of Gerald Ford Drive: from Portola Avenue to Cook Street
E. University Park Drive: from College Drive to Cook Street
F. Technology Drive: from College Drive to Gerald Ford Drive
G. Pacific Avenue: from College Drive to Gerald Ford Drive
H. College Drive: from Portola Avenue to Frank Sinatra Drive
to.o3z s,3 os. A-1 140
In-tract streets
III. Water Improvements
A. University Park Drive: from West intersection College Drive to East
intersection College Drive
B. Technology Drive: from College Drive to Gerald Ford Drive
C. Pacific Avenue: from College Drive to Gerald Ford Drive
D. College Drive: from Portola Avenue to Frank Sinatra Drive
E. Well Sites (including land acquisition and improvements) to be located at
four sites to be determined by the Coachella Valley Water District
concurrently with land plan, final tentative map(s), or similar document(s) (as
appropriate) to be approved by the City's Planning Commission and City
Council. The tentatively approved locations of the well sites are as follows:
1. Adjacent to Gerald Ford Drive between Pacific Avenue and
Technology Drive;
2. Northeast corner of College Drive and Portola Avenue;
3. Adjacent to University Park Drive close to the western intersection
with College Drive; and
4. Adjacent to College Drive South of University Park Drive
F. In-tract water facilities
G. Water improvements to be funded from water capacity and water
supplemental fees
IV. Traffic Sianals
A. The intersection of Cook Street/Gerald Ford (modified)
B. The intersection of Cook Street/University Park Drive (modified)
C. The intersection of Frank Sinatra Drive/College Drive
D. The intersection of Portola Avenue/College Drive
E. Signals to be located on the south side of the intersection of Gerald Ford
Drive/Pacific Avenue
F. Signals to be located on the south side of the intersection of Gerald Ford
Drive/Technology Drive
G. Signals to be located on the south side of the intersection of Gerald Ford
Drive/Portola Avenue (cost participation only)
V. Sewer Improvements
A. Technology Drive: from College Drive to Gerald Ford Drive
B. Pacific Avenue: from College Drive to Gerald Ford Drive
C. College Drive: from the West intersection University Park Drive to
Technology Drive to North of Frank Sinatra Drive
i,.o.o z s,os. A-2 141
D. University Park Drive: from West intersection College Drive to Southwest of
West intersection of College Drive and West of the East intersection College
Drive to the East intersection College Drive
E. In-tract sewer improvements
F. Sewer improvements to be funded from sewer connection fees
VI. Storm Drain Improvements
A. Pacific Avenue: Catch basins and interim-condition retention basins on the
east and west sides of Pacific, adjacent to Gerald Ford Drive
B. College Drive: Catch basins and interim-condition retention basin on the
southwest corner of College Drive and University Park Drive (west
intersection); catch basins on the east and west sides of the intersection with
Technology Drive and a permanent retention basin along Technology Drive;
and a catch basin and interim-condition retention basin on the east side of
College Drive south of the east intersection with University Park Drive
C. University Park Drive: Catch basins on the east and west sides of University
Park Drive at the west intersection with College Drive and an interim-
condition retention basin in the southwestern corner of the intersection;
catch basins on the north and south sides of University Park Drive and an
interim-condition retention basin in the northwest quadrant of the east
intersection of College Drive and University Park Drive; and, as indicated
above under Vl. B., a catch basin and interim-condition retention basin on the
south side of University Park Drive, west of Cook Street
D. Technology Drive: Catch basins on the east and west sides of Technology
Drive and an interim-condition retention basin west of Technology Drive and
south of Gerald Ford Drive
E. Gerald Ford Drive: Catch basin and interim-condition retention basin
between Pacific and Technology Drive on the south side of Gerald Ford
Drive; as indicated above under VI.A., catch basin and interim-condition
retention basin on the south side of Gerald Ford Drive west of Pacific
Avenue; and, as indicated above under VI.D., catch basin and interim-
condition retention basin west of Technology Drive
F. Cook Street: As indicated above under VI.B., catch basin and interim-
condition retention basin south of University Park Drive, west side of Cook
Street
G. In-tract storm drains
VII. Utilities Improvements
A. Frank Sinatra Drive: from West of Cook Street to College Drive
B. University Park Drive: from West intersection College Drive to Cook Street
C. Technology Drive: from College Drive to Gerald Ford Drive
D. Pacific Avenue: from College Drive to Gerald Ford Drive
E. College Drive: from Portola Avenue to Frank Sinatra Drive
to.o3z s,3 os. A-3 142
F. Southern half of Gerald Ford Drive: from Technology Drive to PacificAvenue
VIII. Park Imqrovements and Park Site Land Acquisition (including, but not limited to, site
development, lighting and landscaping improvements, restroom facilities, age-
appropriate tot lots, sand volleyball and basketball facilities, picnic pavilions,
greenspace (including without limitation greenspace large enough for sports
activities), shade structures, walking paths, water spray features, dog park
improvements, and parking improvements)
A. Park A(approximately 2 acres) — Generally surrounded by Portola Avenue,
College Drive, Pacific Avenue and Gerald Ford Drive
B. Park B(approximately 4.5 acres) — Generally surrounded by Gerald Ford
Drive, Pacific Avenue, College Drive and to the west of the intersection of
College Drive and University Park Drive
C. Park C(approximately 2.3 acres)— Located in the southwest corner of the
west intersection of University Park Drive and College Drive
D. Park D(approximately 2.8 acres)— Generally surrounded by College Drive
and University Park Drive
IX. Landscapinq (includes all planting, irrigation, trees, and necessary
hardscape/rocking)
A. All street median areas as well as parkway areas (listed under Section II)
between the back of curb and gutter and street right of way (excluding the
sidewalk) will be landscaped.
to.o3z s,3 os. A-4 143
EXHIBIT "B"
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT No. 2005-1
UNIVERSITY PARK)
see attached]
to.o3z s,3 os. B-1 144
145
EXHIBIT "C"
MITIGATION, MONITORING AND REPORTING PLAN
see attached]
to.o z s,os. C-I
146
Environmental Mitigation Monitoring and
Reporting Program for CFD 2005-1
University Park
AUTHORITY
This Environmental Mitigation Monitoring and Reporting Program has been prepared pursuant to Section
21081.6 of the California Environmental Quality Act, known as CEQA (Public Resources Code Section 21000
et seq.), to provide for the monitoring of mitigation measures required of the University Park CFD 2005-1
Project, as set forth in the Mitigated Negative Declaration prepared for the project. This report will be kept on
file in the offices of the City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260.
MONITORING SCHEDULE
Prior to the issuance of pernuts, while detailed development plans are being prepared for approval by City
staff, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the
project design phase. City staff will prepare or cause to be prepared reports identifying compliance with
mitigation measures. Once construction has begun and is underway, monitoring of the mitigation measures
associated with construction will be included in the responsibilities of designated City staff, who shall prepare
or cause to be prepared reports of such monitoring periodically until construction has been completed. Once
construction has been completed, the City will monitor the project as appropriate and provided in the
monitoring plan.
FORMAT OF MITIGATION MONITORING MATRIX
The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which
monitoring is required, the required mitigation measures, the time frame for monitoring, and the responsible
monitoring agencies.
P6401.1032\864795.4
147
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RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT TO DECLARE THE NECESSITY TO
INCUR BONDED INDEBTEDNESS WITHIN CITY OF PALM
DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1
UNIVERSITY PARK)
RECITALS:
WHEREAS, in accordance with a request set forth in a petition signed by the
owners of certain land proposed for inclusion in a proposed community facilities district
the "Petitioning Landowners"), the City Council (the "City Council") of the City of Palm
Desert, California (the "City"), has previously adopted a resolution entitled "A Resolution of
Intention of the City Council of the City of Palm Desert to Establish City of Palm Desert
Community Facilities District No. 2005-1 (University Park) and to Authorize the Levy of a
Special Tax within City of Palm Desert Community Facilities District No. 2005-1 (University
Park)" (the "Resolution of Intention to Establish District') stating its intention to conduct
proceedings to form City of Palm Desert Community Facilities District No. 2005-1
University Park) (the "District') pursuant to the Mello -Roos Community Facilities Act of
1982, as amended, commencing with Section 53311 of the California Government Code
the "Act') to finance certain public facilities to serve the District (the "Original Facilities"),
including incidental expenses, as further provided in the Resolution of Intention-, and
WHEREAS, the City Council has previously adopted a resolution entitled "A
Resolution of Intention of the City Council of the City of Palm Desert to Incur Bonded
Indebtedness within Proposed City of Palm Desert Community Facilities District No. 2005-
1 (University Park)" (the "Resolution of Intention to Incur Bonded Indebtedness") stating its
intention to authorize the issuance and sale of one or more series of bonds in the
maximum aggregate principal amount of $70,000,000-1 and
WHEREAS, the Resolution of Intention to Establish District and the Resolution of
Intention to Incur Bonded Indebtedness set December 8, 2005 (the "Original Hearing
Date"), as the date of a public hearing on the establishment of the District, the extent of the
District, the furnishing of Original Facilities to serve the District, the proposed rate and
method of apportionment of the special tax within the District (the "Rate and Method"), and
the proposed debt issue-, and
WHEREAS, a notice of the public hearing was published and mailed to all
landowners proposed to be included in the District in accordance with the Act-, and
WHEREAS, prior to the Original Hearing Date, the Petitioning Landowners made
the determination to exclude the development impact fees of the Palm Springs Unified
School District and the school improvements to be constructed thereby (the "School
Facilities") from the list of public facilities to be financed by the District, in the interest of
P6401.1032 963109.2
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applying a greater portion of the District's financing to the facilities to be owned by the City
and the Coachella Valley Water District (the "CVWD"); and
WHEREAS, prior to the Original Hearing Date, there was filed with the City Council
a report containing a description of the facilities necessary to adequately meet the needs
of the District and an estimate of the cost of financing such facilities as required by Section
53321.5 of the Act (the "Report"), which Report amends the list of Original Facilities to
delete the School Facilities from the list of public facilities to be financed by the District;
and
WHEREAS, Section 53316.2 of the Act permits the District to finance facilities to be
owned or operated by a public agency other than the City, but only pursuant to a joint
community facilities agreement ("JCFA") adopted by resolution of each of the public
agencies that are party thereto and prior to the City Council's adoption of a resolution of
formation to establish the District; and
WHEREAS, prior to the Original Hearing Date, representatives of the Petitioning
Landowners met with representatives of the CVWD to discuss the approval of a JCFA
pursuant to Section 53316.2 of the Act, regarding certain of the Original Facilities which, if
approved by the qualified electors within the District, would be owned and operated by the
CVWD; and
WHEREAS, the CVWD indicated that it would need more time beyond the Original
Hearing Date to consider the terms and conditions of the proposed JCFA and for the Board
of Directors of the CVWD to approve the JCFA by resolution; and
WHEREAS, the aforementioned public hearing was duly continued from December
8, 2005 in the City Council Chamber to 4 p.m. on January 12, 2006 in the City Council
Chamber upon a finding by the City Council that, pursuant to Section 53325 of the Act, it is
appropriate and necessary to continue such hearing, in order to ensure adequate time to
address the complexities of the District relating to the JCFA and to ensure adequate
opportunity for public comment and participation, including without limitation the comment
and participation of the CVWD, with respect to the proposed Original Facilities and JCFA;
and
WHEREAS, prior to the reconvening of the public hearing on January 12, 2006, it
was determined that certain park improvements and park land site acquisition identified in
Sections VIII.E. and VIII.F. of Exhibit "A" of the Resolution of Intention to Establish District
the "Parks E and F Improvements"), also described as "Park E" and "Park F," respectively,
will not be owned by the City or any other governmental entity and may not be financed by
the District by the issuance of its tax-exempt bonds; and
WHEREAS, Section 53325 of the Act permits the City Council to modify the
Resolution of Intention to Establish District by eliminating proposed facilities, if the City
Council makes such modifications at the aforementioned public hearing; and
P6401.1032 863109.2 2
153
WHEREAS, at the public hearing, the City Council adopted a resolution entitled, "A
Resolution of the City Council of the City of Palm Desert Modifying the Resolution of
Intention to Eliminate Certain Facilities From Financing by Proposed City of Palm Desert
Community Facilities District No. 2005-1 (University Park)," which is on file in the office of
the City Clerk of the City and modifies and amends the Resolution of Intention to Establish
District by amending the list of Original Facilities therein to eliminate the School Facilities
and the Parks E and F Improvements (as amended, the "Facilities"); and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters
pertaining to the establishment of the District, to the extent of the District, to the furnishing
of Facilities to serve the District, to the proposed Rate and Method, and to the proposed
debt issues were heard and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the
matters before it and the City Council at the conclusion of the hearing is fully advised as to
all matters relating to the formation of the District, the levy of the special tax, and the
incurrence of bonded indebtedness therein; and
WHEREAS, subsequent to the public hearing, the City Council adopted a
Resolution entitled "A Resolution of Formation of the City Council of the City of Palm
Desert to Establish City of Palm Desert Community Facilities District No. 2005-1
University Park), to Make Environmental Findings With Respect Thereto, to Adopt a
Mitigated Negative Declaration in Connection Therewith, to Establish an Appropriations
Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the
Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified
Electors Thereof' (the "Resolution of Formation"); and
WHEREAS, no written protests with respect to the matters material to the questions
set forth in the Resolution of Intention to Incur Bonded Indebtedness have been filed with
the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT:
1. Recitals. The above recitals are all true and correct.
2. Necessary to Incur Bonded Indebtedness. The City Council hereby declares that it
is necessary to incur a bonded indebtedness for the District in an aggregate
principal amount not to exceed $70,000,000 as authorized under the terms and
provisions of the Act.
3. Purpose. The bonded indebtedness will be incurred for the purpose of financing
the costs of the Facilities, as provided in the Resolution of Formation including, but
not limited to, the financing of the costs associated with the issuance of the bonds
and all other costs necessary to finance the Facilities which are permitted to be
financed pursuant to the Act.
P6401.1032 863109.2 J
154
4. Special Tax. The whole of the property within the District, other than property
exempted from the special tax pursuant to the provisions of the Rate and Method
set forth in Exhibit "B" to the Resolution of Formation, shall pay for the bonded
indebtedness through the levy of the special tax. The special tax is to be
apportioned in accordance with such Rate and Method.
5. Terms. It is the intent of the City Council, acting as the legislative body of the
District, to authorize the issuance and sale of one or more series of bonds in the
maximum aggregate principal amount of $70,000,000, bearing interest payable
annually or semi-annually, or in part annually and in part semiannually, at a
maximum interest rate of twelve percent (12%) per annum or such rate not in
excess of the maximum rate permitted by law at the time the bonds are issued;
provided the first interest payment may be for a period of less than six months, and
the actual rate or rates and times of payment shall be determined at the time or
times of sale. The term of the bonds of each series shall be determined pursuant to
a resolution of the City Council authorizing the issuance of such series, but such
term shall in no event exceed forty (40) years from the date of issuance of such
series of bonds or such longer term as is then permitted by law.
6. Accountability Measures. Pursuant to and in compliance with the provisions of
Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of
Title 5 of the Government Code, the City Council hereby establishes the following
accountability measures pertaining to any bonded indebtedness incurred by or on
behalf of the District:
a. Such bonded indebtedness shall be incurred for the specific purposes set
forth in Section 3 above.
b. The proceeds of any such bonded indebtedness shall be applied only to the
specific purposes identified in Section 3 above.
c. The document or documents establishing the terms and conditions for the
issuance of any such bonded indebtedness shall provide for the creation of
an account or accounts into which the proceeds of such indebtedness shall
be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of the
District, shall annually file a report with the City Council as required by
Government Code Section 53411.
7. Election. The proposition related to the incurring of the bonded indebtedness and
the proposition relating to the levy of the special tax shall be combined into one
ballot proposition, and shall be submitted to the qualified voters of the District,
together with a proposition to establish an appropriations limit for the District. The
election shall be held on January 12, 2006, in the City Council Chamber, 73-510
Fred Waring Drive, Palm Desert, California 92260. Pursuant to Section 53327 of
P6401.1032 863109.2 4
155
the Act, the election shall be conducted by mail ballot in accordance with the
California Elections Code and the voted ballots shall be returned to the City Clerk
immediately following adoption of a resolution calling the special election, but in any
event no later than 8 p.m. on January 12, 2006. The election shall be closed when
the qualified electors have voted, but not later than 8 p.m. on January 12, 2006.
PASSED AND ADOPTED this 12th day of January, 2006, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Jim Ferguson, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
P6401.1032 863109.2 S
156
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT CALLING A SPECIAL ELECTION
WITHIN CITY OF PALM DESERT
COMMUNITY FACILITIES DISTRICT NO. 2005-1
UNIVERSITY PARK)
RECITALS:
WHEREAS, on January 12, 2006, this City Council adopted a resolution entitled
A Resolution of Formation of the City Council of the City of Palm Desert to Establish
City of Palm Desert Community Facilities District No. 2005-1 (University Park), to Make
Environmental Findings With Respect Thereto, to Adopt a Mitigated Negative
Declaration in Connection Therewith, to Establish an Appropriations Limit Therefor, to
Authorize Levy of a Special Tax Therein, and to Submit the Establishment of an
Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof'
the "Resolution of Formation"), ordering the formation of the City of Palm Desert
Community Facilities District No. 2005-1 (University Park) (the "District"), establishing
an appropriations limit for the District and authorizing levy of a special tax (the "Special
Tax") on property within the District, subject to approval of the qualified electors of the
District at a special election referred to below, pursuant to the Mello -Roos Community
Facilities Act of 1982, as amended, commencing with Section 53311 of the California
Government Code (the "Act"); and
WHEREAS, on January 12, 2006, this City Council also adopted a resolution
entitled "A Resolution of the City Council of the City of Palm Desert to Declare the
Necessity to Incur Bonded Indebtedness within City of Palm Desert Community
Facilities District No. 2005-1 (University Park)" (the "Resolution of Necessity to Incur
Bonded Indebtedness"), determining the necessity to incur bonded indebtedness in the
maximum aggregate principal amount of $70,000,000-1 and
WHEREAS, pursuant to the provisions of said resolutions, the propositions of the
levy of said Special Tax, the establishment of the appropriations limit and the incurring
of the bonded indebtedness will be submitted to the qualified electors of the district as
required by the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT:
1. Recitals. The above recitals are all true and correct.
2. Ballot Propositions. Pursuant to Sections 53325.7, 53326, 53351, and 53353.5
of the Act, the proposition relating to the incurring of the bonded indebtedness
and the proposition relating to the levy of the Special Tax shall be combined into
one ballot proposition, and together with the proposition for the establishment of
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the appropriations limit, shall be submitted to the qualified electors of the District
as required by the Act.
If (a) the combined proposition for the levy of the Special Tax and the incurring of
the bonded indebtedness and (b) the proposition for the establishment of the
appropriations limit each receive the approval of more than two-thirds of the
votes cast on the proposition, one or more series of bonds may be authorized,
issued and sold for the purposes set forth herein, the Special Tax may be levied,
and the appropriations limit may be established as provided for in the Resolution
of Formation.
The ballot propositions shall be in the form attached hereto as Exhibit "A" and by
this reference incorporated herein, and said form of ballot is hereby approved.
3. Electors Determined. The City Council finds, based on information provided by
the Registrar of Voters of the County of Riverside, that fewer than 12 registered
voters have been registered to vote within the territory of the District for each of
the 90 days preceeding the close of the public hearing heretofore conducted and
concluded by the City Council for the purposes of these proceedings.
Accordingly, and pursuant to Section 53326 of the Act, the City Council finds that
for purposes of these proceedings the qualified electors are the landowners
within the District. Each landowner shall have one vote for each acre or portion
thereof that he or she owns within the District, as provided in Section 53326 of
the Act. The City Council finds that there are eight (8) qualified electors in the
District.
4. Election. This City Council hereby calls a special election to consider the
propositions described in Section 2 above, which election shall be held on
January 12, 2006 in the City Council Chamber, 73-510 Fred Waring Drive, Palm
Desert, California 92260, immediately following adoption of this Resolution. The
City Clerk is hereby designated as the official to conduct said election. It is
hereby acknowledged that the City Clerk has on file a copy of this Resolution and
a map of the boundaries of the District.
The voted ballots shall be returned to the City Clerk immediately following
adoption of this Resolution, but in any event no later than 8 p.m. on January 12,
2006, and when the qualified electors have voted, but not later than 8 p.m. on
January 12, 2006, the election shall be closed.
5. Mail Ballot. Pursuant to Section 53327 of the Act, the election shall be
conducted by mail ballot in accordance with the California Elections Code. This
City Council hereby finds that paragraphs (a), (b), (c)(1), and (c)(3) of Section
4000 of the California Elections Code are applicable to this special election.
6. Ballot. This City Council acknowledges that the City Clerk has caused to be
delivered to the qualified electors of the District a ballot in the form set forth in
Exhibit "A" hereto.
116401.1032\963 319.2
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158
The ballot was accompanied by all supplies and written instructions necessary to
the use and return of the ballot. The envelope to be used to return the ballot was
enclosed with the ballot, had the return postage prepaid, and contained the
following- (a) the name and address of the landowner, (b) a declaration, under
penalty of perjury, stating that the voter is owner of record or authorized
representative of the owner of record entitled to vote and is the person whose
name appears on the envelope, (c) the printed name, signature and address of
the voter, (d) the date of signing and place of execution of the declaration
pursuant to clause (b) above, and (e) a notice that the envelope contains an
official ballot and is to be opened only by the canvassing board.
Analysis and arguments with respect to the ballot measures have been waived
by the qualified electors, by unanimous written consent waiving all applicable
time limits and requirements pertaining to the conduct of said special election, as
permitted by Section 53327 of the Act. The City Council hereby concurs in said
waiver.
7. Return of Ballots. The City Clerk shall accept the ballot of the qualified electors
in the City Council Chambers upon and prior to the adoption of this Resolution,
whether said ballot be personally delivered or received by mail. The City Clerk
shall have available a ballot which may be marked at said location on the election
day by said qualified electors.
8. Waiver of Time Limits for Election. This City Council hereby further finds that the
provision of Section 53326 of the Act requiring a minimum of 90 days following
the adoption of the resolution calling the election to elapse before said special
election is for the protection of the qualified electors of the District. The
unanimous written consent of the qualified electors of the District waiving all
applicable time limits and requirements pertaining to the conduct of said special
election has been received. Accordingly, this City Council finds and determines
that said qualified electors have been fully apprised of and have agreed to the
shortened time for the election and have thereby been fully protected in these
proceedings. This City Council also finds and determines that the City Clerk has
concurred in the shortened time for the election.
9. Publication. The City Clerk is hereby directed to cause to be published in a
newspaper of general circulation circulating within the area of the District a copy
of the Resolution of Necessity to Incur Bonded Indebtedness as required by
Section 53352 of the Act.
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159
PASSED AND ADOPTED this 12th day of January, 2006, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Jim Ferguson, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
116401.10 32\963 ;19.2
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160
EXHIBIT "A"
OFFICIAL BALLOT
SPECIAL ELECTION
City of Palm Desert Community Facilities District No. 2005-1
University Park)
This ballot is for a special landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of Palm Desert
no later than 8 p.m. on January 12, 2006, either by mail or in person. The City Clerk's
office is located at 73-510 Fred Waring Drive, Palm Desert, California, 92260.
This ballot represents votes.
To vote, mark a cross (X) in the voting square after the word "YES" or after the
word "NO". All marks otherwise made are forbidden. All distinguishing marks are
forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Palm Desert and obtain another.
PROPOSITION A: Shall the City of Palm Desert, on behalf of City of Palm Desert
Community Facilities District No. 2005-1 (University Park) (the "District"), subject to the
Yes
accountability measures provided in the resolutions entitled "A Resolution of Formation u
of the City Council of the City of Palm Desert to Establish City of Palm Desert
Community Facilities District No. 2005-1 (University Park), to Make Environmental No
Findings With Respect Thereto, to Adopt a Mitigated Negative Declaration In
Connection Therewith, to Establish an Appropriations Limit Therefor, to Authorize the
Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations
Limit and the Levy of a Special Tax to the Qualified Electors Thereof' (the "Resolution
of Formation") and "A Resolution of the City Council of the City of Palm Desert to
Declare the Necessity to Incur Bonded Indebtedness within City of Palm Desert
Community Facilities District No. 2005-1 (University Park)" (the "Resolution of
Necessity"), incur an indebtedness and issue one or more series of bonds in the
maximum aggregate principal amount of $70,000,000, with interest at a rate or rates
not to exceed the maximum interest rate permitted by law at the time of sale of such
bonds, to finance the facilities and incidental expenses described in the Resolution of
Formation and the Resolution of Necessity; and shall a special tax with a rate and
method of apportionment as provided in the Resolution of Formation and the
Resolution of Necessity be levied annually on lands within the District to pay for the
facilities, incidental expenses, and other purposes described in the Resolution of
Formation and the Resolution of Necessity, including the payment of principal and
interest on bonds issued to finance the facilities, incidental expenses, and the costs of
the City of Palm Desert in administering the District?
PROPOSITION B: Shall City of Palm Desert Community Facilities District No. 2005-1 Yes
University Park) (the "District") establish an Article XIIIB appropriations limit for the
District at an amount equal to all the proceeds of the special tax collected annually
within the District and as defined by Article XIIIB of the California Constitution, as No
adjusted for changes in the cost of living and changes in population?
116401.10 32\963319.2
A-1
161
116401.10 32\963319.2
A-2
162
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT DECLARING THE RESULTS OF A
SPECIAL ELECTION IN CITY OF PALM DESERT
COMMUNITY FACILITIES DISTRICT NO. 2005-1
UNIVERSITY PARK) AND DIRECTING THE RECORDING
OF A NOTICE OF SPECIAL TAX LIEN
RECITALS:
WHEREAS, in proceedings heretofore conducted by the City Council of the City
of Palm Desert (the "City Council") pursuant to the Mello -Roos Community Facilities Act
of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with
Section 53311, of the California Government Code (the "Act'), the City Council adopted
on January 12, 2006 a resolution entitled "A Resolution of the City Council of the City of
Palm Desert Calling a Special Election Within City of Palm Desert Community Facilities
District No. 2005-1 (University Park)" (the "Resolution Calling Election"), calling for a
special election (the "Special Election") of the qualified electors within Community
Facilities District No. 2005-1 (University Park) (the "District'); and
WHEREAS, pursuant to the terms of said resolution, which are by this reference
incorporated herein, the Special Election was held on January 12, 2006, and the City
Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the
Election Returns (the "Certificate"), a copy of which is attached hereto as Exhibit "A" and
by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves
it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT:
1. Recitals. The above recitals are all true and correct.
2. Ballot Propositions. The issues presented at the Special Election were
Propositions A and B, as set forth in Exhibit "B" attached hereto and by this
reference incorporated herein.
3. Election Results. The results of the Special Election are as set forth in the
Certificate on file with the City Clerk and attached hereto as Exhibit "A".
Pursuant to the Certificate, Propositions A and B presented at the Special
Election were approved by more than two-thirds of the votes cast by the qualified
electors of the District.
