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HomeMy WebLinkAboutAgenda Package - Palm Desert City Council - Regular Meeting_Aug22_2024PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, August 22, 2024 Closed Session - 3:15 p.m., Regular Session - 4:00 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. WATCH THE MEETING LIVE: Watch the City Council meeting live at the City's website: www.palmdesert.gov under the "Council Agenda" link at the top of the homepage, or on the City's YouTube Channel. OPTIONS FOR PARTICIPATING IN THIS MEETING: If unable to attend the meeting in person, you may choose from the following options: OPTION 1: VIA EMAIL Send your comments by email to: CityClerk(cDpal mdesert.gov. Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting. OPTION 2: LIVE VIA ZOOM 1. Access via palmdesert.gov/zoom or zoom.us, click "Join Meeting" and enter Webinar ID 833 6744 9572. OPTION 3: LIVE VIA TELEPHONE 1. (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #. 2. Indicate that you are a participant by pressing # to continue. 3. During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. City Council Meeting Agenda August 22, 2024 Pages 1. CALL TO ORDER - CLOSED SESSION - 3:15 P.M. 2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three - minute time limit. Speakers may utilize one of the three options listed on the first page of this agenda. 3. RECESS TO CLOSED SESSION 4. CLOSED SESSION AGENDA The following items will be considered in closed session: RECOMMENDATION: The following items were considered in closed session: 4.a Closed Session Meeting Minutes: July 11, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: Approximately 30+ acres of undeveloped land near the intersection of Desert Willow Drive and Willow Ridge APNS: 620-450-012, 620-450-013, 620-450-014, 620-450-016, 620- 450-017, 620-450-018, 620-450-020 Agency: Successor Agency to the Palm Desert Redevelopment Agency City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Kam Sang Company, Inc. Under Negotiation: Price and Terms 4.c Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Attorney 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Mayor Quintanilla 7. INSPIRATION Mayor Pro Tern Harnik 8. REPORT OF CLOSED SESSION City Attorney Shah 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a PROCLAMATION: FIND FOOD BANK - HUNGER ACTION MONTH 15 9.b PRESENTATION: FASHION WEEK FOOD & WINE RECAP - PALM 21 SPRINGS LIFE 9.c UPDATE: PALM DESERT IHUB 2 City Council Meeting Agenda August 22, 2024 10. CITY MANAGER COMMENTS 10.a SHERIFF DEPARTMENT UPDATE 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 12. NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 13. CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three -minute time limit. Individual items may be removed by the City Council for a separate discussion. RECOMMENDATION: To approve the consent calendar as presented. 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND 95 HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of July 11, 2024. 13.b APPROVAL OF WARRANT REGISTERS 111 RECOMMENDATION: Approve the warrant registers issued for the period 7/10/2024 to 8/09/2024. 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE 195 LICENSES RECOMMENDATION: Received and file application for alcoholic beverage license for: Eat Wonder, LLC 74275 Hwy 111, Palm Desert, California 92260-4117 13.d ACCEPT CONTRACT No. C43210 FOR CONSTRUCTION OF THE CIVIC 199 CENTER PARK FITNESS, SHADE AND FURNISHINGS IMPROVEMENTS AS COMPLETE RECOMMENDATION: 1. Accept Contract No. C43210 with PS Commercial Play, Inc., for the Civic Center Park Fitness, Shade and Furnishings Improvements Project as complete. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. 3 City Council Meeting Agenda August 22, 2024 13.e RESOLUTION SETTING THE CITY COUNCIL REGULAR MEETING 205 SCHEDULE FOR THE CALENDAR YEAR 2025 RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2025." 13.f RESOLUTION APPROVING THE LIBRARY SERVICES' INTERNET USE 211 AND PROHIBITION ON YOUTH BULLYING POLICIES RECOMMENDATION: Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING LIBRARY SERVICES' INTERNET USE AND PROHIBITION ON YOUTH BULLYING POLICIES." 13.g APPROVE THE PURCHASE OF TWO SCULPTURES FROM THE 221 2023/24 EL PASEO SCULPTURE EXHIBITION RECOMMENDATION: Approve the purchase of The Seeker by Delos Van Earl in the amount of $12,000, and SWIRLY GIRL (Female Superhero) by Karen & Tony Barone in the amount of $17,700 from the 2023/24 El Paseo Sculpture Exhibition for inclusion in the City of Palm Desert's permanent public art collection. 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements. 3. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 13.h APPROVE THE PURCHASE OF 19 TRAFFIC SIGNAL CABINETS FOR 235 TRAFFIC SIGNAL HARDWARE UPGRADES (PROJECT NO. MTS00003) RECOMMENDATION: Approve the purchase of 19 traffic signal cabinets for Traffic Signal Hardware Upgrades to Econolite Control Products, Inc., in the amount of $381,718.67. 2. Authorize the City Manager to execute all documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 13.i APPROVE THE RELOCATION OF RECYCLE BY JOHN BRANSTETTER 241 RECOMMENDATION: Approve the relocation of Recycle sculpture by John Branstetter, currently located on El Paseo, to the Burrtec Waste Management Recycle Center on Corporate Way. Il City Council Meeting Agenda August 22, 2024 13.j AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN 253 REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC. RECOMMENDATION: 1. Authorize the purchase of bench and waste bin replacements for El Paseo from Outdoor Creations, Inc., in the amount of $212,095.10. 2. Authorize appropriation in the total amount of $212,095.10 from Reallocated Capital Improvement Bond Proceed Funds to Account Number 4514679-5000102. 3. Authorize the City Attorney to make necessary nonmonetary changes to the agreement. 4. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action. 13.k AUTHORIZE OUT-OF-STATE TRAVEL FOR TWO PROJECT 275 MANAGERS TO ATTEND THE AMERICAN PUBLIC WORKS ASSOCIATION CONFERENCE IN ATLANTA, GEORGIA RECOMMENDATION: Authorize out-of-state travel for two project managers to attend the American Public Works Association Conference on September 8 -11, 2024, in Atlanta, Georgia. 13.1 RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE 277 RECORDS FROM DEVELOPMENT SERVICES DEPARTMENT, CODE COMPLIANCE DIVISION IC]xK6]►TA lul210l9]_49Is] ilk I Adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE DEVELOPMENT SERVICES — CODE COMPLIANCE DIVISION, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022); RECORDS FROM 2017 THROUGH 2O19 (EXHIBIT A)." 13.m FIRST AMENDMENT TO GERALD FORD APARTMENTS, LP HOUSING 283 AGREEMENT TO DELINEATE THE NUMBER OF 2-BEDROOM AND 3- BEDROOM UNITS RECOMMENDATION: 1. Approve Amendment No. 1 by and between the City of Palm Desert and Gerald Ford Apartments, a California Limited Partnership ("Owner"), in accordance with the conditions of approval of the development of 150 units known as Gerald Ford Apartments, a multifamily rental housing projected located at 75580 Gerald Ford Drive, Palm Desert, California ("Project"). 2. Authorize the Mayor and/or City Manager to execute Amendment No. 1 and authorize the City Clerk to record Amendment No. 1. 5 City Council Meeting Agenda August 22, 2024 13.n AWARD A CONTRACT TO PAVEWEST, INC., FOR THE PARKING LOT 337 REHABILITATION AND MAINTENANCE PROGRAM (PROJECT NO. MPL00002) RECOMMENDATION: Award a contract to PaveWest, Inc., for the Parking Lot Rehabilitation and Maintenance Program in an amount not to exceed $368,000 for the first year and $500,000 annually thereafter for a one-year term with four one-year extensions. 2. Appropriate $97,742 from Presidents' Plaza III — Parking Lot Maintenance Reserve Fund to Account No. 2824373-4332100. 3. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 4. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 13.o RESOLUTION APPROVING ADMINISTRATIVE POLICY REGARDING 381 THE USE OF OTHER POWER -DRIVEN MOBILITY DEVICES RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ADMINISTRATIVE POLICY REGARDING THE USE OF OTHER POWER - DRIVEN MOBILITY DEVICES." 13.p OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO 389 ATTEND THE LAS VEGAS SOUVENIR & RESORT GIFT SHOW RECOMMENDATION: Approve out-of-state travel for the Public Affairs Manager to attend the Las Vegas Souvenir & Resort Gift Show from September 17-20, 2024. 13.q APPOINTMENTS TO THE MOBILE HOME PARK RENT REVIEW BOARD 391 RECOMMENDATION: Appoint Jann Buller, Andrew Firestine, and John Greenwood to the Mobile Home Park Rent Review Board for a one-year term, ending June 30, 2025. 13.r RESOLUTION DESIGNATING AUTHORIZED AGENTS FOR APPLYING 393 FOR THE YOUTH COMMUNITY ACCESS GRANT RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, AND CITY TREASURER AS AUTHORIZED AGENTS APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH COMMUNITY ACCESS GRANT PROGRAM." 9 City Council Meeting Agenda August 22, 2024 13.s ORDINANCE NO. 1416 TO AMEND MULTIPLE SECTIONS OF TITLE 25 397 OF THE PALM DESERT MUNICIPAL CODE AND FINDING THE ACTION EXEMPT PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Adopt Ordinance No. 1416 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT FOR SECTIONS 25.16.030, 25.18.040, 25.28.070, 25.34.120, 25.68.020, AND 25.99.020 OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)." 13.t RESOLUTION APPROVING AN ADMINISTRATIVE POLICY REGARDING 419 THE USE OF SERVICE ANIMALS RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE OF SERVICE ANIMALS." 13.0 AWARD CONTRACT C47630 TO ECONOLITE SYSTEMS, INC. OF 425 ANAHEIM, CALIFORNIA, FOR THE TRAFFIC SIGNAL HARDWARE UPGRADES (PROJECT NO. MTS00003) RECOMMENDATION: Award Contract No. C47630 to Econolite Systems, Inc., of Anaheim, California, for the Traffic Signal Hardware Upgrades in the amount of $211,487.75, plus a contingency of $30,000 for unforeseen conditions. 2. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. 13.v RESOLUTION AMENDING THE PET REIMBURSEMENT POLICY TO 455 INCLUDE MICROCHIPPING AND INCREASE THE REIMBURSEMENT AMOUNT FOR SPAYING AND NEUTERING RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PET REIMBURSEMENT POLICY FOR THE CITY OF PALM DESERT." 7 City Council Meeting Agenda August 22, 2024 13.w ACCEPT CONTRACT NO. C46270 FOR CONSTRUCTION OF THE 461 PALM DESERT AQUATIC CENTER AND FREEDOM PARK SHADE IMPROVEMENTS AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION IV: 8 to]►TAIf•12101OWN 1[6],A Accept Contract No. C46270 with USA Shade and Fabric Structures (USA Shade) for the Palm Desert Aquatic Center and Freedom Park Shade Improvements Project as complete. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. 13.x REDUCTION OF THE SUBDIVISION FAITHFUL PERFORMANCE BOND, 467 AND RELEASE OF THE SURVEY MONUMENTS BOND, AND THE ROUGH GRADING BOND FOR TRACT MAP NO. 37506-2, UNIVERSITY PARK PHASE II RECOMMENDATION: Authorize the City Engineer to reduce Subdivision Faithful Performance Bond No. 800134560 for Tract Map No. 37506-2 to $1,462,430. 2. Authorize the City Engineer to release Survey Monuments Bond No. 800134560 for Tract Map No. 37506-2. 3. Authorize the City Engineer to release Grading Bond No. 800134559 for Tract Map No. 37506-2. 13.y AWARD CONTRACT C47860 TO ALL AMERICAN ASPHALT FOR THE 503 HAYSTACK ROAD TRAFFIC CALMING AND SAFETY IMPROVEMENTS PROJECT, PROJECT NO. CST00006 RECOMMENDATION: Award a Contract C47860 with All American Asphalt, of Corona, CA, in the amount of $551,177, plus a 10% contingency, for the Haystack Road Traffic Calming and Safety Improvements Project, Project No. CST00006. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and any written requests for change orders up to contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion. City Council Meeting Agenda August 22, 2024 13.z AWARD CONTRACT C47830 TO GRANITE CONSTRUCTION 529 COMPANY FOR THE PD LINK PHASE 2 PROJECT, PROJECT NO. CST00005 RECOMMENDATION: Award Contract C47830 with Granite Construction Company of Indio, CA, in the amount of $1,166,000, plus a 10% contingency, for the PD Link Phase 2 Project, Project No. CST00005. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion. 13.aa AWARD A CONTRACT FOR THE ON -CALL CITYWIDE ADA CURB 563 RAMP MODIFICATIONS AND SIDEWALK REPLACEMENT PROGRAM (PROJECT NO. MST00013) RECOMMENDATION: Award a contract to We R Builders, Inc., for the On -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program in an annual amount not to exceed $600,000, for a three- year term with the option of two one-year extensions. 2. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 3. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and to review and approve written contract amendment requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 9 City Council Meeting Agenda August 22, 2024 13.ab REVISE FISCAL YEAR 2024-25 ALLOCATION OF PERMANENT LOCAL 613 HOUSING ALLOCATION PROGRAM FUNDS PURSUANT TO CONDITIONAL AWARD LETTER IN THE AMOUNT OF $439,873 RECOMMENDATION: Authorize Director of Finance to reduce Fiscal Year 2024-25 Permanent Local Housing Allocation (PLHA) Grant Revenue Account No. 2250000-3340000 in the amount of $521,016, to reflect revised award in the amount of $439,873. 2. Authorize Director of Finance to reduce PLHA Transfer Out Account No. 2254199-4501000 to General Fund Account No. 1100000-3910000 in the amount of $165,000 for a restated Transfer Out from PLHA of $100,000 in accordance with revised award from PLHA. 3. Authorize Director of Finance to increase PLHA Transfer Out Account No. 2254199-4501000 to General Fund Account No. 1100000-391000 in the amount of $141,873 to reimburse costs associated with prior year FY 2023-24 expenditures. 14. 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. 14.a RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 AND 621 GRADING, SUBDIVISION IMPROVEMENT, AND MAINTENANCE AND EASEMENT AGREEMENTS RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP NO. 38431-1." 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements. 3. Authorize the City Manager to execute the agreements related to grading and subdivision improvement. 4. Authorize the Mayor to execute an agreement for the construction and maintenance of a portion of public right-of-way. 14.b PROPOSAL FOR A FARMERS' MARKET ON EL PASEO 917 RECOMMENDATION: Reject the proposal to hold a Farmers' Market on El Paseo every Saturday from 8 a.m. to 1 p.m. from October through May. 14.c ADOPT THE UPDATED MILLS ACT PROGRAM APPLICATION MANUAL 955 RECOMMENDATION: Adopt the updated Mills Act Program Application Manual. 10 City Council Meeting Agenda August 22, 2024 14.d CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE 991 PALM SPRINGS IN COACHELLA VALLEY RECOMMENDATION: 1. Consider approval of a community event sponsorship in the amount of $30,000 payable to CVSPIN, Inc., for the 2025 Tour de Palm Springs in Coachella Valley charity bicycle ride and walk. 2. Approve waiver of permit fees associated with event in an amount not to exceed $800. 3. Appropriate $30,000 from the Unobligated General Fund Reserve for this purpose to Account No. 1104800-4306201. 14.e ESTABLISH THE PALM DESERT CITY FOUNDATION, A 501(C)(3) 1023 NONPROFIT PUBLIC BENEFIT CORPORATION, DETERMINE BOARD STRUCTURE, AND APPROVE DRAFT DOCUMENTS RECOMMENDATION: Authorize the City Manager to form a 501(c)(3) organization, named "Palm Desert City Foundation", to support fundraising, initially for the library, with the ability to expand for other civic needs as they arise. 2. Provide direction on the Board's membership and composition. 3. Authorize the City Manager to execute all necessary documents and make any non -substantive changes necessary to effectuate this action. 14.f THIRD AMENDMENT TO THE SECOND REVISED AND RESTATED 1039 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES, LLC RECOMMENDATION- 1. Approve the Third Amendment to the Second Revised and Restated Disposition and Development Agreement between the City of Palm Desert and Desert Wave Ventures, LLC. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement. 15. PUBLIC HEARINGS The public may comment on individual Public Hearing Items within the three - minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the first page of this agenda. 15.a ESTABLISHMENT OF ANNUAL LEASE RATE FOR DINING DECKS AND 1049 LICENSING REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING DECKS RECOMMENDATION: Continue the Public Hearing to a date uncertain. 11 City Council Meeting Agenda August 22, 2024 15.b RESOLUTION UPDATING THE FEES FOR DOG LICENSES 1053 RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE FEES FOR DOG LICENSES." 16. INFORMATION ITEMS 17. ADJOURNMENT 12 City Council Meeting Agenda August 22, 2024 18. 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 by clicking "Council Agenda" at the top of the page. 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, Niamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.gov no less than 72 hours prior to the meeting. /S/ Niamh M. Ortega, CMC Assistant City Clerk 13 14 �unc�E fiction Onnth toaether GO ORANGE 9 FIND FOOD BANK BE HUNGER AWARE VOLUNTEERWADVOCATE• F NDFOODBANK Join FIND for Hunger Action Month, a nationwide call to eradicate food insecurity. Every action, big or small, is one step closer to ending hunger. Whether you volunteer, advocate, donate, or spread the word online. Every action counts. a 10 a Scan the QR code to give y during Hunger Action Month. rr I FINDFOODBANK C.;ye--g I QFOOAN FIND B „D„A���,,: ,:,.., ,,. V 760.775.3663 C�- 16 Im ■% 0 0 im WHEREAS, FIND Food Bank partners with 200 Feeding America food banks across the country for the annual nationwide campaign to raise awareness and take action to fight hunger in the United States in the month of September; and WHEREAS, FIND Food Bank helps feed 150,000 people each month struggling to make ends meet, providing essential nourishment to our community members in need, and making all efforts to provide food for pets, recognizing that pets can be part of the family, reducing the number of animals that ended up in shelters; and WHEREAS, addressing the food insecurity needs of children, seniors, veterans, and all community members is fundamental to fostering a healthy and thriving society, and recognizing that access to food a human right; and WHEREAS, more than forty-four million people in the United States face hunger, including one in five children, highlighting the urgent need for collective action and support; and WHEREAS, FIND Food Bank became the primary food bank during the COVID-19 pandemic, changing their model for food distribution to thousands of families and individuals during one of the most challenging times we have endured as a community; and WHEREAS, the City of Palm Desert recognizes the importance of equality and inclusion in addressing food insecurity, ensuring that all individuals, regardless of background, have access to nutritious food, and be treated with dignity and respect; and WHEREAS, the City of Palm Desert and its employees have been longtime supporters of FIND Food Bank actively participating in efforts to combat hunger and raise awareness of this critical issue; and WHEREAS, the City of Palm Desert brings awareness to Hunger Action Month by lighting up City Hall in the color orange for the month of September, symbolizing our commitment to the fight against hunger. NOW, THEREFORE, I, Karina Quintanilla along with the entire City Council of Palm Desert, California, do hereby proclaim the month of September 2024, to be: Hunger Action Month 19 In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of Palm Desert, California, to be affixed this 22 d day of August 2024. 20 OM Cr, LLI Q N W o �, � 3:0 Ln Q N LL m u C/D z Q w W W Q 14 L.LJ � Q Q Q � LL_ CZ) 2a .Co cac U �O U CD V! O 0 0-cc = a- rn O O 0 cn En EL N W E =3 O r C _ O CD U rn rn T) CO V+ L co ww_,, W W cc w 4-1 z W W M N o cE Lu OCo r Q N a OC U W E c ° C Y -0 C L(6 L N M O Q Q "O co*' "O N > N o a U o U LL O 2 (7 L d N Y <n O L O w C m Lud d m LU z m H Y O y LU m a C7 a w LU Y U cYi 0-0O O O a z z_ o o ^ WO O > in cn in aNi d= M O O O M O 0 m a O ISf Lo N. N N. f0 N N N a >m a � } c 0 coa N O ° �' x oo 5 2 W (n N J L N O L i Cf U a N N �w� �YYN��� M J m O N ,«E m O c 0 N '- N O O. N d 00 E N FO m T O « 7 a Lu O — m.. —.. :. 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CALL TO ORDER - CLOSED SESSION - 3:30 P.M. A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, July 11, 2024, at 3:31 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. 3. RECESS TO CLOSED SESSION Mayor Quintanilla adjourned to Closed Session at 3:32 p.m. 4. CLOSED SESSION AGENDA The following items were considered in closed session: 4.a Closed Session Meeting Minutes: April 25 and June 27, 2024 4.b Conference with Legal Counsel regarding Existing Litigation pursuant to Government Code Section 54956.9(d)1 4.b.1 Desert Emerald LLC (Claim No. 919) 4.b.2 Spanish Walk Community Association (Claim No. 920) 95 Palm Desert City Council Meeting Minutes July 11, 2024 4.c Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)2 4.c.1 Claimant: Duran, Lydia Irene Afsarzadeh, Maryam/Afsarzadeh, Patty Alvarez, Jose Jennifer A./Alvarez, Michelle S. Broyles, Jacob Dickson, David/Dickson, Janet Escoto, Joseph Balingit/Escoto, Estrella Migia Hayes, Robbin (Trustee)/Hayes, Ivan (Trustee) Lapidus, Gregory Drake Lester, Linda Markus, Kyounghee Mullinix, Alexis Orr, Mark Polo, Lalaine B. Steinberg, Marla (Trustee) Scott, Caroline Thompson, Anna Marie/Thompson, Jeffrey C. Todd, Matthew/Todd, Mallory Hamilton, Keith J. (Trustee)/Hamilton, Debra S. (Trustee) Reyes, Pedro Daniel Agency claimed against: City of Palm Desert 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Mayor Pro Tern Harnik led the Pledge of Allegiance. 7. INSPIRATION Councilmember Kelly provided words of inspiration. 8. REPORT OF CLOSED SESSION City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken. 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a PROCLAMATION: OUTDOOR WORKER APPRECIATION DAY Mayor Quintanilla issued a proclamation for Outdoor Worker Appreciation Week. Director of Public Works Alvarez expressed gratitude to all staff that work outdoors, especially during extreme heat. 10. CITY MANAGER COMMENTS Homeless and Support Services Manager Tenorio introduced CityNet representative Martin Joseph, who provided an update on services provided within the city. 2 96 Palm Desert City Council Meeting Minutes July 11, 2024 10.a SHERIFF DEPARTMENT UPDATE Lt. Porras provided an update on recent crime trends in the area and responded to City Council inquiries. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. 12. NON -AGENDA PUBLIC COMMENTS Brad Anderson, Rancho Mirage resident, expressed gratitude for the library offering first 10 pages of printing free and his desire for public comment to be heard at study sessions. Judy Wilson, Palm Desert resident, shared information about Enough, Inc. a new non- profit in Palm Desert that focuses on creating a safe and secure environment for children in schools and the community affected by gun violence. Sandra Gray, Palm Desert resident, shared her negative experience with a rental property and agency in Palm Desert. Jana Korozynsky, Palm Desert resident, expressed her dissatisfaction regarding the City's action regarding flood zones and drainage plans for Pulte/Refuge development. Barbara Wasserkrug, Palm Desert resident, encouraged residents to attend an upcoming informational event at the Desert Cities Baptist Church in Palm Desert. Mayor Anna Margaret Thomas, Palm Desert resident, spoke about VA foreclosures and expressed gratitude for the Disabled American Veterans assistance program available at the library. 13. CONSENT CALENDAR City Clerk Mejia noted that due to the cancellation of the July 9, 2024, Housing Commission meeting, Item 13i had not been reviewed by the Housing Commission and requested that the City Council consider the item as an emergency item. City Clerk Mejia also noted staff's request to remove Item 13n from the agenda. Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Approve the consent calendar excluding Items 13n, 13o and 13p. Motion Carried (4 to 0) 3 97 Palm Desert City Council Meeting Minutes July 11, 2024 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Approve the Minutes of June 27, 2024. Motion Carried (4 to 0) 13.b APPROVAL OF WARRANT REGISTERS Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Approve the warrant registers issued for the period 6/15/2024 to 6/28/2024. Motion Carried (4 to 0) 13.c ADOPTION OF ORDINANCE NO. 1415 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.36, PROCEDURES FOR THE CONDUCT OF MEETINGS Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Adopt Ordinance No. 1415 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.36, PROCEDURES FOR THE CONDUCT OF MEETINGS." Motion Carried (4 to 0) 13.d ACCEPT CONTRACT NO. C46540 FOR THE CONSTRUCTION OF THE BUMP & GRIND TRAILHEAD NEW PREFABRICATED RESTROOM PROJECT NO. MPK00006 AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly 1. Accept Contract No. C46540 with Leonida Builders Inc for the Bump & Grind Trailhead New Prefabricated Restroom Project as complete. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. Motion Carried (4 to 0) 4 98 Palm Desert City Council Meeting Minutes July 11, 2024 13.e ACCEPTANCE OF A RESIGNATION FROM THE RESOURCE PRESERVATION AND ENHANCEMENT COMMITTEE Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly With regret, accept the resignation of Gustavo Gomez from the Resource Preservation and Enhancement Committee. Motion Carried (4 to 0) 13.f ADOPT RESOLUTION NO. 2024-052 TO DESIGNATE THE FINANCE DIRECTOR TO BE THE AUTHORIZED AGENT TO ESTABLISH AND AMEND PETTY CASH FUNDS AND GUIDELINES Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Adopt Resolution No. 2024-052 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE FINANCE DIRECTOR AS THE AUTHORIZED AGENT FOR ESTABLISHING, AMENDING, AND TERMINATING PETTY CASH FUNDS THROUGHOUT THE CITY DEPARTMENTS." 2. Authorize the City Manager, through the Finance Director, to establish petty cash guidelines and amend them from time to time. Motion Carried (4 to 0) 13.g ADOPT RESOLUTION NO. 2024-053 OPTING INTO SETTLEMENT AGREEMENT WITH DISTRIBUTORS OF OPIOIDS, GROCERY CHAIN KROGER, AND FUTURE PROPOSED OPIOID SETTLEMENTS Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly 1. Adopt Resolution No. 2024-053 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENT WITH KROGER CO., AGREE TO THE TERMS OF THE STATE SUBDIVISION AGREEMENT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE FUTURE PROPOSED OPIOID SETTLEMENT AGREEMENTS." 2. Authorize the City Manager to execute the Participation Agreements with the settling defendants, Kroger, and to execute any future proposed Opioid Settlement agreements. 3. Approve prioritizing street outreach and establishing pathways to treatment for homeless individuals grappling with substance use issues for use of settlement funds. Motion Carried (4 to 0) 5 99 Palm Desert City Council Meeting Minutes July 11, 2024 13.1h APPOINT MAHASTI ISLAMI TO THE BOARD OF DIRECTORS OF THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Appoint Mahasti Islami to a two-year term beginning July 1, 2024, through June 30, 2026, on the Board of Directors of the El Paseo Parking and Business Improvement District (EPPBID) Board of Directors, to fill the seat vacated by Sonia Campbell. Motion Carried (4 to 0) 13.i APPROVE CHANGE ORDER NO. 4 TO CONTRACT NO. HA45140 FOR THE ONE QUAIL PLACE PARKING LOT REHABILITATION PROJECT NO. CHA00003 (812-20) Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Approve Change Order No.4 in an amount not to exceed $280,647 to Contract No. HA45140 with Jacobsson Engineering Construction, Inc. 2. Authorize the Executive Director or designee to execute Change Order No. 4 to the agreement and any documents necessary to effectuate the actions taken herewith. Motion Carried (4 to 0) 13.j AWARD CONTRACT C48050 TO PBK ARCHITECTS, INC., FOR ARCHITECTURAL DESIGN SERVICES OF FIRE STATION 33 AND 71 (CFA00017 & CFA00019) Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Award Contract No. C48050 for the Architectural Design Services for Fire Station 33 and 71 in an amount not to exceed of $1,397,000. 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $139,700 for unforeseen conditions. 3. Authorize the City Manager or designee to review and approve written contract amendment requests up to the contingency amount requested. 4. Authorize the Mayor or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. Motion Carried (4 to 0) 6 100 Palm Desert City Council Meeting Minutes July 11, 2024 13.1k AWARD ON -CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Award Contract No. C44620F to GWC Construction of Palm Desert, California, and award Contract No. C44620G to Kincaid Industries, Inc. of Thousand Palms, California, and award Contract No. C44620H to SoCal Electrical and Lighting, Inc. of Palm Desert, California, for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount in combination with Contract Nos. C44620A-E not to exceed $4,500,000 per fiscal year. 2. Authorize the City Manager to review and approve up to two (2) additional one-year terms per contract for an aggregated amount not to exceed $4,500,000 per fiscal year. 3. Authorize the City Manager or designee to review and approve change orders for unforeseen circumstances. 4. Authorize the City Attorney to make any necessary non -monetary changes to the agreements. 5. Authorize the City Manager to execute said agreements. Motion Carried (4 to 0) 13.1 AWARD CONTRACT NO. C47680 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE EL PASEO CURB RAMP MODIFICATION PROJECT (PROJECT CST00025) Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Award Contract No. C47680 in the amount of $1,070,234 to Jacobsson Engineering Construction, Inc., of Palm Desert, CA, for the El Paseo Curb Ramp Modification Project (Project No. CST00025). 2. Authorize the Director of Finance to set aside a contingency in the amount of $107,000. 3. Authorize the City Attorney to make any non -monetary changes to the agreement. 4. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.17013 of the municipal code. 5. Authorize the City Manager to execute the agreement and any documents necessary to effectuate this action. 6. Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. Motion Carried (4 to 0) 7 101 Palm Desert City Council Meeting Minutes July 11, 2024 13.m ADOPT RESOLUTION NO. 2024-054 OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN COUNTY PROGRAM AND AUTHORIZING SIGNATORY APPROVAL Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Adopt Resolution No. 2024-054 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN COUNTY PROGRAM FOR FISCAL YEARS 2025/26 AND 2026/27." Motion Carried (4 to 0) 13.q AWARD CONTRACT NO. C47850 IN AN AMOUNT NOT TO EXCEED $964,728 TO HR GREEN, INC., FOR ENGINEERING SERVICES FOR THE STORM DRAIN INFRASTRUCTURE ASSESSMENT (PROJECT NO. CDR00006) Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly 1. Award Contract No. C47850 to HR Green, Inc., of Palm Desert, CA in an amount not to exceed $964,728, for preliminary assessment, maintenance contractor oversight, and final assessment and reporting associated with year one of the program. 2. Authorize Director of Finance to set aside a 15% contingency in the amount of $144,709 for any unforeseen conditions. 3. Authorize the City Attorney to make any necessary, non -monetary changes to the agreement. 4. Authorize the City Manager to review and approve written contract amendment requests to use up to the contingency amount, per Section 3.30.170B of the municipal code. 5. Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. Motion Carried (4 to 0) 13.r CONFIRMATION OF PLANNING COMMISSION RESOLUTION NO. 2873, CONDITION OF APPROVAL NO. 20 REGARDING THE ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT AT SHADOW RIDGE Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Confirm Planning Commission (PC) Resolution No. 2873, Condition of Approval (COA) No. 20 regarding the establishment of a Community Facilities District (CFD) at Shadow Ridge. Motion Carried (4 to 0) 8 102 Palm Desert City Council Meeting Minutes July 11, 2024 13.s APPROVE CONTRACT C48060 WITH FEHR & PEERS FOR THE PREPARATION OF A GENERAL PLAN AMENDMENT TO THE MOBILITY ELEMENT IN AN AMOUNT NOT TO EXCEED $139,076 AND APPROPRIATE FUNDS Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Approve Contract No. C48060 to with Fehr & Peers of Walnut Creek, California, to prepare a General Plan Amendment to the Mobility Element in an amount not to exceed $139,076. 2. Appropriate $139,076 from unassigned General Fund Reserves to Account No. 1104470-4305000. 3. Authorize the City Attorney to make any necessary non -monetary changes to the contract. 4. Authorize the City Manager to execute said contract. Motion Carried (4 to 0) 13.t APPOINTMENT OF THE CITY COUNCIL LIAISON AND ALTERNATE LIAISON TO THE LIBRARY ADVISORY COMMITTEE Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly Appoint Councilmember Trubee as the City Council Liaison and Mayor Pro Tern Harnik as the Alternate Liaison to the Library Advisory Committee. Motion Carried (4 to 0) 13.0 APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C44600 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES ON CITY -OWNED BUILDINGS TO INCREASE THE FY 2024-25 ANNUAL AMOUNT TO $3,500,000 (PROJECT NO. MFA00001) Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly 1. Approve Change Order No. 2 to Contract No. C44600 with Garland/DBS, Inc. for roof repairs and related services on City -owned buildings to increase the annual amount to 3,500,000 during Fiscal Year 2024-25. 2. Authorize the City Manager to review and execute amendments and any change orders per Section 3.30.170 of Ordinance No. 1335. 3. Authorize the City Manager to execute Change Order No. 2 to the agreement. Motion Carried (4 to 0) 9 103 Palm Desert City Council Meeting Minutes July 11, 2024 13.v RATIFY AMENDMENT NO. 3 AND AMENDMENT NO. 4 TO CONTRACT NO. C37870A WITH KOA CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES IN A TOTAL AMOUNT OF $127,640 FOR HAYSTACK TRAFFIC CALMING PHASE 2 AND PD LINK PHASE 2 (PROJECT CST00006 & PROJECT CST00005) Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Kelly 1. Ratify Amendment No. 3 to Contract No. C37870A with KOA Corporation in the amount of $103,685.00. 2. Ratify Amendment No. 4 to Contract No. C37870A with KOA Corporation in the amount of $23,955.00. 3. Authorize City Manager to review and approve written requests for use of contingency per Section 3.30.170B of the Palm Desert Municipal Code. 4. Authorize City Manager to execute amendments and any documents necessary to effectuate the actions taken herewith. Motion Carried (4 to 0) 13.n REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL SERVICES AT THE HOUSING AUTHORITY PROPERTIES This item was removed from the agenda. 10 104 Palm Desert City Council Meeting Minutes July 11, 2024 13.o REJECT ALL BIDS, APPROPRIATE FUNDS, AUTHORIZE THE CITY MANAGER TO AWARD A CONTRACT FOR THE CIVIC CENTER PARKING LOT REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $600,000 Capital Improvements Manager Gayler answered Council inquiries. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Reject all bids due to non -responsiveness. 2. Authorize the Director of Finance to appropriate funds in the amount of $600,000 from unallocated Capital Improvement Fund to Account No. 4004161-5000914. 3. Authorize the City Manager to negotiate and execute an agreement for Civic Center Parking Lot Rehabilitation in the best interest of the City in an amount not to exceed $600,000, including contingency. 4. Authorize the City Manager to review and execute written requests for change orders, amendments, and any other documents necessary to effectuate this action, per Section 3.30.170 B of the Palm Desert Municipal Code. 5. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. NOES (1): Mayor Quintanilla Motion Carried (3 to 1) 13.p AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES to $275,000 FOR FISCAL YEAR 2024-25 Public Affairs Manager Soule responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tern Harnik 1. Authorize Amendment No. 4 to El Paseo Parking and Business Improvement District (EPPBID) Contract No. C43370 with FG Creative in the amount of $275,000 for Fiscal Year 2024-25. 2. Authorize the City Manager to execute the Amendment. Motion Carried (4 to 0) 11 105 Palm Desert City Council Meeting Minutes July 11, 2024 14. ACTION CALENDAR 14.a APPROVE SAN PABLO PHASE II ROUNDABOUT ARTWORK ON SAN PABLO AVE AND EAST ENTRANCE TO COLLEGE OF THE DESERT (CONTRACT NO. C48070A) Public Art Management Analyst Powell provided staff report and answered Council inquiries. Brad Anderson, Rancho Mirage resident, opined concerns regarding cost of proposed artwork and safety aspects of placing art in roundabouts. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tern Harnik 1. Approve Contract No. C48070A, in substantial form, for design, engineering, fabrication, and delivery of the sculpture titled Dueling Palms as proposed by artist Kyle Absolom in an amount not to exceed $169,500. 2. Authorize the City Manager to execute the contract for Dueling Palms, subject to review by the City attorney, and all other documents related to the installation of artwork. Motion Carried (4 to 0) 14.b APPROVE AN AMENDMENT TO CONTRACT NO. C41770 TO EXTEND THE TERM AND INCREASE THE CONTRACT AMOUNT WITH THE COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES Director of Development Services Cannone narrated a PowerPoint and answered Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tern Harnik 1. Increase the annual contact amount for Fiscal Year 2023-24 to $380,000 to cover the budgeted costs of animal field and shelter services. 