116401 . 1 O 32\86 ; 32O.2 1 W \
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4. Ballot Propositions Authorized. This City Council, acting in its capacity as
legislative body of the District, is hereby authorized to levy on the land within the
District the special tax described in Proposition A for the purposes described
therein, to take the necessary steps to levy the special tax authorized by
Proposition A, and to issue one or more series of bonds in an amount not to
exceed $70,000,000 as specified in Proposition A. The appropriations limit as
specified in Proposition B is hereby established.
5. Findina of Validitv. It is hereby found that all prior proceeding and actions taken
by this City Council with respect to the District were valid and in conformity with
the Act.
6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the
office of the County Recorder of the County of Riverside within fifteen (15) days
of the date hereof a notice of special tax lien with respect to the District in
substantially the form required by California Streets and Highways Code Section
3114.5.
PASSED AND ADOPTED this 12th day of January, 2006, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Jim Ferguson, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
11640 . 032\963320.2 2
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EXHIBIT "A"
CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE
CANVASS OF THE ELECTION RETURNS
CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO.
2005-1
UNIVERSITY PARK)
I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, hereby certify that I
canvassed the returns of the Special Election in the City of Palm Desert Community
Facilities District No. 2005-1 (University Park) and that the election was held in the
Chambers of the City Council at 73-510 Fred Waring Drive, Palm Desert, California,
92260 on January 12, 2006.
I further certify that the total number of ballots cast in said election and the total
number of votes cast for and against Propositions A and B are full, true and correct:
Qualified
Eligible Votes
Voters Cast Yes No
Proposition A
Proposition B
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 12th day of
January, 2006.
By:
Rachelle D. Klassen
City Clerk
City of Palm Desert
116401.10 32\963320.2 A-1
165
EXHIBIT "B"
PROPOSITION A:
Shall the City of Palm Desert, on behalf of City of Palm Desert Community
Facilities District No. 2005-1 (University Park) (the "District"), subject to the
accountability measures provided in the resolutions entitled "A Resolution of
Formation of the City Council of the City of Palm Desert to Establish City of Palm
Desert Community Facilities District No. 2005-1 (University Park), to Make
Environmental Findings With Respect Thereto, to Adopt a Mitigated Negative
Declaration In Connection Therewith, to Establish an Appropriations Limit
Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the
Establishment of an Appropriations Limit and the Levy of a Special Tax to the
Qualified Electors Thereof' (the "Resolution of Formation") and "A Resolution of
the City Council of the City of Palm Desert to Declare the Necessity to Incur
Bonded Indebtedness within City of Palm Desert Community Facilities District
No. 2005-1 (University Park)" (the "Resolution of Necessity"), incur an
indebtedness and issue one or more series of bonds in the maximum aggregate
principal amount of $70,000,000, with interest at a rate or rates not to exceed the
maximum interest rate permitted by law at the time of sale of such bonds, to
finance the facilities and incidental expenses described in the Resolution of
Formation and the Resolution of Necessity; and shall a special tax with a rate
and method of apportionment as provided in the Resolution of Formation and the
Resolution of Necessity be levied annually on lands within the District to pay for
the facilities, incidental expenses, and other purposes described in the
Resolution of Formation and the Resolution of Necessity, including the payment
of principal and interest on bonds issued to finance the facilities, incidental
expenses, and the costs of the City of Palm Desert in administering the District?
PROPOSITION B:
Shall City of Palm Desert Community Facilities District No. 2005-1 (University
Park) (the "District") establish an Article XIIIB appropriations limit for the District
at an amount equal to all the proceeds of the special tax collected annually within
the District and as defined by Article XIIIB of the California Constitution, as
adjusted for changes in the cost of living and changes in population?
116401.1032\96 3 320.2 B-1
166
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO.
2005-1 (UNIVERSITY PARK) AUTHORIZING THE LEVY OF A SPECIAL
TAX WITHIN THAT DISTRICT
RECITALS:
WHEREAS, in accordance with a request set forth in a petition signed by the
owners of certain land proposed for inclusion in a proposed community facilities district
the "Petitioning Landowners"), the City Council of the City of Palm Desert (the "City
Council"), has previously adopted a resolution entitled "A Resolution of Intention of the City
Council of the City of Palm Desert to Establish City of Palm Desert Community Facilities
District No. 2005-1 (University Park) and to Authorize the Levy of A Special Tax within City
of Palm Desert Community Facilities District No. 2005-1 (University Park)" (the "Resolution
of Intention to Establish District") stating its intention to conduct proceedings to form City of
Palm Desert Community Facilities District No. 2005-1 (University Park) (the "District")
pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing
with Section 53311 of the California Government Code (the "Act") to finance certain public
facilities (the "Original Facilities") to serve the area of land hereinafter described-, and
WHEREAS, the City Council has previously adopted a resolution entitled "A
Resolution of Intention of the City Council of the City of Palm Desert to Incur Bonded
Indebtedness within Proposed City of Palm Desert Community Facilities District No. 2005-
1 (University Park)" (the "Resolution of Intention to Incur Bonded Indebtedness") stating
the City Council's intention, acting as the legislative body of the District, to authorize the
issuance and sale of one or more series of bonds in the maximum aggregate principal
amount of $70,000,000-
1
and
WHEREAS, the Resolution of Intention to Establish District and the Resolution of
Intention to Incur Bonded Indebtedness set December 8, 2005 (the "Original Hearing
Date"), as the date of a public hearing on the establishment of the District, the extent of the
District, the furnishing of Original Facilities to serve the District, the proposed rate and
method of apportionment of the special tax within the District (the "Rate and Method"), and
the proposed debt issue-, and
WHEREAS, a notice of the public hearing was published and mailed to all
landowners proposed to be included in the District in accordance with the Act-, and
WHEREAS, prior to the Original Hearing Date, the Petitioning Landowners made
the determination to exclude the development impact fees of the Palm Springs Unified
School District and the school improvements to be constructed thereby (the "School
Facilities") from the list of public facilities to be financed by the District, in the interest of
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167
applying a greater portion of the District's financing to the facilities to be owned by the City
and the Coachella Valley Water District (the "CVWD"); and
WHEREAS, prior to the Original Hearing Date, there was filed with the City Council
a report containing a description of the facilities necessary to adequately meet the needs
of the District and an estimate of the cost of financing such facilities as required by Section
53321.5 of the Act (the "Report"), which Report amends the list of Original Facilities to
delete the School Facilities from the list of public facilities to be financed by the District-,
and
WHEREAS, Section 53316.2 of the Act permits the District to finance facilities to be
owned or operated by a public agency other than the City, but only pursuant to a joint
community facilities agreement ("JUX) adopted by resolution of each of the public
agencies that are party thereto and prior to the City Council's adoption of a resolution of
formation to establish the District-, and
WHEREAS, prior to the Original Hearing Date, representatives of the Petitioning
Landowners met with representatives of the CVWD to discuss the approval of a JCFA
pursuant to Section 53316.2 of the Act, regarding certain of the Original Facilities which, if
approved by the qualified electors within the District, would be owned and operated by the
CVWD; and
WHEREAS, the CVWD indicated that it would need more time beyond the Original
Hearing Date to consider the terms and conditions of the proposed JCFA and for the Board
of Directors of the CVWD to approve the JCFA by resolution-, and
WHEREAS, the aforementioned public hearing was duly continued from December
8, 2005 in the City Council Chamber to 4 p.m. on January 12, 2006 in the City Council
Chamber upon a finding by the City Council that, pursuant to Section 53325 of the Act, it is
appropriate and necessary to continue such hearing, in order to ensure adequate time to
address the complexities of the District relating to the JCFA and to ensure adequate
opportunity for public comment and participation, including without limitation the comment
and participation of the CVWD, with respect to the proposed Original Facilities and JCFA;
and
WHEREAS, prior to the reconvening of the public hearing on January 12, 2006, it
was determined that certain park improvements and park land site acquisition identified in
Sections VIII.E. and VIII.F. of Exhibit "A" of the Resolution of Intention to Establish District
the "Parks E and F Improvements"), also described as "Park E" and "Park F," respectively,
will not be owned by the City or any other governmental entity and may not be financed by
the District by the issuance of its tax-exempt bonds-, and
WHEREAS, Section 53325 of the Act permits the City Council to modify the
Resolution of Intention to Establish District by eliminating proposed facilities, if the City
Council makes such modifications at the aforementioned public hearing-, and
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168
WHEREAS, at the public hearing, the City Council adopted a resolution entitled, "A
Resolution of the City Council of the City of Palm Desert Modifying the Resolution of
Intention to Eliminate Certain Facilities From Financing by Proposed City of Palm Desert
Community Facilities District No. 2005-1 (University Park)," which is on file in the office of
the City Clerk of the City and modifies and amends the Resolution of Intention to Establish
District by amending the list of Original Facilities therein to eliminate the School Facilities
and the Parks E and F Improvements (as amended, the "Facilities"); and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters
pertaining to the establishment of the District, to the extent of the District, to the furnishing
of Facilities to serve the District, to the proposed Rate and Method, and to the proposed
debt issues were heard and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the
matters before it and the City Council at the conclusion of the hearing is fully advised as to
all matters relating to the formation of the District, the levy of the special tax, and the
incurrence of bonded indebtedness therein; and
WHEREAS, subsequent to the public hearing, the City Council adopted a
Resolution entitled "A Resolution of Formation of the City Council of the City of Palm
Desert to Establish City of Palm Desert Community Facilities District No. 2005-1
University Park), to Make Environmental Findings With Respect Thereto, to Adopt a
Mitigated Negative Declaration in Connection Therewith, to Establish an Appropriations
Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the
Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified
Electors Thereof' (the "Resolution of Formation"); and
WHEREAS, subsequent to the public hearing, the City Council also adopted a
resolution entitled "A Resolution of the City Council of the City of Palm Desert to Declare
the Necessity to Incur Bonded Indebtedness within City of Palm Desert Community
Facilities District No. 2005-1 (University Park)" which determined the necessity to incur
bonded indebtedness in the maximum principal amount of $70,000,000-1 and
WHEREAS, subsequent to the public hearing, the City Council also adopted a
resolution entitled "A Resolution of the City Council of the City of Palm Desert Calling a
Special Election within City of Palm Desert Community Facilities District No. 2005-1
University Park)" (the "Resolution Calling a Special Election") which called a special
election of the qualified electors of the District; and
WHEREAS, pursuant to the terms of the Resolution Calling a Special Election, an
election was held within the District at which the qualified electors of the District approved
the establishment of an appropriations limit for the District, the incurrence of bonded
indebtedness, and the levy of a special tax within the District; and
WHEREAS, on January 12, 2006, the City Council adopted a resolution entitled "A
Resolution of the City Council of the City of Palm Desert Declaring the Results of a Special
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Election in City of Palm Desert Community Facilities District No. 2005-1 (University Park)
and Directing the Recording of a Notice of Special Tax Lien" (the "Resolution Declaring
Results of Election") which certified the results of the January 12, 2006 election conducted
by the City Clerk, which results showed that more than two-thirds of the votes cast in the
District were in favor of the proposition to establish an appropriations limit for the District,
incur bonded indebtedness and levy the special tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Authorization of Levv of Special Tax. By passage of this Ordinance, the City
Council authorizes the levy of a special tax within the District at the maximum
rates and in accordance with the Rate and Method set forth in Exhibit "B" to
the Resolution of Formation which is on file in the office of the City Clerk and
incorporated herein by reference.
3. Annual Rate Determination. The City Council is hereby further authorized to
determine on or before August 10 of each year, or such other date as is
established by law or by the County Auditor -Controller of the County of
Riverside, the specific special tax to be levied on each parcel of land in the
District, except that the special tax rate to be levied shall not exceed the
maximum rates set forth in the Rate and Method, but the special tax may be
levied at a lower rate.
4. Exemption of Government Property. Properties or entities of the state, federal,
or other local governments shall be exempt from the above -referenced and
approved special tax only to the extent set forth in the Rate and Method, and
otherwise shall be subject to tax consistent with the provisions of Section
53317.3 and 53317.5 of the Act.
5. Use of Collections. All of the collections of the special tax shall be used only
as provided for in the Act and in the Resolution of Formation. The special tax
shall be levied only so long as needed for its purpose as described in the
Resolution of Formation.
6. Collection. The special tax shall be collected in the same manner as ordinary
ad valorem taxes and shall be subject to the same penalties and the same
procedure, sale and lien in any case of delinquency as applicable for ad
valorem property taxes-, provided, however, that the special tax may be
collected by direct billing by the City of the property owners in the District or in
such other manner as may be provided by the City Council. In addition, the
provisions of Section 53356.1 of the Act shall apply to any delinquent Special
Tax payments.
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170
7. Authorization. The specific authorization for adoption of this Ordinance is the
provisions of Section 53340 of the Act.
8. Severablility. If for any reason any portion of this Ordinance is found to be
invalid, or if the special tax is found inapplicable to any particular parcel within
the District, by a Court of competent jurisdiction, that balance of this
Ordinance, and the application of the special tax to the remaining parcels
within the District shall not be affected.
9. Certification. The City Clerk shall certify to the passage of this Ordinance and
cause it to be published or posted in accordance with law.
PASSED, APPROVED AND ADOPTED this th day of 2006, by
the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Jim Ferguson, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
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171
T'
CITY OF PALM DESERT
NOTICE OF INTENT
TO ADOPT A MITIGATED NEGATIVE DECLARATION
DATE: November 8, 2005
TO: Responsible and Trustee Agencies / Interested Organizations and
Individuals
FROM: City of Palm Desert
RE: CFD 2005-1 University Park Environmental Assessment District
The City of Palm Desert (City), in its capacity as the Lead Agency for this project
under the California Environmental Quality Act (CEQA), evaluated the potential
environmental impacts of the above referenced project under CEQA. The City has
determined through the preparation of an Initial Study that although the project has the
potential to result in significant environmental effects, these impacts will not be
significant because the mitigation measures described in the detailed Initial Study have
been added to the project. The Initial Study meets the requirements of the State of
California CEQA, and the State and City Guidelines for the Implementation of CEQA.
A Mitigated Negative Declaration will be prepared.
This notice constitutes a Notice of Intent (NOI) to adopt the aforementioned Mitigated
Negative Declaration.
Project Location / Description:
The project involves the formation of a Community Facilities District to finance public
improvements within a 296-acre vacant site bounded by Portola Avenue, Gerald Ford
Avenue, Cook Street and Frank Sinatra Drive. Improvements generally include streets,
t affic signals, landscaping, water, sewer and storm drain improvements, and park site
land acquisition and improvements.
Other Permits:
Project involves improvements associated with Palm Springs Unified School District
and Coachella Valley Water District.
172
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION
NOVEMBER 8, 2005
Toxic Sites:
No listed toxic sites are present on the project site.
Public Hearing:
The City Council public hearing for this item has been set for December 8, 2005,
beginning at 4:00 p.m. at the Palm Desert City Council Chamber, 73-510 Fred Waring
Drive, Palm Desert, CA 92260.
Public Review:
The Initial Study and related documents are available for public review daily. Members
of the public may view these documents at the Planning Department, 73-510 Fred
Waring Drive, Pafm Desert, CA 92260, and submit written comments at, or prior to,
the City Council hearing.
If anyone challenges the action in court, issues raised may be limited to only those
issues raised at the public hearing described in this notice or in written correspondence
submitted at, or prior to, the City Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard.
Questions regarding this case may be directed to Mr. Phil Drell, City of Palm Desert,
at 1760) 346-061 1 .
Comment Period:
Based on the time limits defined by CEQA, your response should be sent at the earliest
possible date. The public comment period on this project is from November 1 to
December 2, 2005. All comments and any questions should be directed to:
Mr. Phil Drell
Director of Community Development
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
760) 346-0611
2
173
ENVIRONMENTAL CHECKLIST FORM
1 . Project Title:
CFD 2005-1 University Park
2. Lead Agency and Name and Address:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
3. Contact person and Phone Number:
Philip Drell, Director
Department of Community Development
760) 346-061 1 ext. 481
4.Project Location:
Approximately 296 acres of vacant land bounded by Portofa Avenue, Gerald Ford
Drive, Cook Street and Frank Sinatra Drive
5. Project Sponsor's Name and Address:
City of Palm Desert
6.General Plan Designation:
R-L, R-M/R-HO
7. Zoning:
PR-5, PCD
8. Description of Project:
Formation of a Community Facilities District to finance the improvements shown in
attached Exhibit A.
9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings. Attach
additional sheetls) if necessary.!
The project is in the northern area of the city near the I-10/Cook Street Interchange.
It is bounded by the developing Cal State University/UCR campus on the east, Desert
WiHow Goff Resort to the south, single family residential on the west, ancl a gas
station, hotel and vacant mixed use designated property on the north.
10. Other public agencies whose approval is required (e.g,, permits, financing approval, or
participation agreement):
Palm Springs Unified School District
Coachella Vailey Water District
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
J Aesthetics Mandatory Findings of Significance
d Biological Resources d Air Quality
Public Services d Geology/Soils
f Hydrology/Water Quality PopulationlHousing
Recreation Transportation/Traffic
CITY(STANDARD!\SACIJTB\2005\22628.1 PAGE 1 OF 15 FORM "J"
174
DET'ERMINATION(To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE
DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,there will not be a
significant effect in this case because revisions in the project have been made by or agreed to by the pro,yect
proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL
Il1 PACT REPORT is required.
I find that the proposed project MAY have a"potentially significanY' or"poten[ially significant unless mitigated"
impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant
to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL II'ACT REPORT is required,bui it must analyze only the
effects chat remain to be addressed.
I find thai although the proposed project could have a significant effect on the environment,because all potentially
significant effects(a)have been analyzed adequately in an earlier EIlt or NEGATIVE DECLARATION pursuant to
applicable standards, and(b)have been avoided or mitigated pursuant to that earlier EiR or NEGATNE
DECLARATION,including revisipns or mitigation measures that aze imposed upon the proposed project,nothing
further is required.
QS/
Sig ature Dat
t ` r\
inted Na e For
EVALUATION OF ENVIRONMENTAI.IIvIPACTS:
A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A"No Impact" answer is adeguately
supported if the referenced information sources show that the impact simply does not apply to projects like the one
involved(e.g.the project falls outside a fault rupture zone). A"No ImpacY' answer should be explained where it is based
on project-specific factors as well as general standards(e.g.the project will not expose sensitive receptors to pollutants,
based on a project-specific screening analysis).
A11 answers must take account of the whole action involved,including off-site as well as on-site,cumulative as well
as project-level,indirect as well as direct,and construction as well as operational impacts.
Once the lead agency has determined that a pazticular physical impact may occur,then the checklist answers must
indicate whether the impact is potentially significant,less than significant with mitigation,or less than significant.
Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one _..
or more"Potentially Significant Impact" entries when the determination is made,an EIR is required.
Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from"Potentially Significant Impact" to a"Less than Significant Impact."The
lead agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than
significant level(midgation measures from Section XVII,"Earlier Analyses," may be cross-referenced).
CITY(STANDARD)SACV7'B12005 22628.1 Page 2 of 15 FORM"J"
175
Earlier analyses may be used where,pursuant to the tiering,program ETR,or other CEQA process,an effect has been
adequately analyzed in an earlier EIIt or negative declaration. Section 15063(c)(3)(D). In this case,a brief discussion
should identify the following:
a)Earlier Analyses Used. Identify and state where they are available for review.
b)Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an eazlier document pursuant to applicable legal standazds,and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c)Mitigation Measures. For effects that are"Less than Significant with Mitigation Measures
Incorporaterl," describe the mitigation measares which were incorporated or refined from the earlier
document and the extent to which they address site-specific conditions for the project.
Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts
e.g.general plans,Zoning ordinances). Reference to a previously prepared or outside document should,where
appropriate,include a reference to the page or pages where the statement is substantiated.
Supporting Information Sources. A source list should be attached,and other sources used or individuals contacted
should be cited in the discussion.
This is only a suggested form,and lead agencies are free to use different formats;however,lead agencies should
normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format
is selected.
The explanation of each issue should identify:
a)the signi cance criteria or threshold,if any,used to evaluate each question;and
b)the mitigation measure identified, if any,to reduce the impact to less than significance.
SP,MPLE QUESTION
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Irnpact
AESTHETICS. Would the project:
a)Have a substantial adverse effect on
a scenic vista?
b)Substantially damage scenic
resources,including,but not limited
to,tress,rock outcroppings,and
historic buildings within a state
scenic highway?
c)Substantially degrade the existing 0/
visua!character or quality of the site
and its surroundings?
d)Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the
area?
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176
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact jncorporated Impact Impact
I
AGRICUI.TURE RES URCES. In determining
whether impacts to agricultural resources are
significant environmental effects,lead agencies may
refer to the California Agricultural Land Evaluation
and Site Assessment Model(1997)prepared by the
California Dept.of Conservation as an optional model
to use in assessing unpacts on agriculture and
farmland. Would the project:
a)Convert Prime Farmland,Unique r
Fazmland,or Farmland of Statewide L
Imporiance(Farmland),as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the Califomia Resources
Agency,to non-agricultural use?
b)Conflict with existing zoning for
agricultural use,or a Williamson
Act contract?
c}Involve other changes in the existing
environment which,due to their
location or nat re,could result in
conversion of Farmland,to non-
agricultutal use?
t1IR QUALITY. Where available,the
significance criteria established by the applicable air
quality management or air pollution control district
may be relied upon to make the following
determinations. Would the project:
a)Conflict with or obstruct
icnplementation of the applicable air
quality plan?
b)Violate any air quality standard or
contribute substantialty to an
existing or projected air quality
violation?
c Result in a cumulatively
considerable net increase of any
criteria pollutant for which the
projec[region is nonattainment
under an applicable federat or state
ambient air quality standazd
including releasing emissions
which exceed quantitative
thresholds for ozone precursors)?
CIT'Y(STANDARD)1SACUTB12005 22628.1 Page 4 of 15 FORM"T'
177
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
d)Expose sensitive receptors to
substantial pollutant concentrations?
e)Create objectionable odors affecting
a substantial number of people?
BIOLOGICAL RFSOURCES. Would the
project:
a)Have a substantial adverse effect, a/
either duectly or through habitat
modifications,on any species
identified as a candidate,sensitive,
or special status species in local or
regional plans,policies,or
regulations,or by the California
Department of Fish and Game or
U.S.Fish and Wildlife Service?
b)Have a substantial adverse effect on
any riparian habitat or other
sensitive natural community
identified in local or regional plans,
policies,regulations or by the
Califomia Depaztment of Fish and
Game or U.S.Fish and Wildlife
Service?
c)Have a substantial adverse effect on v
federaily protected wetlands as
defined by Section 404 of the Clean
Water Act('vncluding,bu1 not
limited to,marsh,vernal pool,
coastal,etc.)through direct removal,
filling,hydrological interruption,or
other means?
d)Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors,or
impede the use of native wildlife
nursery sites?
e)Conflict with any local policies or
ordinances protecting biological
resources,such as a tree
preservation policy or ordinance?
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan,or other approved local,
regional,or state habitat
conservation plan?
CiJLTURAI_RESOURCFS. Would the project
a)Cause a substantial adverse change d
in the significance of a historicat
resource as defined in§ 15064.5?
b)Cause a substantial adverse change
in the significance of an
archaeological resource pursuant to
15064.5?
c)Directly or indirectly destroy a
unique paleon[ological resource or
site or unique geologic feature?
d) Distarb any human remains,
including those interred outside of
formal cemeteries7
GEOLOGY AND SOILS. Would the praject:
a)Expose people or structures to d
potential substantial adverse effects,
including the risk of loss,injury or
death involving:
i)Rupture of a known earthquake
fault,as delineated on the most
recent Alquist-Priolo Earthyuake
Fault Zoning Map issued by the
State Geologist for the area or based
on other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
ii) Stcong seismic ground shaking?
iii) Seismic-related ground failure,
including liquefaction?
iv) Iandslides?
b) Result in substantial soil erosion or
the loss of topsoil?
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
c)Be located on a geologic unit or suil
that is unstable,or that would
become unstable as a result of the
project,and potentially result in on-
or off-site landslide,lateral
spreading,subsidence,liquefaction
or collapse?
d)Be located on expansive soil,as
defined in Table 18 1 B of the
Uniform Building Code(1994),
creating substantial risks to life or
property?
e)Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers aze not
available for the disposal of waste
water?
HAZARDS AND HA7.,ARDOUS MATERIALS.
Would the project:
a)Create a signi icant hazard to the
public or the environment through
the roudne transport,use,or
disposal of hazazdous materials?
b)Create a significant hazard to the
public or the environment through
reasonably foreseeable upsetand
accident conditions involving the
release of hazazdous materials into
the environment?
c)Emit hazardous emissions or handle
hazardous or acutely hazardous
materials,substances,or waste
within one-quarter mile of an
existing or proposed school?
d) Be located on a site which is
included on a list of hazardous
materials sites compiied pursuant to
Government Code section 65962.5
and,as a result,would it create a
significant hazazd to the public or
the environment?
CTCY(STANDARD)\SAGUTB 2005 22628.1 Page 7 of 15 FORM"J"
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Less Than
5ignificant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e)For a project located within an
airport land use plan or,where such
a plan has not been adopted,within
two miles of a public airport or
public use airport,would the project
result in a safety hazard for people
residing or working in the project
area?
For a project within the vicinity of a
private airstrip,would the project
result in a safety hazard for people
residing or working in the project
azea?
g)Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
h)Expose people or structures to a
significant risk of loss,injury or
death involving wildland fires,
including where wildlands aze
adjacenEto urbanized areas or where
residences are intermixed with
wildlands?
HYDROLOGY AND WATER QUALITY.
Would d e,project:
a)Violate any water quality standards
or waste discharge tequirements?
b)Substaniially deplete gxoundwater
supplies or interfere substantially
with groundwater recharge such that
there would be a net deficit in
aquifer volume or a lowering of the
1oca1 groundwater table level(e.g.,
the production rate of pr existing
nearby wells would drop to a level
which would not support existing
land uses or planned uses for which
permits have been granted)?
c Substantially alter the existing
drainage pattem of the site or area,
including through the alteration of
the course of a stream or river,in a
manner which would result in
substantial erosion or siltation on-or
off-site?
C[i'Y(STANDARD).SACIITB 2005 22628.1 Page 8 of 15 FORM"J"
181
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incoiporated Impact Impact
d)Substantially alter the existing
drainage pattern of the site or area>
including through the alteration of
the course of a stream or river,or
substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on-or off-site?
e)Create or contribute runoff water
which would exceed the capacity of
existing or planned storm water
drainage systems or provide
substantial additional sources of
polluted runoff?
fl Otherwise substantially degade
water quality?
g) Place housing within a 100-year
flood hazard azea as mapped on a
federal Flood Hazard Boundary or
Flood Insurance Rate Map or other
flood hazard del'vneation map?
h) Place witliin a 100-year flood hazard
azea structures which would impede
or redirect flood flows?
i)Expose people or structures to a
significantrisk of loss,injury or
death involving flooding,including
flooding as a result of the failure of
a levee or dam?
j)Expose people or structures to
inundation by seiche,GSl1I1Sn11,or
mudflow?
LAND USE AND PLANNING. Would the
project:
a)Physically divide an established
community?
CPi'Y(STANDARD)ISACUTB 2005 22628.1 Page 9 of 15 FORM"J"
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Less Than
Significant
Potendally With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
b) Conflict with any applicable land
use plan,policy,or regulation of an
agency with jurisdiction over the
project(including,but not limited
to the general plan,specific plan,
local coastal program,or zoning
ordinance)adopted for the purpose
of avoiding or mitigating an
environmental effect?
c)Conflict with any applicable habitat
conservation plan or natural
community conservation plan?
MINERAL RF.SOURCES. Would the project:
a)Result in the loss of availability of a Q/
known mineral resource that would
be of value to the region and the
residents of the state?
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan,specific plan or other
land use plan?
NOISE. Would the project result in:
a)Exposure of persons to or generation
of noise levels in excess of
standazds established in the local
general plan or noise ordinance,or
applicable standards of other
agencies?
b) Exposure of persons to or generation
of excessive groundbome vibration
or groundbome noise levels?
c)A substantial permanent increase in
ambient noise levels in the project
vicinity above levels existing
without the project?
d)A substantial temporary or periodic
increase in ambient noise levels in
the project vicinity above levels
existing without the project?
C[CY(STANDARD)1SACIJTB 2005 22628.1 Page 10 of 15 FORM"J"
183
Less Than
Significant
Potentially With Less Than
Signi cant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e)For a project located within an
airport land use plan or,where such
a plan has not been adopted,within
two miles of a public airport or
public use airport, would the project
expose people residing or working
in the project area to excessive noise
levels?
For a project within the vicinity of a
private airstrip,would the project
expose people residing or working
in the project area to excessive noise
levels?
POPiJL.ATION AND HOUSING. Would the
project:
a)Induce substantial population
growth in an area,either directly
for example,by proposing new
homes and businesses)or indirectly
for example,through extension of
road or other infrastructure)?
b)Displace substantial numbers of
existing housing,necessitating the
construction of replacement housing
elsewhere?
c)Displace substantial numbers of
people,necessitating the
construction of replacement housing
elsewhere?
PUBLIC SERVICES. Would the project:
a)Result in substantial adverse
physical impacts associated with the
provision of new or physically
altered governmental facilities,need
for new or physically altered
governmenial facilities,the
construction of which could cause
significant environmental impacts,
in order to maintain acceptable
service ratios,response times or
other performance objecdves for
any of the public services:
Fire protection?
C1TY(STANDARD)SACUTB12005 22628.1 Page 11 of 15 FORM"I"
184
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
Police protection?
Schools?
P ks a o
Other public facilities?
RECREATION. Would the project:
a)Increase the use of existing
neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of
the facility would occur or be
accelerated?
b) Does the project include recreational
facilities or require the construction
or expansion of recreational
facilities which have an adverse
physical effect on the environment?
TRANSPORTATION/TIZAFI C. Would the
project:
a)Cause an increase in traffic which is 0/
substantial in relation to the existing
traff'ic load and capacity of the street
system(i.e.,result in a substantial
increase in either the number of
vehicle trips,the volume to capacity
ratio on roads,or congestion at
intersections)?
b) Exceed,either individually or
cumulatively,a level of service
standard established by the county
congestion management agency for
designated roads or higl ways?
c)Result in a change in air traffic
pattems,including either an increase
in traffic levels or a change in
location that results in substantial
safety risks?
d) Substantially increase hazards due
to a design feature(e.g.,sharp
curves or dangerous intersecdons)
or incompatible uses(e.g.,farm
equipment)?
C1TY(STANDARD)SACUT6 2005 22628.1 Page 12 of 15 FORM"J"
185
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e)Result in inadequate emergency
access?
fl Result in inadequate pazking
capacity?
g)Conflict with adopted policies,
plans,or programs supporting
alternative transportation(e.g.,bus
turnouts,bicycle racks)?
UTII.TTIES AND SERVICE SYSTEMS. Would
the project:
a)Exceed wastewater treatment
requirements of the applicable
Regional Water Quality Control
Board?
b)Require or result in the construction
of new water or wastewater
treatment facili[ies or expansion of
existing facilities,the canstruction
of which could cause signif'icant
environmental effects?
c)Require or result in the construction
of new storm water drainage
facilities or expansion of existing
facilities,the construction of which
could cause signif'icant
environmental effects?
d) Have sufficient water supplies
available to serve the project from
existing entitlements and resources,
or are new or expanded entiflements
needed? In making this
determination,the City shall
consider whether the project is
subject to the water supply
assessment requirements of Water
Code Section 10910,et'sea.(SB
6l0),and the requirements of
Government Code 5ection 664737
SB 221).
CITY(STANDARD SAC\1TB 2005 22628.1 Page 13 of 15 FORM"J"
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e)Resuit in a determination by the
wastewater treatment provider
which serves or may serve the
project that it has adequate capacity
to serve the projecYs projected
demand in addition to the provider's
existing commitments?
fl Be served by a landf Il with
sufficient permitted capacity to
accommodate the projecYs solid
waste disposal needs?
g)Comply with federal,state, and local
statutes and regulations related to
solid waste?
MANDATORY FTNDINGS OF SIGNIFICANCE
a)Does the project have the potential
to substantially degrade the quality
of the environment,substantially
reduce the habitat of a fish or
wildlife species;cause a fish or
wildlife population to drop below
self-sustaining levels;threaten to
eliminate a plant or animal
community;substantially reduce the
number or restrict the range of an
endangered,rare or threatened
species;or eliminate impottant
examples of the major periods of
California history or prehistory?
b)Does the project have the potential
to achieve short-term environmental
goals to the disadvantage of long-
term environmental goals?
c)Does the project have impacts that
are individually limited,but
cumulatively considerable?
Cumulatively considerable"means
that the incremental effects of a
project are considerable when
viewed in connection with the
effects of past projects,the effects of
other current projects,and the
effects of probable future projects.)
C[TY(STANDARD)SACVTB12005122628.1 Page 14 of 15 FORM"J"
187
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Lmpact Impact
d)Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either d'uectly or ind'uectly?
Ci'Tl'(STANDARD)SACIlTB 2005 22628.1 Page 15 of 15 FORM"J"
188
EXHIBIT "A"
DESCRIPTION OF FACILITIES
The public facilities (the "Facilities") described below are proposed to be financed by City of
Palm Desert Community Facilities District No. 2005-1 (University Park) (the "District') and
include a pedestrian bridge, traffic signals, landscaping, street improvements, water
improvements, sewer improvements, storm drain improvements, utility improvements, public art
improvements, school facility improvements, park improvements, and park site land acquisition,
together with all appurtenances and appurtenant work, such as related clearing and grubbing,
grading, and any removal or temporary signage or markings related thereto. The cost of the
Facilities shall include incidental expenses, including costs associated with forming the District,
issuance of bonds, determination of the amount of the Special Tax, collection of the Special Tax,
payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the
District, and the costs of engineering, inspecting, coordinating, completing, planning and,
designing the Facilities, including the costs of environmental evaluations.
The Facilities include, but shall not be limited to, the facilities listed below, and other facilities of
the same type or types may be substituted in the place of one or more of the specific facilities
listed below. Any of the Facilities to be constructed shall be constructed, whether or not
acquired in their completed states, pursuant to plans and specifications approved by the City of
Palm Desert(or the Coachella Valley Water District, or Palm Springs Unified School District, as
applicable) and the officials thereof, including the City Engineer. .The final nature and location
of the Facilities will be determined upon the preparation of final plans and specifications for such
Facilities. The Facilities may include facilities financed pursuant to public agency development
impact fees.
I.Cook Street Pedestrian Brid e (including, but not limited to bridge, ADA access raxnps,
elevator, retaining walls, hand railing, pedestrian lighting, revised sidewalks and minor
grading)
II.• Street Itnprovements (including,but not limited to, street widening, excavation, signing
and striping, access ramps, grading, median and parkway landscaping, curbs and gutters,
sidewalks, street lights, dry utility infrastructure,bus stops, fringe toed lizard fee and.City
fees)
A. Frank Sinatra Drive: from West of Cook Street to College Drive
B. Cook Street: from Frank Sinatra Drive to Gerald Ford Drive
C. Portola Avenue: from College Drive to Gerald Ford Drive
D. Southern half of Gerald Ford Drive: from Portola Avenue to Cook Street
E. University Park Drive: from College Drive to Cook Street
F. Technology Drive: from College Drive to Gerald Ford Drive
G. Pacific Avenue: from College Drive to Gerald Ford Drive
H. College Drive: from Portola Avenue to Frank Sinatra Drive
A-1
P6401-1032/817418.9
189
III. Water Improvements
A. University Park llrive: trom West intersection College Drive to East intersection
College Drive
B. Technology Drive: from College Drive to Gerald Ford Drive
C. Pacific Avenue: from College Drive to Gerald Ford Drive
D. College Drive: from Portola Avenue to Frank Sinatra Drive
E. Well Sites (including land acquisition and improvements) to be located at four
sites to be determined by the Coachella Valley Water District concurrently with
land plan, final tentative map(s), or similar document(s) (as appropriate) to be
approved by the City's Planning Coinmission and City Council. The tentatively
approved locations of the well sites are as follows:
1. Adjacent to Gerald Ford Drive between Pacific Avenue and Technology
Drive;
2. Northeast corner of College Drive and Portola Avenue;
3. Adjacent to University Park Drive close to the westem intersection with
College Drive; and
4. Adjacent to College Drive South of University Park Drive
IV. Traffic Si i als
A. The intersection of Cook Street/Gerald Ford(modified)
B. The intersection of Cook Street/IJniversity Park Drive (modified)
C. The intersection of Frank Sinatra Drive/College Drive
D. The intersection of Portola Avenue/College Drive
E. Signals to be located on the south side of the intersection of Gerald Ford
Drive/Pacific Avenue
F.Signals to be located on the south side of the intersection of Gerald Ford
Drive/Technology Drive
G. Signals to be located on the south side of the intersection of Gerald Ford
Drive/Portola Avenue (cost participation only)
V. Sewer Improvements
A. Technology Drive: from College Drive to Gerald Ford Drive
B. Pacific Avenue: from College Drive to Gerald Ford Drive
C. College Drive: from the West intersection University Park Drive to Technology
Drive to North of Frank Sinatra Drive
D. University Park Drive: from West intersection College Drive to Southwest of
West intersection of College Drive and West of the East intersection College
Drive to the East intersection College Drive
VI. Storm Drain Improvements
A. Pacific Avenue: Catch basins and interim-condition retention basins on the east
and west sides of Pacific, adjacent to Gerald Ford Drive
A-2
P6401-1032/817418.9
190
B. College Drive: Catch basins and interim-condition retention basin on the
southwest corner of College Drive and University Park Drive (west intersection);
catch basins on the east and west sides of the intersection with Technology Drive
and a permanent retention basin along Technology Drive; and a catch basin and
interim-condition retention basin on the east side of College Drive south of the
east intersection with University Park Drive
C. University Park Drive: Catch basins on the east and west sides of University Park
Drive at the west intersection with College Drive and an interim-condition
retention basin in the southwestern corner of the.intersection; catch basins on the
north and south sides of University Park Drive and an interim-condition retention
basin in the northwest quadrant of the east intersection of College Drive and
University Park Drive; and, s indicated above under VI.B., a catch basin and
interim-condition retention basin on the south side of University Park Drive, west
of Cook Street
D. Technology Drive: Catch basins on the east and west sides of Technology.Drive
and an interim-condition retention basin west of Technology Drive and south of
Gerald Ford Drive
E. Gerald Ford Drive: Catch basin and interim-condition retention basin between
Pacific and Technology Drive on the south side of Gerald Ford Drive; as
indicated above under VI.A., catch basin and interim-condition retention basin on
the south side of Gerald Ford Drive west of Pacific Avenue; and, as indicated
above under VI.D., catch basin and interim-condition retention basin west of
Technology Drive
F.Cook Street: As indicated above under VI.B., catch basin and interim-condition
retention basin south of University Park Drive, west side of Cook Street
VII. Utilities Improvements
A. Frank Sinatra Drive: from West of Cook Street to College Drive
B. University Pazk Drive: from West intersection College Drive to Cook Street
C. Technology Drive: from College Drive to Gerald Ford Drive
D. Pacific Avenue: from College Drive to Gerald Ford Drive
E. College Drive: from Portola Avenue to Frarilc Sinatra Drive
F.Southern half of Gerald Ford Drive: from Technology Drive to Pacific Avenue
VIII. Park Improvements and Park Site Land Acquisition(including, but not limited to, site
development, lighting and landscaping improvements, restroom facilities, age-appropriate
tot lots, sand volleyball and basketball facilities, picnic pavilions, greenspace (including
without limitation greenspace large enough for sports activities), shade struciures,
walking paths, water spray features, dog park improvements, and parking improvernents)
A. Park A (approximately 2 acres)—Generally surrounded by Portola Avenue,
College Drive, Pacific Avenue and Gerald Ford Drive
B. Park B (approximately 4.5 acres)—Generally surrounded by Gerald Ford Drive,
Pacific Avenue, College Drive and to the west of the intersection of College Drive
and University Park Drive
A-3
P6401-l 032l817418.9
191
C. Park C (approximately 2.3 acres)— Located in the southwest corner of the west
intersection of University Park Drive and College Drive
D. Park D (approximately 2.8 acres)—Generally surrounded by College Drive and
University Park Drive
E. Park E (approximately 0.7 acres)— Located in the southwest corner of Pacific
Avenue and Gerald Ford Drive
F.Park F(approximately 0.6 acres)— Located in the southeast corner of Pacific
Avenue and Gerald Ford Drive
IX. Landscaping(includes all planting, imgation, trees, and necessary hardscape/rocking)
A. All street median areas as well as parkways areas (listed under Section II)
between the back of curb and gutter and street right of way(excluding the
sidewalk) will be landscaped.
A-4
P6401-1032/817418.9
192
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193
ENVIRONMENTAL CHECKLIST DISCUSSION
CFD 2005-1 UNIVERSITY PARK
GENERAL COMMENTS
The public improvements identified in the project description attached hereto as
Exhibit A, along with the future commercial and residential projects that will be
served by those improvements, were substantially identified and discussed in the
General Plan and Environmental Impact Report (SCH #2003051103). Many of
the mitigation measures identified in the General Plan Final EIR, which is hereby
incorporated by reference in its entirety, will be applicable to the Project and
future associated developments. Attached are excerpts from the EIR identifying
all mitigation measures and mitigation monitoring/reporting programs adopted
with the General Plan.
1. AESTHETICS
The project site elevation falls southwest to northeast by approximately 80
feet. The combination of grading design, landscaping and low profile
architecture for future development will preserve views of the regions
scenic mountains from surrounding properties. The Project will involve
installation of street lighting and incidental lighting associated with future
residential and commercial development.
MITIGATION
Mitigation Measure AES-1. The lighting funded and constructed by this
Project shall comply with the City's Municipal Code Chapter 24.16
regulations regarding lighting levels and horizontal and vertical light
trespass.
2. AGRICULTURAL RESOURCES
The Project site does not contain any agricultural resources, therefore
significant impacts will occur.
3. AIR QUALITY
The undeveloped site is currently covered by large sand dunes which, in
conjunction with other such landforms located in the general area, are the
primary source of blow sand contributing to periodic violations of PM10
standards in the area. Construction activities associated with installation
of the improvements to be funded and constructed through the Project
have the potential to increase the amount of blow sand and PM10. The
strict compliance with the City's Fugitive Dust Ordinance Chapter 24.12
194
INITIAL STUDY ENVIRONMENTAL CHECKLIST DISCUSSION
CFD 2005-1 UNIVERSITY PARK
and the 2002 Coacheila Valley State Implementation Plan prepared by
AQMD during construction and the ultimate stabilization of the sand dunes
resulting from future development will reduce potential impacts on the site
and areas downwind. Further, upon completion of the future
developments planned for the area, increases in landscaped and
otherwise covered ground will reduce the amount of blow sand generated
by winds over the site. The potential impact of construction of the
improvements contemplated by the Project can be mitigated to a less than
significant level by adherence to the following mitigation.
MITIGATION
Mitigation Measure AQ-1. During stabilization of the sand dunes and
construction activity, all contractors shall comply with the City's Fugitive
Dust Control Ordinance, set forth in Chapter 24.12 of the Municipal Code
and the 2002 Coachella State Implementation Plan prepared by the Air
Quality Management District.
4. BIOLOGICAL RESOURCES
The project site is within the development fee area designated by the
Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan and HCP
designed to protect critical sand dune habitat for the Fringe-Toed Lizard
and associated dune flora and fauna. The General Plan EIR
acknowledges that, in 1985, ten Coachella Valley cities, including the City
of Palm Desert, adopted the Coachella Valley Fringe-toed Lizard Habitat
Conservation Plan (HCP), which established a preserve for the species of
approximately 18,038 acres. (General Plan EIR at p. III, 105-106.)
Further, the biological study completed for the General Plan concludes
that "[s]and sheets, dunes and hummocks within the boundaries of the
Coachella Valley fringe-toed lizard Habitat Conservation Plan do not need
surveys to detect the presence of the fringe-toed lizard." And that
payment of the mitigation fee of $600/acre will satisfy requirements of the
federal Habitat Conservation Plan." (Palm Desert General Plan Update
Biological Report, Lawrence F. Lapre, PhD, June 29, 2001, at p. 23.)
MITIGATION
Mitigation Measure BIO-1. The $600.00 per acre mitigation fee required
by the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan
shall be paid before lands to which the fee applies are disturbed.
5. CULTURAL RESOURCES
The project site is located on a large, dry sand dune ridge, and the site
contains no evidence of cultural resources. Based on the Palm Desert
2
195
INITIAL STUDY ENVIRONMENTAL CHECKLIST DISCUSSION
CFD 2005-1 UNIVERSiTY PARK
General Plan EIR cultural resources survey, the area is not within areas
designated as "high sensitivity for prehistoric or archaeological resources"
or "reiativefy high sensitivity for historic structures or archaeological
resources from pre-1940 era." (See General Plan Draft EIR, Exhibit III-
14.) Therefore, no significant impacts in this regard are expected.
6. GEOLOGY AND SOILS
The project site is four miles from the San Andreas fault, therefore, like all
other property in the region, it is subject to the potential for ground
shaking. The General Plan EIR identifies the site as low risk for
liquefaction. (See General Plan EIR, Exhibit III-10.) Compliance with
mitigation measures set for in the General Plan will mitigate any impacts
to less than significant levels.
MITIGATION
Mitigation Measure GEO-1. The proposed Project and future
development will comply with the City's grading and building codes and
implement the following mitigation measures listed in the General Plan
EIR as applicable to the Project or components thereof:
A. The City shall establish and maintain an information database
containing maps and other information which describe seismic and
other geotechnical hazards occurring within the City boundaries,
sphere-of-influence and planning area.
B. Proper structural engineering, which takes into account the forces
that will be applied to structures by anticipated ground motions,
shall provide mitigation for ground shaking hazards. Seismic
design shall be in accordance with the most recently adopted
editions of the Uniform Building Code and/or International Building
Code, and the seismic design parameters of the Structural
Engineers' Association of California.
C. Proposals for development on wind or stream-deposited sediment
on the valley floor shall include site-specific subsurface
geotechnical investigations that address settlement, liquefaction,
and collapsible soils. These hazards can generally be mitigated by
proper excavation, compaction and foundation design.
D. The City shall continue to require expansive soils testing as part of
its grading and building codes, and shall assure the implementation
of mitigation measures which minimize these hazards, such as the
use of reinforcing steel in foundations, drainage control devices,
overexcavation and backfilling with non-expansive soils.
3
196
INITIAL STUDY ENVIRONMENTAL CHECKLIST DISCUSSION
CFD 2005-1 UNIVERSITY PARK
E. The City shall continue to support and encourage locai and regional
groundwater conservation measures in an effort to mitigate .
potential subsidence resulting from groundwater overdraft (see also
Water Resources discussion in Section III-F).
F. All grading permit requests shall include a PM10 Management Plan
in conformance with the latest approved Coachella Valley PM10
requirements in place at the time constru tion occurs. Blowing dust
and sand during grading operations shall be mitigated by adequate
watering of soils prior to and during grading, and limiting the area of
dry, exposed soils during grading (see also Air Quality discussion in
Section III-H).
G. Where development is proposed adjacent to or in close proximity to
steep slopes, site-specifc geotechnical studies shall be conducted
to evaluate the potential for rock falls and/or slope failure, and to
establish mitigation measures which minimize these hazards.
H-1. All development proposed within Alquist-Priolo Earthquake Zones
shall comply with State requirements for site-specific study,
including trenching to locate fault traces, and to submit this analysis
prior to any development approval for the property.
H-2. During site grading, all existing vegetation and debris shall be
removed from areas that are to receive compacted fill. Any trees to
be removed shall have a minimum of 95% of the root systems
extracted. Man-made objects shall be overexcavated and exported
from the site. Removal of unsuitable materials may require
excavation to depths ranging from 2 to 4 feet or more below the
existing site grade.
I.All fill soil, whether on site or imported, shall be approved by the
individual project soils engineer prior to placement as compaction
fill. All fill soil shall be free from vegetation, organic material,
cobbles and boulders greater than 6 inches in diameter, and other
debris. Approved soil shall be placed in horizontal lifts of
appropriate thickness as prescribed by the soils engineer and
watered or aerated as necessary to obtain near-optimum moisture
content.
J.Fill materials shall be completely and uniformly compacted to not
less than 90% of the laboratory maximum density as determined by
ASTM test method D-1557-78. The project soils engineer shall
observe the placement of fill and take sufficient tests to verify the
moisture content, uniformity, and degree of compaction obtained.
In-place soil density should be determined by the sand-cone
4
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INITIAL STUDY ENVIRONMENTAL CHECKLIST DtSCUSSION
CFD 2005-1 UNIVERSITY PARK
method, in accordance with ASTM Test Method D-1556-64 (74), or
equivalent test method acceptable to the City Building and Safety . .
Department.
K. Finish cut slopes generally shall not be inclined steeper than 2:1
horizontal to vertical). Attempts to excavate near-vertical
temporary cuts for retaining walls or utility installations in excess of
5 feet may result in gross failure of the cut and may possibly
damage equipment and injure workers. All cut slopes must be
inspected during grading to provide additional recommendations for
safe construction.
L.Finish fill slopes shall not be inclined steeper than 2:1 (horizontal to
vertical). Fill slope surfaces shall be compacted to 90% of the
laboratory maximum density by either over-filling and cutting back
to expose a compacted core or by approved mechanical methods.
M. Foundation systems that utilize continuous and spread footings are
recommended for the support of one and two-story structures.
Foundations for higher structures must be evaluated based on
structure design and on-site soif conditions.
N. Positive site drainage shall be established during finish grading.
Finish lot grading shall include a minimum positive gradient of 2%
away from structures for a minimum distance of three (3) feet and a
minimum gradient of 1°!a to the street or other approved drainage
course.
O. An adequate subdrain system shall be constructed behind and at
the base of all retaining walls to allow for adequate drainage and to
prevent excessive hydrostatic pressure.
P. Utility trench excavations in slope areas or within the zone of
influence of structures should be properly backfilled in accordance
with the following recommendations:
i. Pipes shall be bedded with a minimum of 6 inches of pea
gravel or approved granular soil. Similar material shall be
used to provide a cover of at least 1 foot over the pipe. This
backfill shall then be uniformly compacted by mechanical
means or jetted to a firm and unyielding condition.
ii.Remaining backfill may be fine-grained soil. It shall be
placed in lifts not exceeding 6 inches in thickness or as
determined appropriate, watered or aerated to near optimum
5
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INITIAL STUDY ENVIRONMENTAL CHECKLIST DISCUSSION
CFD 2005-1 UNIVERSITY PARK
moisture content, and mechanically compacted to a
minimum of 90% of the laboratory maximum density.
Q. Pipes in trenches within 5 feet of the top of slopes or on the face of
slopes shall be bedded and backfilled with pea gravel or approved
granular soils as described above. The remainder of the trench
backfill comprise typical on-site fill soil mechanically compacted as
described in the previous paragraph.
8.HAZARDS AND HAZARDOUS MATERIALS
The Project site is vacant land, and there is no evidence to suggest that
hazardous materials are or have been present on the site. Further, the
types of uses contemplated for the site, and specifically the improvements
to be undertaken by the Project, do not have the potential to have any
significant impacts in this regard.
9. HYDROLOGY AND WATER QUALITY
The Project will result in, and enable, creation of impervious surfaces and
which would reduce the amount of percolation and change the site's
drainage conditions. The Project envisions the construction of a number
of drainage improvements so that the drainage needs of future
development of the site are met. The Project contemplates construction of
drainage facilities and retention basins that will accommodate a 100-year
storm. Because the Project involves these drainage improvements that
will accommodate future service needs, no significant impact will result,
and there is no need for further mitigation.
10. LAND USE PLANNING
The Project's improvements, as well as the future residential/commercial
uses which they will serve, are consistent with the goals and policies of
the General Plan, and will assist in the General Plan's implementation.
11. MINERAL RESOURCES
There are no known mineral resources in the vicinity of the Project,
therefore no significant impact is expected to occur.
12. NOISE
The improvements contemplated by the Project are generally not noise
producing, and therefore, no significant impacts are expected in that
respect. Construction activities associated with the improvements will
generate noise, but due to the general lack of sensitive receptors in the
6
199
INITIAL STUDY ENVIRONMENTAL CHECKLIST DISCUSSION
CFD 2005-1 UNIVERSITY PARK
area, and the fact that construction noise wilf be temporary, the impacts
will not be significant.
13. POPULATION AND HOUSING
The Project improvements are designed to serve a mix of residential and
commercial uses which will help balance employment and housing
demands in the University Park area. Further, the improvements will
enable growth and development consistent with the General Plan for the
area. Therefore, the growth accommodated by the improvements has
already been accounted for in regional models that rely on the City's
General Plan, and no impacts beyond those already considered by the
General Plan EIR will occur.
14. PUBLIC SERVICES
The future development served by the project will incrementally increase
demand on public services, however many of the improvements
contemplated by the Project are being undertaken to ensure that adequate
service levels will exist for the development. Further, the current system
of mitigation fees, including fire facility, school, park, child care,
transportation, drainage, etc., in addition to general fund and
Redevelopment Agency revenues, are adequate to maintain the current
level of public services without significant environmental impacts.
15. RECREATION
Future residential development that will be served by the Project
improvements will increase public recreation demand. However, the
improvements include a number of recreational facilities that will serve
these future residents as well as customers and employees at the
commercial and other non-residential land uses.
MITIGATION
Mitigation Measure REC-1. Construction of four neighborhood parks
totaling approximately 11.6 acres, as contemplated in the General Plan
goal of five acres per 1,000 projected population, will address potential
impacts of the future development enabled through the Project
I mprovements.