2. Approve Amendment No. 1 to Contract No. C41770 with the County of Riverside Department of Animal Services to extend the contract for one year with an annual amount of $380,000. 3. Authorize the Director of Finance to set aside a contingency for an additional $20,000, subject to City Manager approval for additional fluctuations in services. 4. Authorize the City Attorney to make necessary non -monetary changes to the agreement. 5. Authorize the City Manager to execute said contract. Motion Carried (4 to 0) 12 106 Palm Desert City Council Meeting Minutes July 11, 2024 14.c ADOPT RESOLUTION NO. 2024-055 OPPOSING THE DESERT HEALTHCARE DISTRICT'S PROPOSED NEW HOSPITAL LEASE AGREEMENT "NON -COMPETE" PROVISION, WHICH RESTRICTS TAXPAYER FUNDS AND ELECTED BOARD'S OVER THE NEXT 30 YEARS City Manager Hileman provided a staff report and responded to City Council inquiries. Brendan Steidle of Desert Care Network, spoke in opposition to the resolution and encouraged Council to review the updated language available on Desert Healthcare District's website. Brad Anderson, Rancho Mirage resident, spoke in favor of the resolution and letter to Desert Healthcare District Board expressing opposition. Motion by: Mayor Pro Tern Harnik Seconded by: Councilmember Nestande Adopt Resolution No. 2024-055 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING THE DESERT HEALTHCARE DISTRICT'S PROPOSED HOSPITAL LEASE AGREEMENT "NON -COMPETE' PROVISION AND DIRECTING THE MAYOR TO SEND A LETTER TO THE DESERT HEALTHCARE DISTRICT BOARD EXPRESSING THIS OPPOSITION." Motion Carried (4 to 0) 14.d ADOPT RESOLUTION NO. 2024-056 APPROVING A PORTION OF PUBLIC RIGHT-OF-WAY (EXPLORER DRIVE) AS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221 Councilmember Nestande recused herself due to the proximity of the project to her home and left the Council Chamber. Director of Development Services Cannone narrated a PowerPoint and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tern Harnik Adopt Resolution No. 2024-056 entitled, "A RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT THE TERMINUS OF EXPLORER DRIVE IS EXEMPT SURPLUS LAND, AND FINDING THAT SUCH DECLARATION IS NOT A PROJECT SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITYACT." RECUSED (1): Councilmember Nestande Motion Carried (3 to 0) 13 107 Palm Desert City Council Meeting Minutes July 11, 2024 14.e ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 AND AGREEMENTS Councilmember Nestande recused herself from this item due to the proximity of the project to her home, and left the Council Chamber. Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries. Linda Candler, Palm Desert resident, spoke in opposition of approving the final tract map. Motion by: Mayor Pro Tern Harnik Seconded by: Mayor Quintanilla Continue this item to the August 22, 2024, City Council meeting. RECUSED (1): Councilmember Nestande Motion Carried (3 to 0) 15. PUBLIC HEARINGS None. 16. INFORMATION ITEMS None. 17. ADJOURNMENT The City Council adjourned at 6:23 p.m. Respectfully submitted, Niamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary Anthony J. Mejia, MMC City Clerk/Secretary 14 108 Study Session of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), Housing Authority (HA), and Library Board of Trustees (LBT) Minutes July 11, 2024, 2:45 p.m. Present: Mayor Pro Tern Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Mayor Karina Quintanilla Absent: Councilmember Evan Trubee 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, July 11, 2024, at 2:45 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. STUDY SESSION TOPICS 2.a STUDY SESSION: IMPERIAL IRRIGATION DISTRICT'S ENERGY INFRASTRUCTURE PARTNERSHIP Assistant City Manager Escobedo narrated a PowerPoint presentation and responded to City Council inquiries. 2.b STUDY SESSION: DESERT HEALTHCARE DISTRICT'S PROPOSED HOSPITAL LEASE AGREEMENT "NON -COMPETE" PROVISION, WHICH RESTRICTS TAXPAYER FUNDS AND ELECTED BOARD'S OVER THE NEXT 30 YEARS Chad Mayes, representing Eisenhower Health., narrated a PowerPoint prsentation and responded to City Council inquiries. 3. ADJOURNMENT The City Council adjourned the Study Session at 3:22 p.m. Respectfully submitted, Niamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary Anthony J. 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A response is required. Please mark the appropriate response below and return to my office by Monday, July 29, 2024. Responding Department: Building and Safety Date: July 25, 2024 Response: ❑✓ No comment — okay to present to City Council. ❑ Refer to (attach additional sheets, if necessary): - related comments ❑ Other — Additional comments (attach additional sheets, if necessary): 195 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION From: YURI CHAVEZ, CITY CLERK TEMP Date: July 22, 2024 Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: Eat Wonder LLC 74275 HWY 111 Palm Desert, CA 92260-4117 A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by Monday, July 29, 2024. Responding Department: Development Services: Planning Date: July 25, 2024 Response: 0 No comment — okay to present to City Council. Refer to (attach additional sheets, if necessary): - related comments 0 Other — Additional comments (attach additional sheets, if necessary): 1. Wonder Cafe approved by Building Permit No. TIMP24-0006 2. Business shall only be allowed a maximum of 8 seats. Additional seating willl require a Use Permit. 196 Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE ABC 211 (6199) TO:Department of Alcoholic Beverage Control File Number: 660587 34-160 GATEWAY DR. Receipt Number: 2914090 STE 120 Geographical Code: 3318 PALM DESERT, CA 92211 Copies Mailed Date: July 16, 2024 (760) 324-2027 Issued Date: DISTRICT SERVING LOCATION: PALM DESERT First Owner: EAT WONDER LLC Name of Business: TBD Location of Business: 74275 HWY III PALM DESERT, CA 922604117 County Is Premises inside city limits Mailing Address:(if different from premises address) Type of license(s): Transferor's license/name: RIVERSIDE Yes Census Tract: PO BOX 421 PALM DESERT, CA 92261-0421 41 0451.17 Dropping Partner: Yes---- No License Type Transaction Type M_ aster Secondary LT And Count 41 - On -Sale Beer And Wine - Eating OR] Y License Type Transaction Description Fee Code Duo Date Fet Application Fee ADD PRIMARY LICENSE TYPE NA 0 07/16/24 $1,065.00 Application Fee FEDERAL FINGERPRINTS NA 2 07/16/24 W.00 Application Fee STATE FINGERPRINTS NA 2 07/16/24 $78.00 41 - On -Sale Beer And Wine - Ea ANNUAL FEE NA 0 07/1 &24 $530.00 Total $1,721.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No STATE OF CALIFORNIA County of RIVERSIDE Applicant Name(s) Date: July 16, 2024 EAT WONDER LLC Q �> N rn .r rn 740 vt: N 197 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Shawn Muir, Community Services Manager SUBJECT: ACCEPT CONTRACT NO. C43210 FOR CONSTRUCTION OF THE CIVIC CENTER PARK FITNESS, SHADE AND FURNISHINGS IMPROVEMENTS AS COMPLETE RECOMMENDATION: 1. Accept Contract No. C43210 with PS Commercial Play, Inc., for the Civic Center Park Fitness, Shade and Furnishings Improvements Project as complete. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. BACKGROUND/ANALYSIS: On June 9, 2022, the City Council awarded Contract No. C43210 to PS Commercial Play, Inc., for the Civic Center Park Fitness, Shade, and Furnishings Improvements Project. The contract amount was $207,954.25, with an additional contingency of $20,795, bringing the total project cost to $228,749.25. Construction commenced on August 29, 2022. During the project, PS Commercial Play, Inc., requested a change order to cover the $3,200 cost of Performance and Payment Bonds required by the contract. Staff approved Change Order No. 1 for this amount. During the final installation phase, City staff discovered that the irrigation east and west of the fitness equipment area was inadequate and additional pour -in -place flooring was required. PS Commercial Play, Inc., provided a quote of $17,252 for these changes. Consequently, on February 22, 2024, staff issued Amendment No. 1, which allocated $20,795 in additional funds and extended the contract through June 30, 2024. With this amendment, the revised total for the contract, including one Change Order and one Amendment, totaled $228,406.25. On July 2, 2024, staff inspected the completed work and confirmed it met all contract requirements. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: The unused contingency funds will be returned to Capital Projects Fund Balance for reallocation. Page 1 of 2 199 City of Palm Desert Accept Contract for Construction of Civic Center Park PS Commercial Play, Inc. Total Contract 6/9/22 Approval $207,954.25 C/O 1 $3,200 Amendment 1 $17,252 Completed Contract $228,406.25 ATTACHMENTS: 1. Notice of Completion 2. Vicinity Map Contingency $20, 795 ($3,200) ($17,252) $343 Page 2of2 200 To be recorded with the Riverside County Recorder on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. When recorded, return to: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 APN 622-250-014 NOTICE OF COMPLETION (Cal. Civ. Code § 9200 et seq. — Public Works) NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260. 2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph. 3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE. 4. That on the 2nd day of July 2024 work of improvement described as the Civic Center Park Fitness, Shade and Furnishing Improvements Protect, Contract No. C43210, on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: PS Commercial Play, Inc. 6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as Civic Center Park located off San Pablo Avenue in Palm Desert, California, 92260. Date CITY OF PALM DESERT A MUNICIPAL CORPORATION Bv: Karina Quintanilla, Mayor VERIFICATION STATE OF CALIFORNIA } ) ss COUNTY OF RIVERSIDE } On 2024, before me, .Anthony J. t4lejia, City Clerk of the City of Palm Desert, personally appeared arina Quintanilla, t41 ayor of the City of Palm Desert, a t41 unicipal Corporation, and acknowledged to me that the City of Palm Desert executed the same. .Anthony J. 1`0ejia, City Clerk Rev. February 2024 202 CIVIC CENTER PARK FITNESS PROJECT NO. 718-22 ■ Contract No. C43210 e 204 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Niamh M. Ortega, Assistant City Clerk SUBJECT: RESOLUTION SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2025 RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2025." BACKGROUND/ANALYSIS : Palm Desert Municipal Code Section 2.36.020 authorizes the City Council to adopt a resolution to establish the dates and times for its regular meetings. Staff is seeking City Council confirmation of its meeting schedule so that staff may proceed with developing a schedule of public hearings and to provide ample notice to the public of the meeting schedule. Proposed Cancelled Meetings Traditionally, newly elected City Councilmembers attend the League of California Cities' Mayor and Council Member Academy held each January. In 2025, the Academy will be held from January 22-24 in Sacramento and from January 29-31 in Garden Grove. To accommodate the new members, staff recommends canceling the January 23, 2025, City Council meeting, allowing them to attend either Academy session as their schedule permits. Additionally, the City Council typically cancels the second meeting in July and first meeting in August for a brief recess. City staff also recommends canceling the meetings that coincide with the Thanksgiving and winter holidays. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: There is no direct financial impact associated with this action. ATTACHMENTS: 1. Resolution Page 1 of 1 205 206 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2025 WHEREAS, pursuant to Palm Desert Municipal Code Section 2.36.020, the City Council regular meetings are generally held on the second and fourth Thursday of each month, except as otherwise set by City Council resolution; and WHEREAS, the City Council desires to confirm its meeting schedule for 2025 as the second and fourth Thursday of each month unless otherwise rescheduled or canceled. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. Regular meetings of the City Council shall be held in the Council Chamber, located at 73-510 Fred Waring Drive, Palm Desert, California, on the second and fourth Thursday of each month at the hour of 4:00 p.m. When the regular meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council at a regular meeting of the City Council. SECTION 3. Regular meetings of the City Council acting as the governing boards of the successor agency, housing authority, financing authority, and/or library board of trustees, shall be held in the Council Chamber, located at 73-510 Fred Waring Drive, Palm Desert, California, concurrently with the regular City Council meeting. SECTION 4. Closed sessions of the City Council and/or the governing boards as provided in this Resolution may be conducted prior to the 4:00 p.m. business portion of regular meetings and as noticed from time to time on the agenda for such meetings. The time scheduled will depend upon the number of items to be considered and the complexity of the issues to be discussed. If necessary, closed sessions not completed prior to the business portion of the meeting may be considered at the conclusion of the business portion of the meeting or as otherwise determined by the City Council. SECTION 5. The City Council has canceled and/or rescheduled certain meetings as outlined in Exhibit A. 207 RESOLUTION NO. 2024- ADOPTED ON , 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 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 2024, 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 12024. ANTHONY J. MEJIA CITY CLERK 2 208 RESOLUTION NO. 2024- EXHIBIT "A" City of Palm Desert 2025 City Council Meetings Dates The City Council meetings are typically held on the second and fourth Thursday of each month at 4:00 p.m. in the Council Chamber, located at 73-510 Fred Waring Drive, Palm Desert, California. This schedule is subject to change. CURRENT MEETING DATES PROPOSED MEETING DATES Thursday, January 9, 2025 Th,,.rsdda.,januaFy 23 492- Cancel Thursday, February 13, 2025 Thursday, February 27, 2025 Thursday, March 13, 2025 Thursday, March 27, 2025 Thursday, April 10, 2025 Thursday, April 24, 2025 Thursday, May 8, 2025 Thursday, May 22, 2025 Thursday, June 12, 2025 Thursday, June 26, 2025 Thursday, July 10, 2025 T-huFsday, 'ul 1 '^2- Cancel (Summer Recess) Thursday, Augu-st�� Cancel (Summer Recess) Thursday, August 21, 2025 Thursday, September 11, 2025 Thursday, September 25, 2025 Thursday, October 9, 2025 Thursday, October 23, 2025 Thursday, November 13, 2025 ThUFSday, N,,.,,,.,. beF 27 202- Cancel Thursday, December 11, 2025 ThUFSday, r,,,,.,,n beF 25 2r,2- Cancel Thursday, January 8, 2026 Approved by the City Council on _/_/2024 3 209 210 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Shannon Vonnegut, Assistant Director of Library Services SUBJECT: RESOLUTION APPROVING THE LIBRARY SERVICES' INTERNET USE AND PROHIBITION ON YOUTH BULLYING POLICIES RECOMMENDATION: Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING LIBRARY SERVICES' INTERNET USE AND PROHIBITION ON YOUTH BULLYING POLICIES." BACKGROUND/ANALYSIS : The City has assumed local library services from the County of Riverside and its library operator LSS, with operations beginning on July 1, 2024. In preparation for this, the City Council needs to adopt the policies of the library to commence operations. In order to ensure the effective delivery of service and to provide full access to library resources, libraries develop policies to address customer use and library expectations. The library serves all customers equally and is open to everyone. The goal is to create a secure, relaxing, and pleasant place to learn and explore. The development of the policies is intended to govern internet use and to maintain a safe and healthy environment. This action will adopt the following governing policies for the Palm Desert Library: • LIBR 014 — Internet Use and Safety Policy: Outlines the public usage of the internet and internet filtering. • LIBR 015 — Prohibition on Youth Bullying: Prohibits bullying, harassment, and intimidation of youth. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENTS: 1. Library Policies Resolution a. Exhibit A: Draft Library Policies Page 1 of 1 211 212 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING LIBRARY SERVICES' INTERNET USE AND PROHIBITION ON YOUTH BULLYING POLICIES WHEREAS, the City Council recognizes its responsibility and obligation to foster efficient and safe library services and further acknowledges the importance of the well- being and comfort of City of Palm Desert (City) library customers; and WHEREAS, the City Council desires to provide for the efficient, economical, effective, and safe control over the creation, organization, maintenance, use, and disposition of the City's library; and WHEREAS, the City's library policies offer comprehensive instructions for the library's computer usage and customer behavior; and WHEREAS, the declared purpose of the Library Policies is to establish authority, assign responsibility for comprehensive operations of the library, and create the administrative framework to achieve the library's purposes; and. WHEREAS, library operation demonstrates to legal and regulatory authorities that the City is making every reasonable effort to operate an effective and efficient library in a responsible manner, in accordance with federal, state, and local regulations, applicable guidelines, and good business practices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Library Policies set forth in Exhibit "A" are hereby adopted in their entirety. SECTION 3. The City Manager, through the Library Services Director, is directed to implement, uphold, and enforce the terms of these policies. SECTION 4. The City Clerk shall certify the adoption of this resolution. ADOPTED ON )2024. KARINA QUINTANILLA MAYOR 213 Resolution No. 2024- Page 2 ATTEST: ANTHONY J. MEJIA CITY CLERK 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 214 ' CITY OF PALM DESERT Subject Internet Use Policy Policy No. LIBR-014 Date Issued: August 22, 2024 Amended: N/A Approved by Resolution No. {2024-XX} Authored by Library Services I. PURPOSE A. This policy outlines internet use and safety online. II. INTERNET USE IN THE LIBRARY A. The Palm Desert Library endeavors to provide collections, resources, and services that meet the cultural, informational, recreational, and educational needs of the diverse communities it serves. B. Resources available on the Internet supplement and complement the collection and resources available at Library facilities. The Internet may contain material of a controversial nature; however, the Library does not monitor Internet usage. Users should note that not all Internet sources provide accurate, complete, or current information. C. All Library computers with Internet access and the Library's wireless network use a technology protection measure that protects all users including minors against access to visual material considered inappropriate for or harmful to minors. D. Consistent with Federal Communications Commission (FCC) Order 03-188, libraries complying with the Children's Internet Protection Act (CIPA) are required to implement a procedure for unblocking the filter upon request of customers who are 18 years of age and older. Such procedures shall be the responsibility of the Library Director or designated representatives. Customers who are 18 years of age and over may, at their request, have the technology protection measure disabled during their use to enable access for bona fide research or other lawful purposes. E. Free wireless Internet access will be provided by the Palm Desert Library to all customers in order to access the web on their personal electronic devices and will not require the maintenance of a Library account to access such service. All wireless Internet access provided by the Palm Desert Library will be filtered to prevent access to materials deemed by law to be harmful to minors without exception. All Library policies concerning legal, acceptable, and safe use of computers and the Internet apply to use of the public wireless access. 215 Administrative Procedures Manual LIBR-014 Internet Use Policy Page 2 of 3 F. As is the case with any electronic media system provided by the City, Library users should not have an expectation of privacy when using any form of electronic media. III. INTERNET ACCESS BY MINORS: REGULATIONS AND RESTRICTIONS A. The Palm Desert Public Library provides computer access to minors, including access to the Internet. To the extent possible, steps shall be taken to promote the safety and security of minor users of the online computer network when using email, chat rooms, instant messaging and other forms of direct communication. B. Specifically, as required by CIPA, prevention of inappropriate network usage includes unauthorized access, including "hacking" and other unlawful activities as well as unauthorized disclosure, use and dissemination of personal information regarding minors. IV. SUPERVISING COMPUTER USE BY CHILDREN A. Access for all customers under the age of 18 will be filtered. Filtering software may not block all material users find offensive. Library staff Librarianscannot act in the place of parents in providing constant care and supervision of children as they explore the Internet. Parents and legal guardians are responsible for monitoring any and all Internet use by minors and consent given on the part of parents or legal guardians for a Library card constitutes acknowledgment by the parents or guardians that they have a responsibility for monitoring their child's use of all Library resources, including the public computers. B. The following are recommended guidelines for parents and guardians to ensure that children have positive online experiences, whether at home or at the Library. i. Explore the wide range of available information and tell your children about sites you consider inappropriate for them. ii. Provide guidelines for your children on the amount of time they spend online, just as for television viewing. iii. Teach children to never give out personal identification information (name, address, password, telephone number, social security number, credit card number) about themselves or others without first asking a parent for permission. iv. Teach children to be good online consumers. As with print information, consider the source, date, and accuracy of online information. v. Teach children to exercise discretion and caution when communicating using the Internet, electronic mail, chat rooms, and other forms of direct electronic communications in order to remain safe and secure (e.g. avoidance of predators, cyber-bullying, and scams). V. INTERNET ACCEPTABLE USE RULES FOR ALL USERS 216 Administrative Procedures Manual LIBR-014 Internet Use Policy Page 3 of 3 A. Users read and agree when logging into a computer to abide by this Internet Use and Safety Policy, including guidelines for use of the Internet by minors. B. Customers are expected to adhere to all rules governing the use of the Internet in libraries, including the duration and frequency of sessions. Customers who violate Library policy regarding the use of the Internet or who behave in a disruptive manner will be asked to either modify their use appropriately or discontinue such usage or have their Internet usage access terminated. In addition, customers must maintain a Library account in good standing and comply with all computer usage rules including printing limits. C. All Internet use is subject to the Palm Desert Library Code of Conduct. Customers who observe violations of the Palm Desert Library Code of Conduct should contact Library staff immediately. D. Users shall not disclose, use, or disseminate personal identification information regarding minors without proper authorization. E. Users shall utilize the Library network for lawful activities only. They shall not use the network to cause harm to others or damage the property of others. They shall not intentionally upload, download or create computer viruses or other forms of malicious programming, attempt to harm or destroy equipment, manipulate the data of any other user, or seek unauthorized access to networks and systems, including so-called "hacking." VI. WI-FI A. We provide free wireless internet access during open hours to anyone with a Wi-Fi-enabled laptop or mobile device. Just connect your laptop, tablet, or smartphone to our wireless network, e.g., PDLPublic. B. Like any public wireless network, our Wi-Fi service is not secure. Be aware of the risks and avoid sending sensitive information through the network. 217 ' CITY OF PALM DESERT Subject Prohibition on Youth Bullying Policy No. LIBR-015 Date Issued: August 22, 2024 Amended: N/A Approved by Resolution No. {2024-XX} Authored by Library Services I. PURPOSE A. This policy protects the dignity and safety of youth served by the City of Palm Desert. This policy prohibits bullying, harassment, and intimidation in all library activities, programs, events, and facilities. II. DEFINITIONS A. "Bullying" shall be defined as any severe, pervasive, or persistent act or conduct whether physical, electronic, or verbal that: i. May be based on a youth's actual or perceived race, color, ethnicity, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, or any other distinguishing characteristic, or on a youth's association with a person or group with any of the actual or perceived foregoing characteristics; and ii. Can reasonably be predicted to: i. Place the youth in reasonable fear of physical harm to their person or property; ii. Cause a substantial detrimental effect on the youth's physical or mental health-, iii. Substantially interfere with the youth's academic performance or attendance; or iv. Substantially interfere with the youth's ability to participate in or benefit from the services, activities, programs, facilities, or privileges provided by an agency or contractor or agent thereof. III. PROHIBITION AGAINST BULLYING A. Acts of bullying, including cyberbullying, whether by youth, customers volunteers, or staff, are prohibited in all library activities, programs, events, and facilities. 218 Administrative Procedures Manual LIBR-0015 Prohibition on Youth Bullying Page 2 of 2 B. Retaliation against a youth, customer, volunteer, or staff member who reports bullying, provides information about an act of bullying, or witnesses an act of bullying is also prohibited. 219 220 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Erica Powell, Management Analyst SUBJECT: APPROVE THE PURCHASE OF TWO SCULPTURES FROM THE 2023/24 EL PASEO SCULPTURE EXHIBITION RECOMMENDATION: 1. Approve the purchase of The Seeker by Delos Van Earl in the amount of $12,000, and SWIRLY GIRL (Female Superhero) by Karen & Tony Barone in the amount of $17,700 from the 2023/24 El Paseo Sculpture Exhibition for inclusion in the City of Palm Desert's permanent public art collection. 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements. 3. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: The City of Palm Desert occasionally purchases artwork from its El Paseo Sculpture Exhibition to enhance to the beauty of the city, elevate the prestige of its public art collection, and serve as an incentive to artists to participate in future exhibits. At its regular meeting of June 12, 2024, the Cultural Arts Committee recommended purchasing two sculptures featured in the El Paseo Sculpture Exhibition: • The Seeker by Delos Van Earl, and • SWIRLY GIRL (Female Superhero) by Karen & Tony Barone Sculpture descriptions and recommended installation locations are listed below. The Seeker by Yucca Valley artist Delos Van Earl • The Seeker stands at 12' tall. The vertical form is made of steel and covered in an oil enamel. The artist describes The Seeker as an alien, a space man, a bird or a reptilian form. The vertical form stems from the artist growing up in the northwest and being raised in a logging family. • Recommended installation location is on the west end of El Paseo, near the stop sign behind Ross Dress for Less (where the Recycle sculpture currently is placed). SWIRLY GIRL (Female Superhero) by Rancho Mirage artists Karen & Tony Barone • SWIRLY GIRL (Female Superhero) is a futuristic female superhero, confidently posed and ready for action. The 8' tall painted aluminum sculpture stands firmly on an arched base, with her arms in a power pose. Female superheroes are a frequently explored theme in the Barone's portfolio of work. Page 1 of 2 221 City of Palm Desert ADDrove the Purchase of Two (2) Sculptures from the 2023/24 El Paseo SCUIDture Exhibition • The recommended installation location is in the Portola Avenue median, between Gerald Ford Drive and Dinah Shore Drive. If both purchases are approved, the sculptures will remain in place as part of the El Paseo Sculpture Exhibition until October 2024, after which they will be relocated and installed at their permanent location. FINANCIAL IMPACT: The purchase price for The Seeker is $12,000 and SWIRLY GIRL is $17,700 for a total purchase price of $29,700. Additional costs associated with this request include pad fabrication, artwork installation, lighting, electrical installation, and other incidental costs which should not exceed $6,500. Funds are available in the 2024/25 Public Art Budget, Account Number 4364650- 4400100. There is no impact to the General Fund with this action. ATTACHMENTS: 1. Images of Recommended Purchases and Proposed Installation Locations 2. Draft Contract for purchase of The Seeker by Delos Van Earl 3. Draft Contract for purchase SWIRLY GIRL (Female Superhero) by Karen & Tony Barone Page 2of2 222 Recommended Sculpture Purchases from the 2023/34 El Paseo Sculpture Exhibition and Proposed Installation Locations 1. Artwork: SWIRLY GIRL (Female Superhero) by Karen & Tony Barone Location: Portola Avenue median between Gerald Ford Drive and Dinah Shore Drive semen GOo Iemaps 223 � r r �L 7 224 2. Artist: The Seeker by Delos Van Earl Location: West end of El Paseo, near the stop sign behind Ross Dress for Less 225 U. 226 CONTRACT NO. CONTRACT TO PURCHASE ARTWORK This Agreement is made as of August 22, 2024 by and between the City of Palm Desert, a municipal corporation ("CITY"), and Delos Van Earl, a sole proprietor located in Yucca Valley, California ("ARTIST") who agree as follows: RECITALS Section 1. As part of the City's Art in Public Places program, certain funds are available for the establishment of artworks in public places and for the purchase or commissioning of artworks and; Section 2. History of Work. The Seeker by Delos Van Earl has been and will be displayed on El Paseo as part of the 2023/2024 El Paseo Exhibition from November 2022 through October 2024. The Work was selected for purchase by CITY through review by the Cultural Arts Committee and is therefore being purchased by CITY. NOW, THEREFORE, the parties mutually agree as follows: Section 1. Price. CITY shall pay ARTIST a firm fixed price of $12,000.00 for the sculpture described as commissions contracted. The Seeker ("Work"). It is agreed that City has no obligations regarding or any agreements with galleries or agents with whom ARTIST may have Section 2. Warranty of Originality. ARTIST warrants that the performance, design, and Work being purchased is original and the product of ARTIST'S own creative efforts and does not infringe the right of any persons. ARTIST also warrants that, unless otherwise stipulated in writing and attached hereto, the Work is original, that it is an edition of one (1), and that ARTIST shall not sell, license, perform, or reproduce a substantially identical copy of the Work without the prior consent of CITY. Section 3. Warranty on Workmanship. ARTIST shall warrant and maintain his/her Work free from all faults or defects arising from material and workmanship for a period of one (1) year after purchase. Section 4. Alteration of Work. Pursuant to the provisions of the California Art Preservation Act, California Civil Code section 987 et seq., CITY agrees that it will not intentionally destroy, damage, alter, modify, or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, then the Work will no longer be represented as the work of the ARTIST without his/her written permission. CITY agrees to reasonably assure that the Work is properly preserved, maintained, and protected. CITY shall, however, have the right to move or relocate the Work or remove it from display without the consent of ARTIST. Section 5. Repair. Insofar as is practical, in the event repair of the Work is required, CITY shall give ARTIST, during his or her lifetime, the opportunity to do that work for a reasonable fee. In the case of disagreement between CITY and ARTIST as to what constitutes a reasonable fee, the fee determined by an independent conservator selected 227 CONTRACT NO. by CITY shall be considered a reasonable fee. In the event ARTIST refuses to make the repair for such fee, CITY may proceed to arrange for such repair by a person qualified to accomplish the restoration. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by CITY without advance notice to ARTIST, and such repairs shall not be deemed to constitute an artistic alteration. Section 6. Authorship of Work. ARTIST shall retain the right to claim authorship of the Work. CITY shall assure that ARTIST'S name shall be publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or artistically altered in a substantial manner, CITY shall no longer represent the Work to be the Work of ARTIST if ARTIST gives written notice to CITY that it is the position of ARTIST that ARTIST has the right to deny authorship on the grounds stated in this paragraph. In the event CITY disputes the right of ARTIST to deny authorship, the matter shall be submitted to the Arbitration Service of California Lawyers for the Arts which shall determine the issue of whether the Work is substantially damaged or artistically altered in a substantial manner. Such determination shall be binding upon CITY and ARTIST and neither shall have any further recourse or cause of action regarding the matters so determined. Section 7. Indemnification. ARTIST shall assume the defense of, and indemnify and save harmless, the City, its officers, agents, employees and volunteers, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, and expenses of every type and description to which any or all of them may be subjected, by reason of, or resulting from, directly or indirectly, the performance of this Agreement by ARTIST, whether within or without the scope of this Agreement, whether or not it is caused in part by a party indemnified hereunder. The foregoing shall include, but not be limited to, any attorney fees reasonably incurred by CITY. The obligation to defend and indemnify the CITY shall terminate upon the completion of the one year warranty period. Section 8. Copyright. Upon purchase of ARTIST'S Work, copyright of the Work will be owned jointly by CITY and ARTIST and no further use of the copyright will be made by ARTIST or CITY without the written consent of the other, which consent will not be unreasonably withheld. CITY has the right to reproduce and distribute in printed form and on commercial documents and/or brochures or any other literature of CITY describing or dealing with its real estate holdings, photographs, realistic renderings, videotapes, or films of the Work. Such reproductions and use of the images of the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by CITY to ARTIST for such use. Section 9. Credit to the Artist. Such reproduction and images of the Work which feature the Work as art for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the artist. Reproduction and images of Work in which the purpose of the reproduction or image is predominantly unrelated to the Work shall not require reference to artist. Section 10. Artist Reproduction Rights. Pursuant to Section 8, CITY agrees that ARTIST shall have the right to reproduce and distribute in printed form and on non-commercial 228 CONTRACT NO. educational materials and brochures advertising or promoting ARTIST and ARTIST'S career, two-dimensional images such as photos, slides, or realistic renderings, video tapes, or films of the Work as installed. Such reproductions and use of the images of the Work for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty fee shall be due and payable to ARTIST for such use. Such reproduction and images of the Work for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to City of Palm Desert. Section 11. Records. CITY agrees to maintain for a reasonable period of time a record of this Agreement and of the location and disposition of the Work. Section 12. Breach of Agreement; Arbitration. (a) In the event ARTIST or CITY believes that the other has failed to faithfully perform this Agreement, the aggrieved party shall notify the other in writing of such failure. Such notice shall specify in detail each and every failure and the reason such failure is a breach of the Agreement. In the event that the parties cannot resolve the dispute, the Arbitration Service of the California Lawyers for the Arts shall determine whether or not there has been a failure to perform this Agreement and such determination shall be final and binding upon both ARTIST and CITY. (b) If any matter is to be submitted to a third party for resolution, all fees, expenses, and costs connected therewith shall be borne jointly and equally by CITY and ARTIST. Each and every obligation under this Agreement to submit any matter to a third party for resolution is conditioned upon the foregoing provision of this paragraph. If any matter is to be submitted to the Arbitration Service of the California Lawyers for the Arts for resolution pursuant to the Agreement, and if, at the time such submission is called for, the Arbitration Service of the California Lawyers for the Arts is not in existence or is not able or willing to provide such resolution service, then the matter shall be submitted for resolution to the American Arbitration Association in accordance with their procedures then in use. Section 13. Artist's Rights; Notification of Change of Address. ARTIST shall notify the CITY of any change of address and failure to do so shall constitute a waiver of ARTIST'S rights pursuant to this Agreement during the time such omission prevails. Any waiver of a right pursuant to this Agreement for failure to maintain ARTIST'S current address so aforesaid may be cured prospectively only by notifying the CITY of ARTIST'S current address. All rights of ARTIST pursuant to this Agreement shall be personal to ARTIST and shall terminate upon either the legal disability or incompetence of ARTIST or upon the death of ARTIST, except as provided ARTIST under the Copyright Laws. No right of ARTIST pursuant to this Agreement may be assigned or transferred in any manner, including without limiting the generality of the foregoing any hypothecation or pledge or any grant of any security interest, except as provided by ARTIST under the Copyright laws. Section 14. Notice. All notices shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: City: City of Palm Desert 229 CONTRACT NO. Erica Powell, Public Art Management Analyst 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 Artist: Delos Van Earl 55666-A Yucca Trail Yucca Valley, CA 92284 (760) 333-2274 Section 15. Entire Agreement; Amendment. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. CITY OF PALM DESERT, a municipal corporation: L. Todd Hileman, City Manager Date ATTESTED TO: Anthony J. Mejia, City Clerk ARTIST: Delos Van Earl Date APPROVED AS TO FORM: Isra Shah, City Attorney Date 230 CONTRACT NO. CONTRACT TO PURCHASE ARTWORK This Agreement is made as of August 22, 2024 by and between the City of Palm Desert, a municipal corporation ("CITY"), and Karen & Tony Barone, a partnership located in Rancho Mirage, California ("ARTIST") who agree as follows: RECITALS Section 1. As part of the City's Art in Public Places program, certain funds are available for the establishment of artworks in public places and for the purchase or commissioning of artworks and; Section 2. History of Work. SWIRLY GIRL (Female Superhero) by Karen & Tony Barone has been and will be displayed on El Paseo as part of the 2023/2024 El Paseo Exhibition from November 2022 through October 2024. The Work was selected for purchase by CITY through review by the Cultural Arts Committee, and is therefore being purchased by CITY. NOW, THEREFORE, the parties mutually agree as follows: Section 1. Price. CITY shall pay ARTIST a firm fixed price of $17,700.00 for the sculpture described as SWIRLY GIRL (Female Superhero) ("Work"). It is agreed that City has no obligations regarding commissions or any agreements with galleries or agents with whom ARTIST may have contracted. Section 2. Warranty of Originality. ARTIST warrants that the performance, design, and Work being purchased is original and the product of ARTIST'S own creative efforts and does not infringe the right of any persons. ARTIST also warrants that, unless otherwise stipulated in writing and attached hereto, the Work is original, that it is an edition of one (1), and that ARTIST shall not sell, license, perform, or reproduce a substantially identical copy of the Work without the prior consent of CITY. Section 3. Warranty on Workmanship. ARTIST shall warrant and maintain his/her Work free from all faults or defects arising from material and workmanship for a period of one (1) year after purchase. Section 4. Alteration of Work. Pursuant to the provisions of the California Art Preservation Act, California Civil Code section 987 et seq., CITY agrees that it will not intentionally destroy, damage, alter, modify, or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, then the Work will no longer be represented as the work of the ARTIST without his/her written permission. CITY agrees to reasonably assure that the Work is properly preserved, maintained, and protected. CITY shall, however, have the right to move or relocate the Work or remove it from display without the consent of ARTIST. Section 5. Repair. Insofar as is practical, in the event repair of the Work is required, CITY shall give ARTIST, during his or her lifetime, the opportunity to do that work for a reasonable fee. In the case of disagreement between CITY and ARTIST as to what 231 CONTRACT NO. constitutes a reasonable fee, the fee determined by an independent conservator selected by CITY shall be considered a reasonable fee. In the event ARTIST refuses to make the repair for such fee, CITY may proceed to arrange for such repair by a person qualified to accomplish the restoration. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by CITY without advance notice to ARTIST, and such repairs shall not be deemed to constitute an artistic alteration. Section 6. Authorship of Work. ARTIST shall retain the right to claim authorship of the Work. CITY shall assure that ARTIST'S name shall be publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or artistically altered in a substantial manner, CITY shall no longer represent the Work to be the Work of ARTIST if ARTIST gives written notice to CITY that it is the position of ARTIST that ARTIST has the right to deny authorship on the grounds stated in this paragraph. In the event CITY disputes the right of ARTIST to deny authorship, the matter shall be submitted to the Arbitration Service of California Lawyers for the Arts which shall determine the issue of whether the Work is substantially damaged or artistically altered in a substantial manner. Such determination shall be binding upon CITY and ARTIST and neither shall have any further recourse or cause of action regarding the matters so determined. Section 7. Indemnification. ARTIST shall assume the defense of, and indemnify and save harmless, the City, its officers, agents, employees and volunteers, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, and expenses of every type and description to which any or all of them may be subjected, by reason of, or resulting from, directly or indirectly, the performance of this Agreement by ARTIST, whether within or without the scope of this Agreement, whether or not it is caused in part by a party indemnified hereunder. The foregoing shall include, but not be limited to, any attorney fees reasonably incurred by CITY. The obligation to defend and indemnify the CITY shall terminate upon the completion of the one year warranty period. Section 8. Copyright. Upon purchase of ARTIST'S Work, copyright of the Work will be owned jointly by CITY and ARTIST and no further use of the copyright will be made by ARTIST or CITY without the written consent of the other, which consent will not be unreasonably withheld. CITY has the right to reproduce and distribute in printed form and on commercial documents and/or brochures or any other literature of CITY describing or dealing with its real estate holdings, photographs, realistic renderings, videotapes, or films of the Work. Such reproductions and use of the images of the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by CITY to ARTIST for such use. Section 9. Credit to the Artist. Such reproduction and images of the Work which feature the Work as art for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the artist. Reproduction and images of Work in which the purpose of the reproduction or image is predominantly unrelated to the Work shall not require reference to artist. 232 CONTRACT NO. Section 10. Artist Reproduction Rights. Pursuant to Section 8, CITY agrees that ARTIST shall have the right to reproduce and distribute in printed form and on non-commercial educational materials and brochures advertising or promoting ARTIST and ARTIST'S career, two-dimensional images such as photos, slides, or realistic renderings, video tapes, or films of the Work as installed. Such reproductions and use of the images of the Work for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty fee shall be due and payable to ARTIST for such use. Such reproduction and images of the Work for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to City of Palm Desert. Section 11. Records. CITY agrees to maintain for a reasonable period of time a record of this Agreement and of the location and disposition of the Work. Section 12. Breach of Agreement; Arbitration. (a) In the event ARTIST or CITY believes that the other has failed to faithfully perform this Agreement, the aggrieved party shall notify the other in writing of such failure. Such notice shall specify in detail each and every failure and the reason such failure is a breach of the Agreement. In the event that the parties cannot resolve the dispute, the Arbitration Service of the California Lawyers for the Arts shall determine whether or not there has been a failure to perform this Agreement and such determination shall be final and binding upon both ARTIST and CITY. (b) If any matter is to be submitted to a third party for resolution, all fees, expenses, and costs connected therewith shall be borne jointly and equally by CITY and ARTIST. Each and every obligation under this Agreement to submit any matter to a third party for resolution is conditioned upon the foregoing provision of this paragraph. If any matter is to be submitted to the Arbitration Service of the California Lawyers for the Arts for resolution pursuant to the Agreement, and if, at the time such submission is called for, the Arbitration Service of the California Lawyers for the Arts is not in existence or is not able or willing to provide such resolution service, then the matter shall be submitted for resolution to the American Arbitration Association in accordance with their procedures then in use. Section 13. Artist's Rights; Notification of Change of Address. ARTIST shall notify the CITY of any change of address and failure to do so shall constitute a waiver of ARTIST'S rights pursuant to this Agreement during the time such omission prevails. Any waiver of a right pursuant to this Agreement for failure to maintain ARTIST'S current address so aforesaid may be cured prospectively only by notifying the CITY of ARTIST'S current address. All rights of ARTIST pursuant to this Agreement shall be personal to ARTIST and shall terminate upon either the legal disability or incompetence of ARTIST or upon the death of ARTIST, except as provided ARTIST under the Copyright Laws. No right of ARTIST pursuant to this Agreement may be assigned or transferred in any manner, including without limiting the generality of the foregoing any hypothecation or pledge or any grant of any security interest, except as provided by ARTIST under the Copyright laws. Section 14. Notice. All notices shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: 233 CONTRACT NO. City: City of Palm Desert Erica Powell, Public Art Management Analyst 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 Artist: Karen & Tony Barone 37081 Ferber Dr. Rancho Mirage, CA 92270 (760) 333-8953 Section 15. Entire Agreement; Amendment. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. CITY OF PALM DESERT, a municipal corporation: L. Todd Hileman, City Manager Date ATTESTED TO: Anthony J. Mejia, City Clerk ARTIST: Karen & Tony Barone Date APPROVED AS TO FORM: Isra Shah, City Attorney Date 234 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Chris Gerry, Senior Project Manager SUBJECT: APPROVE THE PURCHASE OF 19 TRAFFIC SIGNAL CABINETS FOR TRAFFIC SIGNAL HARDWARE UPGRADES (PROJECT NO. MTS00003) RECOMMENDATION: 1. Approve the purchase of 19 traffic signal cabinets for Traffic Signal Hardware Upgrades to Econolite Control Products, Inc., in the amount of $381,718.67. 2. Authorize the City Manager to execute all documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: The Traffic Signal Hardware Upgrade Project is an annual maintenance program that involves upgrading and replacing existing traffic signal hardware. The Public Works Department is responsible for the advance purchase of traffic signal cabinets due to the extensive manufacturing lead time, which can span several months. To ensure optimal functionality and minimize downtime, staff conduct rigorous quality control checks on each cabinet before deployment. Current Status: The traffic cabinets are slated for installation in upcoming traffic rewiring and intersection improvement projects. Having these cabinets readily available allows for more efficient project scheduling, thereby reducing potential disruptions to motorists. Inventory Management: The City owns and maintains more than 100 signalized intersections. Each signalized intersection includes a signal controller cabinet that houses the signal controller and other vital signal components. The majority of the City -owned controller cabinets are Econolite Type P cabinets, with a few Econolite Type R cabinets. Recent vehicle accidents have damaged existing cabinets, and the current stock has been utilized to replace them. The requested cabinets are intended to replenish the City's inventory, provide a reserve for future incidents, and ensure a swift response to any unforeseen damage. Conclusion: The procurement and preemptive quality control of traffic cabinets are crucial for maintaining traffic infrastructure and minimizing project delays. This proactive approach not only supports ongoing and upcoming traffic management projects but also strengthens the City's capacity to address emergencies and maintain efficient operations. Econolite Control Products, Inc., has continuously been the exclusive manufacturer and supplier of all City traffic signal cabinets to ensure uniformity and compatibility across our traffic management system. This approach simplifies maintenance and repair by using interchangeable parts and components. Additionally, Page 1 of 2 235 City of Palm Desert ADDrove Purchase of Traffic Sianal Cabinets it allows the City to secure cost savings through bulk purchasing agreements and reduces the administrative burden of managing multiple suppliers. By consolidating the purchases with one manufacturer, the City receives enhanced system reliability and streamlined technical support. Note the vendor is the sole source provider of this cabinet (see attachment), and the cabinet is not offered through a State procurement program managed by the California Department of General Services. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: Funds in the amount of $800,000 for Traffic Signal Hardware Upgrade Project are included in the approved FY 2024-25 Capital Improvement Project (CIP) List. The expense is allocated to Measure A Account No. 2134250-5000906; therefore, approval of this purchase has no financial impact to the General Fund beyond administrative costs. ATTACHMENT: 1. Quote 2. Sole Source Provider Letter Page 2of2 236 OeCIDAIDLITLE 7/25/2024 To Robert Becerra Palm Desert, CA; City of 73-510 Fred Waring Drive 74-705 42 N D AVE Palm Desert, CA 92260-2578 Quotation Quote Name: Cabinets Quote Project Reference: Econolite Reference: Q-46074-046D Item # Part Qty Description Tariff Price per Extended 1 CAB18250 12 TS2-2 PNG P44 BM 16 VERT MP $42.15 $18,134.80 $217,617.60 CABINET, IN/OUT-BARE 2 CAB18919 1 P44, NAT-OUT/IN, TS2-1 PNG, 16V, $25.86 $18,783.00 $18,783.00 BM CABINET WITH STREET LIGHTING SUB -PANEL 3 CAB18301 5 T52-1 PNG R77 BM 16 POS VERT $23.75 $19,713.75 $98,568.75 MAIN PNL CABINET; IN/OUT-BARE 4 CAB18920P 1 R77, NAT-OUT/IN, TS2-1 PNG, 16V, $23.75 $18,668.25 $18,668.25 BM CABINET W/PLANS MONTEREY @ DINAH SHORE Subtotal $353,637.60 Shipping & Handling* Taxes** $27,406.91 Ta riffs* * $674.16 TOTAL $381,718.67 1250 N. Tustin Ave. Anaheim, Ca. 92807 econolite.com/feedback Page 1 237 J0 ECONOL/TE Quotation Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements. Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law. Quote Valid For Days: 60 FOB: Econolite Factory Terms: NET30 *Ship Terms: PPD **Taxes and Tariffs Estimated (if included) Co-rg:-j Ke LLj Corey Kelly, Account Manager, Senior Mobile: 714-273-4912 ckelly@econolite.com Shipping Date: To be determined at time of receipt of order 1250 N. Tustin Ave. Anaheim, Ca. 92807 econolite.com/feedback Page 2 238 * ECOMOLI TE MOVING TRAFFIC FORWARD To: City of Palm Desert From: Corey Kelly Date: 8-8-24 Re: Sole Source To whom it may concern, This letter is to verify that Econolite located at 1250 N. Tustin Ave., Anaheim, California 92807 is the sole developer, provider or manufacturer of any and all, "Econolite" and "Safetran" products in the state of California. This would include: 1. Plug-N-Go Cabinets and Hardwire: TS1 and TS2 2. Controllers: Cobalt® and Safetran 2070®. This also includes any products or licensing that would be associated with Econolite proprietary products. Example: ASC3® or EOS® software upgrades can only be purchased through Econolite as the software is developed, registered, and licensed for use only by Econolite. 3. System software: Centracs®, Centracs MOE@, Centracs SPM®. Example: Centracs® software upgrades can only be purchased through Econolite as the software is developed, registered, and licensed for use only by Econolite. 4. Autoscope® video detection: ENCORE®, Rack Vision Terra® and Vision® are registered trademarks of Image Sensing Systems. Econolite is the sole distributor of Autoscope® products in the United States. 5. Econolite Blue Series Cabinets. 6. In -ground wireless detection: Econolite-branded AccuSense® sensors, peripherals, and software. 7. Econolite Signals and Display Products 8. Econolite branded BTU's, Load Switches, Power Supplies, Zinc Blue UPS and any other products with the Econolite® name. 9. Econolite EVO Radar Detection. If you have any questions concerning this matter, please contact me at (714) 273-4912. We appreciate the opportunity for your business! Thank You, Corey Kelly Econolite 1250 N. Tustin Avenue 0 Anaheim, California 92807 0 Ph- (714) 630-3700 0 Fax: (714) 630-6349 econolite.com 0 feed back.econolite.corn 239 240 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Erica Powell, Management Analyst SUBJECT: APPROVE THE RELOCATION OF RECYCLE BY JOHN BRANSTETTER RECOMMENDATION: Approve the relocation of Recycle sculpture by John Branstetter, currently located on El Paseo, to the Burrtec Waste Management Recycle Center on Corporate Way. BACKGROUND/ANALYSIS : In 2007, the sculpture Recycle by artist John Branstetter was created to support the City of Palm Desert's recycling program and energy initiatives. Recycle was displayed in front of City Hall for one year before being relocated in 2009, to El Paseo, west of Highway 74. In response to the Cultural Arts Committee's request to consider possible deaccession of the sculpture, staff proposed its relocation at the June 12, 2024, meeting. This relocation, as defined under the City's Public Art Deaccessioning Policy, would move the sculpture to the City's right- of-way in front of the Burrtec Waste Management Recycle Center located at 41800 Corporate Way (exact location depicted in the attachment). Burrtec staff and the artist are both agreeable to the installation location. The City will continue to be responsible for the maintenance and any unexpected repairs of the sculpture. FINANCIAL IMPACT: The estimated costs for relocation are not to exceed $6,000, including deinstallation, logistics, site preparation, installation, and signage. Funding is available in Public Art Account No. 4364650-4337200. This project will not impact the General Fund. ATTACHMENTS: 1. Public Art Deaccession Policy 2. City of Palm Desert Public Art Deaccessioning/Relocating Worksheet 3. Artist Disclosure and Waiver of Proprietary Rights 4. Photos of current location and proposed relocation Page 1 of 1 241 242 City of Palm Desert's Public Art Deaccessioning Policy DEFINITION Deaccession means the formal process to permanently remove a City -owned public artwork by selling, donating, or destroying it. POLICY A. The purpose of the Public Art Deaccessioning Policy ("Policy") is to maintain a deaccession program that results in high -quality, City -owned public artwork; eliminate artworks that are unsafe, not repairable, or no longer meet the needs of the City, and respect the creative rights of artists. B. Although the City of Palm Desert would like each public artwork to remain in situ for a minimum of 15 years (although 15 years is not a limit on the life of an artwork), it recognizes that public artwork is not necessarily going to remain in place in perpetuity. C. Any proposal for removal, destruction, or relocation of an artwork shall be submitted to the Cultural Arts Committee by City staff and reviewed according to the policies and procedures contained herein and shall be deliberate and independent of political pressures, fluctuations in artistic taste, popularity, and public opinion. D. At regular intervals, the City's public artwork collection shall be evaluated by the Cultural Arts Committee to determine the condition of each artwork and determine whether any artwork should be deaccessioned. APPLICABLE ARTWORK This Policy applies to all City -owned artwork acquired through the Public Art program or through donation. In the case of donated artwork, all legal documents surrounding the donation must be reviewed and a legal opinion rendered by the City Attorney before proceeding with the deaccessioning process. CRITERIA FOR DEACCESSIONING One or more of the following criteria must apply prior to an artwork being deaccessed: 1. Damage Beyond Repair - The artwork has been damaged and repair is unfeasible or repair costs would exceed the value of the artwork. 2. Safety - The artwork is deemed hazardous and a threat to public safety. 3. Deterioration - The artwork has deteriorated to the point that the restoration cost is greater than its monetary value or the artwork has deteriorated beyond the original design and restoration would prove impractical or would render the work essentially false. 4. Security - The condition or security of the artwork cannot be reasonably guaranteed or the City of Palm Desert cannot properly care for or store the artwork. 5. Site Alteration - In the case of site -specific artwork, the artwork has become inappropriate, is no longer accessible to the public, it is unsafe, or it is due to be destroyed and would severely alter its relationship to the site. 243 City of Palm Desert's Public Art Deaccessioning Policy 07/13/2023 6. Excessive Maintenance - The artwork requires excessive or unreasonable maintenance. 7. Loss of Site — The current site is no longer available and no suitable alternate site for the artwork is available. 8. Aesthetic Value - The artwork is of poor quality or is judged to have little aesthetic and/or historical or cultural value. 9. Failure to Comply - If the approved terms of the contract pursuant to which the artwork was installed have not been fulfilled. 10. Inauthentic - The artwork is a forgery or in violation of existing copyright laws. 11. Theft — The artwork has been stolen. Any stolen artwork will be documented through an official police report and a report prepared by the entity that owns or is responsible for the site of loss. SEQUENCE OF ACTION / PROCEDURES 1. Deaccession requests may be submitted by a neighborhood organization, City department, independent City board or commission, or a City Council member. The Cultural Arts Committee will review each preliminary request. City staff will work with the applicant to bring a full proposal to the Cultural Arts Committee. 2. Staff will provide the applicant with a Deaccessioning Form that will serve as the applicant's formal request for consideration by the Cultural Arts Committee. 3. Staff (with assistance from the property owner, if applicable) will make reasonable effort to notify and consult with any living artist(s) whose work is being considered for deaccession as to the best procedure for artwork removal. The City will allow the artist(s) 30 days to respond. 4. If the artist(s) is/are deceased, the City will make reasonable efforts to contact artist(s) estate. 5. After an attempt to contact the artist(s) is made, staff will consult with the City Attorney on how to proceed with the deaccessioning. 6. Once the request is reviewed by the City Attorney, the applicant will complete and return the Deaccessioning Form. 7. City staff will use the information from the Deaccessioning Form to complete a staff report addressing the proposed removal of the artwork. The staff report will provide all available relevant information and materials to the Cultural Arts Committee, including, but not limited to: a. Artist, Title, and Location of artwork. b. Name of property owner and contact information. c. Property owner at the time of commission or installation. d. Year commissioned/purchased, original cost of artwork, and applicable Art in Public Places (AIPP) fee. e. Dimensions and removal/re-installation instructions. f. Appraisal of the artwork provided by a qualified art appraiser and current condition of artwork. If appropriate, current fair market value of the artwork. g. Detailed reason for deaccessioning/relocating artwork. h. Proposed deaccession method or new location for artwork (relocation, sale, donation, demolition, etc.). [Type here] 244 City of Palm Desert's Public Art Deaccessioning Policy 07/13/2023 i. Maintenance evaluation. j. Any relevant images. 8. The staff report will then be placed on the Cultural Arts Committee agenda at a regularly scheduled public meeting, where it will be reviewed and voted on. 9. If the Cultural Arts Committee approves the deaccession, City staff will bring the staff report before the City Council for review and final action. 10. If deaccession is approved by the City Council, all documents will be updated to reflect the deaccessioning of the artwork. Staff will review property records from the County Recorder's Office and if an artwork covenant is recorded against the property, the City will cause a release covenant to be filed. 11. The deaccessioning process should be documented in both written and visual form. 12. If an artwork is sold, proceeds should be deposited into the Art in Public Places fund. 13. The City's Risk Manager must be notified so that the work can be removed from the City's insurance policy. DEACCESSIONING METHOD OPTIONS 1. If appropriate, reasonable efforts will be made to move the work to a new location within the City. If the artwork was designed for a specific site, City will consider the artist's intent when deciding where to relocate the artwork. 2. The artist(s) will be given the first option to purchase or exchange the artwork. If the artist(s) decides to purchase the work, they will be responsible for the cost of the removal of the artwork from the current site. If the artist(s) is/are deceased, the legal heir(s) will have first rights of purchase. The artist(s) can purchase the artwork at fair market value according to the appraisals obtained by a qualified appraiser. 3. Put the work in storage until a new, appropriate location can be found. 4. Donate work to a school, an educational or non-profit organization. 5. Dispose of work in an appropriate manner. PROVISIONS FOR EMERGENCY REMOVAL In the event that the structural integrity or condition of an artwork is such that, in the opinion of the Public Art staff, the artwork presents an imminent threat to public safety, the City Manager may authorize its immediate removal without Cultural Arts Committee action or the artist's consent and have the work placed in temporary storage. The artist and the Cultural Arts Committee will be notified of this action within 30 days. The Committee will then consider options for disposition: repair, reinstallation, maintenance or deaccessioning. If the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist's Agreement with the City and County has not waived his/her rights under the California Art Preservation Act and the Visual Artists Rights Act, City staff will attempt to gain such written permission before proceeding. In the event that this cannot be accomplished before action is required in order to protect the public health and safety, the City Manager shall proceed with the advice of the City Attorney. [Type here] 245 City of Palm Desert's Public Art Deaccessioning Policy 07/13/2023 COMPLIANCE WITH APPLICABLE POLICIES AND REGULATIONS Deaccession and removal of artwork will be done in a manner that complies with all other applicable city, state, and federal procedures, policies and regulations. For example, deaccession and removal actions must comply with applicable procedures and laws relating to the disposition of city property and with laws protecting artists' rights. [Type here] 246 City of Palm Desert Public Art Deaccessioning/Relocating Worksheet Artist: John Branstetter Title: Recyc/e Location of work: West end of El Paseo, near Hwy 111, across from Sandpiper Community Name of property: El Paseo median, City of Palm Desert right-of-way Contact name: Erica Powell. Manaaement Analvst — Public Art Phone: 760-346-6346 Extension: FAX: Property owner at the time of commission: City of Palm Desert Year commissioned/purchased: 2006, 2008 installed Purchase Price / Art in Public Places fee / Value at time of install: $20,000 Dimensions: Height:11' Width: 4' Depth: 15" Weight: unknown Estimated current fair market value: unknown Source of estimation: n/a Proposed deaccession reviewed by City Attorney: Yes: X No: Detailed reason for deaccessioning artwork: To promote City's recycle program at Burrtec's recycling center in Palm Desert. Sculpture has been on display in the median of El Paseo, prime real estate, for 15 years and the Cultural Arts Committee would like to refresh this art Dad and Dromote the recvcle center. Proposed deaccessioning method: relocation New location for work (if it is being moved): Burrtec Waste and Recycling Center, 41800 Coraorate W Condition: Excellent XX Good Fair Maintenance evaluation and instructions: Poor 247 I Docusign Envelope ID: 2D3782CA-1812-407B-AA80-19D9CD2CB9E6 DISCLOSURE AND WAIVER OF ARTIST'S PROPRIETARY RIGHTS 1. Disclosure of Artist's Rights: In 2006, the City of Palm Desert (the "City") commissioned artist John Branstetter (the "Artist") to create a public artwork that would educate and encourage City residents to recycle and conserve. As a result, the Artist designed a work of visual art in the form of a sculpture, titled "Recycle" ("the Sculpture"). The Artist may have "moral rights" in the Sculpture, which include the right of attribution (authorship) and integrity (the right to prevent intentional distortion, mutilation, or other modification of the artwork). 1.1 The two most relevant laws with respect to proprietary rights in original artwork are: (a) The Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) ("VARA"); and (b) The California Art Preservation Act (Cal. Civ. Code §§987 - 989)("CAPA"). 1.2 The laws listed above are not intended to be a complete list of all laws in this area or a complete recitation of the law in this area. The Artist is encouraged to read the laws above and to seek legal advice to better understand the Artist's rights in the Sculpture. 2. Waiver of Proprietary Rights 2.1 The Artist agrees to waive and does hereby waive voluntarily all rights to attribution and integrity with respect to the Sculpture and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) ("VARA"), the California Art Preservation Act (Cal. Civ. Code §§987 - 989) ("CAPA"), or any other local, state, foreign or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights ("Moral Rights Laws"), with respect to the Sculpture, its display, removal from display, exhibition, installation, deaccession, conservation, storage, study, alteration and any other activities conducted by the City, its officers, employees, agents, contractors, licensees, successors or assigns. 2.2 The Artist agrees that if the Sculpture is removed, transported or reinstalled in such a way so as to sustain unintentional physical defacement, mutilation, alternation, distortion, destruction, or other modification (collectively, "Modification") of the Mural, Artist waives any and all such claims under any Moral Rights Laws arising out of or against the City its officers, employees, agents, contractors, licensees, successors or assigns for Modification of the Mural. 2.3 The Artist Agrees that the City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the Sculpture, in whole or in part, in the City's sole and absolute discretion. 2.4 The Artist understands and agrees that the City has no obligation to pursue claims against third parties for modifications or damage to the Sculpture done without the City's 249 Docusign Envelope ID: 2D3782CA-1812-407B-AA80-19D9CD2CB9E6 authorization. However, the City may pursue claims against third parties for modifications or damage or to restore the Sculpture if the work has been modified without the City's authorization. In the event that the City pursues such a claim, the City shall make a good faith effort to notify the Artist, and Artist shall cooperate with the City's efforts to prosecute such claims. 2.5 If the City modifies the Sculpture without the Artist's consent in a manner that is prejudicial to Artist's reputation, Artist retains the right to disclaim authorship of the Artwork in accordance with 17 U.S.C. § 106A (a) (2). 2.6 The Artist bears the sole responsibility for providing City with any changes to the Artist's address for notice. 2.7 Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the Party to be served as follows: To the City: Erica Powell, Management Analyst 73510 Fred Waring Drive Palm Desert, CA 92260 ARTIST Si ned by: E By: 431 ... Date: 7/31 /2024 To the Artist: John Branstetter 44917 Golf Center Parkway #3, Indio, CA 92201-7301 250 Current Location and Proposed Relocation for Recycle by John Branstetter Current Location on El Paseo west of Hwy 74 Proposed relocation on City's right-of-way in front of the Burrtec Waste Management Recycle Center located at 41800 Corporate Way, Palm Desert 251 252 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Shawn Muir, Community Services Manager SUBJECT: AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC. RECOMMENDATION: 1. Authorize the purchase of bench and waste bin replacements for El Paseo from Outdoor Creations, Inc., in the amount of $212,095.10. 2. Authorize appropriation in the total amount of $212,095.10 from Reallocated Capital Improvement Bond Proceed Funds to Account Number 4514679-5000102. 3. Authorize the City Attorney to make necessary nonmonetary changes to the agreement. 4. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action. BACKGROUND/ANALYSIS : El Paseo is an integral part of the core commercial area in Palm Desert, providing shopping and dining experiences for residents and visitors. Public Works staff are responsible for maintaining the roads, sidewalks, medians, landscaping and outdoor equipment, including benches and waste bins. The benches and waste bins on El Paseo were replaced in 2012 with a recycled concrete product, which has been found to have a shorter lifespan than new concrete products. The benches and waste bins are in poor condition and need replacement. Staff conducted research to attain a more durable alternative and discovered that products containing a nano -coating were more resistant to staining and graffiti, easier to clean, and are longer -lasting. Staff contacted four concrete vendors to solicit quotes for the benches and waste bins. One vendor declined to provide the custom product requested. The three quotes obtained are as follows: Vendor Location Cost Seawright Custom Precast, Inc. Coachella, California $177,340.34 Outdoor Creations, Inc. Anderson, California $212,095.10 Wasau Tile, Inc. Rothschild, Wisconsin $238,238.47 Although Seawright Custom Precast, Inc. provided the lowest proposal, staff have previously found this vendor to have long lead times for large orders. Staff intend to purchase the equipment and complete installation before the peak shopping season on El Paseo. Furthermore, the quote does not include the nano -coating which is desirable for maintaining the benches and waste bins Page 1 of 2 253 City of Palm Desert Authorize Purchase of El Paseo Benches and Waste Bins in the long term. Therefore, staff recommend awarding the Goods and Equipment Purchase Agreement to Outdoor Creations, Inc. Legal Review: This report has been reviewed by the City Attorney's office. Appointed Body Recommendation: Staff attended two El Paseo Business Improvement District (EPBID) board meetings to present options for bench and waste bin replacement. EPBID members asked questions and provided input on the design and composition of the benches and waste bins. After receiving this input, staff recommend purchasing 35 new, permanent benches and 35 new, permanent waste bins to replace the existing outdoor equipment along El Paseo. FINANCIAL IMPACT: The purchase of the El Paseo equipment is not included in the approved Capital Improvement Project (CIP) List for Fiscal Year 2024-25, as the request was brought forward after the budget approval process. Given the longer -lifetime and sustainability of the new product, staff requests an appropriation of $212,095.10 from reallocated capital improvement bond proceed funds to Account No. 4514679-5000102. Description 2024-25 Project Cost Budget Requested Appropriation Custom Dual Waste Bins $0 $116,192.21 $116,192.21 Custom Flat Benches $0 $95,902.89 $95,902.89 Totals $0 $212,095.10 $212,095.10 ATTACHMENTS: 1. Outdoor Creations — Quote and Design 2. City Goods and Equipment Purchase Agreement — Outdoor Creations, Inc. Page 2of2 254 QUOTATION AUTHORIZED SALES PERSON SIGNATURE Tim L. Hudson 7/25/24 Outdoor Creations Inc. 2270 Barney Road Anderson, CA 96007 USA PH# 530-365-6106 FX# 530-365-5129 Email tim@outdoorcreations.com SOLD TO Palm Desert, City of Accounts Payable 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 USA Sales Rep Good Thru Tim L. Hudson 8/24/24 Date: 7/25/24 Quote No.: Q7428 SHIP TO Custom Flat Benches Brad Chuck 760-423-3392 bchuck@palmdesert.gov Palm Desert, CA 92260 I111,13 IVI\S INC. Purchase Order Qty. UOM Model # Description Unit Price Amount 35 EA Custom Custom Block Leg 18" x 18" x 78" Flat Bench with 2,368.00 82,880.00 Skate Deterrents and Reveal at Top. 35 <Each> Cast In Logo Cast In Logo - City of Palm Desert Logo Painted Black & Tan on two sides of bench EA LT SB Light Sandblast EA NANO Nano - Non -sacrificial sealer <Each> Tan ODC Tan Color 1 <Each> Shipping Must Be Taxed, Company Owned Truck 6,125.00 6,125.00 PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. TOTAL Please sign hereto confirm your order and acknowledge that you have read and understand our terms and conditions Final sales tax will be Forklift required upon delivery unless other arrangements made prior to order. calculated at time of shipping. STANDARD DELIVERY A.R.O AND APPROVED SUBMITTALS/ORDER IS 16+ WEEKS (Does not apply to custom products). 