16. TRANSPORTATION/TRAFFIC
Commercial and residential development facilitated by the project will
generate significant new vehicle trips onto the regional system, however
many of the improvements contemplated by the Project are being
7
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INITIAL STUDY ENVIRONMENTAL CHECKLIST DISCUSSION
CFD 2005-1 UNIVERSITY PARK
undertaken to ensure that adequate service levels will exist for the future
development. The Project includes the completion of all necessary
long-term General Plan Circulation Element street improvements to insure
that traffic is distributed in a safe and efficient manner with Level of
Service D or better as specified in the General Plan EIR. Further, the
future development has the potential to impact regional transportation
systems. However, those impacts will be mitigated to less than significant
impacts through payment of the Transportafion Uniform Mitigation Fee
TUMF).
During constn.ction of the improvements contemplated by the Project,
there is the potential for short term impacts to transportation and traffic
due to street closure needs, including the potential for detours. This short
term impact will be mitigated to less than significance through preparation
of street closure and traffic plans which shall be reviewed and approved
by the City's Public Works Department prior to commencement of any
activities within the a public right-of-way.
MITIGATION
Mitigation Measure TRANS-1. Future development shall pay
Transportation Uniform Mitigation Fee (TUMF) as required by that
program to mitigate project impacts throughout the region.
Mitigation Measure TRANS-2. Prior to commencement of any
improvement project within a public right-of-way, a traffic control and
safety plan shall be prepared and submitted to the City's Public Works
Department fo review and approval. The traffic control and safety plan
shall strive to enable efficient circulation in the vicinity of the Project to the
extent possible.
17. UTILITIES
The future development served by the project will incrementally increase
demand on some utility services, however many of the improvements
contemplated by the Project are being undertaken to ensure that adequate
service levels will exist for the development. Further, the applicants for
future development will pay the necessary connection and service fees
which will offset demand impacts.
18. MANDATORY FINDINGS OF SIGNIFICANCE
A. The improvement Project has the potential to degrade habitat for
the Fringe-toed lizard, however, through mitigation fees that .fund
and establishment and maintenance of a permanent preserve
through and approved Habitat Conservation Plan, the does not rise
8 201
A
INITIAL STUDY ENVIRONMENTAL CHECKL{ST DISCUSSI N
CFD 2005-1 UNIVERSITY PARK
to the fevel of significance. Further, the improvements associated
with the Project do not have the potential to substantially degrade
the environment, substantially reduce the habitat of a fish or wildfife
species or cause such species to drop below self-sustaining levels.
For the reasons stated above there is no evidence in support of
finding this significance threshold met for this Project.
B. The Project will assist in implementation of the City's long-term
General Plan for the area, therefore, the Project does not achieve
short-term goals to the detriment of long term goals.
C. The improvements proposed by the Project, when considered in
conjunction with the future planned development, wi{I not have a
cumulatively significant effect.The Project and future
developments are consistent with the General Plan which
contemplates this growth. Therefore, the impacts of the Project
have already been contemplated by the City's General Plan, as well
as the regional plans which rely on the projections of the General
Plan, such as transportation plans and air quality plans.
Cumulative impacts of this Project together with other projects, will
not be cumulatively significant.
9
202
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Land IIse Compatibility Mitigation Measures i
TNlCity of Palm Desert
Draft General Plan EIR
Section I I-Existing Conditions,Impacts and Mitigation Measures
Summary of Impacts
Impacts to the City of Palm Desert and adjacent land uses associated with the adoption and
implementation of the proposed General Plan are not anticipated to be significant. The proposed land i
use plan incorporates a mix of land uses thoughtfully developed to be compatible with one another and
with the surrounding environment. Spatial organization of the lands within the General Plan study area j
involved logical transition of adjoining residential densities from areas of lower to higher densities. The Iproposedlanduseplanrecognizestheneedtoinsulatesensitivelanduses (residences, schools, etc.)
from areas of transportation noise by establishing a buffer of less se sitive uses, such as the business iparkbufferbetweenresidentialareasandtheInterstate-10/Llnion Pacific comdor. High-density
residential areas occur in close proximity to commercial developments and major roads for convenient
transportation access. The University Park planning area provides complimentary land uses located
close to commercial and business park development that can provide convenient shopping and
employment opportunities, but buffer local residents from noise and traffic associated with nearby
arterial roads and the Union Pacific Railroad. The Plan is also responsive to the need to preserve the
Santa Rosa Mountains and other conservation areas as undeveloped open spaces.
I
In general, the proposed General Plan will increase the number of housing units in the City, by
providing additional lands for high and medium residential density development. The housing increase
is expected to be primarily generated in the University Park planning area. The proposed General Plan I
also demonstrates increases in industrial, open space, and public/quasi-public acreages and shows a
reduction in commercial acreages.
I
T'he proposed General Plan constitutes a considerable increase in the number of housing structures in the
planning area. Additional homes will result from conversion of Open Space-Rural (1 du/40 acre),under
the existing General Plan, to Desert Estates (1 du/10 acre) in the proposed General Plan. Other
residential increases will result from proposed lands for medium to high density development,primarily j `;
located north of the I-10 freeway. The proposed General Plan also results in the decrease of commercial,
industrial and open space acreages. However,it will slightly increase public/quasi-public acreages.
3. Mitigation Measures
i
i
No significant land use incompatibilities are anticipated to result from the adoption and implementation i
of the proposed Palm Desert General Plan, and mitigation measures are not necessary to address this
iareaofconcern. The General Plan incorporates a wide range of policies and programs, implementation
of which will address land use compatibility issues as they arise. However, in order to assure that
potential changes in land use are adequately assessed, the following mitigation measures shall be
implemented.
A• Individual proposed projects, especially those involving a mix of residential and other uses, as
well as those located nearby or adjacent to sensitive lands or uses, shall be fully evaluated during I
the project review process to assure that all land use compatibility issues are addressed and
i
mitigated.
I?
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III-17 203
Land IIse Compatibility—Traffic/Circulation
TN/City of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
B. The City shall require a noise impact assessment and mitigation plan which minimizes impacts to
outdoor living space and assures a maximum interior noise level of 45 CNEL, from all future
residential development occurring on lands within an existing 65 dBA or higher noise contour.
Mitigation Monitoring/Reporting Program i
A. The City shall identify potential adverse of unacceptable noise exposures, evaluate and assure the
effectiveness of proposed mitigation programs, and assure construction is in accordance with
approved noise mitigation plans. Said plan shall be approved by the Community Development
Department as part of its review, and the effectiveness of the proposed mitigation program shall
be demonstrated as part of the Building Department's inspection process. Results shall be
recorded and maintained with building inspection records.
Responsible Parties: City Community Development and Building Departments
B. Traffic/Circulation
Introduction
In conjunction with the preparation of the Draft General Plan, a region-based, City/study area-focused
traffic study was also prepared? A wide variety of data were assembled to measure existing traffic
conditions on the various roadways studied. A focused version of the CVATS Traffic Model was used to
analyse existing conditions and to project future conditions for the Prefened Alternative General Plan,
as well as for the current General Plan and two other alternative plans.1
The following discussion provides some essential background information to facilitate a better
understanding of the analysis,which follows.
Levels of 5ervice
The capacity of a segment of roadway or an intersection is typically characterized as "Level- of-IService". As gauged for mid-block travel, Level-of-Service (LOS) is a qualitative measure describing
the character and efficiency of the flow of traffic. For intersections, the LOS is defined quantitatively, as
the number of seconds the vehicle is delayed in passing through the intersection. LOS includes a range Iofalphabeticalconnotations "A" through "F", used to characterize roadway operating conditions. LOS
A represents the besVfree-flow conditions and LOS F indicates the worsdsystem failure.
Intersections represent the most constrained portion of the roadway network. The Highway Capacity I
Manual expresses the Level of Service at an intersection in terms of delay or waiting time to get through
the various intersection approaches. For signalized intersections, average total delay per vehicle is used
to deternune the LOS. Intersection LOS is defined quantitatively in Table III-7 below. A more detailed
discussion of LOS values can be found in the General Plan Traffic Study in the EIR Technical
Appendices.
Mid-block Levels of Service are represented as volume to capacity ratios, or vehicle demand divided by
roadway capacity. In general terms, as the ratio approaches 1.00 or maximum capacity, the roadway
approaches LOS F. However, it is important to keep in mind that for mid-block, the LOS is meant to
Z Palm Desert General Plan Update Tr c Study.Prepared by Urban Crossroads,Inc.September 5,2003.
III-18 204
Land IIse Compatibility—Traffic/Circulation
IN/CityofPalmDesertMitigationMeasures
Draft General Plan EIR
Section III—Existing Canditions,Impacts and Mitigation Measures
All-Weather Access
Major drainages that affect roadway access both within the City and the planning area include the
Whitewater River, Palm Valley Stormwater Channel, Deep Canyon Stormwater Channel, San Pascual
Channel, Mid-Valley Stormwater Channel, Thousand Palms Flood Control Project and Thousand Palms
Canyon Wash,cove neighborhoods and in areas north of Highway 111.
Whitewater River: The Whitewater River is the principal drainage affecting all-weather access in the
City, with cunently all-weather crossings existing at only Monterey Avenue. Crossings of the
Whitewater River at Portola Avenue and Cook Street are cunrently improved to pass through lower(less
than 100-year) storm flows. The Whitewater River Crossing at Bob Hope Drive in Rancho Mirage is
also all-weather. In addition, all-weather access is also available across the Whitewater River at
Washington Street and Miles Avenue, in La Quinta and Indian Wells, respectively. The City of Palm
Desert has plans to design and build all-weather crossing across the Whitewater River at both Portola
Avenue and Cook Street as funding becomes available. Based upon the availability of existing all-
weather crossings along the Whitewater River, improvements at Portola Avenue and Cook Street are
warranted.
Mid-Valley Stormwater Channel: In the planning area, this drainage facility is designed to run along the
south side of the Union Pacific Railroad right-of-way. Existing and planned improvements will convey
flows under elevated roadways/approaches to I-10 interchanges. No significant access issues are
associated with this drainage facility either now or in the future.
Thousand Palms: The community of Thousand Palms and the area generally north of I-10 is subject to
both sheetflow and channelized flooding from drainage originating in the Indio Hills. The Thousand
Palms Canyon Wash conveys flows, which originate north of the Indio Hills and along the south-facing
slopes of the Little San Bernardino Mountains. The US Army Corps of Engineers and the Coachella
Valley Water District recently completed design analysis and project approvals for an area-wide flood
control project, which will protect the vast majority of homes and businesses in the community of
Thousand Palms from upstream flooding.
3. Mitigation Measures
As discussed above, intersections constitute the most constrained portion of the roadway network in the
City and balance of the planning area. The following table provides a detailed analysis of the
improvements (mitigation measures), both those akeady programmed and new/additional improvements
that are needed to provide acceptable levels of service. It should be noted that although improvements
are cited that will bring some intersections to LOS C, these improvements are not needed in most
instances in order to achieve acceptable levels of service.
I
I
il
I
I III-46 205
it a
I,and Use Co patibility Traffic Circulation TN/City of Palm Desert
2ii.tigation Keasures Draft Genera!Plan EIIt
Section III-Existing Conditions,Impacts and Mitigation Measures
Table III-15
Intersection Mitigation Improvements and Resulting Levels of Service
Ci and Unincor orated Plannin Area/Post 2024 Period
INTERSECTION APPROACH LANESZ
NORTH- SOUTH- EAST- WEST- DELAY3, LEVEL OF I
TRAF ICt BOUND BOUND BOUND BOUND SECS. SERVICE
INTERSECTION CONTROL L T R L T R L T R L T R AM PM AM PM
ob Hope Dr.(NS)at:
I-10 WB Ramps(E TS 1 3 0 0 3 1» 0 0 0 2 0 1 --° --° F F
With LOS "D"Improvements TS 2 3 0 0 3 1» 0 0 U 2 0 2 19.9 35.5 B D
With LOS"C'7mprovements TS 2 3 0 0 3 1» 0 0 0 2 0 1» 20.7 33.9 C C
I-10 EB Ramps(EV TS 0 3 1 1 3 0 1.5 0 1.5 0 0 0 34.4 -° C F
With LOS "D"Improvemenrs TS No Intermediate LOS"D"Improvements
With LOS "C"I rovements TS 0 3 1 2 3 0 1.5 0 1.5 0 0 0 21.3 32.2 C C
ark View DrJP'ainters Path(NS)at:
SR-111 TS 0.5 0.5 1 0.5 0.5 1 1 3 0 1 3 1 26.5 28.3 C C
R-111 (NS)at:
Fred Waring Dr.(EV TS 2 3 1 2 3 1 2 3 0 2 3 0 48.6 -4
D F
With LOS"D"Improvements TS 2 3 1 2 3 1 2 3 0 2 2 1> 28.9 36.2 C D
With LOS"C"Im rovements TS 2 3 1 2 3 1 2 3 0 2 2 1» 29.3 343 C C
esert Crossing(NS)at:
SR-111 (E TS 1.5 0.5 1 0.5 0.5 0 1 3 1 2 3 0 343 34.9 C C
1 PaseolTown Center Way(NS)at:
SR-111 R TS 1.5 1.5 1 1.5 1.5 1 1 3 0 1 3 0 33.5 35.0 C C
laza Way(NS)at:
SR-111 TS 1 1 1 1 0.5 1.5 2 3 0 1 3 1 19.8 29.9 B C
onterey Av.(NS)at:
I-10 EB Ramps(EW) TS 0 3 1 2 2 0 2 0 1» 0 0 0 24.4 31.7 C C
Dinah Shore Dr.(EV TS 2 3 1 2 3 1» 2 2 1 1 2 1» 35.0 43.8 C DS
With LOS "C"Improvemenis(Altl) TS 2 3 1 2 3 1» 2 3 1> 16 36 1»6 31.6 34.6 C C
With LOS "C"Improvements(Alt2) TS 2 3 1 26 36 1»6 3 2 1> 1 3 1» 29.2 34.7 C C
Gerald Ford Dr.(EV TS. 2 3 1 2 3 1 2 3 1 2 3 1 33.5 29.7 C C
Frank Sinatra Dr. (EVV TS 2 3 1 2 3 1 2 3 1» 2 3 1» 24.5 263 C C
III-47
206
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a a i
I,and Use Compatibility-Traffic/Circulation
Mitigation Measures
TN/City of Palm Desert
Draft General Plan EIR
Secrion III-Existing Conditions,Impacts and Mitigation Measures
With LOS"C"Improvements TS 0 3 4 1 3 0 1.5 0.5 1» 0 0 0 19.5 28.8 B C
Gerald Ford Dr.(ER TS 2 3 1 2 3 1 2 3 1» 2 2 1 43.5 50.1 D D
With LOS"C"Improvements TS 2 3 1 2 3 1> 2 3 1» 26 26 1>6 33.3 31.2 C C
Frank Sinatra Dr.(EV T5 2 3 1 2 3 1 2 3 1 2 3 1 34.8 40.3 C D
With LOS "C"Improvements TS 2 3 1 2 3 1 2 3 1 26 36 16 27.8 34.4 C C
Country Club Dr.(E TS 2 3 1 2 3 1 2 3 1 2 3 1 26.5 30.3 C C
Hovley Ln.E.(ER TS 2 3 1 2 3 1 2 2 1 2 2 1 38.4 49.4 D D
Wirh LOS"C"Improvemenls TS 2 3 1 2 3 1 2 2 1 2 2 1> 31.6 34.0 C C
Fred Waring Dr.(EV TS 2 3 1 2 3 1» 2 3 1 2 3 1» 33.9 44.8 C D
With ZAS "C"Improvemerus TS 2° 3° 1° 2 3 1» 2 3 1 2 4 1» 30.1 32.7 C C
SR-111(EV TS 2 3 1 2 3 1 2 3 1 2 3 1 37.9 34.7 D C
With LOS"C"1 rovements TS 26 36 16 2 3 1 2 3 1 2 3 1 34.6 33.5 C C
erald Ford Dr.(NS)at:
Frank Sinatra Dr.(EV TS 0 0 0 1 0 1 1 3 0 0 3 0 10.5 15.8 B BS
ldorado Dr.(NS)at:
Country Club Dr.(E TS 2 3 1 2 3 1 2 3 1 2 3 1 31.1 33.7 C C
Frank Sinatra Ih.(EV4 TS 1 1 1 0.5 0.5 1 1 3 1 1 3 0 17.6 19.1 B B
Hovley Ln.E. (E TS 0.5 0.5 0 1.5 0.5 1 1 2 0 0.5 1.5 0 12.3 23.0 B C
SR-111 TS 1 2 1 1 2 0 1 3 1 1 3 1 32.3 28.3 C C
asis Club Dr. (NS)at:
Country Club Dr.(EV TS 1 2 1 1 2 1 2 3 1 2 3 1 31.7 37.4 C D
With LOS "C"Improvements TS 16 26 16 1 2 1 2 3 1 2 3 1 31.7 31.2 C C
Hovle Ln.E.(E TS 0 0 0 1 0 1 1 2 0 0 2 0 31.9 31.5 C C
ashington St.(NS)a
Vazner Rd. (EV TS 2 3 1> 2 3 1 1 2 1 2 1.5 1.5 33.1 --° C F
With LOS"C"Improvements TS 2 3 1> 2 3 1 I 2 1> 2 1.5 1.5 32.5 34.7 C CS
I-10 EB Ramps(E TS 0 3 1 2 3 0 1.5 0.5 2 0 0 0 29.8 -` C F
With LOS "D"Improvements TS 0 3 1 2 3 0 1.5 0.5 1» 0 0 0 19.6 40.3 B D
With LOS"C"Improvements TS 0 3.5 1.5 2 3 0 1.5 0.5 1» 0 0 0 17.8 30.9 B C
Country Club Dr.(EV TS 2 3 1 2 3 1» 3 2 1 26 36 I6 36.3 48.3 D D
With LOS "C"Improvements T5 2 3 1 2 4 1» 3 2 1 2 3 1> 33.1 32.7 C C
Fred Waring Dr.(ER TS 2 3 1 2 3 1 2 3 1 2 3 1 34.1 -° C F
With LOS 'D"Improvements TS 2 3 1 2 3 1 2 3 1> 2 3 1 27.7 54.7 C D
With LOS"C"Improvemenls TS ' 3 3 1 26 36 16 2 3 1» 2 3 1 28.3 33.2 C C
Hovley Ln.E. (EV TS 2 3 1 2 3 1 2 2 1 2 2 1 31.1 34.8 C CS
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Lua+u voc vv y4 iv ii
i«i«
f .
Mitigation Measures TN/City of Palm Desert
Drafi General Plan EIR
Section III—Exisring Condirions,Impacts and Mitigation Measures
arner Rd.(NS)at:
I-10 WB Ram s at Washin n S TS 2 2 0 0 3 1 2 0 1 0 0 0 13.5 11.8 B B
TS-Traffic Signal;AWS-All Way Stop;CSS-Cross Street Stop.
2 When a right turn is designated,the lane can either be striped or unstriped.To func[ion as a right turn lane there must be
sufficient width for right turning vehicles to travel outside the ttu ough lanes.
L=Left;T=Througti;R=Right;>=Right Tum Overlap;»=Free Right Turn
3 Delay and level of service calculated using the following analysis softwaze:Traffix,Version 7.5 R1 (2001).
Delay High,Intersection Unstable,Level of Service"F".
5 Pedestrians assumed not to occur on every cycle.
6 Remove pedestrian minunum green(no ped crossing),WB Approach=North Leg,EB Approach=South Leg,
NB Approach=East Leg,SB Approach=West I,eg
III-50
209
Land IIse Compatibility-Traffic/Circulation
Mitigation Measures
TN/City of Palm Desert
Draft General Plan EIR
Section III-Existing Conditions,Impacts and Mitigation Measures
Mitigation via Roadway/Intersection Improvements
As set forth in the Circulation Element of the Draft Comprehensive General Plan, the City shall make a
good faith effort to assure that intersections operate at LOS D or better. The improvements set forth in
Table III-15, above, are mitigation measures designed to reduce Post 2020 (buildout) traffic impacts to
levels of insignificance (LOS D). The improvements include the provision of new or additional turn
lanes and through lanes, and in a few instances limitations on pedestrian green-time or access on certain
legs of intersections. None of the prescribed limitations on pedestrian access are a significant
impediment to pedestrian use and are located at intersections with the highest volumes and widest cross
sections.
On-Going Monitoring and Analysis
The programmatic level of the General Plan study suggests that on-going and project-specific traffic
monitoring is required to assure adequate levels of service in the long-term. The City shall periodically
monitor conditions along roadway segments where General Plan level analysis indicates high levels af
traffic congestion. In these azeas of the roadway network intersection and progression analysis shall also
be conducted to advance infrastructure planning to address areas of existing and anticipated traffic
congestion.
Mitigation via Alternative Modes of Transportation
With the limited exception of the consideration of busing of students to schools, the traffic impact
analysis conducted for the General Plan update does not consider the effects of the use of mass transit,
biking or pedestrian-accessible land use planning on traffic volumes or roadway operations. As noted in
the General Plan Traffic Study:
While the model is not intended to reflect vehicle trip reduction characteristics associated
with the benefits of such a system combined with the proper mix of land uses, an especially
well developed nan-motorized transportation system could potentially reduce vehicle traffic
substantially."`
The General Plan Traffic Study also cites the continuing imbalance between the production and
attraction of trips in the University Park planning area, caused by an abundance of commercial,
institutional and industrial trip attractors and the limited number of sources of home-based production
residences). The study cites the unquantifiable but substantial potential for vehicle trip reduction from
the compact mix of land uses, which promotes the use of buses,bike paths and pedestrian access.
Bus Access
As set forth in the general Plan Circuladon Element, the City shall continue to coordinate and cooperate
with the Sunline Transit Authority to expand and optimize the use of bus transit through the expansion
of bus routes, the construction of user-friendly bus stops and shelters, and through joint ventures
between Sunline and major poten6al users, including the colleges, retail and employment centers.
City of Palm Desert General Plan Tra c Study.Prepazed by Urban Crossroads,Inc.September 5,2003.
III-51 210
Land IIse Compatibi ity-Traffic/Circulation
Mitigation Measures TN/City of Palm Desert
Draft General Plan EIIt
Section III-Existing Conditions,Impacts and Mitigation Measures
Golf Cart and Bike Paths
The City golf cart path network is also a potentially significant altemative mode of transportation. The
City shall continue to enhance the accessibility to and use of the golf cart and bicycle path network to
the greatest extent practicable.
Mitigation via lmplementation of General Plan Policies and Programs
The Circulation Element of the Draft Comprehensive General Plan includes fourteen (14) policies and
twenty-nine (29).programs, which are designed to enhance the operation and efficiency of all aspects of
the transportation system serving the planning area. Policies and programs address the on-going
monitoring and management of traffic volumes and operating conditions, and the timing of required
improvements to maintain acceptable levels of service.
Summary of Mitigation
The Draft General Plan, this EIR and the general Plan Traffic Study provide both programmatic and
concrete/prescriptive actions and measures that are expected to reduce transportation impacts associated
with the implementation of the proposed General Plan below levels of significance. In conjunction with
the existing various regional transportation initiatives coordinated through the City and CVAG, the
performance of transportation systems serving the City and planning area can be further enhanced. The
continued thoughtful integration of land uses will also increase opportunities for mass transit and non-
motorized means of transportation. Controlling access onto major arterial roadways will also serve to
preserve capacity and limit the costs associated with expanded roadway infrastructure.
Mitigation Monitoring/Reporting Program
A. The City shall review and update the master plan of roads, including standards for ultimate
rights-of-way and pavement width, and provide a schedule for securing right-of-way and
constructing improvements consistent with the projected needs and standards set forth in the
Circulation Element and Program EIR.
Responsi6le Parties: City Council, Community Development Department, Public Works
Department
B. The City shall establish and maintain ongoing consultation and coordination with adjoining
planning and engineering staffs of adjoining cities and transportation planning agencies to study
and implement effective means of preserving and improving capacity along major roadways.
Coordination efforts may include synchronized signalization, consolidation of access drives and
restriction of access, construction of additional travel and turning lanes, raised median islands,
and improvements to critical intersections.
Responsible Parties: Public Works Department, Community Development Department,
Adjoining Cities, CVAG,Riverside County, CalTrans
C. The City shall periodically evaluate the operating conditions at each of the Interstate-10
interchanges serving the City, including Monterey Avenue, Cook Street, future Portola Avenue
and Washington Street, and shall make recommendations to responsible agencies regarding
needed improvements.
Responsible Parties: Public Works Department, Community development Department,
CalTrans,Riverside County, CVAG
III-52
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Land Bse Compatibility TrafficjCirculation
Mitigation Measures
TN/City of Palm Desert
Draft General Plan E1R
Section III—Existing Conditions,Impacts and Mitigation Measures
D. The City shall pro-actively consult and coordinate with CVAG, SCAG and CalTrans and
represent the City in transportation planning meetings to assure that City policies, programs and
strategies are given full consideration in resolving regional transportation issues affecting the
cammunity.
Responsible Agency: City Council, Community Development Department, Public Works
Department, CVAG, SCAG, CalTrans
E. The City shall continue to pro-actively gromote the mass transit system expansion and
innovation through ongoing consultation and coordination with the SunI,ine Transit Agency and
CVAG.
Responsible Parties: City Council, Cammunity Development Department, SunLine Transit
Agency, CVAG
F. The City shall continue to consult and coordinate with the SunLine Transit Agency and
encourage the development of rideshare and other alternative, high occupancy transit programs
for employers with sufficient numbers of employees, and for individuals seeking to locate
potential rideshare partners.
Responsible Parties: City Council, Community Development Department, SunLine Transit
Agency
G. The City monitor the effectiveness of land use planning proposals that integrate the assemblage
of land uses, optimizes nearby interactions, reduces the need for travel outside the neighborhood,
and shortens trips to work, shopping,public services and public park facilities.
Responsi6le Parties: Community Development Department, Redevelopment Agency, Chamber
of Commerce
H. The City monitor the effectiveness of its master plan of bicycle-ways and muld-use trails,
including secure bicycle and golf cart storage facilities, and other support facilities which
increase bicycle and golf cart use.
Responsible Parties: Community Development Departments,Public Works Department
I.The City shall monitor the planning and development of all-weather crossings as part of the
community's Master Drainage Plan and its implementation.
Responsible Parties: Community Development Department, Public Works Department,
Coachella Valley Water District
i
J. The City shall periodically review raadway design specifications, design standards and
guidelines for public and private streets, and their effectiveness at meeting existing and _.
anticipated demand, reducing traffic speeds in neighborhoads, and facilitating safe and ef cient
use of bicycles and other alternative modes of transportadon.
Responsible Parties: Community development department, Public Works Department,Planning i
Commissian, City Council
i
III-53
212
Soils and Geology—Project Impacts
TN/City of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
2.Pro ect Impacts
The buildout of the General Plan will increase the potential for a number of geologic and seismic
hazards within the General Plan study area. The construction of all types of structures in varying terrain
could expose persons and property to hazards relating to subsidence, slope instability and rock fall, and
seismic hazards.