255 255 N N ti Z O U W Cn U z_ x J z 0 0 Cr Q CL w d � Q U CC LLJ O 7�- O C] ci ZD =) O U 00 ti X 00 x �Q U 2� UW z U) ww mQ Q� WQW 7�-- LL. Op H� U UU p a� O) a� cz C O y 'a co cc 00 r- Ui gG UI ZG UI Z/l G UI 9� UI Z4 G Ui g[ c m U p U y C p� � O L O L c, O pip Ur OV"000 XC.D cUC ��TO "0 T Ul g[ i W ca � m N Ul m U) N : C� o N J co r D LU 2�OCw CD W OQ ��oUw rC z �caj,�cM°� F PMl0 OCCOOM m oCO wv o �o "v" iNCCO N ¢ !SLL Q d Q CO O _y CT O O T O U Ci C l cz CU �CC CY] a -O c o C S is > L c W C y+ V O O O O C CZ- U ] O c a�aa p'y U O N aL j U E c-z n� C > z C z— ma c w > o c ate. -ate ymo J aO+yy r E N.' 4J tC L Q C O- C/) L C-C3 (6 WW w a U E U _ C E N O C-DZ �dcU Cci OO�UL w a� o a� a mF-:Fm E w* -m-0 co m ca 8 U5 E= U C U'y N 2.2 �U N L N rC G-p yT NO a `oa �Q�`cy yR 'off iaV L O y GJ 0 CZ a y C= E H U C> C d= y=+. E rC L y N y U Vj •0_0 C C �:oi i"Qy oo-yj Wa`> Et°m��`a ��E �m a'ac ��y oc o�mwa ar mil-:: dw V y l6 C E2 tO y > E= O O_ a C.O-yY y d C LCi6 CUL E C RD O U f[6 C y T O� C N y tc d L°c' Sao — <a'`-''�a Y�N>`a�U c 3Lo ac c` a �co to W-v L y X C E Zr �i NMVin +'CCJH NCOr Im, O_'C ± � ƒ x � k 0 Ro � � E cm 7C3 OC) .E -�qxo o= CD c (D CD� o � .. � Q� \ �E �� �z QUOTATION AUTHORIZED SALES PERSON SIGNATURE Tim L. Hudson 7/25/24 Outdoor Creations Inc. 2270 Barney Road Anderson, CA 96007 USA PH# 530-365-6106 FX# 530-365-5129 Email tim@outdoorcreations.com SOLD TO Palm Desert, City of Accounts Payable 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 USA Sales Rep Good Thru Tim L. Hudson 8/24/24 Date: 7/25/24 Quote No.: Q7357 SHIP TO Custom Dual Waste Receptacles Brad Chuck 760-423-3392 bchuck@palmdesert.gov Palm Desert, CA 92260 I111,13 IVI\S INC. Purchase Order Qty. UOM Model # Description Unit Price Amount 35 EA Custom Custom 39" W x 33" T x 21 D Dual open top waste 2,906.00 101,710.00 container. Reveal at 6" from Top. 7" wide slots on bottom for lifting purposes- 2 Liners included - SQT29 35 <Each> Cast In Logo Cast In Logo - 26" x 18" City of Palm Desert Logo Painted Black & Tan on one side of unit 35 EA Custom Custom Lid - Powdercoated Recycle Blue with (2)RECYCLE Stickers - 9" Deposit Hole 35 EA Custom Custom Lid - Powdercoated Bronze with (2)TRASH Stickers - 9" Deposit Hole EA LT SB Light Sandblast EA NANO Nano - Non -sacrificial sealer <Each> Tan ODC Tan Color 1 <Each> Shipping Must Be Taxed, Company Owned Truck 6,125.00 6,125.00 PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. TOTAL Please sign hereto confirm your order and acknowledge that you have read and understand our terms and conditions Final sales tax will be Forklift required upon delivery unless other arrangements made prior to order. calculated at time of shipping. STANDARD DELIVERY A.R.O AND APPROVED SUBMITTALS/ORDER IS 16+ WEEKS (Does not apply to custom products). 258 258 Ul r > N j + � cz z � J C� _0 m c � `moo-M p N Cn N C _ m `Mv H OCO U) 0ox ZQ c +o a� J�� p ���N¢�� _ y O N C.3 cz w U UCD _O O ' C ZD W N o (3�OO13� J UIEE cUCD c a �FW---OUCI� w F Q'� > oU c a W N U M } N o Ul cc C/) c Q cn O a cC -x a� a' a, cn U _� o is 2 Z Q aa> m a0i = II a cu a'� C �C3rOa,>cn r m i O Q C.)m U Q w Z c O a�N �a J _ Q Q N U MCra.c� G> O r U CC caw CD ■ Ul g Ul C-� JI cn a� N TCT � Ch CO a O .F Q a c6 L Na • O z x a cl J cn c cn z > O coO CDJ a �_ o Q = Q Q o cm a 0 CD� c° `n wul lZ J 0 CD c o C%) N N -O O O rF r 3: NCO- % N O U Z N c+� O�CC�00 CDoom ::IIE "-o_ Ul 9 � Cl)w a� o r' "a'- x w a, o a Cn L) C-D m N x Ul } C C C E.E cz J N U -o SZ5 oo 'ac -boo U LLJ — CD CZ cz aNi i a� E OU E �v V) O c> LLl Oa acm o w C Q +�+ O U N L V fl p> R h U M- O—.0 c[ +-' C Q SEE �Nai2 cu 7 E c `° m c> L� c o 0 J'C LU Q �--, N O=�oaE 3�y� .N. �a c�a� aL� L) a cC _ -oo N-o dY o� �Yi uci '[ao o >- C cC c P3 a" o O— ti E �,• UC c�a i O poi �, o>'oc cE'3&c -o-. W W fn N cC N_ CC C/) U L U pp O `o>'-' a� ¢> E a`> a' co E W O O O N C'�'o c E o> "6 (n o c = CJ— (n x Q7 C N—z cz_ �. c�QL.EE-2 cvN>,���o�o_ CCJ O �� UYCO �oQotiyYv �c Rc�sa L� HQ cn/ OCL O �N E,C>5 TS `°`°c'`o o-t6 _m"c _O }, LU >� O E � c o'o �J a CU^i N ���w E�o'� �aci a�ca`i Opp pW�T..QC/) co��ie�LR oaa��a�.- Mai C) U� EE vi O t- `o c a'CL �a d .J -o Ma ' 0 L) L) T z � 3 min c.i riv in .=u6r 260 Contract No. CITY OF PALM DESERT GOODS AND EQUIPMENT PURCHASE AGREEMENT This Goods and Equipment Purchase Agreement ("Agreement") is entered into this 22ND day of AUGUST, 2024, by and between the City of Palm Desert ("City"), and OUTDOOR CREATIONS, INC., a CORPORATION, with its principal place of business at 2270 BARNEY ROAD, ANDERSON, CA 96007 ("Supplier"). City and Supplier are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. Section 1. DEFINITIONS/COOPERATIVE PROCUREMENT. A. Definitions. 1. "Goods" means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit "A," attached hereto and incorporated herein by reference. 2. "Delivery Date(s)" means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit "B." B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier. 1. Program. The purchase has been made through a REQUEST FOR QUOTES, a program for the procurement of goods and services for governmental agencies. Documents related to the procurement of this Agreement shall be made available to City upon request. 2. Reserved. Section 2. MATERIALS AND WORKMANSHIP. When Exhibit "A" specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City's written approval. Machinery, equipment or material installed in the Goods without the approval required by this 0 will be deemed to be defective material for purposes of 0. Where machinery, equipment or materials are referred to in Exhibit "A" as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at the City's request. Section 3. INSPECTIONS AND TESTS. The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit "A," then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under C. The inspection, failure to make 261 Contract No. inspection, acceptance of goods, or payment for goods shall not impair the City's right to reject nonconforming goods, irrespective of the City's failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer's warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under 0. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit "A" and shall be fit for the purpose intended. The City's inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this B. C. For any breach of the warranties contained in A and B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier's own expense and without cost to the City: Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City's plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives, and agents harmless against any and all third -party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this 0, the City will not be limited to the remedies set forth in this 0, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code. P) 262 Contract No. Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit "C," attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City's authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City's requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit "B," then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit "B." Supplier's progress billing invoice will include progress payments due for the original scope of work and changes. Each "Item for Payment" shown in Exhibit "B" and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit "B" or a change order, must have subcontractor and/or supplier invoices attached to Supplier's invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of Supplier's failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier's expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit "B" and in the amount associated with the Progress Milestone; 3 263 Contract No. 2. Written acceptance of the Goods by the City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier's performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit "B." Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit "B." B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state, or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the 51 264 Contract No. Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City's written permission before subcontracting any portion of the Goods. Except for the insurance requirements in A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier's insurance and indemnification obligations. No subcontract or order will bind City. Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier's property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier shall defend, indemnify and hold the City of Palm Desert ("City"), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of 5 265 Contract No. all damages and attorneys' fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier's defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier's own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives or volunteers. Section 14. INSURANCE. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance. RESERVED. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available A 266 Contract No. coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best's rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic's or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as "Claims"); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier's right to proceed with the delivery of the Goods by written notice to Supplier. In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City's cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. 7 267 Contract No. B. City may, for its own convenience, terminate Supplier's right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Contract No. Section 18. MISCELLANEOUS PROVISIONS. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Shawn Muir, Community Services Manager SUPPLIER: OUTDOOR CREATIONS, INC. 2270 BARNEY ROAD ANDERSON, CA 96007 Attn: TIM L. HUDSON Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. G. Attorneys' Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys' fees. H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 9 269 Contract No. I. No Third -Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City's Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. [SIGNATURES ON FOLLOWING PAGE] Me 270 Contract No. SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND OUTDOOR CREATIONS, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF PALM DESERT OUTDOOR CREATIONS, INC., A CORPORATION in Attest: L. Todd Hileman By. City Manager Its: General Manager Printed Name: Ken Nichols Anthony J. Mejia By: City Clerk Its: Approved as to form: go Best Best & Krieger LLP City Attorney 11 Regional Manager Printed Name: Nathan Packer QC: Insurance: Initial Review Final Approval 271 Contract No. Exhibit A Goods Specifications The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non -inclusive description of the project work and/or goods to be provided. • Quantity:35 Custom Block Leg 18" x 18" x 78" Flat Bench with Skate Deterrents and Reveal at Top. Cast In Logo - City of Palm Desert Logo Painted, Black & Tan on one side of bench, Medium Sandblast, Nano coating, Light Gray, tax and shipping Quantity: 35 Custom 39" W x 33" T x 21 D Dual open top waste container. Reveal at 6" from Top. 7" wide slots on bottom for lifting purposes- 2 Liners included - SQT29 Cast In Logo - 26" x 18" City of Palm Desert Logo Painted Black & Tan on one side of unit Custom Lid - Powdercoated Recycle Blue with (2) RECYCLE Stickers - 9" Deposit Hole Custom Lid - Powdercoated Bronze with (2) TRASH Stickers - 9" Deposit Hole Light Sandblast, Nano coating, Light Gray, tax and shipping `VA 272 Contract No. Exhibit B Delivery Schedule Manufacturer estimates an 18-week production schedule. Delivery will be scheduled upon completion of production. 13 273 Contract No. Exhibit C Fee Schedule Line Item 1 Description Benches Quantity 35 Unit of Measure each Unit Cost $2,368.00 $82,880.00 Shipping $6,125.00 Salex Tax $6,897.89 2 Waste Container 35 each $2,906.00 $101,710.00 Shipping $6,125.00 Sales Tax $8,357.21 TOTAL $212,095.10 14 274 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Jess Culpeper, Director of Capital Projects SUBJECT: AUTHORIZE OUT-OF-STATE TRAVEL FOR TWO PROJECT MANAGERS TO ATTEND THE AMERICAN PUBLIC WORKS ASSOCIATION CONFERENCE IN ATLANTA, GEORGIA RECOMMENDATION: Authorize out-of-state travel for two project managers to attend the American Public Works Association Conference on September 8 -11, 2024, in Atlanta, Georgia. BACKGROUND/ANALYSIS : On June 27, 2024, the City Council approved the FY 2024-25 Annual Budget including Out -of - State Travel requests, with authorization for the Director of Capital Projects and a project manager to attend the American Public Works Association (APWA) Conference from September 8 - 11, 2024. Due to scheduling conflicts, the Director of Capital Projects is no longer able to attend the conference and would like to request that a second project manager attend in his place. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: Funds are available in account number 1104134-4312000 for this purpose. There is no additional impact to the General Fund. Page 1 of 1 275 276 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Anthonette Castro, Administrative Assistant I REQUEST: RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS FROM DEVELOPMENT SERVICES DEPARTMENT, CODE COMPLIANCE DIVISION RECOMMENDATION: Adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE DEVELOPMENT SERVICES — CODE COMPLIANCE DIVISION, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022); RECORDS FROM 2017 THROUGH 2O19 (EXHIBIT A)." BACKGROUND/ANALYSIS : Government Code Section 34090 permits the destruction of City records with the written consent of the City Attorney and approval of the City Council. The City's records retention program, adopted on December 15, 2022, by Resolution No. 2022-98, establishes retention periods for all City records and provides for the systematic destruction of obsolete records. In accordance with the Retention Program, attached is Exhibit "A" the Records Destruction Certificate, which lists the records submitted for destruction. The Certificate will be reviewed and signed by the City Attorney as well as the City Clerk prior to destruction of all records. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: Destroying obsolete records reduces the costs associated with offsite document storage and records management. ATTACHMENTS: 1. Resolution 2. Records Destruction Certificate -Exhibit "A" Page 1 of 1 277 278 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE DEVELOPMENT SERVICES — CODE COMPLIANCE DIVISION, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022); RECORDS FROM 2017 THROUGH 2O19 (EXHIBIT A) WHEREAS, the Code Compliance Division of the City of Palm Desert, California, has records that have met or exceeded the retention period caused by the official files, records, exhibits, and other documents of said office pursuant to the Retention Schedule set forth on City Council Resolution No. 2022-98; and WHEREAS, said files are not the subject of any claim, litigation, investigation, or audit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Section 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter. Section 2. That it does hereby approve the destruction of all documents and records from files as set forth in Exhibit "A," attached hereto, which have met or exceeded their retention period. Section 3. That the Code Compliance Abandoned Vehicle Abatement Reports and Golf Cart applications listed in Exhibit A are not digitally imaged and have met or exceeded their retention period. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on this day of , 2024, by the following vote, to wit: ADOPTED ON 2024. KARINA QUINTANILLA, MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Form RS-2/2023 C:1Program Files\eSCRIBEITEMP1194302560011943025600,,,01 Resolution Destruction of Obsolete Records.docx Monday, August 12, 2024 279 RESOLUTION NO. 2024- 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 , 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEROF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on , 2024. ANTHONY J. MEJIA CITY CLERK August 12, 2024 Page 2 of 2 280 Dept. CODE CODE EXHIBIT A CITY OF PALM DESERT AUTHORITY TO DESTROY OBSOLETE RECORDS Retention Description Years Retention No. of Record Covered Period Abandoned CE-001 Vehicle 2011- 5 years Abatement 2018 Reports CE-010 Golf Cart 2013- 5 years Applications 2018 Shred or Discard Shred Shred I consent to the destruction of these obsolete records according to accepted policies and procedures. City Clerk Date City Attorney Date Approved by City Council: Original: City Clerk's Office Copy: Department Citywide Records Management Policy Resolution No. 2022-71 281 282 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Celina Cabrera, Management Analyst SUBJECT: FIRST AMENDMENT TO GERALD FORD APARTMENTS, LP HOUSING AGREEMENT TO DELINEATE THE NUMBER OF 2-BEDROOM AND 3- BEDROOM UNITS RECOMMENDATION: 1. Approve Amendment No. 1 by and between the City of Palm Desert and Gerald Ford Apartments, a California Limited Partnership ("Owner"), in accordance with the conditions of approval of the development of 150 units known as Gerald Ford Apartments, a multifamily rental housing projected located at 75580 Gerald Ford Drive, Palm Desert, California ("Project"). 2. Authorize the Mayor and/or City Manager to execute Amendment No. 1 and authorize the City Clerk to record Amendment No. 1. BACKGROUND/ANALYSIS: On December 15, 2022, the City Council approved a Housing Agreement with the Owner for the development of 150 total units consisting of 149 affordable housing units and one management unit. This amendment is to correct the delineation of 2-bedroom and 3-bedroom units that are to be constructed. Amendment No. 1 complies with the project approval the Planning Commission completed on June 7, 2022. The below table shows the number of units in each bedroom size under the current housing agreement and the change Amendment No 1 would impose. Units Executed Agreement Amendment No. 1 2-Bedroom 111 Units 110 Units 3-Bedroom 38 Units 39 Units Total Units 149 Units 149 Units Legal Review: This report has been reviewed by the City Attorney's office. Jim G. Greyhon, of Richard Watson Greshon, created and provided the attached Amendment No 1. FINANCIAL IMPACT: There is no fiscal impact on the City resulting from the approval of Amendment No. 1. ATTACHMENTS: 1. Housing Agreement 2. Amendment No. 1 Page 1 of 1 283 mi RECORDING REQUESTED BY: First American Title Insurance Company National Commercial Services 18500 Von Karman Avenue, Suite 600 Irvine, CA 92612 WHEN RECORDED MAIL DOCUMENT TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92660-2578 Attention: Housing Division DOC # 2023-0069373 03/09/2023 04:03 PM Fees: $0.00 Page 1 of 38 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: KAREN #277 Above This Line for Recorder's Use Only HOUSING AGREEMENT File No.: NCS-1073487-SA1 Pursuant to Senate Bill 2 - Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fee, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). ( ) This document is a transfer that'is subject to the imposition of documentary transfer tax ( x) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that Is residential dwelling to an owner - occupier per GC 27388.1 (a) (2). () Maximum fee of $225 has been reached per GC 27388.1 (a) (1). () Not related to real property GC 27388.1 (a) (1). THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies) ®RYGINAL 285 QOC #2023-0069373 Page 2 of 38 .-U, RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Housing Division SPACE ABOVE THIS LNE FOR RECORDER'S USE ONLY This Document is recorded for the benefit of the City of Palm Desert and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code. HOUSING AGREEMENT by and between the CITY OF PALM DESERT, a municipal corporation and GERALD FORD APARTMENTS, LP, a California limited partnership DATED AS OF MARCH Z, 2023 P6401-0001 \2740998 v4. do e i• RECORDING REQUESTED BY: First American Title Insurance Company National Commercial Services 18500 Von Karman Avenue, Suite 600 Irvine, CA 92612 WHEN RECORDED MAIL DOCUMENT TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92660-2578 Attention: Housing Division Above This Line for Recorder's Use Only HOUSING AGREEMENT File No.: NCS-1073487-SA1 Pursuant to Senate Bill 2 - Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fee, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). ( ) This document is a transfer that is subject to the imposition of documentary transfer tax ( x) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner - occupier per GC 27388.1 (a) (2). () Maximum fee of $225 has been reached per GC 27388.1 (a) (1). () Not related to real property GC 27388.1 (a) (1). THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies) 287 RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Housing Division SPACE ABOVE TH/S L/NE FOR RECORDER'S USE ONLY This Document is recorded for the benefit of the City of Palm Desert and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code. HOUSING AGREEMENT by and between the CITY OF PALM DESERT, a municipal corporation and GERALD FORD APARTMENTS, LP, a California limited partnership DATED AS OF MARCH _, 2023 P6401-0001\2740898v4.doe TABLE OF CONTENTS Page No. ARTICLE 1. DEFINITIONS AND INTERPRETATION.................................................................... 2 1.1 Definitions...................................................................................................................2 1.2 Rules of Construction.............................................................................................. 3 ARTICLE 2. ONGOING APARTMENT COMMUNITY OBLIGATIONS .................................. 3 2.1 Apartment Community and Affordable Units .................................................. 3 2.2 Residential Rental Property ................................................................................... 4 2.3 Low Income Households and Very Low Income Households .................... 4 2.4 Affordable Rent......................................................................................................... 5 2.5 Rent Increases............................................................................................................ 5 2.6 Income Recertification of Affordable Units ...................................................... 5 2.7 Lease or Occupancy Agreement........................................................................... 6 2.8 Security Deposits...................................................................................................... 6 2.9 Additional Information............................................................................................6 2.10 Specific Performance............................................................................................... 6 2.11 Audit.............................................................................................................................7 2.12 Management............................................................................................................... 7 2.13 Binding for Term....................................................................................................... 7 ARTICLE 3. TERM AND RECORDATION.......................................................................................... 7 3.1 Term of Agreement.................................................................................................. 7 3.2 Agreement to Record............................................................................................... 7 3.3 Suspension of Restrictions..................................................................................... 7 ARTICLE4. DEFAULT................................................................................................................................. 8 4.1 An Event of Default................................................................................................. 8 4.2 City's Option to Lease............................................................................................. 9 -2- P6401-000112740898v4.doc .Q TABLE OF CONTENTS Page No. 4.3 City Remedies............................................................................................................9 4.4 Action at Law............................................................................................................. 9 ARTICLE 5. GENERAL PROVISIONS...................................................................................................9 5.1 Limitations on Recourse......................................................................................... 9 5.2 Maintenance, Repair, Alterations.........................................................................9 5.3 Notices........................................................................................................................10 5.4 Relationship of Parties...........................................................................................10 5.5 No Claims..................................................................................................................10 5.6 Conflict of Interests................................................................................................11 5.7 Non -Liability of City Officials, Employees and Agents .............................11 5.8 Unavoidable Delay.................................................................................................11 5.9 Indemnity ...................................................................................................................11 5.10 Rights and Remedies Cumulative......................................................................11 5.11 Applicable Law........................................................................................................12 5.12 Severability ...............................................................................................................12 5.13 Legal Actions...........................................................................................................12 5.14 Binding Upon Successors.....................................................................................12 5.15 Time of the Essence...............................................................................................12 5.16 Approval by the City ..............................................................................................12 5.17 Complete Understanding of the Parties............................................................12 5.18 Covenants to Run With the Land.......................................................................12 5.19 Burden and Benefit.................................................................................................13 5.20 Counterparts.............................................................................................................13 5.21 Amendments.............................................................................................................13 -3- P640 1 -000 1\2740898v4.doe 290 HOUSING AGREEMENT THIS HOUSING AGREEMENT (the "Agreement") is dated as of March 'L_, 2023 and is by and between the CITY OF PALM DESERT, a municipal corporation (the "City"), and GERALD FORD APARTMENTS, LP, a California limited partnership (the "Owner"). City and Owner are sometimes referred to herein individually as a "Party" and collectively as "Parties". RECITALS A. The Owner is the owner of certain real property located within the City, which property is described in "Exhibit All attached hereto and made a part hereof (the "Property"). B. City has granted approval of a general plan amendment from Resort/Hotel Commercial to Medium Density/High Density Overlay, a change of zone from RIM (single- family/mobile home residential district) to PR-19 for the Property, and a precise plan/conditional use permit, including a height exception to allow a 26-foot high roof element, and a tentative tract map for apartment purposes to construct one hundred fifty (150) rental apartment units with respect to the Property. C. As a result of the actions of the City described in Recital B above, City has approved an increase in the permitted maximum density from 13.6 dwelling units per acre to a maximum of 19.7 dwelling units per acre and did so on the condition that the Owner enter into this Agreement with respect to the Property and upon which a one hundred fifty (150) unit apartment complex (the "Apartment Community") shall be constructed. D. As a condition of said approval, City has required, and the Owner has agreed, that a specified number of rental units to be constructed on the Apartment Site shall be set aside and continuously made available for rent at affordable rental rates to persons and families of low and very low income, and to facilitate the same, the Owner is willing to enter into certain restrictions upon the operation of the Apartment Community which will bind the Owner, and its successors and assigns, for the entire term of this Agreement. E. The purpose of this Agreement is to create such conditions, covenants, restrictions, liens, servitudes, and charges in favor of the City upon and subject to which the Apartment Community shall be occupied, leased and rented. The provisions of this Agreement shall run with title to each and every portion of the Property and shall inure and pass with each and every portion thereof and shall apply to and bind any successors -in -interest of Owner. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Owner hereby agree as follows: es P6401-0001 \2740898v4_doc 291 ARTICLE 1. DEFINITIONS AND INTERPRETATION. 1.1 Definitions. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. "Affordable Units" shall mean any of the one hundred forty-nine (149) units in the Apartment Community continuously available to and occupied by, or held vacant for occupancy only by one hundred nineteen (119) Low Income Households and thirty (30) Very Low Income Households and rented at an Affordable Rent. The Affordable Units will include the number of bedrooms shown on the following table: Bedroom Size Very Low Income Household Units Low Income Household Units Two (2) Bedrooms 18 93 Three 3 Bedrooms 12 26 "Affordable Rent" shall mean rent for an Affordable Unit, including a Reasonable Utility Allowance, as determined in accordance with the applicable provisions of Code Section 42 and in a manner consistent with the maximum rents published by the California Tax Credit Allocation Committee ("TCAC"), applicable to low income housing funded with Low Income Housing Tax Credits. "Code" shall mean the Internal Revenue Code of 1986, as amended, and regulations promulgated pursuant thereto. "Low Income Household" shall mean persons and families who meet the income qualification limits as set forth in California Health and Safety Code Section 50079.5 and Title 25 of the California Code of Regulations, Section 6910, et. M. as such statute and regulation are amended from time to time. "Reasonable Utility Allowance" shall mean a utility allowance for utilities paid by a tenant (not including telephone, internet, or cable service) determined by the California Utility Allowance Calculator. "Required Covenant Period" shall mean the period commencing on the date all units in the Apartment Community have been completed as evidenced by the City's issuance of a final Certificate of Occupancy for the Apartment Community and ending as of the fifty-fifth (55th) anniversary thereof. "Very Low Income Household" shall mean persons and families who meet the income qualification limits as set forth in California Health and Safety Code Section 50105 and Title 25 of the California Code of Regulations, Section 6926, et. seq. as such statute and regulations are amended from time to time. -5- P640 1 -000 1 \274089M.doc 292 1.2 Rules of Construction. 1.2.1 The singular form of any word used herein, including the terns defined herein shall include the plural and vice versa. The use herein of a word of any gender shall include correlative words of all genders. 1.2.2 Unless otherwise specified, references to articles, sections, and other subdivisions of this Agreement are to the designated articles, sections, and other subdivisions of this Agreement as originally executed. The words "hereof," "herein," "hereunder," and words of similar import shall refer to this Agreement as a whole. 1.2.3 All of the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Agreement and to sustain the validity hereof. 1.2.4 Headings or titles of the several articles and sections hereof and the table of contents appended to copies hereof shall be solely for convenience of reference and shall not affect the meaning, construction, or effect of the provisions hereof. ARTICLE 2. ONGOING APARTMENT COMMUNITY OBLIGATIONS. 2.1 Apartment Communitv and Affordable Units. The Owner shall develop and construct the Apartment Community in conformity with City Council Resolution No. 05-104 and Resolution No. 05-105, City Council Ordinance No. 1102, and Planning Commission Resolution 2813. Thereafter, during the Required Covenant Period, the Owner agrees that not less than one hundred forty-nine (149) units in the Apartment Community shall be Affordable Units under this Agreement, meaning that such units shall be continually available to and occupied by, or held vacant for occupancy only by Low Income Households and Very Low Income Households. Upon completion of construction, all of the units in the Apartment Community shall be similarly constructed and all of the Affordable Units shall be generally constructed at the same time. At the time of initial construction, the Affordable Units shall be of comparable quality to similar apartment projects within the City which contain income restricted units. The Owner agrees that, to the extent commercially reasonable, Affordable Units will not be underutilized. No persons shall be permitted to occupy any Affordable Unit in excess of the applicable limit of maximum occupancy set by the City's Municipal Code and the laws of the State of California. -6- P6401-0001\2740898v4.doe 293 2.2 Residential Rental Prone The Owner covenants to operate the Apartment Community as residential rental property. During the Required Covenant Period, the Affordable Units will be held and used for the purpose of providing residential living, and the Owner shall own, manage and operate, or cause the management and operation of, the Apartment Community to provide such affordable rental housing. All of the units in the Apartment Community with the exception of one (1) manager unit will be available for rental on a continuous basis to members of the general public and the Owner will not give preference to any particular class or group in renting the units in the Apartment Community, except as required under this Agreement or other use or regulatory agreement recorded in connection with the Project bond financing or related tax credits. The Owner shall not convert any Affordable Unit(s) to condominiums or cooperative ownership or sell condominium or cooperative conversion rights to any Affordable Unit(s) during the term of this Agreement. 2.3 Low Income Households and Very Low Income Households. 