Soils
The General Plan study area includes lands adjacent to the Santa Rosa Mountains, the Indio Hills and
the Little San Bernardino Mountains, where slope failure and rock fall could occur. Limited
development p otential exists for the southern portion of the City, which is generally designated for Open
Space land uses. In the northern portion of the planning area, residential development could occur in
close proximity to slopes. Development in these areas should include the preparation of site specific
analysis to assess the potential impacts of rock fall and slope stability prior to construction of structures
for projects which might be down-gradient from such hazard areas, as shown in Exhibit III-12.
IAlluvial fan deposits and blowing sand deposits throughout the General Plan study area are vulnerabletocollapseand/or hydrocompaction. When saturated, these soils could lose cementation and cause
damage to structures and foundations that are built upon them. In areas proposed for development, site-
specific studies must be conducted to e;aluate the collapse potential.
Subsidence in the Coachella Valley is closely associated with groundwater overdraft. Structures
sensitive to slight changes in elevation, such as canals, sewers and drainage improvements are generally
sensitive to the effects of subsidence and may be damaged if subsidence occurs. Mitigation of
I subsidence and its potential impacts will require a regional approach to groundwater conservation and
recharge.
1 The northern portion of the planning area is highly susceptible to wind erosion. Increased development
and surface c isrupdon resulting from grading and construction loosens soils and increases the amount of
dust and other small particles in the air. However, in the long-term, the installation of landscaping
I associated with new developmettt will contribute to the stabilization of drifting sand. The City currently
requires the preparation of erosion control plans as part of the grading permit process, providing site-
specific mitigation for this hazard with each development. Project-specific erosion control measures
Imust continue to be implemented to protect on-site soils. The potentially adverse health impacts
associated with suspended dust and blowsand are further discussed in Section IlI-H, Air Quality.
I Seismicity
Two Alquist-Priolo Earthquake Fault Zones occur within the General Plan study area. In addition, the
I area will be subject to significant ground acceleration and potential damage from significant earthquakes
within the next 50 years.
I Earthquakes can trigger slope instability, liquefaction, settlement and flood inundation, and can cause a
variety of localized, but no less destructive hazards such as urban res, dam failures, and toxic chemical
releases. Smaller structures could be shifted from their foundations and cause gas leeks and fires.
III-69 213
Soils and Geologp
Mitigation Measures TN/City of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
The greatest hazard with smaller structures is that of unreinforced masonry buildings. The City has
identified and caused to be retrofitted four such structures. The City Department af Building and Safety
adopted the 1997 Uniform Building Code (UBC). New development in the City will be subject to this,
or later versions of the UBC andlor International Building Code, and should be able to resist major
earthquakes without collapsing, although structural damage could occur.
Liquefaction
Liyuefaction hazards in the City and planning areas are considered generally low, except in the northern
portion of the planning area, in a small area between the Indio Hills and the Little San Bernardino
Mountains. This area could develop with limited residential development with buildout of the General
Plan. The City should require site specific liquefaction studies as development is proposed in these
areas. The analysis will include mitigation measures should liquefaction be considered likely on these
properties.
3.Mitigation Measures
A. The City shall establish and maintain an information database containing maps and other
information which describe seismic and other geotechnical hazards occurring within the City
boundaries, sphere-of-influence and planning area.
B. Proper structural engineering, which takes into account the forces that will be applied to
structures by anticipated ground motions, shall provide mitigation for ground shaking hazards.
Seismic design shall be in accordance with the most recently adopted editions of the Uniform
Building Cade and/or International Building Code, and the seismic design parameters of the
Structural Engineers' Association of California.
C. Proposals for development on wind or stream-deposited sediment on the valley floor shall
include site-specific subsurface geotechnical investigations that address settlement, liquefaction,
and collapsible soils. These hazards can generally be mitigated by proper excavation, compaction
and foundation design.
D. The City shall continue to require expansive soils testing as part of its grading and building
codes, and shall assure the implementation of mitigation measures which minimize these
hazards, such as the use of reinforcing steel in foundations, drainage control devices,
overexcavation and backfilling with non-expansive soils.
E. The City shall continue to support and encourage local and regional groundwater conservation
measures in an effort to mitigate potential subsidence resulting from groundwater overdraft (see
also Water Resources discussion in Section III-F).
F. All grading permit requests shall include a PM10 Management Plan in conformance with the
latest approved Coachella Valley PM10 requirements in place at the time construction occurs.
Blowing dust and sand during grading operations shall be mitigated by adequate watering of
soils prior to and during grading, and limiting the area of dry, exposed soils during grading (see
also Air Quality discussion in Section III-H).
m-7o
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Soils and Geologp
MiCigation Measures
TN/City of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
G. Where development is proposed adjacent to or in close proximity to steep slopes, site-specific
geotechnical studies shall be conducted to evaluate the potential for rock falls and/or slope
failure, and to establish mitigation measures which minimuze these hazards.
H. All development proposed within Alquist-Priolo Earthquake Zones shall comply with State
requirements for site-specific study, including trenching to locate fault traces, and to submit this
analysis prior to any development approval for the property.
H. During site grading, all existing vegetation and debris shall be removed from areas that are to
receive compacted fill. Any trees to be removed shall have a minimum of 95% of the root
systems extracted. Man-made objects shall be overexcavated and exported from the site.
Removal of unsuitable materials may require excavation to depths ranging from 2 to 4 feet or
more below the existing site grade.
rI.All fill soil, whether on site or imported, shall be approved by the individual project soils
engineer prior to placement as compacdon fill. All fill soil shall be free from vegetation, organic
material, cobbles and boulders greater than 6 inches in diameter, and other debris. Approved soil
shall be placed in horizontal lifts of appropnate thickness as prescnbed by the soils engineer and
watered or aerated as necessary to obtain near-optimum moisture content.
J.Fill materials shall be completely and uniformly compacted to not less than 90% of the
I laboratory maximum density as determined by ASTM test method D-1557-78. The project soils
engineer shall observe the placement of fill and take sufficient tests to verify the moisture
content, uniformity, and degree of compaction obtained. In-place soil density should be
deternuned by the sand-cone method, in accordance with ASTM Test Method D-1556-64 (74),
or equivalent test method acceptable to the City Building and Safety Department.
I K. Finish cut slopes generally shall not be inclined steeper than 2:1 (horizantal to vertical).
Attempts to excavate neaz-vertical temporary cuts for retaining walls or utility installations in
excess of 5 feet may result in gross failure of the cut and may possibly damage equipment and
Iinjure workers. All cut slopes must be inspected during grading to provide additional
recommendations for safe construction.
L. Finish fill slopes shall not be inclined steeper than 2:1 (horizontal to vertical). Fill slope surfaces
shall be compacted to 90% of the laboratory maximum density by either over-lling and cutting
back to expose a compacted core or by approved mechanical methods.
M. Foundation systems that utilize continuous and spread footings are recommended for the support --
of one and two-story structures. Foundations for higher structures must be evaluated based on
structure design and on-site soil conditions.
N• Positive site drainage shall be established during finish grading. Finish lot grading sha11 include a
minimum positive gradient of 2% away from structures for a minimum distance of three (3) feet
and a minimum gradient of 1% to the street or other approved drainage course.
III-71 215
Soils and Geology
Mitigation Measures TN/City of Palm Desert
Draft General Plan BIIt
Sectibn III-Existing Conditions,Impacts and Mitigation Measures
O. An adequate subdrain system shall be constructed behind and at the base of all retaining walls to
allow for adequate drainage and to prevent excessive hydrostatic pressure.
P. Udlity trench excavations in slope areas or within the zone of influence of structures should be
properly backfilled in accordance with the following recommendations:
a) Pipes shall be bedded with a minimum of 6 inches of pea gravel or approved granular soil.
Similar material shall be used to provide a cover of at least 1 foot over the pipe. This backfill
shall then be uniformly compacted by mechanical means or jetted to a rm and unyielding
condition.
b) Remaining backfill may be fine-grained soil. It shall be placed in lifts not exceeding 6 inches
in thickness or as determined appropriate, watered or aerated to near optimum moisture
content, and mechanically compacted to a minimum of 90% of the labaratory 'maximum
density.
c) Pipes in trenches within 5 feet of the top of slopes or on the face of slopes shall be bedded
and backfilled with pea gravel or apgroved granular soils as described above. The remainder
of the trench backfill shall comprise typical on-site Il soil mechanically compacted as
described in the previous paragraph.
Mitigation Monitoring/Reporting
A. During any project site preparation, the City Engineer and Building Department staff shall
conduct site inspections to ensure compliance with applicable City ordinances and conditions of
approval, as well as any additional erosion control mitigation measures specified in this
document.
Responsible Parties: City Engineer,Building Department, developer, grading contractor.
B. Subsequent to preparation of final development plans and specifications, but prior to grading and
construction, the foundation plans should be reviewed by the City Engineer to verify
compatibility with site geotechnical conditions and conformance with recommendations
contained herein. The need Eor additional subsurface exploradon will be determined on a project
by project basis.
Responsible Parties: City Engineer, geotechnical consultant.
C. When appropriate, rough grading of a project site shall be performed under geological and
engineering observation of the geological consultant and/or the City Engineer. Rough grading
includes, but is not limited to, grading of averexcavation cuts, fill placement, and excavation of _
temporary and permanent cut slopes.
Responsible Parties: City Engineer, geotechnical consultant.
D. As determined appropriate by the City Engineer and consulting geologist, the geotechnical
consultant and/or the City Engineer shall perform the following observations during site grading
and construction of foundations to verify or modify, if necessary, conclusions and
recommendations in the project's geotechnical report:
III-72 216
Hydrology TN/City of Palm Desert
Draft General Plan EIIt
Section III—Existing Conditions,Impacts and Mitigation Measures
1. Observation of all grading operations.
2. Geologic observation of all cut slopes.
3. Observation of all key cuts and fill benching.
4. Observation of all retaining wall back cuts, during and following completion or excavation.
5. Observation of all surface and subsurface drainage systems.
6. Observation of backfill wedges and subdrains for retaining walls.
7. Observation of pre-moistening of subgrade soils and placement of sand cushion and vapor
barrier beneath the slab.
8. Observation of all foundation excavations for the structure or retaining walls prior to placing
forms and reinforcing steel.
9. Observation of compaction of all utility trench backf'ill.
Responsible Parties: City Engineer and/or geotechnical consultant.
D. Hydrology
1. Existing Conditions
Hydrology is significantly influenced by the geography and climate of a particular lacale. The Coachella
Valley and the City of Palm Desert occur in a low desert basin, flanked by local mountain rar ges that
isolate the region from moist and cool maritime air masses coming on shore to the west, creating a
subtropical desert climate.The desert floor receives a very low mean annual rainfall, ranging from 4 to 6
inches per year. In some years, no measurable rainfall has been reported. In general, precipitation occurs
during the winter months, between December and March. The surrounding mountain slopes generally
receive rainfall that increase with elevation. The mountains and upper elevations of the General Plan
study area are generally cooler, with about a 5°F drop in temperature with every 1,000-foot increase in
elevation. Daytime temperatures in the valley reach up to 125°F occasionally during the summer season
and winter temperatures rarely fall below freezing.
Although the Coachella Valley has a low mean average rainfall, the region is susceptible to flash floods
generated by occasional high-intensity thunderstorms and tropical storms, occurring prima-ily during
late summer and early fall. Dry ground surfaces can become saturated by intense and excessive rainfall,
resulting in substantial reduction of percolation rates and increasing runoff. Permeable soils covered by
asphalt and other impervious surfaces associated with development also contribute to rainwater runoff.
Potential landslides, and debris or mudflows can occur in hilly or mountainous areas when saturated
Isoils are weighed down by water. Flash flooding in the Coachella Valley is generally limited to washes
extending from mountain canyons, floodways and floodplains adjacent to rivers and low-lying -
drainages. Flooding on alluvial fans can be particularly damaging because floodwaters move at highIvelocitiesandspreadacrosswideunchannelizedareas. Given that most of the City is situated on alluvial
fans, the hazard posed by flooding is significant if not mitigated.
Flooding can also be an attribute of unusually warm conditions occumng in early spring, which cause
the snow pack on adjacent mountains to melt rapidly. In fact, nearly all of the surface water in the
Coachella Valley originates from snow melting off the slopes of the San Bernardino, Little San
Bernardino and Can Jacinto Mountains. The water is usually absorbed by porous sands and gravels on
III-73 217
Hydrology
Project Impacts TNlCity of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
2. Project Impacts
Potential flooding problems in the City of Palm Desert, its sphere-of-influence and planning area are
associated with storm flows in the Whitewater River and its tributaries, flooding on the alluvial fans, and
to runoff associated with the Indio Hills and the foothills of the San Bernardino and Little San
Bernardino Mountains. Ongoing growth and urbanization in the General Plan study area will result in
the creation of additional impervious surfaces such as paved roads; parking lots, and sidewalks which
can cause an increase in the amount of runoff generated. 5ince the bedrock formation of the hills and
mountains surrounding and occurring in the General Plan study area have low permeability, heavy
runoff from these areas during intense storms may be inevitable. Future development facilitated by the
proposed General Plan could also potentially alter and/or disturb existing drainage patterns, which can
result in the accumulation of considerable amounts of debris in the event of a major storm. Large
developments may incorporate a network of channels which can include golf courses, greenbelts and
other open space areas to convey and collect on-site runoff.
The proposed General Plan utilizes land use planning as an effective strategy to manage potential flood
hazards and protect lives and properties in areas subject to flooding. The adoption and implementation
of the proposed General Plan will facilitate the regulated development of various land uses and
roadways, and will put in effect policies, programs and mitigation measures which directly address the
flood hazards facing the City. The foremost goal of the proposed General Plan is to protect the general
health, safety and welfare of the community from potential flood and associated hazards. Its focus
includes the evaluation of the potential for and extent of major future flooding. The City will coordinate
with FEMA in the redesignation of the 100-year flood plains within the General Plan study area. The
Plan also calls for the protection of groundwater resources from polluted runoff by implementing the
NPDES permitting process.The proposed Plan acknowledges and addresses the need for and availability
of adequate access and evacuation routes in the event of a major community disaster or threat. While the
proposed General Plan aims to protect the community for flood hazards, it has also recognized that there
are opportunities for the provision of open space and multiple uses, wildlife, pedestrian and equestrian
corridors within major drainages.
In general, the implementation and adoption of the proposed General Plan is not anticipate.d to result in
substantial adverse hydrological impacts. Through thoughtful planning and coordination land use
development intensities are regulated and improvements and construction of new storm water facilities
are identified. Moreover, the policies and plans of the proposed General Plan seek to establish and
enhance inter-agency planning cooperation, and facilitate the development of effective and cost-
effective local and regional drainage facilities.
3. Mitigation Measures
The City will continue to review and assess hydrology analyses on a project-by project basis. The
findings of these studies will be integrated into the project master drainage plans appropriately, and the
ICity will have the opportunity to require additional on-site flood control facilities as necessary.
I
IIII-81
218
Hydrology
Mitigation Measures TN/City of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
The proposed General Plan intends to provide a comprehensive assessment of flooding and other
hydraulic hazards in the community, and complete facilities and services effectively protecting lives and
property. The following mitigation measures shall be implemented to reduce potential impacts
associated with flooding and hydrology to less than significant levels:
A. The City shall continue to update hydrologic conditions in the General Plan study area, and plan
and pro-actively coordinate with other responsible agencies in upgrading the City's local and
regional drainage system.
B. The City shall implement the recommendations of the 1993 Master Drainage Plan study. Local
regulations and guidelines shall be established which are consistent with the Master Plan of
Drainage, direct the management of runoff, and provide for local drainage facilities support the
effective use of regional drainage facilities.
C. The City shall monitor and periodically update the Master Plan of Drainage to reflect changes in
local and regional drainage and flood conditions.
D. The City shall develop, update and maintain Capital Improvement Plans for drainage
management based upon the Master Drainage Plan project descriptions.
E. The City shall place the highest priority for improvements to be implemented through the Master
Drainage Plan on the following stormwater facilities: Whitewater River Channel, the Palm
Valley Channel, the Deep Canyon Channel, and City of Indian Wells drainages located to the
east of the City.
F. The City shall evaluate the need for requiring an upgrade from a 25-year on-site retention to a
100-year on-site retention in crucial locations of the General Plan, as described by the Master
Drainage Plan.
G. The City shall coordinate and cooperate with responsible regional agencies in achieving multi-
use agreements of major drainage facilities, including debris basins and flood control channes
and designing safe and attractive recreational facilities, which are consistent with the fiinctional
requirements of these facilities.
H. The City shall require all new development to incorporate adequate flood mitigation measures,
such as grading that prevents adverse drainage impacts to adjacent properties, on-site retention of
runoff, and the adequate siting of structures located within flood plains.
I.The City will ensure that adequate, safe, all-weather crossings over drainage facilities and flood ' '
control channels are provided where necessary, and are maintained for access during major storm
events.
J.The City shall investigate the possibility of participating in the nationwide inventory and
evaluation of bridges to address the potential impacts of bridge scour during major flood events.
m-82 219
Water Quality/Resources
TN/City of Palm DeseR
Draft General Plan EIIZ
Section III—Existing Conditions,Impacts and Mitigation Measures
Mitigation Monitoring/Reporting Program
A. The City Engineer shall regularly, and at least once a year, report to the City Council on progress
made in developing local drainage plans and implementing drainage control projects. The status
of regional drainage plans and facilities affecting flood control in the City shall also be reported
upon.
Responsible Agencies: City Engineer, City Council, CVWD
B. The City Engineer shall review and approve project-specific hydrology studies and mitigation
plans for development proposals, and assure their adequacy with regard to stormwater
management and pollution control.
Responsible Agencies: City Engineer
E. Water Quality/Resources
1.E cisting Conditions
Complex tectonic forces have created the unique physiographic form of the Coachella Valley. The
region is characterized as a deep trough which has been progressively filled with sands and gravel that
have eroded from the surrounding mountains and hills. Over millions of years, this sediment-lled basin
has functioned as a repository for rainfall, mountain runoff and occasional inundation from the Colorado
River. Although considered as one of the driest regions in the United States, the Coachella Valley is
underlain by a large groundwater basin that stores fresh water. This basin is identified by the
Department of Water Resources as the Coachella Valley Ground Water Basin.
The Coachella Valley Ground Water Basin extends from the surface drainage divide at the west end of
San Gorgonio Pass to the Salton Sea on the southeast and includes over 690 square miles.10 The
Coachella Valley Crround Water Basin is divided into distinct subbasins and subareas.The subbasins are
the San Gorgonio Pass, Mission Creek, Whitewater River, and Desert Hot Springs. Subbasin boundaries
are generally defined by seismic faults that restrict the lateral movement of groundwater, including the
Mission Creek and Banning strands of the San Andreas Fault Zone. It is estimated that between the high
ground water elevations that occurred during the 1935-1936 season and a depth of 1,000 feet below the
ground surface, the Coachella Valley Ground Water Basin has a capacity for storing about 39,00O,OOU
acre-feet of ground water."
Whitewater River Subbasin
The Whitewater River subbasin, the largest groundwater regository for the Coachella Valley, underlies
the City of Palm Desert and a substantial portion of the valley floor. It is the primary groundwater -
repository serving the Palm Desert General Plan study area. In general, the Whitewater River subbasin
extends from the junction of Interstafe-10 and Highway 111, to the Salton Sea approximately 70 miles to
the east and encompasses approximately 400 square miles. The subbasin is bounded on the north and
lo `<
Coachella Valley Investigation,Bulletin 108,"Department of Water Resources,July 1964.tt
Ibid.
III-83 220
Water Quality/Resources TN/City of Palm Desert
Mitigation Measures Draft Genetal Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
Based on CVWD's usage factors, the bui ldout of the General Plan will result in usage of 312,562 acre
feet of water annually. This analysis assumes maximum buildout of all land uses, and is therefore
expected to be conservative.
Development of new projects in the General Plan study area will result in gradual increases in water
consumption. Implementation and buildout of the proposed General Plan will contribute to the
cumulative impacts of urban development on groundwater resources in the Coachella Valley, including
the condnued reduction in the amount of potable groundwater in storage.
As CVWD develops and implements the mitigation measures included in their Water Management Plan, F
a number of conservation methods are likely to be implemented which will reduce the total consumption
in the District's service area. The Management Plan's Prefened Alternative results in the reversal of
current overdraft conditions in the long term, and the accommodation of city buildouts throughout the
Valley.
Impacts to water quality resulting from the adoption and implementation of the proposed General Plan
are anticipated to be comparable to, or slightly greater than those resulting from the buildout of the
current General Plan. Groundwater contamination could also potentially result from the additional
development facilitated by the proposed General Plan. The policies and programs of the proposed
General Plan aim to reduce impacts to water resources to less than significant levels and assure the
continued implementation of federal, state, local and other applicable pollution control standards.
3.Mitigation Measures
Water Conservation
With increasing demands on limited water supplies in the Coachella Valley; efforts to reduce per capita
consumption are a priority. One of the best opportunities for water conservation is the implementation of
water-efficient landscaping design and management. The City has adopted a Water-Efficient Landscape
Ordinance, as required by the California Water Conservation in Landscaping Act of 1990 (Section 24.04
of Palm DeseR Municipal Code). The ordinance establishes minimum water-efficient landscape
requirements for all new and rehabilitated public and private landscape projects. The ordinance also
requires development project proponents to submit •landscape construction plans, grading,plans,
irrigation design plans and landscape maintenance schedules for review and approval by the Public
Works Department. In some cases, landscape irrigation audits and soils analyses are required.
The City is also in the process of preparing a Parking Lot Tree Ordinance, which will identify specific
landscaping requirements for parking lots that will also be responsive to water conservation goals. The
Pu lic Works Department will be responsible for reviewing proposed parking lot landscaping plans for
their conformance with this ordinance.
The City also complies with State law which, since 1992, has mandated the installation of low-flush
toilets and low-flow showerheads and faucets in new construction.
The Coachella Valley Water District has been instrumental in developing and implementing regional
water conservation programs. CVWD offers water audits to farms, golf courses and homeowner's
associations in an effort to identify wasteful water usage and improve efficiency. It also reviews
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lans for ma'or housi nd commercial develo ments and off a wlandscapepngaperslandscpe orkshops and
other educational programs to homeowners associations and students. CVWD maintains two xeriscape
gardens to demonstrate the effective use of native plants and efficient irrigation systems. The treatment
and use of reclaimed and recycled water has further reduced the adverse impacts of development on
groundwater resources.
General Mitigation Measures
Groundwater subbasins do not respect jurisdictional boundaries, and the threat of groundwater depletion
or contaminatian must be viewed from both a regional and local perspective. Effective storm water
management helps to protect groundwater quality, and protection of the region's major mountain
watersheds will help assure and optimize long-term natural recharge to the Whitewater River and other
groundwater repositories.
The conservation and wise use of water resources will continue to be a central theme of community
development planning in Southern California. The City of Palm Desert has developed policies and
programs that encourage ancUor require water-efficient landscaping and irrigation design, as well as
water-conserving home appliances and fixtures. The City plays an important rale in the long-term
protection of this essential, finite and valuable resource.
The goals, policies and programs of the proposed Palm Desert General Plan update aim to provide and
maintain a dependable supply of safe, high-quality domestic water to meet the needs of all segments of
the General Plan study area. The following mitigation measures shall be implemented to reduce
potential impacts to water resources, associated with the implementation of the proposed General Plan,
to less than significant levels.
A. The City shall continue to implement it's Water Ef cient Landscape Ordinance to optimize
conservation and comply with State Assembly Bill 325 (AB 325), by requiring the use of native
and other drought-tolerant planting materials and efficient irrigation systems.
B. The City shall coordinate and cooperate with the Coachella Valley Water District to expand and
strengthen educationaUpublic relations programs regarding the importance of water conservation
and water-efficient landscaping.
C. The City shall require the use of water conserving appliances and fixtures such as low-flush
toilets, and low-flow showerheads and faucets, and require the application of water-con5erving
technologies in conformance with Section 17921.3 of the Health and Safety Code, Title 20,
California Administrative Code Section 1601(b), and applicable sections of Title 24 af the State
Code in all new developments.
D• The City shall support CVWD's continuation and expansion of groundwater recharge efforts and
use of tertiary treated wastewater as a means of reducing demand for groundwater resources.
E• The City shall coordinate with the CVWD regarding the continued use and future expansion of
tertiary treated wastewater treatment and distribution facilities to serve existing and new
development projects in the City.
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F. The City shall consult and coordinate with CVWD regarding the expansion and funding of sewer
service to unconnected areas, and consider approaches and mechanisms that facilitate financing
and construction of these facilities.
G. The City shall require that all existing and new development be connected to the sewage
treatment system of the Coachella Valley Water District.
H. The City shall establish and enforce regulations and guidelines for the development and
maintenance of project-speci c on-site retention/detention basins, which implement the NPDES
program, enhance groundwater recharge, complement regional flood control facilities, and
address applicable community design policies.
I.The City shall evaluate all proposed land use and development plans for their potential to create
groundwater contamination hazards from point and non-point sources, and shall confer with
other appropriate agencies, as necessary, to assure adequate review.
J.The City shall actively encourage and shall participate in the development of water management
and conservation strategies, coordinating with CVAG and its member jurisdictions, the
Coachella Valley Water District, Desert Water Agency and Mission Springs Water District on
water supply and conservation programs.
Mitigation Monitoring/Reporting Program
A. All development proposals shall be reviewed by the Community Development Department and
City Engineer to assess potential adverse impacts on water quality and quantity. All
developments shall be required to mitigate any significant impacts.
Responsible Parties: Community Development Department, City Engineer, Developers,
Coachella Valley Water District,Myoma Dunes Mutual Water Company.
B . The Coachella Valley Water District and Myoma Dunes Mutual Water Company shall
coordinate and cooperate with local, state and federal agencies to assure the protection of
groundwater aquifer from excessive extraction.
Responsible Parties: Coachella Valley Water District,Myoma Dunes Mutual Water District
F. Biological Resources
1. Existing Conditions
The biological resources within and surrounding the City of Palm Desert were assessed in a
comprehensive study prepared for the Palm Desert General Plan Update.19 Preparation of the said
biological resources study involved literature review which included the California Natural Diversity
Data Base (CNDDB), the Coachella Valley fringe-toed lizard Habitat Conservation Plan, Administrative
Draft Coachella Valley Multi-Species Habitat Conservation Plan (MSHCP}, botanical and wildlife
19 Pa1m Desert General Plan U ate Biolo ical Re o " re ared by Dr.Lawrence F. LaPr,June 29,2001.P d , g P k P P
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The goals of the Plan include standardized mitigation and compensation measures for species of concern
on a regional basis, and meeting the requirements of federal and state protection laws for endangered
species. Adoption of the MSCHP is anticipated to limit the need for individual project review of the
potential effects of development activities on species of concern.
2.Project Impacts
Potential Impacts to Plant Communities
Grading and development of lands within the General Plan study area could potentially result in the
dastruction of entire populations of common and sensitive plant species. Elimination, depletion and
modification of natural communities such as sand dunes and sand fields could result in significant
impacts to species with extreme limited distribution such as the Coachella Valley milk vetch.
Introduction of non-native plant species associated with landscaping could result in native plant species
competing for water, nutrients and space. Adverse impacts to Glandular ditaxis plant species could occur
with development projects at the base of the Santa Rosa Mountains.
Potential Impacts to Invertebrates and Reptiles
Potential impacts to invertebrates and reptiles are associated with continued urbanization in the General
Plan study area. The Coachella Valley fringe-toed lizard, flat-tailed horned lizard, and the Coachella
giant sand treader cricket are known to inhabit desert sand dunes and sandy flats. Urban development
may lead to disruption, fragmentation and even permanent loss of habitat which will substantially affect
individuals or an entire animal population.These species are also subject to impacts from traffic and off-
highway vehicles and crushing from grading and construction activities.
Potential Impacts to Birds
Increased urbanization will result in significant impacts to both common and sensitive bird species in the
General Plan study area. Bird species are susceptible to domestic pet predation, shooting and capture by
humans and electrocution from high voltage power lines. Disturbances to breeding seasons, ingestion of
pesticides which causes the thinning of egg shells, and introduction of parasites contribute to the decline
of bird population. Habitat for the Burrowing Owl is destroyed or becomes fragmented when
development occurs in lands containing sand dunes and sand fields. Bird species that inhabit cliffs and
hilly or mountainous teirain are subject to impacts associated with development within or adjacent to the
slopes of the Santa Rosa Mountains. Flood control could affect migratory riparian birds such as the
Summer Tanager, Yellow Warbler,Least Bell's Vireo and Yellow-Breasted Chat.
Potential Impacts to Mammals
Development activities include the clearing of lands of all vegetation and wildlife. The General Plan
study area supports a diverse range common and sensitive mammals which are subject to adverse
impacts resulting from urbanization of the surrounding environment. Studies have supported that habitat -
encroachment on the hillsides of the Santa Rosa Mountains has already resulted in bighorn sheep
acquiring food and water from project developments. Animal and plant species inhabiting the Santa
Rosa Mountains are also susceptible to human disturbances including shooting,capture or collection.
The loss of sand dunes and sand field habitats will affect the Palm Springs Pocket Mouse and the Palm
Springs Round-tailed Ground Squirrel. Small mammals become predatory targets for domestic pets and
off-road vehicles and highway vehicles also contribute to the decline of small mammal population.
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Landscaping of project development may include plants that are toxic to mammals through contact or
ingestion.
3. Mitigation Measures
A. The City shall continue to support and participate in the development of the Coachella Valley
Muld-3pecies Habitat Conservation Plan.
B. The City shall designate all mountainous areas of the Santa Rosa Mountains, generally following
the toe of slope, as Open Space for the protecdon of bighorn sheep and other species occurring in
these habitats.
C. Undeveloped lands that have not been graded, cleared or farmed at the base of the Santa Rosa
Mountains should be surveyed at the appropriate season for the presence of Glandular Ditaxis
and the desert tortoise.
D. The City shall not require fringe-toed lizard surveys for proposed projects on sand sheets, dunes
and hummocks within the boundaries of the Coachella Valley fringe-toed lizard Habitat
Conservation Plan. The payment of the mitigation fee of$600 per acre will satisfy requirements
of the federal Habitat Conservation Plan.
E. Proposed projects within sand deposits throughout the northern General Plan study area should
be surveyed at the appropriate season for potential presence of blowsand endemics, including the
flat-tailed horned lizard, giant sand-treader cricket, and the Coachella Valley milk vetch.
F. The City should require surveys for the gray vireo during the spring nesting season to evaluate
potential impacts to this restricted-range bird species. Surveys for the dotted blue should also be
required for evaluation of discretionary permits. Surveys for these particular bird species are
applicable to development proposals within Section 36,T6S, R6E.
G. Developments such as country clubs should be encouraged to establish grove plantings of
untrimmed palm trees, which could provide roost sites for the southern yellow bat.
H. Biological surveys for bats should be performed on projects involving reconstruction of bridges
to deternune if significant roost are present.
I. . The City should require water conservation and recycling for the Royal Camzo, Pinyon Crest,
and Chapman Ranch areas, in order to ensure adequate water supply for the endangered desert
slender salamander.
J.The Cit should consider the re uirement that a barrier be constructed around the erimeter ofYQp
any new project where the toe of slope of the Santa Rosa Mountains meets the valley floor. This
would protect bighom sheep and prevent additional habituation and reliance on food and water
from developed areas. Informal consultation or review by the U.S. Fish and Wildlife Service and
the California Department of Fish and Game should be completed prior to imposition of this
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recommendation. This barrier is one of the recommended conservation actions in the bighorn
sheep recovery plan.
K. The City shall encourage and cooperate in the establishment of multiple use corridors that use
drainage channels and utility easements to provide wildlife corridors and public access
interconnections between open space areas.
L. The City shall prepare and maintain a comprehensive list of plant materials, which shall include
native and non-native, drought tolerant trees, shrubs and groundcover that complement the local
environment. A list of prohibited plant materials shall also be prepared.
Mitigation Monitoring/Reporting Program
A. The City sha11 review information database and mapping system of sensitive plants, animals and
habitats occurring within the General Plan study area, which shall be accurately and regularly
updated.
Responsible Parties: Community Development Department, GIS Staff
B. The Initial Study review process will be utilized to assess potential impacts of development
projects on biological resources. Impacts shall be clearly documented and mitigation measures
recommended where appropriate.
Responsible Parties: Community Development Department, DeveloperJConsulting Biologist
C. The City shall assure that all required biological resource mitigation actions, including but not
limited to off-site mitigations and/or the payment of impact fees are satisfied, prior to issuance of
building permits.
Responsible Parties: Community Development Department,Developer/Consulting Biologist
D. Inspection during development and grading shall monitor compliance with grading limits, and
assure the preservation and incorporation of native and other appropriate desert landscape
I
materials into all areas of the project according to the approved landscape plan.
Responsible Parties: Community Development Department,DeveloperlConsulting Biologist
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C. Has a special or particular quality such as oldest, best example, largest, or last surviving exainple
of its kind;
D. Is at least 100 years old and possesses substantial stratigraphic integrity; or,
E. Involves important research questions that historical research has shown can be answered only
with archaeological methods.
Based on the findings of the cultural resources study for the proposed General Plan update, the Palm
Desert General Plan study area includes lands of high sensitivity for prehistoric and archaeological
artifacts, as well as historic structures or historic-period archaeological remains.
IThe study identifies that areas of high sensitivity for prehistoric and archaeologicai remains occur in the
various canyons in the Santa Rosa Mountains and Indio Hills and the alluvial fans at the canyon mouths,
i which would have provided the Native populations access to mountain and desert resources, as well as
water sources in the canyons. However, it should be noted that the proposed General Plan Update
designates the majority of these lands for conservation, and limited lands designated for development
Iare assigned very low densities.
Areas particularly sensitive for historic structures or historic-period archaeological remains dating
before 1940 are located along the Colorado River Aqueduct, between the Tndio Hills and the Southern
Pacific Railroad, and around the original community of Palm Village. Historic structures from the late
1940s and early 1950s most likely occur in the urban core of the city, along with outlying communities
such as Thousand Palms, Cahuilla Hills and the Sky Valley area. As mentioned above, the City
continues to participate in the preservation of cultural resources by implementing Historic Preservation
I
Ordinance 401 and by establishing the Historic Site Preservation Boazd. The Historical Society of Palm
Desert has also played an important role in the City's historic preservation efforts.
Future development projects in the General Plan study area could potentially result in direct and/or
indirect disturbance or destruction of sensitive archaeological and historic resources. Site surveys should
be conducted on all future development projects, if deemed necessary, to determine the presence and
significance of archaeological and historic resources.
3.Mitigation Measures
Continued development and urbanization of the proposed Palm Desert General Plan planning area will
decrease the opportunities for documenting and preserving archaeological and historic sites and artifacts. _:
The City of Palm Desert has the responsibility to assure that every reasonable effort is made to manage
cultural resources properly and creatively within its jurisdiction. The California Environmental Quality
Act (CEQA) identifies the manner in which the City must review and address issues related to
archaeological and historic resources. Projects involving a federal agency, federal funding or other
federal assistance must conform to Section 106 of the National Historic Preservation Act (NHPA) of
1966. In addition, the following mitigation measures are recommended to reduce potential impacts to
cultural resources to less than significant levels.
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A. All development or land use proposals, which have the potential to disturb or destroy sensitive
cultural resources, shall be evaluated by a qualified professional and, if necessary,
comprehensive Phase I studies and appropriate mitigation measures shall be incorporated into
project approvals.
B. The City should establish a transmittal system with the Eastern Information Center (EIC) in
which the City may send a location map to the EIC for a transmittal-level records search when a
development proposal is in its initial review phase. The transmittal shall identify the presence or
absence of known cultural resources andlor previousiy performed studies in and near the project
area. The EIC shall also offer recommendations regarding the need for additional studies, where
necessary.
hi toricC. The City shall expand and enhance its histonc preservat on efforts by preparing a s
preservation plan and by considering participation in the Certified Local Govemment program.
D. The City shall also incorporate historic preservation concerns into its zoning ordinance.
E. The City shall establish and maintain an inventory of archaeological and historical resources
within its jurisdiction, including those identified by the Eastern Information Center (EIC) at the
University of California,Riverside and in focused cultural resources studies.
F. The City shall protect sensitive archaeological and historic resources from vandalism and illegal
collection to the greatest extent possible. The City shall maintain mapping and similar
information, which identifies specific locations of sensitive cultural resources, in a confidential
manner, and access to such information shall be provided only to those with appropriate
professional or organizational ties.
G. The City shall support the listing of eligible structures or sites as potential historic landmarks and
their inclusion in the National Register of Historic Place. The City will consult and cooperate
with the Palm Desert Historical Society and other appropriate cultural organizations in
identifying and prioritizing sites which are eligible for listing as a historic landmark or inclusion
in the National Register of Historic Places.
H. The City shall develop an applicadon process for City-sponsored incentives to maintain and
enhance significant buildings and sites, and provide property owners with information and
guidance on eligibility requirements.
J.Iri the event that archaeological resvurces are unexpectedly discovered during construction, the
City shall require that development cease, and a professional archaeologist shall be employed to
examine and document the site to determine subsequent activities and appropriate mitigation
measures.
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Mitigatiot Monitoring/Reporting Program
A, Potential impacts of development projects on cultural resources shall be evaluated through the
Initial Study review process. Impacts shall be clearly documented and mitigation measures
recommended where appropriate.
Responsible Parties: Community Development Department, DeveloperlConsulting
Archaeologist, UC-Riverside Eastern Information Center.
B. City Staff shall review cultural resources reference materials and update City records and
I inventories on an annual basis to assure timely and adequate maintenance of the database.
Responsible Parties: Community Development Department, and UC-Riverside Eastern
Information Center.
H. Air Quality
IThe air quality of a particular locale is a significant factor to public health and welfare. Over the past
two decades, air quality improvements have occurred in Southern California and the Coachella Valley.
However, the region continues to experience significant air pollution problems, particularly those
associated with suspended particulates. The City of Palrn Desert and other surrounding communities
demonstrate their cominitment to improving air quality in the region by implementing air quality
management programs.
1.E cisting Conditions
The Coachella Valley is located within a meteorologically and geographically unique area. The
surrounding mountains shield the valley from coastal influences from the west, and create a hot, low-
lying desert environment. The valley is also prone to air inversions, in which a layer of stagnant air is
trapped near the ground where it is further loaded with pollutants. This process, when combined with
chemical aerosols and other pollutants emitted by automobiles, fumaces and other sources,can result in
considerable haziness and increased pollutant levels.
The Coachella Valley is also subject to strong and sustained winds that pick up and transport large
quantities of sand and dust, depositing these materials on buildings, fabrics and automobiles, thereby
reducing visibility and damaging property. Extensive wind-borne soil can dirty streets, pit windshields
and damage landscaping. Dust on vegetation can interfere with plant respiration and stunt growth. The
adv.erse health effects in humans can be severe and include reduced lung capacity and functioning.
Air Quality Management and Regulation
Air quality management in the proposed General Plan study area is governed by federal and state air
quality standards and regulations pertaining to a variety of air pollutants.
The U.S. Environmental Protection Agency (EPA) implements the federal Clean Air Act (CAA), which
is intended to ensure that all Americans have the basic health and environmental protections with regard
to air quality. The CAA establishes minimum air pollution standards, but allows states to enact and
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project emissions should be compared to the projected future baseline (without mitigation) for the.years
corresponding to project phasing and/or buildout year,i3 The projected future baseline for the Coachella
Valley will be affected less by future growth in the Palm Desert General Plan area and more from
I growth in other valley communities with large amounts of affordable land available for development,
including the aforementioned cities of Desert Hot Springs, La Quinta, Indio, Coachella, and the
unincotporated areas.
I 3.Mitigation Measures
The South Coast Air Quality Management District, CVAG and the City of Palm Desert share
responsibility for monitoring air pollutant levels and regulating air pollution sources. Preservation of the
environment and protection of the general public from harmful air pollutants involves monitoring and
I mitigating activities, which contribute to the degradation of local and regional air quality.
i
A range of mitigation measures developed by federal, state and local agencies can be put into effect
rthroughout the life of the General Plan to reduce pollutant emissions associated with General Plan
buildout. The ongoing implementation and updating af California Title 24 Building Codes, combined
with more efficient use of energy, can contribute to the reduction of impacts of pollutant emissions from
Iheating, cooling, power plants and the consumption of natural gas. Alternative methods of electrical
power generation have and will continue to replace the need for additional fossil fuel-based generating
Icapacity.
In the State of California automobile smog checks aze mandatory and are designed to ensure vehicle
compliance with existing emissions standards. It is feasible that improvements to combustion
Itechnology and an overall decline in air pollutant will occur in the future. Cleaner fuels and more
efficient transportation vehicles are expected to continue to evolve.
Impacts to air quality associated with the adoption and implementation of the proposed General Plan are
potentially significant if left unmitigated. Within the context of the anticipated future baseline,
I mitigation measures set forth below are provided to reduce General Plan air quality impacts to less than
significant levels:
I A. The City shall coordinate and cooperate with CVAG and SCAQNID in the ongoing monitoring
and management of major pollutants affecdng the City and region, with particular focus on PM,o,
and shall provide all required reporting to be ultimately included in SCAQNID's annual report.
B. The Cit shall develo and maintain its General Plan Land Use Element to assure that airYP
pollution point sources, such as manufacturing facilities, are located at an appropriate distance _
from residential areas and other sensitive land uses and receptors.
C. The City shall encourage project developers to develop site plans that integrate buffer zones
Ibetween sensitive receptors and point source emitters such as highways and industrial sources.
I 3
CEQA Air Quality Handbook,"prepared by South Coast Air Quality Management District,April 1993.
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D. The City shall review all development proposals for potential adverse effects on air quality and
as appropriate, require detailed air quality analyses and mitigation measures to address any
potentially significant impacts. Mitigation measures and dust control plans shall be approved by
the City prior to the issuance of grading, construction,demolition or other permits.
E. The City shall encourage the incorporation of energy-efficient design measures in site plans,
including appropriate site orientation to assure solar access.;and the use of shade and windbreak
trees to enhance the use of alternative energy systems and to reduce the need for excessive
heating and cooling.
F. The City shall develop and maintain a diversified transportation.system that maximizes system
efficiencies, minimizes vehicle miles traveled, and reduces the impact of motor vehicles on local
air quality.
G. The City shall continue to promote the development and use of pedestrian-oriented retail centers,
as well as community-wide multi-use trails, dedicated bike lanes, golf cart paths, and other
desirable alternatives to motor vehicle traffic. These components shall be integrated and
perioclacally updated in the General Plan Circulation Element.
H. The City shall implement and coordinate with the SCAQNID and CVAG to assure adequate
monitoring of the effectiveness o transportation management p rograms of employers, including
use of Sunline and other public transportation, coord.inated carpooling, off-peak shift times,
employee fiex-time and other components. As future demand warrants, the City shall promote
and support the development of a Park-and-Ride program to decrease existing and future traffic
levels within the community.
I.The City shall encourage the use of clean alternative energy sources for transportation, heating,
cooling and electrical generation, to the greatest extent practical and shall encourage and
coordinate with its franchise service providers and other public and private service providers to
do same.
J. The City shall continue to implement the Fugitive Dust Control Ordinance applicable to
construction, grading and demolidon activides, on-going land uses, and off-road vehicle use to
reduce PM,o emissions to the greatest extent practical.
K. The City shall continue to provide an effective street sweeping program that combats the
cumulative impacts of blowsand, transportation-related dust generation, and nuisance dust that
result from natural windstorm events.
L. The City shall require the implementation of air qual ty control measures idendfied in the most
current Coachella Valley PMIo State Implementation Plan.
M. A PMIo Management Plan for construction operations shall be submitted with all development
proposals.The plan shall include dust management controls such as:
watering the site and equipment morning and evening
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spreading soil binders on disturbed areas, unpaved roads, and parking areas
operating street-sweepers on paved roads adjacent to site
re-establishing ground cover on construction site through seeding and watering
paving construction access roads, as appropriate
N. To minimize construction equipment emissions, the City shall assure that developers and
contractors shall, as appropriate, implement the following:
wash off trucks leaving the site
require trucks to maintain two-feet of freeboard
properly tune and maintain construction equipment
use low sulphur fuel for construction equipment
O . To reduce construction-related traffic congestion, developers and contractors shall, as
appropriate, implement the following:
encourage rideshare incentives for construction personnel
configure construction parking to minimize traffic interference
minimize obstruction of through-traffic lanes
provide a flag person to ensure safety at construction sites, as necessary
schedule operations affecting roadways for off-peak hours, as practical
P. To minimize indirect-source emissions, developers may also:
implement energy conservation measures beyond state and local requirements
install low-polluting and high-efficiency appliances
install solar water heaters, to the greatest extent feasible
install energy-efficient street,landscape and pazking lot lighting
include energy costs and design efficiency into capital expenditure analyses
landscape with native and other appropriate drought-resistant species to reduce
water consumption and to provide passive solar bene ts
Q. To minimize building energy requirements, developers shall implement the following:
assure the thermal integrity of buildings and, as appropriate, reduce the thermal
load with automated time clock or occupant sensors
use eff'icient window glazing, wall insulation and ventilation methods
use most efficient heating and other appliances, such as water heaters cooking
equipment, refrigerators,furnaces and boiYer units
incotporate appropriate passive solar design and solar heaters
use devices that minimize the combustion of fossil fuels
capture waste heat and re-employ this heat,to the greatest extent practicable
Mitigation Monitoring/Reporting Program
A• The City Community Development Department shall coordinate with South Coast Air Quality
Management District and CVAG to facilitate the maintenance and expansion of the Coachella
Valley's existing air quality monitoring equipment.
Responsible Parties: Community Development Department, SCAQNID, CVAG
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B. The appropriate code enforcement division shall record, consolidate and retain all complaints it
receives concerning air quality degradation from construction sites, vehicle emissions, industrial
generators, and other sources of air quality impacts. A report on air quality complaints and
identified presblems shall be provided in the annual review of the General Plan. In addition,
development may be temporarily halted until inadequate controls or unacceptable conditions are
corrected to the satisfaction of the City and/or SCAQMD.
Responsible Parties: Community Development Department, SCAQMD, CVAG
C. The City Public Warks Department shall monitor the performance of the City's roadways
system, identify areas of congestion and inefficient traffic movement, and develop
recommendations to enhance the performance of all components of the City transportation
system.
Responsible Parties: City Public Works Department, SCAQNID, CVAG
I.Noise
The noise environment can have a signi cant influence on the health and comfort of a community.
Assessment of the noise environment in the General Plan study area involved the preparation of a noise
study by Urban Crossroads. The study examines the existing noise environment in the General Plan
study area and projects the future noise impacts associated with General Plan buildout. This study is
included in its entirety in Appendix E of this document.
1.Existing Conditions
Noise is simply defined as unwanted sound. Excessive noise affects physical health, psychological well
being, social cohesion, property values and economic productivity. The effects of noise on people
include subjective effects, such as annoyance and nuisance; interference with activities such as
conversation and sleep; and psychological effects, ranging from startle to hearing loss. Noise generators
include components of urbanization such as construction equipment and activities, motor vehicles, air
and rail traffic,mechanical equipment, household appliances and other sources.
Generally, the City of Palm Desert enjoys a quiet noise environment, with existing community noise
being dominated primarily by constant motor vehicle traffic on highways and major arterials. The noise
environment of the General Plan study area is also affected by local airport operations. Given its
location, the Bermuda Dunes Airport has the greatest impact in the General Plan study area. Commercial
aviation at the Palm Springs Regional Airport occasionally has an intrusive but intermittent impact on ..
the community's noise environment. However, current airport master plan improvements are projected
to further reduce airport noise exposure in Palm Desert.
Freight rail service along the Union Pacific Railroad lines located immediately south of and parallel to I-
10 are also responsible for generating substantial noise levels in the community. Qther community noise
generators include industrial operations, construction activities, special event noise, live music, home
I
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Commercial and Industrial Noise
Commercial and industrial activities generate noise resulting from loading and docking operations, truck
operations, and mechanical equipment installed both outside and inside buildings. Sensitive noise
receptors adjacent to commercial and industrial land uses are anticipated to experience the significant
impacts of noise associated with commercial and industrial activities. The review of commercial and
industrial projects, particularly those in close proximity to sensitive receptors, for land use and noise
compatibility issues is critical as the General Plan study area continues to expand. The use of new
technologies, combined with the design requirements imposed by the City, including screening and
enclosures for stationary equipment, will help to mitigate potential impacts associated with General Plan
buildout.
Construction Noise
Construction noise constitutes a short-term impact on adjacent land uses. However, significant noise
impacts could result from construction activities such as heavy construction equipment, that can
generate noise levels ranging from 68 dBA to 100 dBA when measured at 50 feet from the noise source.
3.Mitigation Measures
Continued growth and development in the General Plan study area will result in significant impacts
associated with noise. Strategic land use and transportation planning, project design mitigation, and
acoustical barriers contribute highly to the management of the City's noise environment.
Noise Ordinance
In 1985, the City of Palm Desert adopted Title 9, Chapter 9.24 of its Municipal Code, which established
comrnunity-wide noise standards to emphasize the value of an acceptable noise environment. The City
Noise Control Ordinance provides regulations for noise measurement and monitoring and cites special
provisions of, and exemptions to, the ordinance. It is intended to regulate excessive noise from existing
uses and associated activities, and to serve as a reference guide for identifying other pertinent noise
regulations. The Palm Desert Noise Control Ordinance provides definitions of key terms and establishes
exterior noise level standards on a time-of-day basis along with adjustments for intensity and duration.
According to the City Noise Ordinance, the exterior noise one-hour standard for residential land uses is
55 dB between 7 a.m. to 10 p.m. and 45 dB between 10 p.m. to 7 a.m. Violations of the Noise Control
Ordinance are considered as a nuisance and subject to the procedures, remedies and penalties set forth in
the City's Violations/Infractions Ordinance.
Noise Barriers
Because of the linear qualities of noise, barriers, such as walls, can be effective in reducing its impacts. _-
It is important to note, however, that noise barriers must be of sufficient height and length to obstruct the
noise source entirely (generally in Palm Desert this noise source will be the City's roadways).
Reductions of 10 to 15 dB can be achieved with effective, solid walls which block the line of site from a
home to the adjacent roadway.
The noise standards in the General Plan are intended to guide the location of future noise generators and
sensitive land uses. The following mitigation measures shall be implemented to reduce impacts
associated with noise to less than significant level:
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Section III—Existing Conditions,Impacts and Mitigation Measures
Categorical Mitigation Measures
The following discussion describes the specific mitigation measures, which are stated on a categorical
basis to address identified impacts.
Construction Noise
A. The City shall restrict grading and construction activities that may affect residential
neighborhoods and other sensitive land uses to specified days of the week and times of the day.
B. All construction equipment operating in the General Plan study area shall be fitted with well
maintained functional mufflers to limit noise emissions.
C. To the greatest extent feasible, earth moving and hauling routes shall be located away from
nearby existing residences.
D. Any portion of development in the General Plan study area involving blasting or pile driving
operations shall have a focused acoustical study conducted, to establish the level and duration of
off-site noise and vibration impacts and appropriate mitigation measures.
On-Site Stationary Noise Sources
E. The design, selection and placement of the mechanical equipment for various buildings within
the General Plan study area shall include consideration of the potential noise impact on nearby {
residences, both within the any development and in the surrounding community. 1
F.Silencers and/or barriers shall be provided where necessary at outdoor equipment, such as
cooling towers, air cooled condensers and refrigeration compressors/condenser units, and at the
air intake and discharge openings for building ventilation systems.
G. Appropriate sound barriers shall be provided surrounding any and all public facilities capable of
generating disturbing levels of noise, such as water pumping stations.
I
Off-Site Traffic Noise
H. Potential noise impacts shall be considered in the final site plans for all proposed projects within
the General Plan study area. Factors to be considered shall include the strategic arrangement of
housing to provide necessary shielding of outdoor living areas, the incorporation of additional
setbacks from roadways, and/or the construction of additional noise barriers.
I.Project designs shall be required to include measures which assure that interior noise levels for
residential development do not exceed 45 CNEL, as required by Title 25, California Noise
Insulation Standards.
J.Land uses that are compatible with higher noise levels shall be located adjacent to the City's
major arterial roads and highways, including the Interstate-10 cotridor, to maximize noise related
land use compatibility.
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K. The City shall require the preparation of a noise impact analysis for all commercial and industrial
projects which are to be located adjacent to residential land uses or other sensitive land use
designations. The required noise impact analysis shall evaluate potential impacts of the project
and provide for adequate mitigation measures to assure that City standards for residential and/or
other sensitive land uses are maintained.
L. The City shall encourage a City-wide circulation pattern v,hich places primary traffic loads on
major arterials and preserves local neighborhood noise environments by limiting roadways to
local traffic to the greatest extent practical.
Mitigation Monitoring/Reporting Program
A. Establish and periodically update an inventory of existing significant noise sources and
incompatible azeas, and develop procedures to reduce the noise effects on these areas, where
economically and aesthetically feasible.
IResponsible Parties: Community Development Department
I
B. Periodically review land use patterns and the community noise environment, and amend the land
use map as appropriate to assure reasonable and use/noise compatibility.
Responsible Parties: Community Development Department, Planning Commission, City
Council
C. In areas subject to potentially significant noise impacts, the City shall require new development
I to monitor and document compliance with all applicable noise level limits.
Responsible Parties: Community Development Department
Pre-Construction
D. During project-specific site planning and building design, ensure acoustical analysis takes into
consideration the following:
I selection and placement of inechanical equipment for all buildings,
shielding and buffering of inechanical equipment for all buildings,
strategic location of attached residences to provide shielding of outdoor living spaces,
theme wall is constructed to noise barrier specifications,
designate acceptable truck/construction equipment route(s), as appropriate,
construction drawings shall include exact acoustical specifications for window glass in
buildings with unshielded first and second floor windows which experience noise
exposures above CNEL 65 and,
verify that design plans of specific projects within the General Plan study area comply _-
with State Code requirements of unit-to-unit airborne sound isolation
Responsible Parties: Developer, General Contractor and City Community Development
Department
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Durin,g Construction
E. Ensure functional mufflers on all construction equipment.
Responsible Parties: Developer, General Contractor, Building Department
F. Ensure that designated truck/construction equipment routes are being utilized.
Responsible Parties: General and Grading Contractor, Building Department
G. Ensure construction ui ment o erates during the hours set in the Noise Ordinance, except inlPP
emergencies.