2.3.1 Income Qualification; Initial Certification. Subject to the applicable provisions hereof, throughout the Required Covenant Period, the Affordable Units restricted by this Agreement will be exclusively occupied by, or available for occupancy only by Low Income Households and Very Low Income Households on a continuous basis. Prior to the rental or lease of an Affordable Unit and in accordance with Section 2.6 hereof, the Owner will obtain and maintain on file a Household Income Certification ("Income Certification") substantially in the form attached hereto as Exhibit "B" and incorporated herein by this reference for each Low Income Household and Very Low Income Household, and shall provide copies of same to the City at such times as the City may, from time to time, reasonably require. In addition, the Owner will provide such further information as may reasonably be required in the future by the City. The Income Certification shall be dated immediately prior to the applicable household's initial occupancy of an Affordable Unit. The Owner shall make a good faith effort to verify that the income provided by an applicant in an Income Certification is accurate by taking any one or more of the following steps as part of the verification process for all household members over the age of eighteen (18) as appropriate: (i) Obtain two (2) pay stubs for the two (2) most recent pay periods; (ii) Obtain a true copy of an income tax return for the most recent tax year in which a return was filed; (iii) Obtain an income verification form from the household member's current employer; (iv) Obtain an income verification form from the Social Security Administration and/or the State Department of Social Services, or its equivalent, if the household member receives assistance from either of those agencies; (v) If the household member is unemployed and has no tax return, obtain another form of independent verification; or -7- P6401-0001\2740898v4.doc 294 (vi) Obtain such other documentation as may be reasonably acceptable pursuant to Title 25 of the California Code of Regulations, as amended from time to time, to verify income. 2.3.2 Certificate of Continuing Program Compliance, Annual Report. Throughout the Required Covenant Period, the Owner will prepare and submit to the City, at such periodic frequency as the City might reasonably require, but not more than once annually, a Certificate of Continuing Compliance in substantially the form attached hereto as Exhibit "C" and incorporated herein by this reference, and executed by the Owner. The Owner will also prepare and submit to the City on or before each anniversary date of the commencement of the Required Covenant Period, and for the preceding calendar year, a report in form and substance reasonably satisfactory to the City summarizing the vacancy rate of the Apartment Community, including the number of Affordable Units held vacant for occupancy by Low Income Households and Very Low Income Households for such calendar year. 2.4 Affordable Rent. Throughout the Required Covenant Period, an Affordable Rent shall be charged to the Low Income Household and Very Low Income Household occupants of Affordable Units, as more specifically described above. 2.5 Rent Increases. Rents for Affordable Units may be increased not more than once per year and twelve (12) months must have elapsed since the date of the tenant's initial occupancy or the last rent increase. The rents charged following such an increase, or upon a vacancy and new occupancy by a Low Income Household or Very Low Income Household shall not exceed an Affordable Rent. The Owner shall, consistent with applicable law, give proper written notice to tenants of all rent increases, and upon written request, provide the City with reasonable detail concerning the amount of and rationale for such rent increases. 2.6 Income Recertification of Affordable Units. Annually, on the anniversary date of occupancy of an Affordable Unit by a Low Income Household or Very Low Income Household, the Owner shall obtain and maintain on file an annual income certification, in form and substance reasonably satisfactory to the City, from each household occupying an Affordable Unit, based upon the current income of each household member over the age of eighteen (18). The Owner shall make a good faith effort to verify that the income provided by the household is accurate in accordance with Section 2.3.1, above. 2.6.1 A rental unit occupied by a household that qualifies as a Low Income Household or Very Low Income Household, as applicable, at the time the household first occupies an Affordable Unit shall be deemed to continue to be so occupied until a recertification of such household's income demonstrates that such household no longer qualifies as a Low Income Household or Very Low Income Household. At such time as a household ceases to qualify as a Low Income Household or Very Low Income Household based on income recertification, the Owner shall designate the next available unit (one that is not occupied by a tenant) with the same number of bedrooms as the occupied Affordable Unit and it shall be rented or leased to a Low Income Household or Very Low Income Household, as appropriate, so that the number of Affordable Units occupied by or reserved for occupancy by Low Income Households or Very Low Income Households will remain constant. For purposes of this Agreement, such designated unit will be considered an Affordable Unit if it is held vacant and available solely for occupancy by a Low Income Household or Very Low Income Household, as appropriate, and, upon occupancy, -8- P6401-0001 \2740898v4. doc 295 the income eligibility of the household as a Low Income Household or Very Low Income Household is verified and the unit is rented at an Affordable Rent. 2.7 Lease or OccupancyAgreement. Prior to the rental or lease of an Affordable Unit to a Low Income Household or Very Low Income Household, the Owner shall require the tenant to execute a written lease or occupancy agreement. The Owner shall maintain on file throughout the Required Covenant Period and for a four (4) year period thereafter, the executed lease or occupancy agreement of each tenant occupying an Affordable Unit. The form of lease or occupancy agreement used by the Owner for the lease or rental of Affordable Units shall be that which is reasonable and customary in residential leasing. In addition, each lease or occupancy agreement for an Affordable Unit shall (i) provide that the tenants of such Affordable Unit shall be subject to annual recertification of income and subject to rental increases in accordance with Sections 2.5 and 2.6 of this Agreement, and (ii) contain a provision to the effect that the Owner has relied on the income certification and supporting information supplied by the tenant in determining qualification for occupancy of the Affordable Unit, and that any material misstatement in such certification (whether or not intentional) may be cause for immediate termination of such lease or occupancy agreement. 2.7.1 The Owner shall refrain from restricting the rental or lease of Affordable Units on the basis of race, color, religion, sex, marital status, disability, ancestry or national origin of any person. 2.7.2 The covenants established herein shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City, and its successors and assigns, and shall burden and run with the Property. 2.7.3 The City is deemed to be the beneficiary of the terms and provisions of the covenants herein, both for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these covenants running with the land have been provided. 2.8 Security Deposits. The Owner may require security deposits on Affordable Units in amounts which are consistent with applicable law. 2.9 Additional Information: Books and Records. The Owner shall provide any additional information concerning the Affordable Units reasonably requested by the City. The Owner will maintain complete and accurate records pertaining to the Affordable Units throughout the Required Covenant Period and for a four (4) year period thereafter. The City shall have the right upon written notice of no less than two (2) business days to the Owner, at any time during normal business hours of 9:00 am to 5:00 pm, to examine of all books, records or other documents maintained by the Owner or by any of the Owner's agents which pertain to any Affordable Unit, including all executed leases or occupancy agreements and all Income Certifications, and obtain copies of any requested executed leases, occupancy agreements and Income Certifications within ten (10) business days following such examination and the City's written request. 2.10 Specific Performance. The Owner hereby agrees that specific enforcement of the Owner's agreement to comply with the allowable rent and occupancy restrictions and covenants contained In P6401-000112740898v4.doc 296 herein is one of the reasons and consideration for the City having granted the approvals described in the recitals hereof and that, in the event of the Owner's breach of such requirements, potential monetary damages to the City, as well as to existing and prospective Low Income Households and Very Low Income Households, would be difficult, if not impossible, to evaluate and quantify. Therefore, in addition to any other relief to which the City may be entitled as a consequence of the breach hereof, the Owner agrees to the imposition of the remedy of specific performance against it in the case of any event of default by the Owner in complying with any provision of this Agreement beyond any applicable notice and cure period. 2.11 Audit. The City shall have the right to perform a compliance audit of the Apartment Community to determine compliance with the provisions of this Agreement. Such audit shall not be undertaken more often than once each calendar year. All costs and expenses associated with the audit shall be paid by the Owner. Notwithstanding the foregoing, an audit by the City will not be required if owner is not in default hereunder or if the Owner promptly provides to the City Manager a copy of the annual audit it is required to submit to the California Tax Credit Allocation Committee and such audit is reasonably acceptable to the City in form and substance. 2.12 Management. The Owner and/or the management agent (if not the Owner) shall operate the Apartment Community in a manner that will provide decent, safe and sanitary residential facilities to the occupants thereof, and will comply with provisions of this Agreement. Upon the written request of the City, the Owner shall cooperate with the City in the periodic review (but not more than once each calendar year) of the management practices of the Affordable Units. The purpose of each periodic review will be to enable the City to determine if the Affordable Units are being operated and managed in accordance with the requirements and standards of this Agreement. Results of such City review shall be provided to the Owner, and the City shall have the authority to require the Owner to make modifications that are reasonably necessary to ensure the objectives of this Agreement are met. 2.13 Binding for Term. It is intended by the Parties that except as otherwise expressly provided herein the provisions of this Agreement shall apply to the Apartment Community throughout the entire term hereof, as established in Section 3.1 below. ARTICLE 3. TERM AND RECORDATION. 3.1 Term of Agreement. This Agreement shall remain in full force and effect for the Required Covenant Period, unless the Owner and the City agree, in writing, to terminate this Agreement prior to the expiration of the Required Covenant Period. Unless terminated earlier pursuant to the prior sentence of this Section 3.1, or Section 3.3 below, the Parties intend that the provisions and effect of this Agreement and specifically of Article 2 hereof, shall remain in full force and effect for the entire Required Covenant Period. 3.2 Agreement to Record. The Owner represents, warrants, and covenants that this Agreement will be recorded in the real property records of Riverside County. 3.3 Suspension of Restrictions. Notwithstanding the generality of the foregoing provisions of this Article 3 or any other provisions hereof, this Agreement and all of the terms and restrictions contained herein shall be suspended for any period of involuntary noncompliance as a result of P640 1 -000 1\2740898v4.doc 297 unforeseen events such as fire or act of God which leaves a material portion of the Apartment Community uninhabitable and the proceeds of insurance available to the Owner as a result thereof are insufficient to reconstruct the Apartment Community, or a change in a federal or state law or an action by the federal government, the State or a court of competent jurisdiction, after the date of recordation hereof, that prevents the City from enforcing the provisions of this Agreement, or a condemnation or a similar event. ARTICLE 4. DEFAULT: REMEDIES. 4.1 An Event of Default. Each of the following shall constitute an "Event of Default" by the Owner under this Agreement: 4.1.1 Failure by the Owner to duly perform, comply with and observe any of the conditions, terms, or covenants of any agreement with the City concerning the Apartment Community, or of this Agreement, if such failure remains uncured sixty (60) days after written notice of such failure from the City to the Owner in the manner provided herein or, with respect to a default that cannot be cured within sixty (60) days, if the Owner fails to commence such cure within such sixty (60) day period or thereafter fails to diligently and continuously proceed with such cure to completion. However, if a different period or notice requirement is specified under any other section of this Agreement, then the specific provision shall control. 4.1.2 Any representation or warranty contained in this Agreement or in any application, financial statement, certificate, or report submitted by the Owner to the City proves to have been incorrect in any material respect when made. 4.1.3 A court having jurisdiction shall have made or rendered a decree or order: (i) adjudging the Owner to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of the Owner or seeking any arrangement on behalf of the Owner under the bankruptcy laws or any other applicable debtor's relief law or statute of the United States or of any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of the Owner in bankruptcy or insolvency or for any of its properties; or (iv) directing the winding up or liquidation of the Owner, providing, however, that any such decree or order described in any of the foregoing subsections shall have continued unstayed or undischarged for a period of ninety (90) days. 4.1.4 The Owner shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment or execution on any substantial part of its property, unless the property so assigned, sequestered, attached, or executed upon shall have been returned or released within ninety (90) days after such event (unless a lesser time period is permitted for cure hereunder) or prior to sale pursuant to such sequestration, attachment, or execution. If the Owner is diligently working to obtain a return or release of the property and the City's interests hereunder are not imminently threatened in its reasonable business judgment, then the City shall not declare a default under this subsection. 4.1.5 The Owner shall have voluntarily suspended its business or dissolved. -11- P6401-0001 \2740898A. doc 4.1.6 The seizure or appropriation of all or, in the reasonable opinion of the City, a substantial part of the Apartment Community, except for condemnation initiated by the City or any governmental agency or authority. 4.1.7 There should occur any default declared by any lender under any loan document or deed of trust relating to any loan made in connection with the Apartment Community, which loan is secured by a deed of trust or other instrument affecting the Apartment Community, and such default remains uncured following the expiration of any applicable cure period. 4.2 Cit Option to Lease. Upon the occurrence of an Event of Default, and to cause the Apartment Community to meet the requirements of this Agreement, the Owner hereby grants to the City the option to lease up to all of the units as necessary to achieve compliance with the provisions of Article 2 of this Agreement and for the purpose of subleasing such units in accordance with the requirements of this Agreement. The amount of rental to be paid by the City for such rental units following the exercise of the City's option shall be equal to the applicable Affordable Rent. Any rental paid under any such sublease shall be paid to the City without obligation to pay any such rent to the Owner during the pendency of the Owner's default. 4.3 City Remedies. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require the Owner to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions hereof, provided that in any such case the City has first provided the required notice of any alleged default and the Owner has had the requisite opportunity to cure pursuant to Section 4.1.1, above. The City may not seek monetary damages against the Owner with respect to any failure of the Owner to perform its obligations and covenants under this Agreement. 4.4 Action at Law, No Remedy Exclusive. The City may take whatever action at law or in equity as may be necessary to enforce performance and observance of any obligation, agreement or covenant of the Owner under this Agreement. No remedy herein conferred upon or reserved by the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of such right or power, but any such right or power may be exercised from time to time and as often as the City may deem expedient. In order to entitle the City to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein otherwise expressly required or required by law to be given. ARTICLE 5. GENERAL PROVISIONS. 5.1 Limitations on Recourse. Notwithstanding anything to the contrary contained in this Agreement, except in the event of fraud, waste, or illegal acts, or with regard to any indemnity obligations imposed upon the Owner under the terms of this Agreement, (i) no partner (other than the general partner), member, officer or director, as applicable, of the Owner (each, an "Owner Affiliate") shall have any direct, indirect or derivative personal liability for the obligations of the Owner under this Agreement, and (ii) the City shall not exercise any rights or institute any action -12- P6401-0001 \2740898v4. doc 299 against any Owner Affiliate directly, indirectly or derivatively for the payment of any sum of money that is or may become payable hereunder. 5.2 Maintenance, Repair, Alterations. The Owner shall maintain and preserve the Apartment Community in good condition and repair and in a prudent and businesslike manner. The Owner shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Apartment Community or any part thereof or requiring any alteration or improvement to be made thereon. The Owner shall not commit, suffer, or permit any act to be done in, upon, or to the Apartment Community or any part thereof in violation of any such laws, ordinances, rules, regulations, or orders. The Owner hereby agrees that the City may conduct from time to time through representatives, upon reasonable notice of no less than twenty-four (24) hours, on -site inspections and observation of: (i) the maintenance and repair of the Apartment Community, including a review of all maintenance and repair programs and practices and all reports and records pertaining thereto, including records of expenditures relating thereto; and (ii) such other facilities, practices, and records of the Owner relating to the Affordable Units as the City reasonably deems to be necessary or appropriate in order to monitor the Owner's compliance with the provisions of this Agreement. 5.3 Notices. All notices (other than telephone notices), certificates or other communications (other than telephone communications) required or permitted hereunder shall be sufficiently given and should be deemed given when personally delivered, when sent by facsimile (if confirmed by sending a copy of such transmission by mail the same calendar day), or forty-eight (48) hours following mailing by registered or certified mail, postage prepaid, or forty-eight (48) hours following transmission of such notice by express mail, Federal Express or similar commercial carrier, addressed as follows: If to the City: City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Housing Division Phone: (760) 346-0611 Fax: (760) 341-6372 If to the Owner: Gerald Ford Apartments, LP c/o Western National Investments8 Executive Circle Bk11 P6401-000112740898v4.doc 300 Irvine, California 92614 Attention: Chief Financial Officer Facsimile: (949) 862-6494 With a Copy to: Rutan & Tucker, LLP 18575 Jamboree Road, 9th Floor Irvine, California 92612 Attention: Randall M. Babbush Facsimile: (714) 546-9035 5.4 Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and the Owner or the Owner's agents, employees or contractors, and the Owner shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement for the operation of the Apartment Community. The Owner has and hereby retains the right to exercise full control of employment, direction, compensation and discharge of all persons assisting in the performance of services hereunder. In regards to the on -site operation of the Apartment Community, the Owner shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding and all other laws and regulations governing such matters. The Owner agrees to be solely responsible for its own acts and those of its agents and employees. 5.5 No Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person the Owner may have employed or with whom the Owner may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the operation of the Affordable Units. 5.6 Conflict of Interests. No member, official or employee of the City shall make any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No officer or employee of the Owner shall acquire any interest in conflict with or inimical to the interests of the City. 5.7 Non-Liabilfty of City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to the Owner, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Owner or successor in connection with this Agreement or on any obligation of the City under the terms of this Agreement. 5.8 Unavoidable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where it is due to an "Unavoidable Delay." "Unavoidable Delay" means a delay due to the elements (including unseasonable weather), fire, earthquakes or other acts of God, strikes, pandemics, labor disputes, lockouts, shortages of construction materials experienced generally in the construction industry in the local area, acts of the public enemy, riots, insurrections or -14- P640 1 -000 1 \2740898v4.doc 301 governmental regulation of the sale or transportation of materials, supply or labor; provided, however, that to the extent a delay is caused by any other reason that the Owner reasonably believes is beyond its control, the Owner may request, on a case -by -case basis, that the City excuse any such delay as an Unavoidable Delay and the City shall make its determination as to whether such delay constitutes an Unavoidable Delay using its reasonable judgment. 5.9 Indemnity. The Owner shall indemnify, defend and hold harmless the City and all officials, employees and agents of City (with counsel reasonably satisfactory to the City) against any costs, liabilities, damages or judgments arising from claims or litigation of any nature whatsoever brought by third parties and directly or indirectly arising from the Owner's ownership or operation of the Apartment Community, or the Owner's performance of its obligations under this Agreement, and in the event of settlement, compromise or judgment hold the City free and harmless therefrom. Notwithstanding the foregoing, the indemnity provisions contained in this Section 5.9 shall not apply with respect to any costs, liabilities, damages or judgments arising directly or indirectly from the City's rental of units within the Apartment Community as described in Section 4.2 hereof or otherwise from the gross negligence or willful misconduct of the City. The provisions of this Section 5.9 shall survive the term of this Agreement. 5.10 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default by the other Party. No waiver of any default or breach by the Owner hereunder shall be implied from any omission by the City to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and such wavier shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the City to or of any act by the Owner requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default under this Agreement, nor shall it invalidate any act done pursuant to notice of default, or prejudice the City in the exercise of any right, power, or remedy hereunder or under any agreements ancillary or related hereto. 5.11 Applicable Law. This Agreement shall be interpreted under and pursuant to the laws of the State of California. 5.12 Severability. If any term, provision, covenant or condition of this Agreement is held in a final disposition by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 5.13 Legal Actions. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the Party prevailing in any such action shall be entitled to recover against the Party not prevailing all reasonable -15- P6401-0001\2740898v4.doc 302 attorneys' fees and costs incurred in such action (including all legal fees incurred in any appeal or in any action to enforce any resulting judgment), as awarded by a court of competent jurisdiction. 5.14 Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the permitted heirs, administrators, executors, successors in interest and assigns of each of the Parties. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor or assign of such Party who has acquired an interest in compliance with the terms hereof or under law. 5.15 Time of the Essence. In all matters under this Agreement, time is of the essence. 5.16 Approval by the City. Any approvals required under this Agreement shall be made by the City Manager or his or her designee, and shall not be unreasonably withheld, conditioned, delayed or made, except where it is specifically provided herein that another standard applies, in which case the specified standard shall apply. 5.17 Complete Understanding of the Parties. This Agreement and the attached Exhibits constitute the entire understanding and agreement of the Parties with respect to the matters described herein. 5.18 Covenants to Run With the Land. The Owner hereby subjects the Apartment Community to the covenants, reservations, and restrictions set forth in this Agreement. The City and the Owner hereby declare their express intent that the covenants, reservations, and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors in title to the Apartment Community; provided, however, that on the termination of this Agreement said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Apartment Community or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. No breach of any of the provisions of this Agreement shall defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value encumbering the Property or any interest of the Owner therein. 5.19 Burden and Benefit. The City and the Owner hereby declare their understanding and intent that: (i) the burden of the covenants, reservations, restrictions, and agreements set forth herein touch and concern the Property and the Apartment Community, in that Owner's legal interest in the Apartment Community is rendered less valuable thereby, (ii) the covenants, reservations, restrictions, and agreements set forth herein directly benefit the Property and the Apartment Community (a) by enhancing and increasing the enjoyment and use of the Apartment Community by certain Low Income Households and Very Low Income Households, the intended beneficiaries of such covenants, reservations, restrictions, and agreements, (b) by making possible the obtaining of advantageous financing for the Property and the Apartment Community, and (c) by furthering the public purposes advanced by the City, (iii) the covenants, reservations, restrictions and agreements set forth herein shall run with the Property and shall be binding for the benefit of and enforceable by the City and its successors and assigns for the entire term of this Agreement, and (iv) the covenants, reservations, restrictions and agreements set forth herein and the encumbrance 5062 P6401 -000 1\2740898v4.doc 303 of the Agreement shall not be subordinate or subordinated to any deed of trust recorded against the Property without the prior written consent of the City Manager, which consent may be granted or withheld in the exercise of his sole and absolute discretion. 5.20 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 5.21 Amendments. This Agreement may be amended only by the written agreement of the City and the Owner. [Remainder of this page intentionally left blank] [Signatures appear on next page] -17- P640 1 -000 1 \2740898v4. doc 304 WHEREFORE, the undersigned has executed this Agreement as of the date first -above written. OWNER: GERALD FORD APARTMENTS, LP, a California limited partnership By: WNG Palm Desert LP, a California limited partnership, its administrative general partner By: Wes National Investments, a Califo is i ation, its general Pa er By: Name: JeffMYR. Scott Title: Chief Financial Officer By: Hearthstone CA Properties IV, LLC, a California limited liability company, its managing general partner By: Hearthsto Housing Foundation, a California it public benefit corporation,' meter and manager By: V Name: So rro Vasquez Title: Execu ive Director CITY: CITY OF PALM DESERT, a municipal corporation By: ( azu'I'm (4LW Name: Kaililem Kellyu Title: Mayor -1 a- P6401-0001 \2740898v4, doc 305 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On February 24, 2023 , before me, Sally Packer-Laundri e , (insert name ind title of the officer) Notary Public, personally appeared Jeffrey R. Scott , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I \_dhandan,o • Rip -19- P6401-000112740898v4.doc (Seal) `SALLY PACKER•LAUNORIE Notary Public . California Orange County Commission # 2399253 "+ My Comm. Expires Apr 25, 2026 r 306 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orgn.9f., ) On Ft bruoiry S7, 2023 , before me, lAr f Nyuarq (insertame and title of the officer) Notary Public, personally appeared soc orro ynye,2 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -20- P6401-000112740898v4.doc (Seal) CAM WONG Notary Public - California Orange County Commission / 2414672 *my Comm. Expires Sep 3, 2026 307 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Qi Vmde I On MAVM 2t LU199 before me, ml&y�o Nova, N V 1aym pylpU (/ Date � 1 Here Insert Name and Title of the Officer / personally appeared �"' � r ' `�n Tl--�LWA — Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personVfwhose name/) is//e subscribed to the within instrument and acknowledged to me that PA/she/tXy executed the same in>K/her/fir authorized capacity,(ies), and that by>45/herab& signatureX on the instrument the persono, or the entity upon behalf of which the person(4acted, executed the instrument. I certify under PENALTY OF PERJURY under the MICHELLEN. HAKE laws of the State of California that the foregoing NourYPublic - CalNoanla paragraph is true and correct. Rt*mwo county C=MfU lOn 0 14307 WITNESS m MyC-m.E %l225,2o26 y hand and official seal. Signature UL Place Notary Seal and/or Stamp Above Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other_ Signer is Representing: ©2019 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: W. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and tide of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory e ' ence to be the person(s) whose name(s) is/are subscribed to the within instrument and ack wledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf o hich the person(s) acted, executed the instrument. I certify under PENALX OF PERJURY under the laws of the State of California that the foregoing paragraph is true d correct. WITNESS my hand and official seal. -21- P6401-0001\2740898v4.doc (Seal) 309 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Palm Desert, County of Riverside, State of California, described as follows: PARCEL A PARCEL 1 AS DEPICTED ON EXHIBIT "B" ATTACHED TO THAT CERTAIN PARCEL MAP WAIVER FOR LOT LINE ADJUSTMENT NO. 17-49 RECORDED AUGUST 24, 2017 AS INSTRUMENT NO.2017-0353036 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOT 14, AND A PORTION OF LOT 13 OF TRACT MAP NO. 33837-1, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 402, PAGES 4 THROUGH 8, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 13, DESCRIBED AS HAVING A BEARING AND DISTANCE OF NORTH 18022'25 WEST 343.90 FEET ON SAID TRACT MAP; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 18022'25" WEST 100.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 71 ° 10'24" EAST 178.56 FEET; THENCE NORTH 89059'24" EAST 149.94 FEET TO THE GENERAL EASTERLY LINE OF SAID LOT 13; THENCE ALONG SAID GENERAL EASTERLY LINE, AND THE NORTHEASTERLY AND NORTHWESTERLY LINES OF SAID LOT 13, THE FOLLOWING EIGHT (8) COURSES: NORTH 00000'00" EAST 171.95 FEET, NORTH 90°00'00" EAST 43.50 FEET, NORTH 00000'00" EAST 113.00 FEET, NORTH 90°00'00" EAST 61.05 FEET, NORTH 00°00'00" EAST 55.95 FEET, NORTH 35°28'02" EAST 298.62 FEET, NORTH 54°31'58" WEST 358.33 FEET, AND SOUTH 35028'02" WEST 210.39 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHWESTERLY AND SOUTHWESTERLY LINES OF SAID LOT 14 AND SAID SOUTHWESTERLY LINE OF SAID LOT 13, THE FOLLOWING THREE (3) COURSES: A-1- P640 1 -000 1\2740898v4.doc 310 CONTINUING SOUTH 35028'02" WEST 480.04 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 7002544" EAST; THENCE SOUTHEASTERLY 22.05 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 ° 1 P51 "; THENCE SOUTH 18022'25" EAST 280.82 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B NONEXCLUSIVE DRAINAGE EASEMENTS AS SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS REGARDING DRAINAGE OF SURFACE WATERS AND GRANT OF DRAINAGE EASEMENTS (SPANISH WALK)" RECORDED MAY 10, 2006 AS INSTRUMENT NO.2006-0340313 OF OFFICIAL RECORDS. APN(S): 694-520-019 as to a Portion of said land 694-520-020 as to a Portion of said land -2- P6401 -000 1\2740898v4.doc 311 EXHIBIT "B" HOUSEHOLD INCOME CERTIFICATION (Attached) P6401-0001\2740898v4.doc 312 HOUSEHOLD INCOME CERTIFICATION TENANT INCOME CERTIFICATION Effective Date: Initial Certification ❑ 1 st Recertification Move -in Date: ❑ Other: rvvvv-MM-DDl Property Name: County: BIN #: Address: Unit Number: # Bedrooms: Square Footage: PART H. HOUSEHOLD COMPOSITION Vacant HH Mbr# Last Name First Name Middle Initial Relationship to Head of Household Date of Birth (YYYY/MM//DD) F/T Student (YorN) Last 4 digits of Social Security # 1 HEAD 2 3 4 5 6 7 PART M. GROSS ANNUAL INCOME SE ANNUAL AMOUNT HH Mbr # (A) Employment or Wemes (B) Soc. Security/Pensions (0 Public Assistance (D) Other Income TOTALS $ $ $ $ Add totals from (A) through (D), above TOTAL INCOME (E): $ PART IV. INCOME FROM ASSETS HH Mbr # (F) Type of Asset (0) C/I (H) Cash Value of Asset (1) Annual Income from Asset TOTALS: $ Enter Column (H) Total Passbook Rate If over $5000 $_ X 2.00% _ (J) Imputed Income Enter the greater of the total of mlumn I, or J: imputed income TOTAL INCOME FROM ASSETS (K) $ $ $ (L) Total Annual Household Income from all Sources [Add (E) + (K)] $ HOUSEHOLD CERTIFICATION & SIGNATURES The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s) set forth in Part 11 acceptable verification of current anticipated annual income. Uwe agree to notify the landlord immediately upon any member of the household moving out of the unit or any new member moving in. Uwe agree to notify the landlord immediately upon any member becoming a full time student. Underpenaltiesofpcdury,i/we certify that the information presented in this Certification is true and accumtctothe best ofmy/our knowledge and belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or incomplete information may result in the termination of the lease agreement. i P640 1 -000 1\2740898v4.doe 313 Signature Signature HOUSEHOLD INCOME CERTIFICATION (Date) Signature (Date) Signature TOTAL ANNUAL HOUSEHOLD INCOME FROM ALL SOURCES: From item (L) on page 1 $ Current Federal LIHTC Income Limit per $ Family Size: _ Household Income at Move -in: $ (Date) (Dare) RECERTIFICATION ONLY: Unit Meets Income Current Federal LIHTC Income Limit Restriction at: x 1401/*: ❑ 60% ❑ 50°/a ❑ 409/6 ❑ 30'/6 Household Income exceeds 140% at ❑ Other recertification: _% ❑ Yes ❑ No Household Size at Move4n: PART VL RENT Tenant Paid Monthly Rent: $ Federal Rent Assistance: $_ •Source:_ Monthly Utility Allowance: $ Other non -optional charges: $_ ('0-8) Other Monthly Non -optional charges: $ Total Monthly Rent Assistance: $ GROSS MONTHLY RENT FOR UNIT: •Source of Federal Assistance (Tenant paid rent plus Utility Allowance & 1 **HUD Multi -Family Project Based Rental Assistance (PBRA) other non -optional charges) $ 2 Section 8 Moderate Rehabilitation 3 Public Housing Operating Subsidy Maximum Federal LIHTC Rent Limit for 4 HOME Rental Assistance this unit: $_ 5 HUD Housing Choice Voucher (HCV), tenant -based 6 HUD Project -Based Voucher (PBV) Unit Meets Federal Rent Restriction at: ❑ 60% ❑ 501% 7 USDA Section 521 Rental Assistance Program 8 Other Federal Rental Assistance 0 Missing Unit Meets Deeper Targeting Rent Restriction at: ❑ Other: % •*(PBRA) Includes: Section 8 New Construction/Substantial Rehabilitation; Section 8 Loan Management, Section 8 Property Disposition; Section 202 Project Rental Assistance Contracts PRA PART W. STUDENT STATUS 'Student Explanation: ARE ALL OCCUPANTS FULL TIME STUDENTS? If yes, Enter student explanation* 1 AFDC / TANF Assistance (also attach documentation) 2 Job Training Program ❑ yes ❑ no 3 Single Parent/Dependent Child 4 Married/Joint Return Enter 5 Former Foster Care 1-5 M. P6401-000IU740898v4.doc 314 HOUSEHOLD INCOME CERTIFICATION PART VIII. PROGRAM TYPE Mark the program(s) listed below (a. through e.) for which this household's unit will be counted toward the property's occupancy requirements. Under each program marked, indicate the household's income status as established by this certification/recertification. a. Tax Credit ❑ b. HOME ❑ c. Tax Exempt ❑ d. AHDP ❑ e, ❑ (K-. ofprog—) See Part V above. Income Status Income Status Income Status ❑ 5 50°/* AMGI ❑ 50% AMGI ❑ 50%AMGI Income Status ❑ 5 60*/o AMGI ❑ 60°/n AMGI ❑ 80%AMGI ❑ ❑❑ 5 80*/o AMGI El800K AMGI ❑ 01** ❑ Ol** 01** ❑ OI** ** Upon recertification household was determined over -income 01 according to eligibility uirements of the ros marked above. SIGNATURE OF OWNER/REPRESENTATIVE Based on the representations herein and upon the proof and documentation required to be submitted, the individual(s) named in Part 11 of this Tenant Income Certification Ware eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and the Land Use Restriction Agreement (if applicable), to live in a unit in this ProjecL SIONATURE OF OWNER/REPRESENTATIVE DATE PART Ix SUPPLEMENTAL IIVFORMATION FORM The California Tax Credit Allocation Committee (CTCAC) requests the following information in order to comply with the Housing and Economic Recovery Act (HERA) of 2008, which requires all Low Income Housing Tax Credit (LIHTC) properties to collect and submit to the U.S. Department of Housing and Urban Development (HUD), certain demographic and economic information on tenants residing in LIHTC financed properties. Although the CTCAC would appreciate receiving this information, you may choose not to furnish it. You will not be discriminated against on the basis of this information, or on whether or not you choose to furnish it If you do not wish to furnish this information, please check the box at the bottom of the page and initial. Rnta h.,rh Rthnirity and Ra mrlr_c fnr each hnnsehntd member (see below for codes). TENANT DEMOGRAPHIC PROFII,E HH Mbr# Last Name First Name Middle Initial Race Ethnicity Disabled 1 2 3 4 5 6 7 The Following Race Codes should be used: I - White- A person having origins in any of the original people of Europe, the 2 - Black/African American - A person having origins in any of the black racial groups of Africa Terms such to this 3 - American Indian/Alaska Native- A person having origins in any of the original peoples of North and America), and who maintain tribal affiliation or community attachment 4 -Asian - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 5 -Native Hawaiian/Other Pacific Islander - A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 6 - Other 7 -Did not respond (Please initial below) Note: Multiple racial categories may be indicated as such: 31- American Indian/Alaska Native & White, 41- Asian & While, etc. The following Ethnicity Codes should be used: 1- Hispanic- A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Terms such as "Latino" or "Spanish Origin" apply to this category. M- P6401-0001 \2740 898v4. do c 315 HOUSEHOLD INCOME CERTIFICATION 2 -Not Hispanic- A person not of urban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless 3 - Did not respond. (Please Initial below) Disability Status: 1- Yes If any member of the household is disabled according to Fair Housing Act definition for handicap (disability): • A physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment or being regarded as having such and impairment. For a definition of"physical or mental Impairment" and other terms used, please sec 24 CFR 100.201, available at httoJ/www.fairhousina.conVindex cfm?method-nseadispl@y&pggcname=rw fit 100-201. • "Handicap" does not include current, illegal use of or addiction to controlled substance. • M individual shall not be considered to have a handicap solely because that individual is a transvestite. 