Responsible Parties: General Contractor, Building Department
J. Visual Resources
1. Euisting Conditions
Regional Setting
The City of Palm Desert and the Coachella Valley benefit from significant viewsheds created by the
area's geology. On the north, the Valley is bordered by the San Bernardino and Little San Bernardino
Mountains, as well as the Indio Hills. Much of this land, which borders the General Plan study azea, has
been protected as open space in perpetuity by the creation of the Joshua Tree National Monument.
The Indio Hills are south of the Little San Bernardino Mountains. Edom Hill rises to an elevation of
1,614 feet. The Indio Hills are upgradient from the planning area, and can be seen from many parts of
the General Plan study area.Edom Hill, located easterly of the planning area, rises to an elevation of just
over 1,600 feet above sea level.
The San Jacinto Mountains comprise the western boundary of the Coachella Valley, along witn the
significant peak of San Gorgonio. The San Jacinto Mountains rise sharply from the Valley floor, and
represent the steepest gradient in North America. The San Jacinto range, although clearly visible from
most parts of the City, is not immediately adjacent to the General Plan study area.
The General Plan study area is bordered on the south by the Santa Rosa Mountains. The highest peaks
in this range include Toro Peak, at 8,717 feet above sea level, and Santa Rosa Peak at 8,000 feet above
sea level. Through the City, Highway 111 follows roughly the toe of slope of this range, which provides
a'stunning backdrop to the City's built environment.
The San Jacinto and Santa Rosa Mountains were designated a National Monument by Congress in 2000, -
ensuring their preservation as a valuable scenic resource for the long term.
Local Setting
The majority of the City and planning area are located on the Valley floor, at elevations close to sea
level. Only the southern part of the City, located east and west of Highway 74, occurs at more
significant elevations, in the Santa Rosa mountains. Development in south Palm Desert, from EI Paseo
to Bighom Country Club, occurs on the alluvial fan which falls from the Santa Rosa foothills to the
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Draft General Plan EIR
Section III-Existing Conditions,Impacts and Mitigation Measures
Valley floor. The balance of the City and planning area, further south, is designated for open space land
uses, and will not experience development.
The development which has occurred in the City and in adjacent communities abuts the Santa Rosa
mountains, and has created a striking contrast visible from most of the Valley, and therefore its most
significant visual resource.
In the northern portion of the study area, development to date has been limited beyond Interstate 10.
This area is characteristic of the wind-blown sand dunes created by climatic conditions in the area, and
has limited visual value.
2. Project Impacts
Buildout of the Preferred Alternative is expected to result in the continuation of development as
currently occurs in the City. The generally suburban and resort-oriented nature of residential and
commercial development will not change significantly with buildout of the General Plan. The General
Plan also does not propose to significantly change the generally low-rise, and thus low density, types of
structures which have been built in the past.
All development, however, will continue to change the appearance of the Valley floor, and has the
potential to significantly impact the City's scenic viewsheds. This is particularly true in areas of the
study area which have been traditionally under- or undeveloped, in the area north of Interstate 10 to the
San Bernardino Mountains. Careful consideration of the character of this area is important to ts future
integration into the built env ronment of the City. The proposed General Plan includes a number of
policies and programs, located in the Community Design Element, which ensure that the construction of
all types of structures in the future will be sensitive to scenic viewsheds, sunounding development, and
the City's chazacter. The Plan either regulates development, or requires that the zoning ordinance and
municipal code be amended to include standards for development.
The northern portion of the study area is also particularly susceptible to the impacts associated with light
and glare. Since this area is currently under-developed, night time lighting is limited, and .generally
consists primarily of car headlights and outdoor security lighting. As this area develops, the night time
lighting levels are likely to increase, and change its visual character. The General Plan includes
provisions for limited lighting, and policies and programs provided in the Community Design Element
specifically require that outdoor lighting be sensitive to dark sky principles.
The proposed General Plan Land Use Map designates the Santa Rosa Mountains as Open Space. This
designation significantly restricts the potential for development. These measures will limit development -
to the valley floor and preserve the high visual quality of the Santa Rosa Mountains.
3. Mitigation Measures
The following mitigation measures further assure that buildout of the General Plan will have limited
impacts n the City's visual resources.
i
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Section III—Existing Conditions,Impacts and Mitigation Measures
A. Overhead utility lines shall be undergrounded to the greatest extent possible through the
establishment of an undergrounding program and guidelines.
B. The City shall coordinate with utility providers, including but not limited to Southern California
Edison, the Imperial Irrigation District, The Gas Company, and Verizon to assure that utility
infrastructure, including water wells, substations, and switchinglcontrol facilities are effectively
screened to preserve scenic viewsheds and limit visual clutt r.
C. Outdoor lighting shall be limited to the minimum height, number of fixtures, and intensity -
needed to provide sufficient security and identification in each development, making every
reasonable effort to protect the community's night skies.
D. Signage shall be limited to the locations, sizes, and maintenance requirements necessary to
provide functional identification.
E. Commercial and mixed use development projects shall incorporate safe, convenient vehicular
and pedestrian circulation, screened outdoor storage/loading and other unsightly areas, protected
and enhanced outdoor seating areas, appropriate lighting levels, limited signage, and landscaping
designs that preserve and enhance visual resources.
F. Commercial and mixed use development shall be designed with particular attention to limiting
the lighting impacts on adjacent residential neighborhoods.
G. All grading and development proposed within scenic viewsheds, including hillsides, shall be
regulated to minimize adverse impacts to these viewsheds.
Mitigation Monitoring/Reporting Program
A. The City shall maintain and amend the Municipal Code as necessary to assure the design
parameters to which public and private development projects must conform are clearly defined.
Responsibie Parties: Community Development Department,Planning Commission, City
Council.
K. Public Services and Facilities
Schools
1. Existing Conditions
Public education services and facilities are provided to the General Plan study area by two school
districts: Desert Sands Unified School District (DSUSD) and Palm Springs Unified School District
PSUSD). DSUSD serves most of the developed portion of the study area, including lands south of
Frank Sinatra Drive, and lands located north of Interstate-10 and east of Washington Street. The PSUSD
district includes the remainder of the study area, including northwestern Palm Desert and the Thousand
Palms and Sky Valley communities.
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TNlCity of Palm Desert
Draft General Plan EIR
Section IIl—Existing Conditions,Impacts and Mitigation Measures
3. Mitigation Measures
A. Developers will continue to be assessed the statutory school mitigation fees for residential and
commercial development.
B: In the event that developers in the planning area attemp't to utilize Mello-Roos or other types of
public facilities financing districts, both school districts shall be included in discussions to
determine whether funding streams may be used for school facilities. The Districts have the
following alternatives available to mitigate significant impacts to area schools:
Lerok F. Greene State School Building Lease-Purchase Law - This act is an
agreement between school districts and the state to provide for the construction,
reconstruction, or replacement of school facilities by the State Allocation Board.
First priority for future state funding will go to districts with 1) a substantial
enrollment in year- round schools, 2) the ability to raise 50 percent of project
costs, and 3) the opening of a new facility as a year-round school.
Lease-Purchase Arrangements - Many districts may enter into lease-purchase
arrangements with private builders of portable classrooms (Section 39240 and
39290 of the State Education Code). This method can also be used to finance
capital outlay. An additional advantage of lease-purchase agreements is that they
offer the benefits of long-term debt financing without obtaining voter approval of
special taxes or benefit assessments.
Mello-Roos Communitv Facilities Act - Provisions for this funding option are
located in Government Code Section 55311 et. seq. A school district must initiate
proceedings to declare itself a community facilities district to benefit from this
Act. A community facilities district is defined as a governmental entity
established to cacry out specific activities within specifically defined boundaries.
Such a district may engage in the purchase, construction or rehabilitation of any
real or tangible property with an estimated useful life of five years or longer.
Mitigation Monitoring!Reporting Program
A. The City of Palm Desert will consult and cooperate with the Desert Sands and Palm Springs
Unified School Districts to continue to monitor public schools in the General Plan study area, _
and to determine the extent of overcrowding, security issues, low performance on standardized
tests, and other adverse impacts on area schools.
Responsible Parties: Community Development Department, City Council, Desert Sands
Unified School District, Palm Springs Unified School District
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Library TN/City of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
Libraries
1.E sting Conditions
alm Desert Publi Libr
The Palm Desert Public Library is a branch of the Riverside County Library System and is located at 73-
300 Fred Waring Drive. The library encompasses approximately 20,000 square feet of a 40,000 square
foot facility, which it shares with the College of the Desert Library. Although their books and resources
are physically separated, the two libraries have a reciprocity agreement and also share an online research
database and checkout desk. The Palm Desert Public Library contains approximately 75,000 volumes
and is staffed by five full-time employees, 15 part-time employees, and approximately 35 volunteers.
The library operates a youth story-time program and adult computer classes, and supports the County-
wide Literacy Program, which is managed from the Indio Public Library.
The Palm Desert Public Library is a multi-agency facility, which is part of the Riverside County Library
System. Each year, approximately 2.7% of the City's 1% property tax revenue is paid to Riverside
County for basic library operations and services. The City also allocates General Fund revenues to pay
for additional library services, which are above and beyond those provided under the County contract.
Specifically, these funds cover expenses for three additional hours of operation on Thursdays, a
volunteer program and coordinator, special events programs, and a special events coordinator.
Colle e of the Desert Library
The College of the Desert (COD) opened its on-campus library concurrent with the aforementioned
community library in January, 1996. As described above, the library shazes a building and reciprocity
agreement with the Palm Desert Public Library. Ali library services are available to COD students and
the general public. The COD Library contains more than 50,000 volumes. Other features include a
computer lab, local history room, children's story room, community meeting room and seminar rooms.
The City is responsible for funding a portion of ongoing maintenance and structural improvements to the
library.
Thousand Palms Public Library
The Thousand Palms Branch of the Riverside County Library is located at 72-715 La Canada Way. The
library is staffed by one full-time branch manager, two part-time employees, and eight volunteers.
Special community programs include children's story-time, crafts and reading clubs. The County and
residents of Thousand Palms aze raising funds and applying for grants with hope of constructing a
permanent library facility in about 2005 or 2006. The new facility would be located on a donated parcel
of land on Robert Road.
2.Project Impacts
The County of Riverside seeks to maintain an unadopted standard of 2 volumes and 0.5 square feet of
library space per capita.5 Buildout of the General Plan is anticipated to generate approximately 148,387
5 Gary Christmas,Riverside County Librarian,personal communication March,2000.
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Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
residentsb. Based on this projected population and the County's unadopted level of service standards,the
General Plan study area will require about 74,194 square feet of library space and about 296,774
volumes at buildout. It should be noted that, General Plan buildout population is dependent upon actual
levels of development in the General Plan study area.
3.Mitigation Measures
A. The City and County shall continue to monitor and evaluate the existing usage rate and level of
services provided at the libraries in the General Plan study area to determine the need for
additional services and facilities.
B. The City shall consult and coordinate with Riverside County to determine appropriate mitigation
fees necessary to provide adequate library services.
Mitigation Monitoring/Reporting Program
A. The City and County shall continue to monitor library needs and utilization to provide essential
library services to the residents of the General. Plan study area.
Responsible Parties: City Manage, County Librarian
Police Protection
1.Existing Conditions
The City of Palm Desert contracts with the Riverside County Sheriff's Department for police protection
services. The City Police Department operates out of the Palm Desert Station located at 73-520 Fred
Waring Drive. The Palm Desert Station also functions as the Sheriff's base of operations for the cities of
Rancho Mirage and Indian Wells, and unincorporated County lands west of Washington Street,
includ ng the Thousand Palms and Sky Valley communities. Lands east of Washington Street, including
the Bermuda Dunes community, are served by staff based at the Indio Station of the Riverside County
Sheriff's Department.
Police protection services are provided to the City on a 24-hour daily basis. The Palm Desert police
force comprises a total of 70 sworn officers and provides about 1.75 sworn officers for every 1,000
residents, which is comparable to the regional average and provides an effective level of police
protection. The average response Cime for the highest priority emergency calls (code 1) is 4.6 minutes.
2.Project Impacts
Adoption and im lementation of the ro osed General Plan could otentiall enerate a buildoutPPPPYg
population of approximately 148,387 residents.' The proposed General Plan intends to provide a police-
staffing ratio of at least 1.5 sworn officers per 1,000 residents. In order to meet this preferred ratio at
6
Based on exiting and potential new dwelling units associated with proposed Genera{Plan buildout,and 2.A3 persons per
household,added to the existing City population of 43,917 and Planning area population of 22,75b.
Ibid.
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Section III Existing Conditions,Impacts and Mitigation Measures
Pro osed Fire Stations
The City has begun setting aside funds for a new re station to be constructed in the vicinity of Cook
Street and Interstate-10. The station will provide additional fire protection coverage to development in
this vicinity, including the Coachella Valley Campus of California State University, San Bernardino
CSUSB). It is anticipated that the station would be constructed within the next five years, however the
actual construction schedule will depend upon future levels of development.
Fire Marshall Services
IOne of the most important services provided by the Fire Department to the City is that of the Fire
Mazshal, who is responsible for providing project review services for adequate access, building siting
and internal circulation for fire and other emergency vehicles, the need for sprinklers and minimum fire
flows from hydrants, and other design issues associated with fire protection. The Fire rVlarshal also
coordinates department fire inspectors, who inspect each commercial building in the City at least once
each year. The Fire Marshal and inspection staff are provided office space at Station 50 in Rancho
Mirage and serve the three contract cities.
I2.Project Impacts
Continued development and population growth in the General Plan study area is anticipated to increase
demand for fire protection services. Additional fire protection services will include increase in staf ng,
firefighters, fire stations, fire trucks, and rescue vehicles. Increased demand for fire protection services
associated with development in rural areas of the General Plan study area will also involve expansion of
water mains and the provision of new fire hydrants. Additional fire protection services could result in
significant costs to the City. As with police department costs, increases in property and sales tax
revenues will provide funding sources for increased service. As the General Plan study area builds out, it
I will be necessary to evaluate these impacts to fire protection services.
f
3. Mitigation Measures
A. The City shall continue to promote close coordination with the Fire Department for the timely
expansion of services and facilities.
B. The Fire Department shall continue to maintain mutual aid agreements with the cities of Rancho
Mirage and Indian Wells for additional fire protection support.
C. The Fire Department shall continue to review new development ro osals and assess thePP
Department's capacity to provide sufficient fire protection services. This shall include, but is not
limited to, review of internal circulation patterns, street names and numbering systems.
l
D• The City and the Fire Department shall continue to enforce fire codes and other applicable
standards and regulations during review of building plans and conducting building inspections.
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Section III—Existing Conditions,Impacts and Mitigation Measures
E. The siting of industrial facilities which involve storage of hazardous, flammable or explosive
materials shall be conducted in a manner that will ensure the highest level of safety in strict
conformance with the Uniform Fire Code and other applicable regulations.
F. Coordinate with the Coachella Valley Water District and Myoma Dunes Mutual Water Company
to assure adequate water supplies and pressure for existing and proposed development.
Mitigation Monitoring/Reporting Program
A. The Riverside County Fire Department shall inspect all detailed project plans for conformance
with all applicable fire protection requirements.
Responsible Parties: Riverside County Fire Department
Health Care Facilities and Services
1.Existing Conditions
In addition to a number of local physicians' offices and urgent care facilities, several large health care
facilities are located in the vicinity of the General Plan study area. A discussion of major health care
facilities is provided below.
The Eisenhower Medical Center on Bob Hope Drive in Rancho Mirage is the closest medical facilit to
the subject property. The medical center complex encompasses 98± acres consisting of several facilities,
which include the Eisenhower Medical Center, the Annenberg Center for World Health Sciences, the
Betty Ford Center for Chemical Dependency, the Dolores Hope Outpatient Care Center and the Barbara
Sinatra Children's Center. The medical center currently has 261 beds, an intensive care unit and
emergency room. The complex also includes the Community Blood Bank and other office and research
buildings. The Andrew Allen Surgical Pavilion is a state-of-the-art medical surgical facility with ten
operating rooms.
Desert Regional Medical Center is located at 1150 N. Indian Avenue in Palm Springs. It is a private,
non-profit hospital that is licensed for 388 beds and has a 24-hour emergency room and Level II Trauma
Care facility. The hospital has a Home Health Care department that provides in-home nursing care and
household maintenance services. It also includes the Hospice of the Desert Communities, which offers
services for the terminally ill. The Comprehensive Cancer Center of the Desert is a department of the
Desert Regional Medical Center, which provides services to cancer-diagnosed individuals.
John F. Kennedy Memorial Hospital islocated at 47-111 Monroe Street in Indio. In addition to the many --
medical and health services offered at JFK, a 24-hour emergency room and a wide variety of inpatient
and outpatient services are also available. The hospital, with its recent building addition, is currently
licensed for 162 beds and includes 16 beds in the ICU unit and 24 beds in the medicaUsurgical unit.
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Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
2.Project Impacts
Builout of the proposed General Plan is not expected to have any significant adverse impacts on the
medical facilities in the area. As independent facilities, Valley hospitals will continue to plan for growth
in order to accommodate population increases associated with the implementation of the proposed
General Plan. It is expected that all three of the Valley hospitals will expand as needs are identified and
that regional health care facilities will be able to adequately service the future population.
3.Mitigation Measures
Regional and local medical health ca e facilities will continue to plan for growth, and therefore no
mitigation measures are necessary.
Solid Waste Management
1.Euisting Conditions
Solid waste collection and disposal services are provided by Waste Management of the Desert through
an exclusive franchise agreement with the City of Palm Desert. Waste Management also serves the
Thousand Palms,Bermuda Dunes and Sky Valley communities, which aze within the General Plan study
area. Commercial pick-up is offered up to six days per week, and residential pick-up is typically once
per week. Waste Management offers additional services to large waste generators, including restaurants,
retailers, hotels and resorts.
Trash collected in the City and planning area is disposed at the Edom Hill Landfill, approximately four
miles northwest of the Palm Desert city limits. The landfill is owned and operated by Riverside County,
and accepts waste from most Coachella Valley communities. The current operating pernut allows for a
maximum of 2,651 tons of waste per day. During 2000, the landfill received an average of 1,295 tons
per day. In March 2000, the remaining capacity of the landfill was approximately 4.5 million cubic
yards. The landfill is nearing its maximum capacity and is expected to close in 2004.
The City of Palm Desert and other Coachella Valley communities are actively planning for and electing
viable alternative landfill sites. Alternatives considered include Eagle Mountain Landfill, Mesquite
Landfill, Badlands Landfill, Lamb Canyon and the El Sobrante Landfills.
In 1997, the Riverside County Board of Supervisors approved the Eagle Mountain Landfill and
Recycling Center. The landfill will encompass 2,164 acres and a total capacity of 708 million tons with
a life expectancy of 100 years. Litigation has delayed construction of the Eagle Mountain Landfill and __
Recycling Center, therefore, the City must continue to pursue other options for the immediate future.
The Mesquite Landfill in Imperial County is also being purchased by the Los Angeles County Sanitation
District and is expected to have a capacity similar to that of the Eagle Mountain Landfill. Its
construction is also being delayed by litigation, and the future of both these landfills remains unclear.
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Wastewater
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Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
Mitigation Monitoring/Reporting Program
A. The City Community Development Department shall maintain close contact with project
developers to assure the provision and maintenance of recycling containers that correspond with
cunent City programs and those planned in the future.
Responsible Parties: City Community Development Department, Waste Management of the
Desert
Wastewater Collection and Treatment
1.Existing Conditions
Wastewater collection and treatment services are provided by the Coachella Valley Water'District fo the
City of Falm Desert, and majority of the General Plan study area. Wastewater is transmitted through
sewer trunk lines generally ranging in size from 4 to 24 inches, relying primarily on gravity flow.
Effluent from the City is conveyed to CVWD's Cook Street treatment plant (Water Reclamation Plant
No. 10), which has a current capacity of 18 million gallons per day. Effluent from Bermuda Dunes, Del
Webb's Sun City and other development north of Miles Avenue is conveyed to the treatment plant
located at Madison Street and Avenue 38 (Water Reclamation Plant No. 7). This plant treats
approlcimately 2.4 million gallons of wastewater per day, and has a capacity of 5 million gallons per day.
CVWD continually increases the capacity of its plants by constructing new treatment ponds, aeration
plants and other structures.
While much of the General Plan study area is connected to CVWD's sewer system, sevBral areas still
rely on septic systems for wastewater disposal. These areas include Sky Valley and scattered residential
development in the Thousand Palms area. Wastewater contains contaminants, such as nitrogen, bacteria
and organic chemicals that have the .potential to degrade the quality of groundwater and render it
unsuitable for human consumption. The long-term use of septic tanks has been associated with
contamination of groundwater supplies in limited areas of the Coachella Valley.
In 1994., the City adopted Chapter 8.60 of the Municipal Code, an ordinance which re.quires all
properties, buildings and structures to abandon existing septic tanks, seepage pits and/or cesspools and
to connect to the available public sewer system prior to the sale or transfer of ownership. The sewer
connection ordinance also establishes a certificate of compliance process to document abandoning of the
on-lot system and connection to the community sewer system.
Tertiary Treated Water
In an effort to alleviate the impacts of development on groundwater supplies, CVWD has implemented -
the use of tertiary (third stage) treated wastewater for use in golf course, landscape and other irrigation.
Wastewater is typically treated to secondary levels and reintroduced into the groundwater table through
percolation ponds, with passage through sands and soils providing a final stage of filtration. Tertiary
treated water undergoes an additional stage of treatment, making it immediately suitable for irrigation
purposes and decreasing, to some extent, the demand for groundwater resources.
III-170 246
r
Public Services and Facilities
Wastewater TTI/City of Patm Desert
Draft General Plan EIR
Section III—Existing Conditions,Tmpacts and Mitigation Measures
The Cook Street wastewater treatment plant has a tertiary water capacity of 15 million gallons_per day
mgd). The Cook Street plant generates from 1.2 to 7.8 mgd of tertiary treated water, with the average
being approximately 4.4 mgd. The treatment plant at Madison Street and Avenue 38 generates from 0.$
to 2.5 mgd of tertiary treated water, and has a maximum current capacity of 2.5. This plant is planned
for expansion to treat 5 mgd within the next few years.
2.Project Impacts
Buildout of the proposed General Plan will result in an increased demand on existing wastewater
collection and treatment facilities. Domestic wastewater flows average about 100 gallons per capita per
day.9 Based on this factor and the estimated buildout population of 148,387 residents, the General Plan
study area has the potential to generate approximately 14,838,700 gallons of wastewater per day. Actual
wastewater generation rates will be dependent upon future levels of development.
The increase in demand for wastewater collection and treatment services at General Plan buildout may
represent a potential significant increase over the current level of service provided. However, buildout of
the General Plan study area is anticipated to occur gradually, therefore it is safe to assume that the
increase in demand to wastewater collection and treatment services will not be experienced at one time.
Nonetheless, it is necessary that the City and the Coachella Valley Water District continue to monitor
growth trends in the General Plan study area to assure that wastewater services are adequate, as well as
to determine the need and funding for additional facilities.
3.NLt gation Measures
A. All development shall be connected to the city-wide sewer system, to the greatest extent
possible. Septic systems shall be prohibited where soil conditions do not permit percolation.
B. The City shall investigate and evaluate alternative methods of financing a city-wide sewer
system and converting existing septic systems to sewer, including redevelopment funds,
assessments and other funding mechanisms.
C. The City shall cooperate and coordinate with the Coachella Valley Water District to assure that
adequate wastewater collection and treatment facilities ate provided to serve development in the
General Plan study area. .
D. The City shall coordinate with Coachella Valley Water District to monitor the demand for
tertiary treated water within the General Plan study area, and shall investigate the feasibility of
providing tertiary treated water as demand wanants.
9 "
Environrnental I JmpactAnalysisHandbook, prepared by ohn G. Rau and Dav d C.Wooten, 1980.
III-171 247
Public Services and Facilities
Wastewater TN/City of Paim Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
Mitigation Monitoring/Reporting Program
A. The City Community Development Department and Public Works shall confer and coordinate
with the Coachella Valley Water District to develop plans for implementing city-wide sewer
service.
Responsible Parties: City Community Development Department, City Public Works
Department, Coachella Valley Water District
Domestic Water Services
1. E nsting Conditions
Coachella Valley Water District
The Coachella Valley Water District (CVWD) provides domestic water services to the majority of the
City of Palm Desert, including Thousand Palms, and Del Webb's Sun City. CVWD utilizes deep wells
to extract groundwater from the Whitewater River Subbasin. CVWD's domestic water system, which
serves the City, includes 54 wells with an average depth of 900 feet. CVWD also has a total of 27
reservoirs serving the General Plan study area, with an average capacity of 1.8 million gallons. Some of
these reservoirs may also serve pressure zones which extend beyond the study area. The largest (i.e.,
main or trunk) water lines are generally located along section lines, with smaller lines branching into
individual sections.
The Coachella Valley Water District also provides domestic water services to the Sky Valley
community, in the northern portion of the General Plan planning azea. Due to high concentrations of
undesirable minerals, CVWD does not extract water for domestic use from the Desert Hot Springs
Subbasin, which unde rlies the community of Sky Valley. Rather, water delivery infrastructure in this
area includes main lines that transmit water from CVWD wells located in the Mission Creek Subbasin
west of Palm Drive.
Myoma Duaes Mutual Water Company
The Myoma Dunes Mutual Water Company provides domestic water services to the Bermuda Dunes
commutity, except for development along Washington Street, which is served by CVWD. Its five active
wells, drilled to depths of 750 to 800 feet, can each produce 1,700 to 3,200 gallons of potable water per
minute. Three of the production wells discharge water directly into the water distribution system, which
conveys water through distribution water mains ranging in size from 4 to 12 inches in diameter. The two
other wells deliver water directly into a water reservoir near the intersection of 41S` Avenue and
Hermitage Drive. The reservoir has a capacity of one million gallons. Myoma Dunes operates a sixth
well, which is used solely by the Bermuda Dunes Airport and is not connected to the water delivery _.
system.
2.Project Impacts
Continued increases in water demand generated by development in the Coachella Valley, including the
General Plan study area, could have significant cumulative impacts on the region's groundwater supply.
The Coachella Valley Water District has developed water usage factors for a variety of land uses, based
II-172 248
Public Services and Facilities
Domestic Water
TTT/City of Palm Desert.
Draft General Plan EIR ,
Section III—Existing Conditions,Impacts and Mitigation Measures
on usage per acre. Table III-46 illustrates these factors, and the associated acre ges within the General
Plan study area.