2-No 3 - Did not respond (Please initial below) ❑ Resident/Applicanc I du not wish to furnish information regarding ethnicity, race and otherhousehold composition. (Initials) (HHN) 1. 2. 3. 4. S. 6. 7. INSTRUCTIONS FOR COMPLETING TENANT INCOME CERTIFICATION This farm is to be completed by the owner or an authorized representative Part I - Development Data Enter the type of tenant certification: Initial Certification (move -in), Recertification (annual recertification), or Other. Nother, designate the purpose of the recertification (i.e., a unit transfer, a change in household composition, or other state -required recertification). 'Effective Date Enter the effective date of the ca tification. For move -in, this should be the move -in date. For annual income recertification's, this effective dato should be no later than one year from the effective date of the previous (re)certification. 'Move -In Date Enter the most recent date the household tax credit qualified This could be the mova-in date or in an acquisition rehab property, this is not the date the tenant moved into the unit, it is the most recent date the management company income qualified the unit for tax credit purposes. Property Name Enter the name of the development. County Enter the county (or equivalent) in which the building is located. TCACfi Enter the project number assigned to the property by TCAC. Please Include hyphens between the state abbreviation, four digit allocating year, and project specific number. Forexample: CA-2010-123 BIN k Enter the building number assigned to the building (from IRS Form 8609). Address Enter the physical address of the building, including sheet number and name, city, state, and sip code. Unit Number Enter the unit number. 4 Bedrooms (inter the number of bedrooms in the unit. Square Footage Enter the square footage for the entire unit. Vacant Unit Check if unit was vacant on December 31 of requesting year. For example, for the collection of 2011 data, this would refer to December 31, 2011. Part H - Household Composition List all occupants of the unit. State each household member's relationship to the head of household by using one of the following coded definitions; H Head of Household S Spousc U Unborn Child/Anticipated Adoption or Poster A Adult Co -tenant O Other Family Member C Child F Foster citild(ren)/adult(s) L Live-in Caretaker N None of the above P6401-0001\2740898v4.doe 316 HOUSEHOLD INCOME CERTIFICATION Date of Birth Enter each household member's date of birth. Student Status Enter "Yes" if the household member is a full-time student or "NO" if the household member is not a full-time student. Last Four Digits of Social Security For each tenant 15 years of age or older, enter the last four digits of the social security number or Number the last four digits of the alien registration number. If the last four digits of SSN or alien registration is missing, enter 0000. For tenants under age 15, social security number not required, although please enter 0000. If there are more than 7 occupants, use an additional sheet of paper to list the remaining household members and attach it to the certification, Part III - Annual Income See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including acceptable forms of verification. From the third party verification forms obtained from each income source, enter the gross amount anticipated to be received for the twelve months from the effective date of the (re)certification. Complete a separate line for each income -earning member. List each respective household member number from Part 11. Include anticipated income only if documentation exists verifying pending employment. If any adult states zero -income, please note "zero" in the columns of Part III. Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other income from employment; distributed profits and/or net income from a business. Column (B) Enter the annual amount of Social Security, Supplemental Security Income, pensions, military retirement, etc. Column (C) Enter the annual amount of income received from public assistance (i.e., TANF, general assistance, disability, etc.). Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any other income regularly received by the household. Row (E) Add the totals from columns (A) through (D), above. Enter this amount. Part IV - Income from Assets See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets, Including acceptable forms of verification. From the third party verification forms obtained from each asset source, list the gross amount anticipated to be received during the twelve months from the effective date of the certification. If individual household member income is provided, list the respective household member number from Part fI and complete a separate line for each member. Column (F) List the type of asset (i.e., checking account, savings account, etc.) Column (G) Enter C (for current, if the family currently owns or holds the asset), or I (for imputed, if the family has disposed of the asset for less than fair market value within two years of the effective date of (re)Cortlftcation). Column (H) Enter the cash value of the respective asseL Column (1) Enter the anticipated annual income from the asset (i.e., savings account balance multiplied by the annual interest rate). TOTALS Add the total of Column (H) and Column 0), respectively. If the total in Column (H) is greater than $5,000, you must do an imputed calculation of asset income. Enter the Total Cash Value, multiply by 2% and enter the amount in (]), Imputed Income. Row (K) Enter the greater of the total in Column (1) or (J) Row (I.) Total Annual Household Income From all Sources Add (E) and (K) and enter the total P6401-0001\2740898v4 doe 317 HOUSEHOLD INCOME CERTIFICATION HOUSEHOLD CERTIFICATION AND SIGNATURES After all verifications of income and/or assets have been received and calculated, each household member age 18 or older must sign and date the Tenant Income Certification. For move -in, it is recommended that the Tenant income Certification be signed no earlier than 5 days prior to the effective date of the certification. Part V — Determination of Income Eligibility Total Annual Household Income from all Enter the number from item (L). Sources Current LIHTC Income Limit per Enter the Current Move -in Income Limit for the household size— specifically, the max income Family Size limit for the federal 501/0 or 60°/u set aside. Household Income at move -in For recertification, only. Enter the household income from the move -in certification Household Size at move -in Enter the number of household members from the move-fn certification. Current Federal LIHTC Income Limit x For recertification only. Multiply the current LIHTC Maximum Move -in Income Limit by 140% 140% and enter the total. 140% is based on the Federal Set -Aside of 20/50 or 40/60, as elected by the owner for the property, not deeper targeting elections of 30%, 40%, 45%, 50%, etc. Below, indicate whether the household income exceeds that total. If the Gross Annual Income at recertification is greater than 140% of the LIHTC Income Limit per Family Size at Move -in date (above), then the available unit rule must be followed. Units Meets Income Restriction at Check the appropriate box for the income restriction that the household meets according to what is required by the set-aside(s) for the project Tenant Paid Monthly Rent Federal Rent Assistance Non -Federal Rent Assistance Total Monthly Rent Assistance Source of Federal Rent Assistance Monthly Utility Allowance Other Monthly Non -Optional Charges Gross Monthly Rent for Unit Maximum LIHTC Rent Limit for this unit Unit Meets Federal Rent Restriction at Und Meets Deeper Targeting Rent Restrictions at P640 1 -000 1\2740898v4.doc Part P7-Rent Enter the amount the tenant pays toward rent (not including rent assistance payments such as Section 8). Enter the amount of rent assistance received from a federal program, if any. Enter the amount of non-federal rent assistance received, if any. Enter the amount of total rent assistance received, if any. If federal rent assistance is received, indicate the single program source. Enter the utility allowance. If the owner pays all utilities, enter zero. Enter the amount of non -optional charges, such as mandatory garage rent, storage lockers, charges for services provided by the development, etc. Enter the total of Tenant Paid Rent plus Utility Allowance and other non -optional charges. The total may NOT include amounts other than Tenant Paid Rent, Utility Allowances and other non - optional charges. In accordance with the definition of Gross Rent in IRC §42(g)(2)(B), it may not include any rent assistance amount Enter the maximum allowable gross rent for the unit. This amount must be the maximum amount allowed by the Current Income Limit per Family Size —specifically, the max rent limit for the federal 50'/c or 60`/o set aside. Indicate the appropriate rent restriction that the unit meets according to what is required by the federal set-aside(s) for the project If your agency requires a rent restriction lower than the federal limit, enter the percent required. NIN 318 HOUSEHOLD INCOME CERTIFICATION Part VII - Student Status If all household members are full time' students, check `ryes'. Full-time status is determined by the school the student attends. If at least one household member is not a full time student, check "no". If "yes" is checked, the appropriate exemption must be listed in the box to the right. If none of the exemptions apply, the household is ineligible to rent the unit Part VIH — Program Type Mark the program(s) for which this household's unit will be counted toward the property's occupancy requirements. Under each program marked, indicate the household's income status as established by this certification/recertificadon. If the property does not participate in the HOME, Tax - Exempt Bond, Affordable Housing Disposition, or other housing program, leave those sections blank. Tax Credit See Part V above. HOME If the property participates in the HOME program and the unit this household will oompy will count towards the HOME program set -asides, mark the appropriate box indicting the household's designation. Tax Exempt If the property participates in the Tax Exempt Bond program; mark the appropriate box indicating the household's designation. AHDP If the property participates in the Affordable Housing Disposition Program (AHDP), and this household's unit will count towards the set -aside requirements, select the appropriate box to indicate if the household is a VLI, LI or OI (at recertification) household. Other If the property participates in any other affordable housing program, complete the information as appropriate. SIGNATURE OF OWNER/REPRESENTATIVE It is the responsibility of the owner or the owner's representative to sign and date this document immediately following execution by the resident(s). The responsibility of documenting and determining eligibility (including completing and signing the Tenant Income Certification form) and ensuring such documentation is kept in the tenant file is extremely important and should be conducted by someone well trained in tax credit compliance. These instructions should not be considered a complete guide on tax credit compliance. The responsibility for compliance with federal program regulations lies with the owner of the building(s) for which the credit is allowable. PART IX. SUPPLEMENTAL INFORMATION Complete this portion of the form at move -In and at reemocadon's (only if household eomposidon has changes from the previous year's e-Wfleadon). Tenant Demographic Profile ResidentlApplicant Initials P6401-000112740898v4.doe Complete for each member ofthc household, including minors. Use codes listed on supplemental form for Race, Ethnicity, and Disability Status. All tenants who wish not to furnish supplemental information should initial this section. Parent/guardian may complete and initial for minor child(ren). 319 EXHIBIT "C" CERTIFICATE OF CONTINUING COMPLIANCE (Attached) C-1- P640 1 -000 1 \2740898v4, doe 320 CERTIFICATE OF CONTINUING COMPLIANCE GTY OF PALM DESERT OWNUrS CERfIRCAT! OF COMINUMtO PROGRAM WNIPUANCE To: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: HOUSING DMSION Report Date CertifirAdon Dates: From: Project Name Project Address: Tax ID t? of Ownership Entity: iY► M3 city: ZIP: The undermined on behalf of (the `Owner"), hereby certifies that ❑ No build'mgs have been placed in service. ❑ At least one building has been placed in service, but owner elects to begin credit period In the following year - If either of the above applies, please check the appropriate box, and proceed to page 3 to sign and date this form. ❑ All buildings ARE In service_ 1. The Project meets the mmlmum requirements of (as outlined in the Agreement)- 0 ❑e 2. Has there been a change in any building in the Project? ❑ No Change 0 Change 4'Chettga', list the applicable change in the project for the certification year on page 4. 3. The Owner has recelved an annual Household Income Certification from each low -Income resident and documentation to support that certification, at their Initial occupancy and annually. ❑ Yes 0 No 4. Each low -Income unit In the project has been rent -restricted pursuant to Section , of the Agreement- ❑ Yes 0 No City of Palm Desert I Compliance C'2- P6401-0001\2740898v4.doe updated August11,2022 321 CERTIFICATE OF CONTINUING COMPLIANCE S. Has there been a finding of discrimination underthe Fair Housing Act, 42 U.S.0 3601.361% for this Project? A Wing of &Udmination inctudes an adverse final decision by the Secretary of Housing and Urban Development (HUD), 24 CFR 180.690, an adverse final decision by a substantially equivalent state or local fair housing agency, 42 U.S.C. 3616a(a)(1), or an adverse Judgment from a federal coup: 0 No itnding ❑ Fkuvng if "Finding", state the nature of the finding on page 4. 6. Each building in the Project Is and has been suitable for oaupancv, taking Into account local health, safety and building codes (or other ha i tabiriity standards), and the state or Iota! government unit responsible for making budding code Inspections tild not issue a report of a violation for any building or Im4ricome unit In the project ❑ yes ❑ No If %h' state the nature of violation on page 4 and attach a copy of the violation nMort and arty documentation of correction. 7. Has there been a chance In the ekNe fasts (as defined In of the Agreement] of any building in the project since last certification submission? ❑ No Change ❑ Change if "Change," state nature of ttange on page 4 (e.g., a common area has become commercial space, a fee is now tfwrged for a tenant faotrty formarty provided without charge, or the project owner has received federal subsidles with respect to the project which had not been dis dosed)_ 8. All tenant facilities included, such as swimming pools, other recreational facilities, parking areas. washer/dryer Hookups and appliances were provided on a comparable basis without charge to all tenants in the WOW ❑ Yes ❑ No 9. If a low4ncorne unit in the Project has been vacant during the year, reasonable attempts were, or are beb% made to rent that unit or the next aMlable unit of compa rable or smaller size to tenants having a clualifyfnglncome before any units were or will be rented to tenants not Having a quaff income.. ❑ Yes 13 No 10. If the Income of tenants of a low-maome wit In any building Increased above the limit; the next available unit of Wmparabie or smalleralte in that building was or will be rented to residents having a quaUfyb►g income: ❑ Yes ❑ No 11- An extended iowdnccome housing commitment, wherein an owner cannot refuse to lease a unit in the project to an applicant because the applicant holds a voucher or certificate of aliRibilky under Section 8 of the United States Housing Aetof1937,42U.S.C.i437s, Owner has not refused to lease aunit manapplicant based solely ontheir status asa holderofa Section 8 vo4clier ❑ Yes ❑ No ❑ N/A iZ The owner has compiled with and not evicted or terminated the tenancy of an eidstiag tenant of any low -Income unit other than for good cause'. ❑ Yes ❑ No City of Palm Desert i complwnce C-3- P6401-000112740898v4.doe U pd pled Auycrt 31, 2022 322 CERTIFICATE OF CONTINUING COMPLIANCE 19. Has there been a change in the ownership or management of the Projen? ❑ No Change ❑ Change If "lunge," complete page 4 detailing the changes in ownership or management of the project. NOTE- Failure to complete this form in its entaety will resuh in noncompliance with the program requirements. In addition, any individual other than an owner or general partner of the project is not permitted to sign this form. The project is otherwise In compliance with Affordable Housing Agreement No. and all other applicable laws, rules, and regulations_ This Certification and any attachments are made UNDER PENALTY OF PERIURY of the Laws of the State of California. Signature: Name: Title - Date City of Palm 0esert I Compbonce C-4- P640 1 -000 1 U740898v4 doc Updated August 31. 2022 323 CERTIFICATE OF CONTINUING COMPLIANCE PLEASE EXPLAIN ANY ITEMS THAT WERE HIP GR UUJAQMI In ANSWERED " NO," "CHANGE" OR (To he rnmpleted ONLY H'ONANGE" marked for "FINDING ON QUESTIONS 1-E5. Question 15 above) Question If Explanation (if applicable) 2 5 6 7 13 City or Palm Dlsort I Compdionco P6401-0001U740898v4.doc TRANSFER Of OWNER911P: Date of Change- TaxpayerlD Number: Legal Owner Name - General Parm Status of Partnership (LLC. etc Date of Change. Owner Contact. Owner Contact Phone Owner Cardact EMAW Date of change7 Management Co. Name nagement Address Management 0y, state, zip: Management Contact Management Contact Phone - Management Contact Email• C-5- Updated August 31. 2022 324 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: City Clerk with a copy to: Richards, Watson & Gershon 355 S. Grand Ave., 40th Floor Los Angeles, CA 90071 Attn: Jim G. Grayson, Esq. Space Above This Line For Recorder's Use This First Amendment to Housing Agreement is recorded for the benefit of the City of Palm Desert and is exempt from Recording Fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code. FIRST AMENDMENT TO HOUSING AGREEMENT THIS FIRST AMENDMENT TO HOUSING AGREEMENT (this "Amendment') is made and entered into on , 2024, by and between the CITY OF PALM DESERT a municipal corporation (the "City"), and GERALD FORD APARTMENTS, LP, a California limited partnership (the "Owner"), with reference to the following facts: WHEREAS, the City entered into a Housing Agreement, dated as of December 15, 2022, and recorded on March 9, 2023 as Instrument No. 2023-0069373 in the Official Records of Riverside County, California, and pertaining to that certain property described in Exhibit A attached hereto, (the "Agreement'); WHEREAS, the table contained in the Agreement describing the number of bedrooms included within the Affordable Units contains an error and the City and the Owner desire to correct such error by amending the Agreement on the terms and conditions hereof; and NOW, THEREFORE, in consideration of the foregoing, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. All capitalized terms not herein defined shall have the meanings ascribed thereto in the Agreement. 2. The table describing the number of bedrooms contained in the Affordable Units and contained in the definition of "Affordable Unit" within Article 1, Section 1.1 of the Agreement is hereby deleted and replaced with the following: -1- P6401-0001\2992075v2.doc 325 Very Low Income Low Income Bedroom Size Household Units Household Units Two (2) Bedrooms 18 92 Three (3) Bedrooms 12 27 3. Section 2.1 of the Agreement is amended in its entirety to read as follows: The Owner shall develop and construct the Apartment Community in conformity with City Council Resolution No. 05-104 and Resolution No. 05-105, City Council Ordinance No. 1102, and Planning Commission Resolution 2813. Thereafter, during the Required Covenant Period, the Owner agrees that not less than one hundred forty-nine (149) units in the Apartment Community shall be Affordable Units under this Agreement, meaning that such units shall be continually available to and occupied by, or held vacant for occupancy only by Low Income Households and Very Low Income Households. One (1) of the two (2) bedroom units in the Apartment Community shall be dedicated for use by an on -site manager. All of the units in the Apartment Community shall be similarly constructed and all of the Affordable Units shall be generally constructed at the same time. At the time of initial construction, the Affordable Units shall be of comparable quality to similar apartment projects within the City which contain income restricted units. The Owner agrees that, to the extent commercially reasonable, Affordable Units will not be underutilized. No persons shall be permitted to occupy any Affordable Unit in excess of the applicable limit of maximum occupancy set by the City's Municipal Code and the laws of the State of California. 4. Except as otherwise modified herein, the terms and provisions of the Agreement shall remain unchanged and are hereby ratified and confirmed. 5. This Amendment shall be governed by, and construed in accordance with, the laws of the State of California. 6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. [Remainder of this page intentionally left blank] [Signatures appear on the following page] -2- P640 1 -000 1\2992075v2.doc 326 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above. OWNER: GERALD FORD APARTMENTS, LP, a California limited partnership By: WNG Palm Desert LP, a California limited partnership, its administrative general partner By: Western National Investments, a California corporation, its general partner By: Name: Title: Jeffrey R. Scott Chief Financial Officer By: Hearthstone CA Properties IV, LLC, a California limited liability company, its managing general partner By: Hearthstone Housing Foundation, a California nonprofit public benefit corporation, its sole member and manager By: Name Title: Socorro Vasquez Executive Director -3- P640 1 -000 1\2992075v2.doc 327 CITY: CITY OF PALM DESERT, a municipal corporation By: Name: Title: ATTEST: Karina Quintanella Mayor Anthony J. Mejia, City Clerk ACKNOWLEDGMENT, CONSENT AND AFFIRMATION is the maker of a [construction/permit loan] (the "Loan") to the Owner with respect to and secured by the Apartment Community, and hereby acknowledges and consents to the foregoing Amendment, and affirms that the Amendment will not result in the subordination of the Agreement to the lien securing the Loan. Date: , 2024 , a By: Name: Title: By: Name: Title: ME P640 1 -000 1\2992075v2.doc 328 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On before me, Notary Public, personally appeared Karina Quitanella , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public -5- Place Notary Seal Above P640 1 -000 1\2992075v2.doc 329 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On before me, Notary Public, personally appeared Anthony J. Meiia , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public rel Place Notary Seal Above P640 1 -000 1\2992075v2.doc 330 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public -7- Place Notary Seal Above P640 1 -000 1\2992075v2.doc 331 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public 10 Place Notary Seal Above P640 1 -000 1\2992075v2.doc 332 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public in Place Notary Seal Above P640 1 -000 1\2992075v2.doc 333 VYUIRIT A LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Palm Desert, County of Riverside, State of California, described as follows: PARCEL 1 AS DEPICTED ON EXHIBIT "B" ATTACHED TO THAT CERTAIN PARCEL MAP WAIVER FOR LOT LINE ADJUSTMENT NO, 17-49 RECORDED AUGUST 24, 2017 AS INSTRUMENT NO. 2017-0353036 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOT 14, AND A PORTION OF LOT 13 OF TRACT MAP NO. 33837-1, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 402, PAGES 4 THROUGH 8, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 13, DESCRIBED AS HAVING A BEARING AND DISTANCE OF NORTH 18022'25 WEST 343.90 FEET ON SAID TRACT MAP; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 18022'25" WEST 100.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 71 ° 1 0'24" EAST 178.56 FEET; THENCE NORTH 89059'24" EAST 149.94 FEET TO THE GENERAL EASTERLY LINE OF SAID LOT 13; THENCE ALONG SAID GENERAL EASTERLY LINE, AND THE NORTHEASTERLY AND NORTHWESTERLY LINES OF SAID LOT 13, THE FOLLOWING EIGHT (8) COURSES: NORTH 00000'00" EAST 171.95 FEET, NORTH 90000'00" EAST 43.50 FEET, NORTH 00000'00" EAST 113.00 FEET, NORTH 90000'00" EAST 61.05 FEET, NORTH 00000'00" EAST 55.95 FEET, NORTH 35°28'02" EAST 298.62 FEET, NORTH 54031'58" WEST 358.33 FEET, AND SOUTH 35028'02" WEST 210.39 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHWESTERLY AND SOUTHWESTERLY LINES OF SAID LOT 14 AND SAID SOUTHWESTERLY LINE OF SAID LOT 13, THE FOLLOWING THREE (3) COURSES: I_m P640 1 -000 1\2992075v2.doc 334 CONTINUING SOUTH 35028'02" WEST 480.04 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 70025'44" EAST; THENCE SOUTHEASTERLY 22.05 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 ° 1 F51 "; THENCE SOUTH 18022125" EAST 280.82 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B NONEXCLUSIVE DRAINAGE EASEMENTS AS SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS REGARDING DRAINAGE OF SURFACE WATERS AND GRANT OF DRAINAGE EASEMENTS (SPANISH WALK)" RECORDED MAY 10, 2006 AS INSTRUMENT NO.2006-0340313 OF OFFICIAL RECORDS. APN(S): 694-520-019 as to a Portion of said land 694-520-020 as to a Portion of said land Im P640 1 -000 1\2992075v2.doc 335 336 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Bassam AL-Beitawi, Senior Project Manager SUBJECT: AWARD A CONTRACT TO PAVEWEST, INC., FOR THE PARKING LOT REHABILITATION AND MAINTENANCE PROGRAM (PROJECT NO. MPL00002) RECOMMENDATION: 1. Award a contract to PaveWest, Inc., for the Parking Lot Rehabilitation and Maintenance Program in an amount not to exceed $368,000 for the first year and $500,000 annually thereafter for a one-year term with four one-year extensions. 2. Appropriate $97,742 from Presidents' Plaza III — Parking Lot Maintenance Reserve Fund to Account No. 2824373-4332100. 3. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 4. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS : To maintain the safety and functionality of City -owned and managed parking lots, the City of Palm Desert (City) annually contracts for asphalt repairs, sealcoat, re -striping and other tasks. As part of this commitment, on June 17, 2024, the City released a Request for Proposal (RFP) for the On -Call Parking Lot Maintenance Program (Program). This scope of work covers the larger sites listed below and may also extend to include smaller areas. • Civic Center Park • Ironwood Park • Corporation Yard • Joe Mann Park • Entrada del Paseo • Magnesia Falls Park • Desert Willow • Presidents Plaza 1-11 • Freedom Park • Presidents Plaza III • Hovley Soccer Park • San Pablo Corridor While past maintenance has been conducted on a project basis annually, City staff recommends moving forward on an on -call basis to provide greater flexibility and efficiency. The City received three proposals by the deadline of July 17, 2024. The proposals were reviewed for clarity and conformance with the guidelines, content of the proposal, experience and performance, comments by references, and fee proposal (range of costs). The companies submitting proposals include: Page 1 of 2 337 City of Palm Desert ADA Parkina Lot Rehab and Maintenance Proaram Company Location NGP, Inc. Perris, CA PaveWest, Inc. Artesia, CA We R Builders, Inc. Glendale, CA A Selection Committee comprising of three staff members from the Public Works Department reviewed the proposals. Following an evaluation, the Committee proposes awarding a contract to PaveWest, Inc., (Contractor) for on -call services. The Contractor also demonstrated conformance with the RFP by providing the content, including the format identified in the RFP. Furthermore, they provided the most competitive pricing, offering rates that were favorable when compared to other vendors. Almost all of the Contractor's line items for seal coating, which constitutes the majority of the scope of work, were priced lower than those of the other two vendors. In addition, their firm staffing and key personnel have over 25 years of experience each in this field. Lastly, staff conducted a reference check on the Contractor, receiving commendable feedback on their past performance, including their responsiveness, work quality, and communication with their clients. Legal Review: This report has been reviewed by the City Attorney's Office. FINANCIAL IMPACT: The approved Capital Improvement Project (CIP) List for Fiscal Year 2024/25 includes $368,000 in Year 1 and $500,000 thereafter annually for year two through year five for Parking Lot Rehabilitation and Maintenance. Staff request an appropriation of $97,742 to Account No. 2824373-43321000 in order to include the Presidents Plaza III Parking Lot. The table below notes the budget for Fiscal Year 2024-25: ATTACHMENTS: 1. Agreement 2. Payment and Performance Bonds 3. Proposal Page 2of2 338 Contract No. CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 22nd day of August 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, ("City") and PaveWest, a Corporation, with its principal place of business at 11700 166th Street, Artesia, CA 90701 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. The City is a public agency of the State of California and is in need of services for the following project: On -Call Parking Lot Rehabilitation and Maintenance Program Project No. MPL00002 (hereinafter referred to as "the Project"). 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from August 22, 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than four additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the Revised 01-2024 BBK 72500.00001\32374943.1 339 Contract No. means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates BASSAM AL-BEITAWI, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates PAULINE DUVAL, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat 2 Revised 01-2024 BBK 72500.00001 \32374943.1 Contract No. to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub- subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City's Minority Business 3 Revised 01-2024 BBK 72500.00001 \32374943.1 341 Contract No. Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor's indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability 0 Revised 01-2024 BBK 72500.00001 \32374943.1 342 Contract No. coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (a) A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall "follow form" to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. [RESERVED] (F) Cyber Liability Insurance. [RESERVED] (G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations". The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. 5 Revised 01-2024 BBK 72500.00001 \32374943.1 343 Contract No. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. (D) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 0 Revised 01-2024 BBK 72500.00001 \32374943.1 7 I I Contract No. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub - consultants, sub -contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City's Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and 7 Revised 01-2024 BBK 72500.00001 \32374943.1 345 Contract No. subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 0 Revised 01-2024 BBK 72500.00001 \32374943.1 fi M Contract No. 3.2.15 Work Sites. 3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances —time or money —will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non -conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All 0 Revised 01-2024 BBK 72500.00001 \32374943.1 347 Contract No. warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE HUNDRED SIXTY EIGHT THOUSAND Dollars ($386,000) for the first year and FIVE HUNDRED THOUSAND Dollars ($500,000) thereafter annually without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non -disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" 10 Revised 01-2024 BBK 72500.00001\32374943.1 9M Contract No. projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11 Revised 01-2024 BBK 72500.00001 \32374943.1 M Contract No. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: PAVEWEST, INC. 11700 166TH STREET ARTESIA, CA 90701 ATTN: PAULINE DUVAL, PROJECT MANAGER City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: BASSAM AL-BEITAWI Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. 12 Revised 01-2024 BBK 72500.00001 \32374943.1 350 Contract No. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 13 Revised 01-2024 BBK 72500.00001 \32374943.1 351 Contract No. privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third -Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third -party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] 14 Revised 01-2024 BBK 72500.00001 \32374943.1 352 Contract No. SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND PAVEWEST, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT PAVEWEST, A CORPORATION go Attest: A L. Todd Hileman City Manager Anthony J. Mejia City Clerk Approved as to form: la Isra Shah Best Best & Krieger LLP City Attorney By: Don Mangan President By: Its: Secretary Printed Name: Jake Lewis Contractor's License Number and Classification DIR Registration Number (if applicable) QC: Insurance: Initial Review Final Approval Bonds Revised 01-2024 BBK 72500.00001 \32374943.1 353 Contract No. EXHIBIT "A" SCOPE OF SERVICES Proposed Method to Accomplish the Work Technical and Management Approach: e R Builders, Inc. will employ a structured and systematic approach to accomplish the work outlined in the Cm -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program. Our method irrvolves careful planning, coordination, and execution to ensure compliance with ADA requirements and the City's specifications, The following outlines our proposed method to accomplish the work; 1. Project Planning and Mobilization: • Initial Site Assessment; Conduct thorough site assessments to identify the specific locations and scope of work required for ADA curb ramps, sidewalks, curbs and gutters, and drive approaches. Coordination with City Officials: Schedule meetings with City officials to discuss project details, timelines, and any specific requirements or constraints. • Mobilization; Mobilize necessary equipment materials' and personnel to the project site. Ensure all safety protocols are in place and thatthe work area is secured and prepared for construction activities, 2. Traffic Control and Safety Measures; • Traffic Control Plan: Develop and implement a comprehensive traffic control plan in accordance with CA MUTCD guidelines to ensure the safety of both workers and the public. Install appropriate signag e, barriers, and detours as needed. • Safety Protocols: Conduct safety briefings and ensure all personnel are equipped with the necessary personal protective equipment (PPE). Maintain a clean and safe work environment throughoutthe project duration. 3. Sawcut and Removal of Existing Concrete; Sawcutting: Utilize precision sawcutting equipment to accurately cut the existing concrete at designated locations for removal. Ensure clean and straight cuts to minimize damage to adjacent structures. Concrete Removal: Carefully remove the sawcut concrete sections, including existing sidewalks, curbs, gutters, and drive approaches. Dispose of all debris in accordance with environmental regulations and project specifications. 4. Construction of ADA Curb Ramps and Concrete Improvements; Exhibit "A" Revised 01-2024 BBK 72500.00001\32374915.1 354 Contract No. • ADA Compliance: Construct new ADA-compliant curb ramps, ensuring proper slopes, tactile warning surfaces, and smooth transitions. Adhereto ADA guidelines and City standards. • Sidewalk Construction: Four and finish new concrete sidewalks, ensuring a smooth and even surface. Use appropriate curing methods to achieve the required strength and durability, • Curbs and Gutters: Construct new curbs and gutters, ensuring proper alignment, elevation, and drainage capabilities. Follow City specifications and quality standards. Dive Approaches: Construct new drive approaches, ensuring proper grades and smooth transitions to existing pavements. Verify compliance with ADA and City requirements. 5. Asphalt Concrete Patching and Installation: • Asphalt Patching; Perform necessary asphalt concrete patching to restore disturbed areas adjacent to the new concrete structures. Ensure seamless integration with existing pavements. • Traffic Signal Pull Boxes: Install new traffic signal pull boxes as required, ensuring proper placemerrt and functionality. Coordinate with utility providers for necessary connections. 6. Installation of Truncated Domes and Flexible Crack Filler. Truncated Domes: Install tactile warning surfaces (truncated domes) on all ADA curb ramps to provide visual and tactile cues for pedestrians, Ensure proper adhesion and durability, Flexible Crack Filler Apply flexible crack filler material to existing cracks in the concrete and asphalt surfaces to prevent further deterioration and extend the Iifespan of the pavement. 7. Quality Control and Inspections: • Quality Assurance: Implement a comprehensive quality control program to ensure all work meets project specifications and standards. Conduct regular inspections and testing as req u i red. • Final Inspections; Coordinate with City inspectors to conduct final inspections and address any punch list items promptly. Ensure all work is completed to the satisfaction of the City. B. Project Closeout and Documentation; Site Cleanup: Perform thorough site cleanup, removing all construction debris, materials, and equipment. Restore the work area to its original condition or better. Documentation; Provide detailed documentation, including as -built drawings, inspection reports, and material certifications. Ensure all project records are complete and Exhibit "A" Revised 01-2024 BBK 72500.00001\32374915.1 355 Contract No. submitted to the City. Draft First Year Schedule: ' Month 1: Project kick-off, mobilization. initial site assessments, and setup. • ivlonth 2-4: ADA curb ramp modifications at designated locations, • Month 5-7: Sidewalk replacement and repairs, • Month 8-10: Curbs and gutters constru Lion, and drive approach replacements. • Month 11-12: Asphalt patching, installation of traffic signal pull boxes, installati-on of truncated domes, flexible crack filler applications final inspections, and project closeout, Additional Necessary Tasks: • Community Engagement: Enhance community engagement to inform residents about project timelines and potential disruptions, • Progress Meetings: Schedule regular pro-gress meetings with City officials to ensure alignment and address any emerging issues promptly. By following this detailed method, We R Builders, Inc. is confident in delivering a successful project that meets the City of Palm Desert's standards and expectations, ensuring ADA compliance and enhancing public infrastructure. Exhibit "A" Revised 01-2024 BBK 72500.00001\32374915.1 356 Contract No. EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from August 22, 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Four (4) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Exhibit "B" Revised 01-2024 BBK 72500.00001\32374915.1 357 Contract No. EXHIBIT "C" COMPENSATION RFP No.. MPL00002- Project No.: HPLOU 002 Pro] ectTltle= On -Gall ParkingLot MaIntenarice Program ITEM SCOPE APPROX.QTY UNIT COST 1 Remove& replace asphalt upto-4"thick 1-1,000 SF $ 5.40 2 Remove& replace asphalt upta4"thick 1,001-5.000 SF $ 5.30 3 Remove& replace asphalt upta4"thick 5,001-10,000 SF $ 5.05 4 Rem ve&replaceasphaltupta4"thick 10.0001+ SF $ 4.78 5 Eachaddltlonalinch ofthlcknessofasphaIttoR&R IA SF $ 0.93 0 MA & overlay asphalt up to 2" thick 1-1,000 SF $ 3.65 7 M A & overlay asphaItupto2"thick 1,001-5.000 SF $ 3.45 8 M it( & overlay a sp ha It up to 2" th ic k 5,001-10,000 SF $ 3.20 9 M it( & overlay a sp ha It up to 2" th ic k 10.0001+ SF $ 2.95 10 Overlay as phaltupto2`(NoMlll) 1-1,000 SF $ 3.20 11 Overlayasphaltupto2`(NaMill) 1,001-5.000 SF $ 3.00 12 Overlayasphaltupto2`(NoMill) 5,001-10,000 SF $ 2.80 13 Overlayasphaltupto2`{NoMlll) 10.0001+ SF $ 2.65 14 Install up to4`ofbase �includesremoval) 1-1,000 SF $ 2.60 15 Insta11upto4`ofbase in clod es removal) 1,001-5,000 SF $ 2.05 16 Installupto4'ofbase includesremoval) 5,001-10,000 SF $ 1.80 17 Install up to 4' of base )includes removal) 10.0001+ SF $ 1.60 18 Manhold Adjustment (Single Adjust) 1 EA $ 1,800.00 19 Wate r Valve Ad] u st men t (Sin gle Ad] u st) 1 EA $ 600.00 20 Hot C ra c kse al Material 1-1,mo SF $ 2.20 21 Hot C ra c kse al Material 1,001-5.000 SF $ 1.80 22 Hot C ra c kse al Material 5,001-10,000 SF $ 1.60 23 Hot Crackseal Material 10,0001 + SF $ 1.45 24 Cald CracBea l Materlal 1-1.000 SF $ 2.20 25 Gold Crackseal Materlal 1,001-5.000 SF $ 1.80 26 Gold Crackseal Materlal 5,001-10,000 SF $ 1.60 27 Gold CracBea l Materlal 10.0001+ SF $ 1.45 29 SeaIcoat 11coat) 1-1,000 SF $ 0.48 29 sea Icoat (Icoat) 1,001-5.000 SF $ 0.44 30 Sea Icoat (Icoat) 5,001-10,000 SF $ 0.36 31 Sea Icoat Icoat) 10,0001+ SF $ 0.21 32 Seal coat l2 coat) 1-1,000 SF $ 0.53 33 Seal coat i 2 coat) 1,001-5.000 SF $ 0.49 34 Seal coat 12 coat) 5,001-10,000 SF $ 0.41 35 Seal coat l2 coat) 10.0001+ SF $ 0.26 36 Rernm & replace 2"x4" redwood headerboard 1 LF $ 20.00 37 Plac e new spee d bu rn p1speed hum p 1 EA $ 1,800.00 38 Asphalt Minimum Move Charge 1 EA $ 3,900.00 .39 GrackseaUSeaI)StripingMinimum McveOharge 1 EA $ 2,900.00 40 Strlping- Single Parking Stall 1 EA $ 12.00 41 Strlping- Double ParkingStall ISquare End) 1 EA $ 18-00 Exhibit "C" Revised 01-2024 BBK 72500.00001\32374915.1 m Contract No. EXHIBIT "C" COMPENSATION 42 Strlpin - Double P arking Stall �Round Endl 1 EA $ 18.00 43 Strlping- Hlandicap Parking Stall 1 EA $ 42.00 44 Strl ping -4'"STOP"stencilwithrestrain ling bar 1 EA $ 60,00 45 Sul pin - 9' "STOP" stencil with restrain ing bar 1 EA $ 60.00 46 Striping- Painted Curb 1 LF $ 0.96 47 Sul ping- Replace 4'Wheelstop 1 EA $ 54.00 48 Sul pin - Replace 6'Wheelstop 1 EA $ 102.00 49 Strlpin - Speedbumpf Speedbump 1 EA $ 150:00 50 Sul ping- Path of Travel 1 SF $ 0.72 51 Strlping-DoubleYellow Une(4") 1 LF $ 0.72 52 Strlpin - Raised Pavement Markers 1 EA $ 18.00 53 Strlpin -Arrow 1 EA $ 30.00 54 Sul ping-4"wide Line _ LF $ 0.36 5S Strlping- 6"wide Line 1 LF $ 0.50 56 Sul pin - 8"wlde Line 1 LF $ 0.65 57 1 Sul pirig -12`wide Llne 1 LF $ 1.00 58 Strlping- New"STOP" sign (no post) 1 EA $ 120.00 59 Strlpin - New "STOP" sl n (with new post) 1 EA $ 300.00 60 Strlpin - New hand leap sign (no post) 1 EA $ 120.00 61 Strlpin - New handicap sign (with new past) 1 EA $ 300.00 62 Striping- Core drill concrete or asphattfDr new post EA $ 210.00 Eq u 1pmenta 63 BackhDe with Breaker&All Attachments 1 HR $ 380.00 64 Super Ten Dump Truck with Drop Axel 1 HR $ 155.00 65 8-5Tons Bolter 1 HR $ 45.00 66 5-8 Tons Flelter 1 H R $ 6S.00 67 8-10Tons Rolter 1 HR $ 78.00 68 10- 12 Tons Roller 1 HR $ 80.00 69 4WheetDrive SklpLoad er 1 HR $ 260-00 70 3k1d Steer with Grinder, Broom Bucket & Hammer HR $ 390.00 71 WaterTruck _ HR $ 155.00 72 8'-16' Paver Rubber Track 1 HR $ 290.00 73 10' x 20' Rubber Tires 1 HR $ 385-00 74 4Mlitlilng Machine 1 HR 1 $ 390,00 75 5'MiWng Machine 1 HR $ 410.00 76 Hydro Vac - Dlteh Witch 500 Gallon with wash systern 1 HR $ 585.00 77 LowbedServices 1 HR $ 158-00 78 Klck Broom 1 HR $ 260.00 79 125 Metter 1 HR $ 180.00 80 250 Metter 1 HR $ 1.90.00 81 250 Gallon Mastic Machine 1 HR $ 210.00 82 jArrDw Board 1 HR $ 50.00 83 Traffic Comm( 1 HR $ 66,00 84 Crew Truck 1 HR $ 45.00 Exhibit "C" Revised 01-2024 BBK 72500.00001\32374915.1 359 Contract No. EXHIBIT "C" COMPENSATION La bar: 85 Foreman _ HR $ 135.00 86 Laborer i HR $ 115.00 87 Operator 11 HA 1 $ 135.00 MaterlaL 86 Asphalt 1 TN $ 103-00 89 Aggregate Base 1 TN $ 90 6ealcoat 1 Oal $ ik Exhibit "C Revised 01-2024 BBK 72500.00001\32374915.1 m Contract No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded to PaveWest, Inc., (hereinafter referred to as the "Contractor") an agreement for Parking Lot Rehabilitation and Maintenance Program (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, PaveWest, Inc., the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of Five Hundred Thousand Dollars, ($500,000), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the Exhibit "C" Revised 11-2-20 BBK 72500.00001 \32374915.1 361 Contract No. lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 362 Contract No. IN WITNESS WHEREOF, we have hereunto set our hands and seals this .20 (Corporate Seal) Contractor/ Principal M Title (Corporate Seal) Surety Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title day of Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) per thousand. The total amount of premium NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 363 Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER Individual Corporate Officer Title(s) ❑ Partner(s) Limited J General Attorney -I n-Fact Trustee(s) ❑ Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. M Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER E Individual E Corporate Officer Title(s) E Partner(s) J Limited General E Attorney -In -Fact E Trustee(s) E Guardian/Conservator E Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. 365 Contract No. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken or a resolution passed August 22, 2024, has awarded to PaveWest, Inc., hereinafter designated as the "Principal," a contract for the work described as follows: Parking Lot Rehabilitation and Maintenance Program (the "Project").; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal annual sum of Five Hundred Thousand Dollars, ($500,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or i•. Contract No. attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 367 Contract No. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of .20 . (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety a Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. i•: Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 120, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. i•• Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On s 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator E Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. 370 Va=veWest 11700 166th Street, Artesia, CA 90701 1 562-686-1991 1 pauline@pavewest.com Dear City of Palm Desert, At PaveWest, Inc. we pride ourselves on our can -do attitude and customer service. We are a General Engineering Contractor specializing in all aspects of fine grading and asphalt paving. Our clients count on our expertise in value engineering, cutting -edge technology and creative recycling applications. We perform grading, concrete and paving at competitive rates. Will we be the lowest initial price? Often! Also and more importantly, our knowledge of specialty civil construction, grade and pave projects and routine maintenance deliver our clients the greatest long term value. PaveWest prides itself on doing each job well. Our reputation is important to us and the quality of our work is the cornerstone of our reputation. On each project we work closely with you, our clients, to ensure that the materials used and the scope of work meet job specifications. It is our goal on every job to maintain the caliber of work that you have come to expect from us. PaveWest is a full -service commercial paving company offering all forms of traditional paving, as well as new and innovative techniques. The types of projects we regularly pave include commercial, industrial, retail, military bases, airports, refineries, stadiums, arenas, schools and universities, HOAs, hospitals and public works. We often provide budget numbers and consult with clients on value engineering options. PaveWest offers services to meet all your maintenance needs. We have special expertise in minimally impacting your ongoing business while satisfying your maintenance requirements. Maintenance-Asphalt/Concrete • Crack fill • Skin Patching • Petromat Overlays • Asphalt Ramps and Berms • Concrete Flowline • Curb Replacement • Grind and Overlay • Remove and Replace Seal Coating and Striping • New Layout • Restriping • Stencil • ADA Upgrades and Signage • Directional Signage (we own our own coring machines) • Concrete Wheel Stops • Curb Painting Regarding technical and managerial approach, PaveWest has an internal scope review with grading superintendent, concrete superintendent, paving superintendent, and striping superintendent, in conjunction with Donald Mangan, President of PaveWest and Pauline Duval, Project Manager for the Public Works Department. The internal scope review also includes Vince English and Linda Young, from our Dispatch Department. Our Dispatch Department coordinates the delivery of materials, exports, trucking, and all equipment. As required, a follow up meeting will occur every time work is required, and it will include the General Superintendent of Construction and the Superintendents that are impacted. Any additional necessary tasks such as value engineering can be discussed by Donald Mangan, President of PaveWest and the City of Palm Desert if so desired by the City. Thank you in advance for taking the time to review our proposal. I look forward to talking with you. Sincerely, Pauline Duval Project Manager 371 Bidder: PaveWest, Inc. Project: On -Call Parking Lot Maintenance Program Request for Proposal #MPL00002 B. Experience and Technical Competence 1. Background During the course of PaveWest providing civil work for Public Works project, we have encountered many Public Works construction projects and we have worked with DSA. PaveWest has a designated Project Management staff and an experienced Payroll Department. Our Payroll Department specializes in prevailing wage compliance and issues. We also have a Safety Department. The Payroll and Safety departments follow California state laws. In regard to our construction team, PaveWest performs its own demolition, grading, concrete, seal, and striping. Each trade has its own division with a General Superintendent, Superintendents, and Foreman as required by the size of each department. Demolition, grading, and paving has its own Dispatch Department due to these disciplines being the majority of our business. Our Concrete Superintendent and Seal & Stripe Superintendent handle their own dispatch but work in conjunction the Project Managers and Central Dispatch to ensure the sequencing of the schedules accordingly. PaveWest currently has a staff of 14 people who handle various aspects of completing projects that total in the annual amount of $40-$45 million dollars. All of our Superintendents are well versed in every aspect of their specialized trade with an emphasis on professionalism, safety, and customer relations. On a yearly basis, PaveWest works with over 100 of the same general contractors and some agencies. We have ongoing yearly contracts with owners such as Home Depot (from the Bay Area to the Boarder) and Target. We also have ongoing yearly projects with many other property management and direct large property holding companies. 2. References Reference 1 Project: 2020 Asphalt Paving Phase 1, Bid No. 20D9BXM336 Description: Grind & Remove 18" Asphalt/Soil, Install 12" Rock Base, Construct 6" Asphalt, (2) Coats of Seal, Match Existing Striping including ADA, Wheel stops, Speedbumps, Curb & Gutter, and Sidewalk. Owner: Simi Valley Unified School District Contact: Timothy Murphy, SVUSD Bond Construction Manager/Coordinator Phone Number: 805-300-5776 Email: Timothy. Murphy c( simivalleyusd.orq PaveWest was the General Contractor Date of Award: 4-21-20 Planned Duration: 80 Calendar Days Actual Duration: 42 Calendar Days Original Contract Price: $1,694,627.37 Adjusted Contract Price: $1,691,019.80 Subcontractors: N/A Reference 2 Project: Asphalt Replacement Project — North Shore Elementary School, Bid No. NS2020-02 Description: Demolition, Disposal, Pulverize Asphalt in Place, Rough Grading, Fine Grading, Asphalt Paving, and Match Existing Striping including ADA. Owner: Bear Valley Unified School District 372 Bidder: PaveWest, Inc. Project: On -Call Parking Lot Maintenance Program Request for Proposal #MPL00002 Contact: Terry Planz, Director of Maintenance and Operations Phone Number: 909-866-4179 Cell: 909-821-3714 Email: Terry Planz c( bearvalleyusd.org PaveWest was the General Contractor Date of Award: 5-20-2020 Planned Duration: 40 Works Days Actual Duration: 20 Work Days Original Contract Price: $181,000.00 Adjusted Contract Price: N/A Subcontractors: AC Dike Reference 3 Project: Parking Lot A Renovation Description: Demolition, Disposal, Grind & Remove, Install Rock Base, Construct Asphalt, Curb & Gutter, A -Curb, Light Standards, Catch Basin, Steps, Sidewalk, Erosion Control, Chain Link Fencing & Bollards, Electrical, Land Surveyor, and Tree Removal. Owner: Mt. San Antonio College Contact: Tiffany Chen, Procurement Specialist, Purchasing Department Phone Number: 909-274-5514 Cell: 909-274-2025 Email: TChen138(@,mtsac.edu PaveWest was the General Contractor Date of Award: 7-1-2019 Planned Duration: 42 Calendar Days Actual Duration: 42 Calendar Days Original Contract Price: $1,079,306.00 Adjusted Contract Price: $1,073,306.00 Subcontractors: Psomas, V&E Tree Service, Team West Contracting, Rovazzini Electric Reference 4 Project: Bid # 569 Asphalt Paving Description: At Various Schools - Remove & Replace Asphalt, Grind 7" of Asphalt/Soil, Install 4" Base, Construct 3" Asphalt, Slurry Seal, Match Existing Striping including ADA, Concrete Paving, and Crack Fill. Owner: Oxnard High School District Contact: Joshua Brown, Project Manager Phone Number: 805-385-1514 ext. 2501 Cell: 805-394-9393 Email: Joshua. Brown(aOuhsd.k12.ca.us PaveWest was the General Contractor Date of Award: 6-6-2018 Planned Duration: 40 Calendar Days Actual Duration: 40 Calendar Days Original Contract Price: $1,392,259.46 Adjusted Contract Price: $1,342,734.55 Subcontractors: N/A B. Financial Statement Available upon request C. Safety Records No specific requirements for PaveWest's accident frequency factor and workers' compensation experience modification rate. D. Experience Data Please see attached list of all completed projects. 373 C. Firm Staffing and Key Personnel 1. Staffing The staffing assigned to meet the goals and fulfill the scope of work will vary between of number of key personnel and field personnel. Pauline Duval will be the project manager for each project and will be the main point of contact for any and all administrative requests, documentation of scope of work, proposals and changes to scope of work. The general superintendents will be either Vince English or Ruben Meraz, depending on the scope of work. English and Meraz will make sure work is completed correctly and in a timely manner. Field Personnel will vary on a project by project basis and will be determined as the projects progress. 2. Key Personnel Richard T. Mangan, Owner Mr. Mangan has over 30 years of experience in electrical and instrumentation engineering, design, and construction oversight. He is well versed in all aspects of electrical power distribution, electrical controls and instrument controls related to the Petrochemical Industry. He is responsible for company organization and business development. Donald P. Manaan, President Mr. Mangan has over 30 years of experience in commercial construction and site improvement. He is proficient in all facets of cost estimating, structural concrete, grading, paving and equipment maintenance. He has recently completed major projects such as the Project Cherry for Clayco, Amazon DAX8 for Uprite, Amazon DCX2 for Catamount and many more projects of this scale. In addition, he oversees the construction of smaller, ongoing projects, with the help of his dispatch and construction foremen and project managers. Vince English, Project Superintendent Mr. English has over 25 years of experience in commercial construction and site improvement. As a Field Superintendent he is proficient in all facets of grading and paving. He has the ability to complete the project on schedule and maintain an excellent relationship with all other contractors and code jurisdiction agencies to ensure the successful completion of the project. Pauline Duval, Project Manager, Public Works Mrs. Duval has 5+ years with PaveWest in both the private and public construction areas. She assumed the position of Project Manager in Public Works in 2020 and has managed complex projects worth in excess of $1.5 million. Ruben Meraz, General Superintendent of Striping Mr. Meraz has been with PaveWest since 2011 and has extensive experience in sealcoating, striping and signage. He assumed the General Superintendent position since 2015. During the 374 RT e,We_n last 7 years he has supervised multiple simultaneous projects and crews, with some project up to 1,000,000 SF. Gerardo Aceves. Suoerintendent Mr. Aceves has been with PaveWest since 2011 on the striping and maintenance crews. He assumed the superintendent's position in 2015. He has supervised numerous, large, complex projects all over the states of California and Arizona. 3. Team Organization The public works department, dispatch management, and all superintendents will work closely to ensure that the scope of work is completed. The Project manager will work with the dispatch department to perform daily monitoring and following the progress of project, which includes ensuring all materials, lodging, labor, fuel, etc. is available for our crews. The total duration for each project at Various Sites will vary in length of time. 4. Subcontractor No subcontractors will be used for any portion of work. 375 Proposed Method to Accomplish the Work The following is a description of the approach PaveWest will use to meet the goals and fulfill the general scope of work included but not limited to bid documents. PaveWest's general approach to a project such as this would entail a kickoff production and scope meeting in our corporate office located in Artesia, CA via zoom. While at this meeting, PAULINE DUVAL, project manager for this project, will present our asphalt and striping general superintendents, VINCE ENGLISH and RUBEN MERAZ, and superintendents for asphalt and striping, JESSIE MARQUEZ and GERARDO ACEVES. The general scope including the schedules within the bid documents, the specs, a map of all locations, and the materials to be used, as well as selecting the appropriate manpower for each phase, will be discussed in great detail. Google earth enlarged photos will be presented to ensure the striping after sealcoat is put in per existing layout as described in the bid documents. It is anticipated that lodging and travel as well as suitable safety procedures regarding the scope and excessive heat while working will be discussed at length as well as ensuring documentation. PaveWest will have LINDA YOUNG, dispatcher, and PAULINE DUVAL, project manager, perform daily monitoring and following the progress of project, which includes ensuring all materials, lodging, labor, fuel, etc. is available for our crews. The total duration for the Asphalt Repairs, Seal Coat, Crack fill, and Restripe at Various Sites will vary in length of time. 376 RFP No.: MPL00002 - Project No.: MPL00002 Project Title: On -Call Parking Lot Maintenance Program ITEM SCOPE APPROX. QTY UNIT COST 1 Remove & replace asphalt up to 4" thick 1-1,000 SF $ 5.40 2 Remove & replace asphalt up to 4" thick 1,001-5,000 SF $ 5.30 3 Remove & replace asphalt up to 4" thick 5,001-10,000 SF $ 5.05 4 Remove & replace asphalt up to 4" thick 10,0001 + SF $ 4.78 5 Each additional inch of thickness of asphalt to R&R EA SF $ 0.93 6 Mill & overlay asphalt up to 2" thick 1-1,000 SF $ 3.65 7 Mill & overlay asphalt up to 2" thick 1,001-5,000 SF $ 3.45 8 Mill & overlay asphalt up to 2" thick 5,001-10,000 SF $ 3.20 9 Mill & overlay asphalt up to 2" thick 10,0001 + SF $ 2.95 10 Overlay asphalt up to 2" (No Mill) 1-1,000 SF $ 3.20 11 Overlay asphalt up to 2" (No Mill) 1,001-5,000 SF $ 3.00 12 Overlay asphalt up to 2" (No Mill) 5,001-10,000 SF $ 2.80 13 Overlay asphalt up to 2" (No Mill) 10,0001 + SF $ 2.65 14 Install up to 4" of base (includes removal) 1-1,000 SF $ 2.60 15 Install up to 4" of base (includes removal) 1,001-5,000 SF $ 2.05 16 Install up to 4" of base (includes removal) 5,001-10,000 SF $ 1.80 17 Install up to 4" of base (includes removal) 10,0001 + SF $ 1.60 18 Manhold Adjustment (Single Adjust) 1 EA $ 1,800.00 19 Water Valve Adjustment (Single Adjust) 1 EA $ 600.00 20 Hot Crackseal Material 1-1,000 SF $ 2.20 21 Hot Crackseal Material 1,001-5,000 SF $ 1.80 22 Hot Crackseal Material 5,001-10,000 SF $ 1.60 23 Hot Crackseal Material 10,0001 + SF $ 1.45 24 Cold Crackseal Material 1-1,000 SF $ 2.20 25 Cold Crackseal Material 1,001-5,000 SF $ 1.80 26 Cold Crackseal Material 5,001-10,000 SF $ 1.60 27 Cold Crackseal Material 10,0001 + SF $ 1.45 28 Seal coat (1 coat) 1-1,000 SF j $ 0.48 29 Seal coat (1 coat) 1,001-5,000 SF $ 0.44 30 Seal coat (1 coat) 5,001-10,000 SF $ 0.36 31 Seal coat (1 coat) 10,0001 + SF $ 0.21 32 Seal coat (2 coat) 1-1,000 SF $ 0.53 33 Seal coat (2 coat) 1,001-5,000 SF $ 0.49 34 Seal coat (2 coat) 5,001-10,000 SF $ 0.41 35 Seal coat (2 coat) 10,0001 + SF $ 0.26 36 Remove & replace 2"x4" redwood headerboard 1 LF $ 20.00 37 Place new speed bump/speedhump 1 EA $ 1,800.00 38 Asphalt Minimum Move Charge 1 EA $ 3,900.00 39 Crackseal/Seal/Striping Minimum Move Charge 1 EA $ 2,900.00 40 Striping - Single Parking Stall 1 EA $ 12.00 41 IStriping - Double Parking Stall (Square End) 1 EA $ 18.00 377 42 Striping - Double Parking Stall (Round End) 1 EA $ 18.00 43 Striping- Handicap Parking Stall 1 EA $ 42.00 44 Striping -4""STOP" stencil with restraining bar 1 EA $ 60.00 45 Striping - 8"'STOP" stencil with restraining bar 1 EA $ 60.00 46 Striping - Painted Curb 1 LF $ 0.96 47 Striping - Replace 4' Wheelstop 1 EA $ 54.00 48 Striping - Replace 6' Wheelstop 1 EA $ 102.00 49 Striping - Speedbump / Speedbump 1 EA $ 150.00 50 Striping - Path of Travel 1 SF $ 0.72 51 Striping - Double Yellow Line (4") 1 LF $ 0.72 52 Striping- Raised Pavement Markers 1 EA $ 18.00 53 Striping - Arrow 1 EA $ 30.00 54 Striping - 4" wide Line 1 LF $ 0.36 55 Striping - 6" wide Line 1 LF $ 0.50 56 Striping - 8" wide Line 1 LF $ 0.65 57 Striping - 12" wide Line 1 LF $ 1.00 58 Striping - New "STOP" sign (no post) 1 EA $ 120.00 59 Striping - New "STOP" sign (with new post) 1 EA $ 300.00 60 Striping - New handicap sign (no post) 1 EA $ 120.00 61 IStriping - New handicap sign (with new post) 1 EA $ 300.00 62 Striping - Core drill concrete or asphalt for new post 1 EA $ 210.00 Equipment: 63 Backhoe with Breaker & All Attachments 1 HR $ 380.00 64 Super Ten Dump Truck with Drop Axel 1 HR $ 155.00 65 3-5 Tons Roller 1 HR $ 45.00 66 5-8 Tons Roller 1 HR $ 55.00 67 8-10 Tons Roller 1 HR $ 78.00 68 10-12Tons Roller 1 HR $ 80.00 69 4 Wheel Drive Skip Loader 1 HR $ 260.00 70 Skid Steer with Grinder, Broom Bucket & Hammer 1 HR $ 390.00 71 Water Truck 1 HR $ 155.00 72 8'-16' Paver Rubber Track 1 HR $ 290.00 73 10'x 20' Rubber Tires 1 HR $ 385.00 74 4' Milling Machine 1 HR $ 390.00 75 5' Milling Machine 1 HR $ 410.00 76 Hydro Vac - Ditch Witch 500 Gallon with wash system 1 HR $ 585.00 77 Lowbed Services 1 HR $ 158.00 78 Kick Broom 1 HR $ 260.00 79 125 Metter 1 HR $ 180.00 80 250 Metter 1 HR $ 190.00 81 250 Gallon Mastic Machine 1 HR $ 210.00 82 Arrow Board 1 HR $ 50.00 83 Traffic Control 1 HR $ 68.00 84 Crew Truck 1 HR $ 45.00 378 Labor: 85 Foreman 1 HR $ 135.00 86 Laborer 1 HR $ 115.00 87 Operator 1 HR $ 135.00 Material: 88 Asphalt 1 TN $ 103.00 89 Aggregate Base 1 TN $ 19.00 90 Seal Coat 1 Gal $ 2.45 379 M CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Chris Gerry, Senior Project Manager REQUEST: RESOLUTION APPROVING ADMINISTRATIVE POLICY REGARDING THE USE OF OTHER POWER -DRIVEN MOBILITY DEVICES RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ADMINISTRATIVE POLICY REGARDING THE USE OF OTHER POWER -DRIVEN MOBILITY DEVICES." BACKGROUND/ANALYSIS : The City of Palm Desert (City) consistently attempts to accommodate individuals that use wheelchairs and manually powered mobility aids. The City also makes reasonable accommodations for the use of other power -driven mobility devices (OPDMDs) in pedestrian areas. This staff report presents Administrative Policy ADA-001, which outlines the use of OPDMDs by individuals with mobility disabilities in Palm Desert. The policy outlines the use of mobility devices by individuals with disabilities, as long as these devices do not pose significant safety risks or fundamentally alter City services, programs, and activities. It includes definitions for wheelchairs, manually powered mobility aids, OPDMDs, and credible assurance. The policy ensures the safe use of OPDMDs on City pathways, trails, and facilities without harming the environment or other users. Finally, the policy outlines authorized types of OPDMDs, safety requirements, and modification requests. The administrative policy reinforces the City's commitment to accessibility and inclusion; therefore, staff recommends the City Council adopt the resolution and approve the policy. Legal Review: This report has been reviewed by the City Attorney's Office. FINANCIAL IMPACT: There is no financial impact with adoption of the resolution and approval of the policy. ATTACHMENTS: 1. Resolution a. Exhibit A, Administrative Policy (ADA-002) Page 1 of 1 382 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ADMINISTRATIVE POLICY REGARDING THE USE OF OTHER POWER -DRIVEN MOBILITY DEVICES WHEREAS, the City adheres to the Americans with Disabilities Act (ADA) by ensuring equitable access for individuals with disabilities; and WHEREAS, the City is responsible to appropriately support individuals with disabilities that use power -driven mobility devices; and WHEREAS, the City desires to formalize its policy for power -driven mobility devices; and WHEREAS, the City Council has been presented with a policy in the form attached to this Resolution as "Administrative Policy ADA-001" and by this reference incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to establish and periodically review and update Administrative Policy ADA-001. SECTION 3. The attached Administrative Policy ADA-001 shall be added to the City's Administrative Procedures. ADOPTED ON AUGUST 22, 2024. KARINA QUINTANILLA MAYOR /_�11111111111MMM ANTHONY J. MEJIA CITY CLERK Resolution No. 2024- Page 2 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 M CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject: Other Power -Driven Mobility Devices Policy #: ADA-001 Council Approval: August 22, 2024 1. INTRODUCTION On September 15, 2010, the United States Department of Justice amended the regulations governing nondiscrimination on the basis of disability in state and local government services, effective March 15, 2011. According to 28 CFR § 35.137, this regulation requires public entities to permit use of wheelchairs and other manually powered mobility aids by individuals with mobility disabilities. It also mandates reasonable modifications to policies to allow the use of other power -driven mobility devices (OPDMDs) by individuals with mobility disabilities in areas open to pedestrian use. In accordance with the Americans with Disabilities Amendments Act and subsequent regulations, it is the policy of City of Palm Desert that mobility devices used by individuals with disabilities are generally permitted in all facilities and programs. The City of Palm Desert will make reasonable modifications to allow individuals with mobility disabilities to use OPDMDs at City events and in City facilities, provided that the operation of these devices does not pose significant safety risks. This includes adhering to safe speed limits and being cautious around pedestrians. Additionally, the use of these devices must not fundamentally alter the nature of the services, programs, and activities provided by the City. 2. DEFINITIONS a) Wheelchair refers to a manually operated or power -driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or both indoor and outdoor locomotion as defined in 28 CFR § 35.104. b) Manually Powered Mobility Aids refers to walkers, crutches, canes, braces, or similar device designed for use by individuals with mobility impairments. c) Other Power -Driven Mobility Device (OPDMD) refers to any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities. These devices are used by individuals with mobility disabilities for locomotion and include golf cars, electronic personal assistance mobility devices (EPAMDs) such as the Segway Personal Transporter or an electric -assisted bicycle, or any mobility device designed to operate in areas without defined pedestrian routes. This definition excludes wheelchair as defined in 28 CFR § 35.104. d) Credible Assurance means a valid state -issued disability parking placard or card, or state - issued proof of disability, presented by the person to whom it was issued and compliant with the state's requirements for disability placards or cards, as defined in 28 CFR § 35.137. Additionally, a verbal statement indicating that the device is being used due to a mobility disability, provided it does not contradict observable facts, also constitutes credible assurance. Page 1 of 4 385 Other Power -Driven Mobility Devices Policy ADA-001 3. PURPOSE The purpose of this guideline is to address the use of OPDMDs by individuals with mobility disabilities on pathways or trails (paved or unpaved) located in the following areas: a. Properties/facilities owned and/or operated by City of Palm Desert (City). b. Properties and facilities managed by the City under a lease, easement, or use agreement. c. City events. 4. ELIGIBILITY Manually Powered Mobility Aids refers to walkers, crutches, canes, braces, or similar device designed for use by individuals with mobility impairments. The operator or passenger of an OPDMD must be an individual with a mobility disability. Upon request from a staff member, usher, or employee, the individual must provide credible assurance that the OPDMD is required due to the individual's mobility disability. City staff, ushers, or employees will not inquire about the nature or extent of an individual's disability. Credible assurance may be provided by either of the following: a. A valid state -issued disability parking placard or card, or other state -issued proof of disability; or b. A verbal representation, not contradicted by observable fact, that the OPDMD is being used for a mobility disability. 5. ASSESSMENT FACTORS Any OPDMD operated on City -owned and operated properties or facilities, as well as properties managed under a lease, easement, or use agreement, or at City events, must meet the following assessment factors. These factors are used to determine whether a particular OPDMD is allowed be allowed in a specific area as a reasonable accommodation: a. The type, size, weight, dimensions, and speed of the OPDMD; b. The area's volume of pedestrian traffic; c. The area's design and operational characteristics; d. Whether legitimate safety requirements can be established to permit the safe operation of the OPDMD in the specific area; and e. Whether the use of the OPDMD creates a substantial risk of serious harm to the immediate environment, natural or cultural resources, or the safety of occupants and visitors. 