Table III-46
General Plan Buildout Water Consum tion
Annual
Consumption Total Annual
Factor (ac-Consumptio
evelo ment T e ft/ac/ r) Acres ac-ftl r)
Iolf Course Developments and Large
esidential Lots(_0.5 ac) 7.36 24,504 180,349
I
A artments and Condominiums 6.36 3,795 24,136
esidential (Lots <0.5 ac) 6.09 14,698 89,511
otels and Motels 8.76 329 2,882
I usiness Offices 5.85 919 5,376
Gasoline Stations 5.12
Su ermarket Sho in Centers 4.81 18b 895
ublic Schools 4.34 521 2,261
etail Sho in Areas 3.05 1,454 4,435
ndustrial Parks &Auto Dealers 2.47 1,100 2,717
otal 47,506 312,562
According to CVWD's usage factors, the buildout of the General Plan will result in usage of 312,562
acre feet of water annually. This analysis assumes maximum buildout of all land uses, and is therefore
expected to be conservative. It should be noted that increases in water consumption will occur gradually,
over the life of the General Plan study area. Actual impacts to domestic water services are dependent
upon the levels and types of development that will occur in the General Plan study area.
Section III-E provides a comprehensive discussion regarding impacts to water resources and quality in
the General Plan study area.
3.Mitigation Measures
A. All future development projects•shall be reviewed by the City, Coachella Valley Water District
t or Myoma Dunes Mutual Water Company to evaluate potential impacts of development
activities on local groundwater resources.
B. The City shall require the development of on-site stormwater retention/detention basins to
enhance infiltration of runoff and the replenishment of groundwater subbasins.
C. The City, Coachella Valley Water District, and Myoma Dunes Mutual Water Company shall
encourage the use of drought tolerant landscaping in pnblic and private development as a means
of water conservation. All development plans shall be required to adhere to the City's landscape
ordinance.
I-173 249
Public Services and Facilities
Domestic Water
TN/City of Palm Desert
Draft General Plan EIR
Section III-Existing Conditions,Impacts and Mitigation Measures
D. The City shall encourage andlor require the installation of low-flush toilets, low-flow
showerheads and faucets in all new construction, in conformance with Section 17921.3 of the
Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and
applicable sections of Title 24 of the StaCe Code.
Mitigation Monitoring/Reporting Program
A. The Community Development Department shall review all development proposals to assess the
potential for adverse effects on water quality and quantity. All development proposals shall be
required to mitigate any significant impacts.
Responsible Parties: City Community Development Department, Coachella Valley Water
District, Myoma Dunes Mutual Water Company,Developers
Electricity
1.Existing Conditions
Southern California Edison
Southern California Edison (SCE) provides electricity to the majority of the Palm Desert General Plan
study area. Its service area includes most of the City of Palm Desert, excluding a portion of the
California State University/San Bernardino (CSSB) Coachella Valley Campus site, Avondale Country
Club and other limited areas south of US Interstate-10 (see Imperial Irrigation District discussion
below), and lands west of Ford Avenue in Sky Valley. SCE's electric power is primarily generated
outside the Coachella Valley, however, it does purchase wind-generated power from local producers.
SCE's facilities include high-voltage transmission lines, which range up to 115 kilovolts (kv) in the City
of Palm Desert and up to 500 kv in the northern portion of the General Plan planning area. Lower-
voltage distribution lines, which are typically gauged at about 12 kv in the study area, provide electricity
to individual residences and other users. Three substations are located within the City of Palm Desert
and are used to step down voltage for local distribution.
The substations include: 1) Silver Spur Substation, located south of Haystack Road and west of Portola
Avenue; 2) Palm Village Substation, located south of Highway 111 and east of Deep Canyon Road; and
3) Concho Substation, located south of Country Club Drive and east of Cook Street, near the Indian
Ridge Country Club. In addition, some circuits from the Santa Rosa Substation, located west of
Monterey Avenue and north of Clancy Lane in Rancho Mirage, feed into the City of Palm Desert.
Imperial Irrigation District
Imperial Irrigation District (IID) is a non-profit, community-owned utility district that serves customers
in Imperial County and parts of Riverside and San Diego counties. IID provides electric service to a
limited portion of the Palm Desert General Plan study area, including the Avondale Country Club, most
of the CSSB Coachella Valley Campus, Sun City, Thousand Palms, Bermuda Dunes and the eastern
portion of Sky Valley. IID obtains its power from a combination of hydroelectric, thermal, diesel, and
III-174 250
Public Services and Facilities
Electri ity TTT/City of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
3.Mitigation Measures
A. Developers shall coordinate and cooperate with Southern California Edison and Imperial
Irrigation District in implementing load management programs which level the demand load on
generating capacities. Every effort shall be made to assure the highest level of energy
conservation available.
B. An ro osed develo ment in the General Plan study area shall be subject to the requirements of YP P P
the Uniform Building Code and Title 24 of the California Administrative Code.
C. Pro'ect develo ers shall be re uired to utilize ener efficient desi n to minimize summer timeJPqgYg
solar gains and reduce air conditioning loads.
D. The use of energy efficient lighting fixtures m developments within the General Plan study area
shall be required.
Mitigation Monitoring/Reporting Program
A. The Community Development Department, Public Works Department, and Building Department
shall inspect all detailed project plans for conformance with Title 24 energy conservation code
requirements. Southern California Edison, Imperial Irrigation District and the City Community
Development Department shall provide developers with references for energy efficient design.
Responsible Parties: City Community Development Department, Public Works Department,
Building Department, Southern California Edison, Imperial Irtigation District
B. Prior to the undergrounding of utility lines, all affected utility companies shall be contacted for
detailed information about system restrictions, district boundaries, and scheduling.
Responsible Parties: Southern California Edison, Imperial Irrigation District, Verizon
California, The Gas Company, Coachella Valley Water District, Myoma Dunes Mutual Water
Company
Natural Gas
1.Elcisting Conditions
The Southern California Gas (SCG) Company provides natural gas services and facilities to the City of
Palm Desert and its General Plan study area. Locally used natural gas originates in Texas and is
transported to the Coachella Valley via three east-west trending high pressure gas transmission lines, -
which cross the valley just north of Interstate-10 and continue west to Los Angeles. The lines include
one 30-inch line and two 24-inch lines, with pressures of 2,000 pounds per square inch (psi).
Within the General Plan study area, high pressure gas lines are located beneath Washington Street,
Highway 111, Sierra del Sol (serving Thousand Palms), and Dillon Road (serving Sky Valley). These
are typically steel lines with pressures of 300 psi. The Washington Street and Siena del Sol lines tap
directly into the major transmission lines north of I-10. Medium pressure distribution lines are located
III-176 251
A
Public Services and Facilities
Natural Gas
TTI/City of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
within the rights-of-way of Country Club Drive, Fred Waring Drive, Monterey Avenue, Cook Street,
and Highway 74. These lines range from 38 to 42 psi, and are typically constructed of 4-inch plastic,
although older lines may be made of steel.
Although most of the City of Palm Desert is connected to the natural gas system, lands west of the Palm
Valley Stormwater Channel, parallel to Highway 74, are not served. Residents in this area use propane
gas as an alternative fuel source.
The Gas Company estimates the average household in its service area consumes 6,600 cubic feet of
natural gas per month. Table III-48 illustrates natural gas consumption factors established by the South
Coast Air Quality Management District(SCAQIVID).
Table III-48
Natural Gas Consumption Factors
Land Use Monthly Consumptio Rate
Single Family Residential 6,665.0 cf/unidmonth
Multiple Family Residential 4,011.5 cf/sq.ft./month
RetaiUShopping Center 2.9 cf/sq.ft/month
Office 2.0 cf/sq.ft/month
HoteUMotel 4.8 cf/sq.ft/month
Industrial 4.8 cf/sq.ft/month
Note: Industrial usage factor used is equivalent to the highest commercial usage factor
provided by SCAQMD. Source: SCAQMD Air Quality Handbook, Appendix to Chapter
9,April 1993
2. Project Impacts
An increase in demand for natural gas services is anticipated as the General Plan study area builds out.
Natural gas consumption is estimated at 614,046,131 cubic feet per month at General Plan buildout. This
figure represents both existing and future developments in the General Plan study area, and assumes
buildout at moderate densities. Actual natural gas consumption will be determined by future levels of
development, individual project designs, and the effectiveness of energy-conserving measures.
Development facilitated by the proposed General Plan will increase the rate of consumption of this non-
renewable source and will contribute to cumulative impacts on the long-term availability of natural gas.
However, General Plan buildout, in and of itself, is not expected to significantly impact natural gas
supplies or the provider's ability to deliver it.
3.Mitigation Measures
A. The City shall strictly enforce Title 24 of the California Administrative Code, which addresses
energy conservation in new developments.
B• Developers shall install the most efficient furnaces, water heaters, pool heaters and other
equipment that use natural gas. Developers shall also encourage the use of kitchen appliances
III-177 252
t Public Services and Facilities
Natural Gas
TN/City of Palm Desert
Draft General Plan EIR
Section III-Existing Conditions,Impacts and Mitigation Measures
that utilize natural gas and shall investigate the possibility of using alternative energy, sources,
including solar and co-generation technologies.
Mitigation Monitoring/Reporting Program
A. The Community Development and Public Works Department shall inspect all detailed project
plans to assure conformance with Title 24 energy Gonservation code requirements. The
Community Development Department shall coordinate with The Gas Company to provide
developers with references for energy efficient design.
Responsible Parties: City Community Development Department, Public Works Department,
The Gas Company
Telephone Service
1.Existing Conditions
Verizon California provides local residential and business telephone services to the General Plan study
area.The Verizon California headquarter is in Thousand Oaks, however local customer service facilities
are located in the cities of Palm Springs and Indio. Verizon services include a variety of basic and
special features, including local and long distance services, calling cards, business 800 numbers, and
voicemail, as well as state-of-the-art data services such as internet and high-speed DSL connections.
The General Plan study area includes three central switching offices, which function as the backbone of
the communications system and aze responsible for the connection of telephone and data transmissions.
Central offices are located in Palm Desert, on the north side of Highway 111, between San Jose and San
Juan Avenues; in Bermuda Dunes, on the east side of Washington Street at Avenue of the States; and in
Thousand Palms, on the west side of Arbol Real, between La Canada Way and Ramon Road. Calls to
the Sky Valley area are handled out of a central switching office in Desert Hot Springs.
2. Project Impacts
Growtfi facilitated by the proposed General Plan will generate additional demands on existing
infrastructure and will require the expansion of telephone services to areas not currently served.
However, no significant impacts are anticipated with the implementation of the proposed General Plan
that will affect the ability of Verizon, California to provide telecommunication services in the General
Plan study azea.
3. Mitigation Measures
A. Developers shall provide re uired ri ht-of-wa for new Verizon conduit s stems to rovide9gYYP
telephone services to their sites.
III-178 q253
Socio—Economic Resources
Mitigation Measures
TN/City of Palm Desert
Draft General Ptan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
persons are likely to purchase their homes, and will occupy units built on lands designated Low Density
residential, which will generate an additional 24,905 units in the City, and 14,261 units in the Sphere
and planning area.
In comparison with the Cunent General Plan, which has the potential to generate 9,663 medium and
high density units within the City limits, and 15,570 medium and high density units in the Sphere and
planning area, the Preferred Alternative land use plan represents•an increase of 47% in the potential for
the City to house its employees in the Medium and High Density Residential land use categories alone.
3.Mitigation Measures
The Draft General Plan includes a number of policies which will serve to guide the City's economic
health in the next several years. The City's aggressive economic development policy will continue to
facilitate the creation of jobs and associated revenues.
A. The City shall monitor the employment generated by its commercial and industrial land uses, and
periodically analyse this generation in comparison to the residential land use allocations to
encourage the provision of adequate housing for as many of its workers as practical.
B . The Cit shall evaluate new develo ment or redevelo ment to assure that these usesYPP
icomplement, support and are compatible with the City's core economic assets.
C. The City shall consider economic implications of annexations as part of the approval process for
annexation requests.
D. The City shall continue to encourage the development of hotels, resort hotels and timeshare
Iprojects in the City.
E. The City shall continue to encourage the development of new and expanded educational facilities
of all levels in the City.
F. The City shall be aggressive in its retention of existing businesses and recruitment of new
businesses that complement the City's core economic assets.
I
G. The City shall coordinate its Capital Improvement plans to assure the provision of adequate
infrastructure to support and facilitate development of commercial and light industrial projects
which expand the City's economic base.
I H. All projects shall contribute their fair share of on- and off-site improvements required to upport
their site.
I.The City shall routinely review and revise, as necessary, the allocation of revenues required to
mitigate the impacts of growth.
1
III-203 254
Socio—Economic Resources
Mitigation Measures
TTt/City of Palm Desert
Draft General Plan EIR
Section III—Existing Conditions,Impacts and Mitigation Measures
J.Prior to any annexation effort, the City shall evaluate the feasibility of annexing land to assure its
economic and fiscal viability.
K. The City Zoning Ordinance and Development Code shall be updated, revised and expanded to
assure analysis regimes and standards ancl guidelines that assure adequate protection of the City's
core economic interests and especially the preservation of the natural environment.
Mitigation Monitoring and Reporting Program
A. The City shall continue to monitor economic growth and focus its Economic Development
efforts in areas of retail, resort and educational services.
Resgonsible Parties: City Council,Redevelopment Agency, City Manager.
B. The Cit shall anal se land use develo ment atterns annuall , and determine whetherYYPPY
amendments to the land use map are required to encourage a balance of housing and jobs.
Responsible ParNes: City Council, Community Development Department
C. The City shall prepare economic feasibility analyses for all potential annexation efforts, as part
of the decision-making process for annexations.
Responsible ParNes: City Council, City Manager, Community Development Department.
III-204 255
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: July 18, 2024
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of July 18, 2024
Below you will find questions received from the Mayor or Councilmembers and answers provided by
City staff regarding tonight’s City Council meeting:
ITEM 3a: ADOPTION OF A RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL
YEAR 2024-25
ITEM 3b: ADOPTION OF A RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL
YEAR 2024-25
Q1: When did these levies begin?
A1: With almost any special tax, it is customary to name them according to their inception date; so the
2005-1 was initiated in 2005. And the 2021-1 was initiated in 2021. The levies begin following the
issuance of the associated debt.
Q2: Is there a link to the original staff report when the CFD was started for each?
A2: Click here for the Staff Report for Formation of CFD 2005-1.
Click here for the Staff Report for the Formation of CFD 2021-1.
Q3: How much is outstanding for each bond?
A3: Below is an excerpt from the 2022-23 ACFR. The balance of the bonds listed below, upon final close
of FY 2023-24, will be $34,890,000 (excluding any payoffs by property owners). In February 2024,
the City Council approved the second tranche (Series 2024) for the CFD 2021-1 bonds. That adds
$11,600,000 for an estimated total balance of $46,490,000 for all assessment and facilities districts.
There are two additional special assessments/bonds issues on behalf of property owners that are
considered “with Government Commitment.”
256
07/18/2024 Question & Answer Memo
Page 2 of 2
In 2004, the Highlands Neighborhood approved an assessment district w/bonds issued to fund
their utility undergrounding. The Highlands AD bonds are considered “limited obligation” only to
the extent that the assessment collections are insufficient to pay t he debt service (the City has a
potential obligation to provide additional funds to pay the debt service). In 2009, debt was issued
to fund the Energy Independence Program (EIP). Similar to the Highlands, if assessment
collections to pay debt service are insufficient, the City has a potential obligation to provide
additional funds to pay the debt service. The balance of the bonds listed below, upon final close
of FY 2023-24, will be $1,084,000 (excluding any payoffs by property owners).
Q4: How much does the city have in outstanding bonds?
The City does not currently have any outstanding bonds and is debt free. The bonds associated
with the AD’s/CFD’s are issued by the City on behalf of, and at the request of the property owners
to assist with financing the public improvements required for their developments. As mentioned
above, the City only has a limited obligation if the Highlands AD or EIP assessment collections
are not sufficient to pay their debt service.
257
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: July 18, 2024
PREPARED BY: Veronica Chavez, Director of Finance
REQUEST: ADOPTION OF A RESOLUTION AUTHORIZING THE LEVY OF A
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1
(UNIVERSITY PARK) FOR FISCAL YEAR 2024-25
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA,
AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO.
2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25.”
BACKGROUND/ANALYSIS:
The CFD is located in the area north of Desert Willow between Portola and Cook Street whose
improvements are financed by the issuance of the CFD’s $15.2 million refunding bonds issued
to fund the remaining public improvements.
Annually, the City Council must approve the levy of the special tax. Staff requests that the City
Council authorize the levy of a special tax to pay for costs and expenses related to this District.
The maximum rate of the special tax for the next fiscal year is attached to the resolution as
Exhibit A. Approval of the resolution will allow the County Auditor to collect taxes as they beco me
due.
FINANCIAL IMPACT:
The CFD 2021-1A (University Park) bonds are repaid through taxes collected on the respective
parcels located within the boundaries. Approval of the resolution will allow the parcels to be
levied for the 2024-25 tax year and provide the city with the funds to pay the debt service on a
timely basis.
ATTACHMENTS:
1. Resolution
2. Exhibit “A” – Proposed Special Tax Rates
258
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA,
AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL
YEAR 2024-25
WHEREAS, the City Council of the City of Palm Desert (hereinafter referred to as
the "Agency"), has initiated proceedings, held a public hearing, conducted an election and
received a favorable vote from the qualified electors relating to the levy of a special tax in
a Community Facilities District, as authorized pursuant to the terms and provisions of the
"Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California. Community Facilities Distri ct No. 2021-1
shall hereinafter be referred to as "District" and,
WHEREAS, this City Council, by Ordinance as authorized by Section 53340 of the
Government Code of the State of California, has authorized the levy of a special tax to
pay for costs and expenses related to said District, and this City Council intends to
establish the specific rate of the special tax to be collected for the next fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the special tax rates for each tax category to be used to generate
special tax revenues, which will be collected to pay for the costs and expenses for the
next fiscal year (2024-25) for the referenced District, is hereby determined and
established as set forth in the attached, referenced and incorporated Exhibit “A”.
SECTION 3. That the rate as set forth above does not exceed the amount as previously
authorized by Ordinance of this Council, and is not in excess of that as previously
approved by the qualified electors of the District.
SECTION 4. The special tax shall be collected in the same manner as ordinary ad
valorem property taxes are collected, and shall be subject to the same penalties,
procedures and sale in case of any delinquency for ad valorem taxes. The Tax Collector
is hereby authorized to deduct reasonable administrative costs incurred in collecting any
said special tax.
SECTION 5. Monies above collected shall be paid into the District funds.
SECTION 6. The Auditor of the County is hereby directed to enter in the next County
assessment roll on which taxes will become due, opposite each lot or parcel of land
effected in a space marked "public improvements, special tax" or by any other suitable
designation, the installment of the Special Tax, and for the exact rate and amount of said
tax, reference is made to the attached Exhibit “A”.
259
Resolution No. 2024-____ Page 2
2
SECTION 7. The County Auditor shall then, at the close of the tax collection period,
promptly render to this Agency a detailed report showing the amount and/or amounts of
such Special Tax installments, interest, penalties and percentages so collected and from
what property collected, and also provide a statement of any percentages retained for the
expense of making any such collection.
SECTION 8. Special Taxes are to be levied on non -exempt parcels within the District.
Should it be discovered that any taxable parcels are not submitted to the County Auditor
for inclusion into the 2024-25 Tax Roll subsequent to the submittal deadline of August 10,
2024, the City Council directs the City of Palm Desert staff or their agents to bill such
parcels directly via U.S. mail using the rates as approved in Exhibit “A”.
ADOPTED ON ________________, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
260
Resolution No. 2024-____ Page 3
3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Desert on _______________________,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
261
Exhibit “A”
Community Facilities District No. 2021-1
(University Park)
Proposed Special Tax Rates
Fiscal Year 2024-25
The following tables summarize the Assigned and the Proposed Special Tax Rates relating to each land
use class.
Zone 1
(1)The Assigned Special Tax for Developed, Provisional Welfare, Provisional, Approved, and Undeveloped Property shall be
increased by two percent (2%) of the amount in effect the prior Fiscal Year.
(2)The Proposed Special Tax Rates to be Levied for Fiscal Year 2024/2025 will not exceed the Assigned Special Tax Rates
described above.
Zone 2
(1)The Assigned Special Tax for Developed, Provisional Welfare, Provisional, Approved, and Undeveloped Property shall be
increased by two percent (2%) of the amount in effect the prior Fiscal Year.
(2)The Proposed Special Tax Rates to be Levied for Fiscal Year 2024/2025 will not exceed the Assigned Special Tax Rates
described above.
LAND USE CLASS SPECIAL TAX RATE
MULTIPLIER
RESIDENTI
AL FLOOR
AREA
ASSIGNED
SPECIAL TAX
RATE(1)
PROPOSED
SPECIAL TAX
RATE(2)
Developed & Provisional Welfare Property
1 Single Family Property Per Residential Unit ≥2500 $2,440.77 $2,440.77
2 Single Family Property Per Residential Unit 2400-2499 $2,361.18 $2,361.18
3 Single Family Property Per Residential Unit 2300-2399 $2,308.12 $2,308.12
4 Single Family Property Per Residential Unit 2200-2299 $2,228.53 $2,228.53
5 Single Family Property Per Residential Unit 2100-2199 $2,148.94 $2,148.94
6 Single Family Property Per Residential Unit 2000-2099 $2,042.82 $2,042.82
7 Single Family Property Per Residential Unit 1900-1999 $1,697.93 $1,697.93
8 Single Family Property Per Residential Unit 1800-1899 $1,644.87 $1,644.87
9 Single Family Property Per Residential Unit < 1800 $1,353.04 $1,353.04
10 Non-Residential Property Per Acre NA NA NA
Provisional, Approved, &
Undeveloped Property
Per Acre NA $16,362.76 $16,362.76
LAND USE CLASS SPECIAL TAX RATE
MULTIPLIER
RESIDENTIAL
FLOOR AREA
ASSIGNED
SPECIAL
TAX
RATE(1)
PROPOSED
SPECIAL TAX
RATE(2)
Developed& Provisional Welfare Property
1 Single Family Property Per Residential Unit ≥3400 $3,210.15 $3,210.15
2 Single Family Property Per Residential Unit 3200-3399 $3,157.09 $3,157.09
3 Single Family Property Per Residential Unit 3000-3199 $3,050.97 $3,050.97
4 Single Family Property Per Residential Unit 2800-2999 $2,971.38 $2,971.38
5 Single Family Property Per Residential Unit 2600-2799 $2,838.73 $2,838.73
6 Single Family Property Per Residential Unit 2400-2599 $2,785.67 $2,785.67
7 Single Family Property Per Residential Unit 2200-2399 $2,759.14 $2,759.14
8 Single Family Property Per Residential Unit 2000-2199 $2,732.61 $2,732.61
9 Single Family Property Per Residential Unit < 2000 $2,626.48 $2,626.48
10 Non-Residential Property Per Acre NA NA NA
Provisional, Approved, &
Undeveloped Property
Per Acre NA $20,504.66 $20,504.66
262
Resolution No. 2024-____ Page 5
5
Zone 3
(1)The Assigned Special Tax for Developed, Provisional Welfare, Provisional, Approved, and Undeveloped Property shall be
increased by two percent (2%) of the amount in effect the prior Fiscal Year.
(2)The Proposed Special Tax Rates to be Levied for Fiscal Year 2024/2025 will not exceed the Assigned Special Tax Rates
described above.
LAND USE CLASS SPECIAL TAX RATE
MULTIPLIER
RESIDENTIAL
FLOOR AREA
ASSIGNED
SPECIAL
TAX
RATE(1)
PROPOSED
SPECIAL TAX
RATE(2)
Developed & Provisional Welfare Property
1 Single Family Property Per Residential Unit ≥2500 $2,440.77 $2,440.77
2 Single Family Property Per Residential Unit 2400-2499 $2,361.18 $2,361.18
3 Single Family Property Per Residential Unit 2300-2399 $2,308.12 $2,308.12
4 Single Family Property Per Residential Unit 2200-2299 $2,228.53 $2,228.53
5 Single Family Property Per Residential Unit 2100-2199 $2,148.94 $2,148.94
6 Single Family Property Per Residential Unit 2000-2099 $2,042.82 $2,042.82
7 Single Family Property Per Residential Unit 1900-1999 $1,697.93 $1,697.93
8 Single Family Property Per Residential Unit 1800-1899 $1,644.87 $1,644.87
9 Single Family Property Per Residential Unit < 1800 $1,353.04 $1,353.04
10 Apartment Property Per Residential Unit NA $0.00 $0.00
11 Non-Residential Property Per Acre NA NA NA
Provisional, Approved, &
Undeveloped Property
Per Acre NA $24,049.09 $24,049.09
263
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: July 18, 2024
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of July 18, 2024
Below you will find questions received from the Mayor or Councilmembers and answers provided by
City staff regarding tonight’s City Council meeting:
ITEM 3a: ADOPTION OF A RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL
YEAR 2024-25
ITEM 3b: ADOPTION OF A RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL
YEAR 2024-25
Q1: When did these levies begin?
A1: With almost any special tax, it is customary to name them according to their inception date; so the
2005-1 was initiated in 2005. And the 2021-1 was initiated in 2021. The levies begin following the
issuance of the associated debt.
Q2: Is there a link to the original staff report when the CFD was started for each?
A2: Click here for the Staff Report for Formation of CFD 2005-1.
Click here for the Staff Report for the Formation of CFD 2021-1.
Q3: How much is outstanding for each bond?
A3: Below is an excerpt from the 2022-23 ACFR. The balance of the bonds listed below, upon final close
of FY 2023-24, will be $34,890,000 (excluding any payoffs by property owners). In February 2024,
the City Council approved the second tranche (Series 2024) for the CFD 2021-1 bonds. That adds
$11,600,000 for an estimated total balance of $46,490,000 for all assessment and facilities districts.
There are two additional special assessments/bonds issues on behalf of property owners that are
considered “with Government Commitment.”
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07/18/2024 Question & Answer Memo
Page 2 of 2
In 2004, the Highlands Neighborhood approved an assessment district w/bonds issued to fund
their utility undergrounding. The Highlands AD bonds are considered “limited obligation” only to
the extent that the assessment collections are insufficient to pay t he debt service (the City has a
potential obligation to provide additional funds to pay the debt service). In 2009, debt was issued
to fund the Energy Independence Program (EIP). Similar to the Highlands, if assessment
collections to pay debt service are insufficient, the City has a potential obligation to provide
additional funds to pay the debt service. The balance of the bonds listed below, upon final close
of FY 2023-24, will be $1,084,000 (excluding any payoffs by property owners).
Q4: How much does the city have in outstanding bonds?
The City does not currently have any outstanding bonds and is debt free. The bonds associated
with the AD’s/CFD’s are issued by the City on behalf of, and at the request of the property owners
to assist with financing the public improvements required for their developments. As mentioned
above, the City only has a limited obligation if the Highlands AD or EIP assessment collections
are not sufficient to pay their debt service.
265