6. REQUIREMENTS a. To ensure the safety of all individuals using City pathways, trails (paved or unpaved), properties, and facilities, OPDMDs must not exceed a typical walking speed of three (3) mph when operated in these areas or at outdoor events. b. The OPDMD shall not be operated in an unsafe manner or cause damage to City property. The OPDMD operator assumes all risks associated with operating the OPDMD on City property. City does not represent that City -owned properties are safe for use by an OPDMD and does not assume any liability for operation of the OPDMD. Certain risks are inherent in the use of OPDMDs on City -owned properties. c. An OPDMD must be capable of being turned around safely within the trail or pathway tread. d. OPDMD operators are prohibited from the using any substance that could impair their judgment or mobility, including but not limited to alcohol, prescription medications, or illegal narcotics. e. The OPDMD operator or passenger is responsible for ensuring the OPDMD functions properly according to the manufacturer's instructions. The operator is also responsible for adhering to the manufacturer's operating and protective equipment requirements. f. Operators of permitted OPDMDs must yield the right-of-way to persons on foot, horseback, or using non -motorized devices (e.g., bicycles) and must announce their presence before passing another trail or pathway user. Page 2 of 4 386 Other Power -Driven Mobility Devices Policy ADA-001 g. An OPDMD must be capable of safely navigating trail and pathway features and obstructions such as steps, vertical displacements, ponded water, loose gravel, and rocks. The characteristics of certain types of OPDMDs may impact other pathway or trail users, depending on the volume of traffic and the operational characteristics of the pathway or trail. These pathways or trails typically accommodate high -capacity, two-way traffic, where width and speed restrictions must allow for the safe passing of OPDMDs, bicycles, equestrians, and pedestrians. h. City Golf Courses: Persons with mobility disabilities must use an accessible cart, wheelchairs, or other manually powered mobility aids if the device is to be used for the purpose of golf recreation. Golf course paths are located in recreational settings that are not appropriate for other trail devices, such as bicycles, horses, or OPDMDs not suited for golfing use 7. LIMITATIONS a. Wheelchairs and any OPDMDs are not permitted on escalators in City facilities. b. The City shall not provide battery charging or emergency retrieval services for OPDMDs. c. The City shall not transport OPDMDs to or from City property. d. The City shall not store any privately -owned OPDMDs. e. The City reserves the right to restrict OPDMD use during special events or during times of heavy traffic on City pathways or trails if such limitations are deemed necessary, in the opinion of the City, to protect the public health, safety, and welfare of patrons. f. The weight of an OPDMD may not be supported on certain pedestrian routes or undeveloped areas due to natural features. This could pose a serious danger to the OPDMD operator or other persons on City property or facilities. 8. PROHIBITED DEVICES The following devices are prohibited on City pathways, trails (paved or unpaved), and in properties and facilities: a. Gas or combustible fuel -powered devices are prohibited because: (1) fuel leaks and/or sparks may result in pollution or fires on the largely forested and/or grassy City pathways, trails, and properties/facilities; and (2) exhaust and noise emissions from the devices can disturb or damage natural or cultural resources of the City's pathways, trails, and properties/facilities, as well as disrupt the outdoor experience for other park patrons, building occupants, and visitors. These devices may only be used by City staff, ushers, or employees when necessary for operational and maintenance purposes. Other types of electric -powered devices, such as electric motorcycles and mopeds (except for EPAMDs and EABs), are prohibited due to the following reasons: (1) the typical high speeds at which these devices are operated; (2) the potential damage to City pathways, trails and properties surfaces caused by their tires, such as those with tractor -like, steel threads, or off -road designs; (3) some devices may only be permitted on roads or private property according to State law; and (4) OPDMDs with two or fewer wheels are prone to tipping. c. OPDMDs exceeding 36 inches in width are prohibited because: (1) many City pathways and trails are less than 8 feet wide; and (2) OPDMDs wider than 36 inches can pose a potential danger to users approaching from the opposite direction or to those attempting to pass the OPDMD from behind. Page 3 of 4 387 Other Power -Driven Mobility Devices Policy ADA-001 9. GUIDELINES AND RECOMMENDATIONS a. Due to varying conditions on City property and to ensure safety and the protection of natural resource, the City recommends that OPDMDs users contact the City at: 760-776-6450 (TTY: California Relay Service 7-1-1) to confirm whether an OPDMD is permitted on a particular trail or pathway. b. The City may modify these guidelines from time to time as it may deem necessary or as required by law. It is the user's responsibility to ensure that they are in conformance with these guidelines. c. Requests for Modifications to OPDMD Policy. The City will consider requests for reasonable accommodation from individuals with disabilities who wish to use OPDMDs that do not meet the criteria listed above and/or in an area not previously authorized for use. d. A copy of the most current OPDMD Guidelines will be available for public review upon request via the ADA/504 Coordinator. Page 4 of 4 388 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Thomas Soule, Public Affairs Manager SUBJECT: OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO ATTEND THE LAS VEGAS SOUVENIR & RESORT GIFT SHOW RECOMMENDATION: Approve out-of-state travel for the Public Affairs Manager to attend the Las Vegas Souvenir & Resort Gift Show from September 17-20, 2024. BACKGROUND/ANALYSIS: One of the most common inquiries at the Discover Palm Desert Visitor Center is where our visitors can purchase Palm Desert merchandise such as t-shirts, mugs, and ball caps. Although the Visitor Center sold such merchandise at its previous locations, this practice was discontinued due to space considerations when operations moved to City Hall nine years ago. Now that the Visitor Center has moved to the revitalized Palm Desert Library, the City once again has the opportunity to provide Palm Desert merchandise for sale. In the past, Visitor Center staff ordered this merchandise wholesale at the Las Vegas Souvenir & Resort Gift Show. Staff is requesting authorization to attend the show in September to re- establish vendor connections and order an initial inventory of goods to sell, potentially including t-shirts, caps, mugs, postcards, and magnets. The plan is to start small with an investment in unique, high -quality goods that will represent the Palm Desert brand well. Staff will monitor sales closely to ensure that the goods provided for sale meet market demand and will grow the program over time. The Visitor Center and Public Affairs team is working closely with Finance to establish an inventory control plan, a process that will provide a solid foundation for our operations. The City's purchasing policy will be followed to procure the goods to be sold, ensuring transparency and accountability. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: The Las Vegas Souvenir & Resort Gift Show is free to attend. Funds for travel costs in an amount not to exceed $1,000 are available in the Marketing budget, Conf-Seminars-Workshops Account No. 1104417-4312000. Funds for the initial purchase of merchandise are already available in the Public Affairs budget, and there is no additional impact to the General Fund. Costs of the merchandise are expected to be covered by the revenue from the sales. Page 1 of 1 i:• i•1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: APPOINTMENTS TO THE MOBILE HOME PARK RENT REVIEW BOARD RECOMMENDATION: Appoint Jann Buller, Andrew Firestine, and John Greenwood to the Mobile Home Park Rent Review Board for a one-year term, ending June 30, 2025. BACKGROUND/ANALYSIS : Pursuant to Palm Desert Municipal Code Chapter 9.50, a Mobile Home Park Rent Review Board (the Board) is responsible for receiving, investigating, hearing, and determining petitions of landlords for hardship adjustments of rent and interpretations of Chapter 9.50, Mobile Home Park Rent Review. The Board is composed of three members, with up to two alternate members, and their decisions are final. In the past 14 years, no petitions have been filed that necessitated convening the Board. On July 10, 2024, the City received a "Petition for Interpretation Application" requesting the City Attorney's interpretation of Chapter 9.50. In consultation with the City Attorney, it may be necessary to convene the Board for interpretation and determination. Currently, the Board is vacant. Due to the potential urgency and limited scope of the Board, staff reached out to the City Council Ad Hoc Committee on Boards and Commissions, consisting of Councilmember Kelly and Mayor Pro Tern Harnik, who expressed support for a proposal to waive interviews and appoint two members of the Housing Commission and one member of the Planning Commission for shortened terms through June 30, 2025. If there are delays in considering the petition, the City Council may be requested to extend the terms of appointment. City staff reached out to several members to solicit volunteers to serve on the Board. Jann Buller and Andrew Firestine, of the Housing Commission, and John Greenwood, of the Planning Commission, agreed to serve if appointed. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: There is no financial impact associated with this action. Page 1 of 1 391 392 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Daniel Hurtado, Public Safety Analyst SUBJECT: RESOLUTION DESIGNATING AUTHORIZED AGENTS FOR APPLYING FOR THE YOUTH COMMUNITY ACCESS GRANT RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, AND CITY TREASURER AS AUTHORIZED AGENTS APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH COMMUNITY ACCESS GRANT PROGRAM." BACKGROUND/ANALYSIS: On November 8, 2016, California voters approved the Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64), which legalized recreational cannabis use for adults over 21 and imposed new excise taxes on its cultivation and retail sales. Proposition 64 established the Youth Education, Prevention, Early Intervention, and Treatment Account (YEPEITA), into which 60% of the tax revenue from marijuana sales is deposited by the State Controller. These funds are designated for youth programs that focus on education about substance use disorders, prevention, early intervention, and the provision of timely treatment services for youth, their families, and caregivers. YEPEITA funds allocated to the California Natural Resources Agency (the State) are intended for competitive grants aimed at enhancing youth access to natural and cultural resources, particularly in low-income and disadvantaged communities. These grants can cover a range of initiatives, including community education and recreational facilities, designed to promote substance use prevention and early intervention among youth. To fulfill this objective, the State established the Youth Community Access Grant Program. This program provides competitive grants to communities disproportionately impacted by historical federal and state drug policies, commonly referred to as the "War on Drugs," as well as other underserved areas. The purpose of this funding is to cover the costs of the YMCA Nature Play Project, aimed at transforming the outdoor learning environment at the Jean Benson Early Childhood Education Center, located within the Desert Rose affordable housing development in Palm Desert. The current space would be enhanced with natural materials that support curriculum promoting active learning across various developmental domains, including social, gross motor, sensory integration skills, and dual language learning. Use of natural materials and plants native to the desert, which are sustainable in our unique climate, will provide a rich context for daily exploration and endless learning opportunities for the children in attendance. Utilizing the environment as the "third teacher" is fundamental to early care and education, as it fosters a love for the earth, nature, and lifelong learning in our youngest residents. Page 1 of 2 393 City of Palm Desert Resolution for the Youth Communitv Access Grant The California Natural Resources Agency's procedures requires a resolution from the applicant's governing board, certifying approval of the application, to be obtained before submission. The City of Palm Desert will act as the lead applicant in partnership with The Family YMCA. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: There is no direct financial impact associated with this action. Designating authorized agents could have a favorable financial impact by enabling the City to pursue and secure funding opportunities. ATTACHMENT: 1. Draft Resolution Page 2of2 M RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH COMMUNITY ACCESS GRANT PROGRAM WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant's governing board before submission of said application(s) to the State; and WHEREAS, the City of Palm Desert, if selected, will enter into an agreement with the State of California to carry out the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that it: SECTION 1. Approves the filing of an application for the YMCA Nature Play Project. SECTION 2. Certifies that Applicant understands the assurances and certification in the application package. SECTION 3. Certifies that Applicant or title holder will have enough funds to operate and maintain the project consistent with the grant guideline requirements or will secure the resources to do so. SECTION 4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code. SECTION 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and disabled access laws, and that prior to commencement of construction, all applicable permits will have been obtained. SECTION 6. Appoints the City Manager, Assistant City Manager, City Treasurer, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). 395 Resolution No. 2024- Page 2 ADOPTED ON .20 KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 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 , 20_ ANTHONY J. MEJIA CITY CLERK g CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Nick Melloni, AICP, Principal Planner SUBJECT: ORDINANCE NO. 1416 TO AMEND MULTIPLE SECTIONS OF TITLE 25 OF THE PALM DESERT MUNICIPAL CODE AND FINDING THE ACTION EXEMPT PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Adopt Ordinance No. 1416 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT FOR SECTIONS 25.16.030, 25.18.040, 25.28.070, 25.34.120, 25.68.020, AND 25.99.020 OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)." BACKGROUND/ANALYSIS : On June 27, 2024, the City Council voted unanimously to introduce Ordinance No. 1416 for the first reading. The City Council passed the ordinance to second reading with modifications to the Planning Commission's recommendation, which removed all allowances for "Cannabis Microbusinesses." Per California Government Code Section 65857, the modified ordinance required the Planning Commission to consider the modifications for recommendation. On July 16, 2024, the Planning Commission adopted Planning Commission Resolution No. 2876, recommending approval of the modification in accordance with state law. This report provides for the City Council to waive further reading and adopt the Ordinance. The ordinance shall be effective 30 days from adoption. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENT: 1. Ordinance No. 1416 Page 1 of 1 397 i•: ORDINANCE 1416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A ZONING ORDINANCE AMENDMENT FOR SECTIONS 25.16.030, 25.18.040, 25.28.070, 25.34.120, 25.68.020, AND 25.99.020 OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)." CASE NO. ZOA 24-0002 WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Palm Desert ("City") zoning laws, ordinances, rules and regulations; and WHEREAS, the Zoning Ordinance Amendment (ZOA) is initiated by the Palm Desert Director of Community Development and modifies sections of the Palm Desert Municipal Code (PDMC) Title 25 (Zoning) to correct typos, to change and update land uses and definitions; and WHEREAS, the City has complied with the requirements of the Local Planning and Zoning Law (Government Code section 65100 et seq.), and the City's applicable ordinances and resolutions with respect to approval of amendments to Title 25 of the Palm Desert Municipal Code ("Zoning Ordinance"); and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review is necessary at this time; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on June 4, 2024, hold a duly noticed public hearing to consider the project and unanimously voted to adopt Planning Commission Resolution No. 2871 recommending the City Council approve the ordinance amendment as presented; and WHEREAS, the City Council of the City of Palm Desert, California, did on June 27, 2024, hold a duly noticed public hearing to consider the recommendation of Planning M Ordinance No. 1416 Page 2 Commission Resolution No. 2871 with modifications which affected Sections 25.16.030 and 25.34.120 of the above noted requests; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on July 16, 2024, adopt Resolution No. 2876 recommending approval of the modifications to Sections 25.16.030 and 25.34.120 in accordance with California Government Code Section 65857; and WHEREAS, at the said public hearing of June 27, 2024, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council hereby finds that: A. The City of Palm Desert, California ("City"), a municipal corporation duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The City Council of the City of Palm Desert does hereby approve and adopt the PDMC amendments to Title 25 as shown in "Exhibit A", which is attached hereto and incorporated herewith. SECTION 3. CEQA. The City Council finds that adoption of this ordinance is not a "project," as defined in the California Environmental Quality Act (CEQA) because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 5. Project Approval. The City Council approval of Case No. ZOA24-0002 as depicted in Exhibit A, attached hereto; and M Ordinance No. 1416 Page 3 SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.to the Commission shall attest and certify to the passage and adoption thereof. ADOPTED ON June 27, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Ordinance No. 1416 is a full, true, and correct copy, and was introduced at a regular meeting of the City Council of the City of Palm Desert on June 27, 2024, and adopted at a regular meeting of the City Council held on July , 2024, 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 401 Ordinance No. 1416 Page 4 W WN:11 3 111 r_1% ZONING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.16.030 is hereby amended as follows: 25.16.030 Allowed Land Uses and Permit Requirements Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The "Special Use Provisions" column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this title. Use regulations in the table are shown with representative symbols by use classification listing: "P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an administrative use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 SI Special Use Provisions Residential Uses Caretaker housing N N N N N P 25.16.040.A Condominium C C C N C C 25.16.040.E / 25.42 Dwelling, duplex C C C C C C 25.16.040.13 Dwelling, multifamily C C C C C C 25.16.040.E / 25.42 Dwelling, single-family C C C N C C 25.16.040.E Group home C C N N C C 25.16.040.E / 25.42 Single -room occupancies N N N N N C Homeless shelter N N N N N P Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoors N N C C C N Amusement facility, outdoors N N N C C N Community facility N N N N N P 402 Ordinance No. 1416 Page 5 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 sl Special Use Provisions Day care center N A A A A N Emergency shelters N P N N N P Entertainment facility, indoor N N N P P N Entertainment facility, outdoor N N N P P N Institution, educational C C C N N C Institution, general C N C N N C Institution, religious C N C N N C Open space (developed or natural) N P P N P N Recreation facility, commercial N N P P P N Recreation facility, private N N N P P N Theater/auditorium N N P P N N Utility, Transportation, Public Facility, and Communication Uses Commercial communication tower C C C C C C 25.16.040.0 Commercial parking lot C N N N N N Public utility installation N N N N N P Public facility (utility or service) N N N N N P Utility facility N N C N N P Retail, Service, and Office Uses Accessory massage establishment P N P P P N 25.34.160 Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E Art gallery A P P P P C Art studio A P P P P C Bed and breakfast N I A I A I A A N Business support services N I N I N I N P P Cannabis Storefront retail N I C I C I C C N 25.34.120 Cannabis testing and research laboratory N I N I N I N N N 25.34.120 Convention and visitors bureau N N P N P N Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health club, gyms or studios N A P P P A Hotel N A A A P N 25.34.070 Independent stand-alone massage N N P P N N 25.34.160 Liquor store N P I P P N N Liquor, beverage and food items shop N P I P P P N Medical, clinic P N I P P N N Medical, office P P I P P N N Medical, hospital N N I N N N C Medical, laboratory P N N N N P Medical office, accessory N N N N N P 25.16.040.G Medical, research facility P P N N N C Mortuary N N N N N P Office, professional P N P P P P Office, local government P N N N N P Office, travel agency P P P P P N Outdoor sales N N A A A A 403 Ordinance No. 1416 Page 6 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC-2 PC-3 PC-4 SI Special Use Provisions Personal services N P P P I P N Restaurant A A A A P A 25.16.040.E / H Retail N P P P P N Retail, bulky items N N N P P N Spa N N P P P N Time-share project N N N C C N Veterinary clinics/animal hospitals A N A A N A Pet boarding N A A A N A Automobile and Vehicle Uses Automotive rental agency N N N N P P Automotive gasoline station N N C C N C 25.34.090 Automotive service facility N N C C N P 25.34.090 Automotive sales new and used (indoor) N N N N N A Automotive sales new and used (outdoor) N N N N N C Automotive sales of accessory parts and supplies N N N P P N Vehicle storage facility N N N N N P 25.16.040.1 Industrial, Manufacturing, and Processing Uses Cannabis cultivation N N N N N N 25.34.120 Cannabis delivery N N N N N N 25.34.120 Cannabis distribution N N N N N N 25.34.120 Cannabis manufacturing N N N N N N 25.34.120 Industrial planned unit development N N N N N P Light industrial and research and development N N N N N P Maintenance facility N N N N N P Pest control facility N N N N N P Preparation of foodstuffs N N N N N P Production of home and office decor accessories N N N N N P Warehouse or storage facility N N N N N P Temporary Uses See Section 25.34.080 1 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic, or other impacts. SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.18.040 is hereby amended as follows: 25.18.040 Land Use and Permit Requirements M Ordinance No. 1416 Page 7 Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the downtown districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS P = use permitted by right A = use requires administrative use permit C = use requires approval of conditional use permit N = use not permitted Land Use Residential Uses Zone Special Use Provisions D D-O DE DE-0 Accessory dwelling unit P P P P 25.34.030 Assisted Living N N N C Condominium C C' C C 25.16.040.13 Dwelling, duplex C' C' C P 25.16.040.13 Dwelling, multifamily C' C' C P 25.16.040.13 Dwelling, single-family C' C' C N 25.16.040.13 Group home C' C' C N 25.16.040.13 Junior accessory dwelling unit P P P P 25.34.030 Home -based business P4 P4 P4 P4 25.34.020 Agriculture -Related Uses Garden, private C ' C ' N P Greenhouse, private N N C P Horticulture, private N N C P Recreation, Resources Preservation, Open Space, and Public Assembly Uses Club, private N N IN C Day care center C I C I N N Day care, large family N N N P 25.10.040.F Day care, small family N N N P Institution, educational N N C C Institution, general N N C C 405 Ordinance No. 1416 '� Zone Land Use D D-O DE DE-0 Institution, religious N N C C Special Use Provisions Mechanical or electronic games, <_ 4 P 1 P 1 P N Mechanical or electronic games, >_ 5 C 1,2 C 1,2 C N Recreational facility, incidental N N N C 25.10.040.H Recreation facility, private N N N P Recreation facility, public N N N C Retail, Service, and Office Uses Accessory massage establishments P P P N 25.34.160 Ancillary commercial N N A N 25.16.040.E Animal Clinic C1,6 C1,6 C1,6 N 25.34.210 Art gallery P P P A Art studio P 1 P 1 A A Book and card shops P P N N Bed and breakfast N N C C Cannabis Storefront retail C N C N 25.34.120 Cannabis testing and research laboratory N N N N 25.34.120 Clothing and apparel shops P P P N Convention and visitor's bureau P 1 P 1 C N Drugstore P 1 P 1 N N Financial institution P 1 P 1 C N Furniture stores and home furnishings P P P N Gift and accessories boutiques (including small antiques) P P P N Grocery store < 35,000 SF C 1 C 1 N N Health club, gyms or studios C 1 2 C 1 2 C N Hotel C C C C Independent stand-alone massage establishments P 1 P 1 C N 25.34.160 Jewelry shops P P P N Liquor store P 1 P 1 N N Liquor, beverage, and food items shop P 1 P 1 N N Luggage shops P P P N Medical, clinic P 1 P 1 P N Medical, office P 1 P 1 P A5 Medical, hospital P 1 P 1 C C Medical, laboratory N N P N Mortuary C 1 C 1 N N Office, professional P 3 1 P 3 1p JE3 25.28.040.0 M Ordinance No. 1416 Zone Land Use D D-O DE DE-0 Office, local government P ' P ' P N Special Use Provisions Office, neighborhood government N N N C Office, travel agency P 3 P 3 P N 25.10.040.K Outdoor sales A' A' A N Personal services P P P N Restaurant C 2 C 2 C' N 25.16.040. H Retail P P P N Retail, bulky items P P' C N Retail, Golf carts and neighborhood electric vehicles (NEV) C N C N 25.34.190 Spa P P P C Sundries shops (general merchandise) P P P N Time-share project C' C' N N Utility, Transportation, Public Facility, and Communication Uses Fire station C C C C Commercial communication tower C C C Commercial parking lot P IP C IC 25.10.040.1 Office parking lot N N N C 25.10.040.E Public service facility N N N C Utility facility N N N C Utility installation C C N N Automobile and Vehicle Uses Automotive rental agency IP P C N Automotive service station IC IC N N Temporary Uses ISee Section 25.34.080 1 Uses prohibited along El Paseo facing ground floor frontages. 2 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on parking, traffic, or other impacts. 3 Office professional uses along El Paseo facing ground floor frontages within the El Paseo Overlay District may be allowed subject to a Conditional Use Permit per Section 25.28.040 El Paseo Overlay District. 4 Home Occupation Uses are permitted in residential dwelling units in approved residential and mixed -use developments. 407 Ordinance No. 1416 Page 10 5. Medical Offices existing and operating with an appropriate City business license prior to 2023 are permitted by right to continue operating without requiring an Administrative Use Permit. 6. Use only permitted on properties with frontage along Highway 111. SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.28.070 is hereby amended as follows: 25.28.070 Freeway Commercial Overlay Zone A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ, the project must utilize FCOZ standards. B. Conditional uses. Uses permitted by approved conditional use permit shall be as follows: 1. Restaurants, general, including drive -through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of 2 or more of the above uses. 6. Hotel. 7. Commercial recreation and amusement establishments. 8. Personal storage. 9. Outdoor recreational vehicle and boat storage. 10. Automotive Sales New and Uses (Outdoor). Automotive Sales New and Used (Indoor) may be permitted by administrative use permit in accordance with Chapter 25.64. M Ordinance No. 1416 Page 11 C. Development standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the Commission prior to any construction activity. The master plan approval is subject to the following: 1. Development of individual projects within the approved master plan shall be processed through the precise plan process. 2. Property to be master planned shall be at least 5 acres in size and shall have frontage on a designated arterial street. 3. Drive -up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 4. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 5. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). D. Required on -site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations). F. Landscaping. All master planned projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. (Ord. 1324 § 7, 2017; Ord. 1303 § 5, 2016; Ord. 1302 § 4, 2016; Ord. 1259 § 1, 2013) SECTION 4: Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.34.120 is hereby amended as follows: 25.34.120. Cannabis Business and Personal Cultivation. A. Purpose and intent. It is the purpose and intent of this section to regulate the commercial cultivation, manufacturing, testing and research, distribution, delivery, retail sale and personal cultivation, of medicinal cannabis and non -medicinal adult- use cannabis within the City of Palm Desert. This section is prepared in accordance with the Compassionate Use Act of 1996 ("CUA"), the Medical Marijuana Program Act ("MMP"), M Ordinance No. 1416 Page 12 and the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA") (collectively, "state law"), which give local jurisdictions the authority to establish land use regulations related to the personal and commercial uses of cannabis. Nothing in this chapter shall be construed to: (1) permit persons to engage in conduct that endangers others or causes a public nuisance; (2) permit the use or cultivation of cannabis beyond the limits established in state law related to cannabis; or (3) permit any activity relating to the cultivation, processing, sale, or distribution of cannabis that is illegal under state law, generally. Nothing in this chapter shall be construed to prohibit primary caregivers and qualified patients to lawfully act under state law. B. Definitions. For the purpose of this chapter, the following definitions shall apply: "Applicant" means an owner that applies for a conditional use permit under this chapter. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code. "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "City" means the City of Palm Desert. "Commercial cannabis business" means any business which engages in the medicinal or adult -use commercial cannabis activity authorized by this Chapter. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Daycare center" means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school -age child care centers. 410 Ordinance No. 1416 13 Page "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities permitted or licensed by the City and/or State of California. "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems. "Licensee" means the holder of any state issued license related to Commercial Cannabis Businesses, including, but not limited to, licenses issued under Division 10 of the California Business and Professions Code. "Owner" means any of the following: (1) a person with an aggregate ownership interest of 20 percent or more in the person applying for the permit, unless such interest is solely a security, lien, or encumbrance; (2) the chief executive officer of a nonprofit or other entity; (3) a member of the board of directors of a nonprofit; or (4) an individual who will be participating in the direction, control, or management of the person applying for the permit. "Non -Storefront retailer" is a business that is closed to the public and provides cannabis or cannabis product to customers solely by means of a delivery service which the retailer owns and controls. "Permittee" means any person granted a conditional use permit under this chapter. "Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. "Private residence" means a house, an apartment unit, mobile home, or other similar dwelling unit. "Storefront Retail cannabis business" or "storefront retailer" or "Cannabis Storefront retail " means a business that sells cannabis or cannabis products to customers. Storefront retailers may also deliver cannabis or cannabis products to customers. "Sell," sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and 411 Ordinance No. 1416 14 Page soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a permittee or licensee to the permittee or licensee from whom such cannabis or cannabis product was purchased. "State license" means a state license issued under Division 10 of the California Business and Professions Code. "Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. C. Conditional use permit required. 1. The City may authorize a total of 6 conditional use permits for retail cannabis businesses to operate in the City of Palm Desert. No more than 1 retail cannabis business may locate on El Paseo, which must be located east of Larkspur Lane. If applications are submitted for a greater number of conditional use permits than are permitted by this section, selection among the applicants shall be made by a process, and subject to criteria, established by City Council resolution. Conditional use permits for all other commercial cannabis businesses shall be issued in accordance with the zoning and separation requirements established in this section. Prior to initiating operations and as a continuing requisite to operating a commercial cannabis business in the City, an applicant must obtain and maintain a valid conditional use permit, regulatory permit as required under Chapter 5.101, and a state license for each commercial cannabis business use authorized under the conditional use permit. Unless otherwise stated in this section, the provisions found in Section 25.72.050 Conditional Use Permit, shall apply. 2. Building permits for improvements associated with a commercial cannabis business may be issued once an applicant has obtained a conditional use permit and regulatory permit; however, a certificate of occupancy to operate will not be issued until said commercial cannabis business has obtained and provided proof of a state license for each commercial cannabis business use authorized under the conditional use permit. 3. Changes in state license type, business owner, or operation will require an amendment to the approved conditional use permit. 4. A cannabis delivery service business with a physical address outside the City is not required to obtain a conditional use permit under this chapter, but is required to obtain a City business license. 412 Ordinance No. 1416 15 Page 5. This section does not apply to cannabis possession or use, as allowed by state law. Regulations regarding personal use can be found in Chapter 8.38. D. Permitted locations and standards. 1. Commercial cannabis businesses may operate in the City's commercial, industrial, office, and downtown zoning districts as identified in Section 25.16.030 "Allowed Land Uses and Permits Requirements" and Section 25.18.040 "Land Use and Permit Requirements" of the Palm Desert Municipal Code, with the exception of the City's Downtown Core Overlay District, upon issuance of a conditional use permit, regulatory permit, and state license. a. Storefront Retailers are conditionally permitted in the Planned Commercial ("PC") -1 District, PC-2 District, PC-3 District, PC-4 District, and Downtown (D) District. No more than 6 conditional use permits will be issued for retail cannabis businesses. No more than 3 retail cannabis businesses may locate on any single street, and no more than 1 retail cannabis business may locate on El Paseo, which must be located east of Larkspur Lane. b. Distribution businesses are conditionally permitted in conjunction with a storefront retailer and the distribution activities shall be limited to the physical location that both uses occupy. 2. Commercial cannabis businesses shall conform to the following separation requirements: a. No conditional use permit shall be issued to a storefront retailer that is located within 1,500 feet of another approved commercial cannabis business. No more than 3 cannabis retailers will be permitted to operate on a single street. b. A cannabis business within the Service Industrial zoning district shall be separated by 1,500 feet from another approved cannabis business. c. No conditional use permit will be issued for commercial cannabis business located within 1,000 feet of a school providing instruction in kindergarten or any grades 1 through 12, daycare center, or youth center that is in existence at the time the license is issued. d. All separation requirements will be measured from the outer extents of the commercial cannabis businesses lease space to the outer extents of another commercial cannabis businesses lease space, or to the property line of a school, daycare center and youth center. 413 Ordinance No. 1416 16 Page 3. Conditional use permit submittal requirements. In addition to the requirements listed in the conditional use permit, all commercial cannabis business applicants shall submit the following information: a. Exterior fagade. Renderings of the business fagade shall be provided and reviewed as part of the conditional use permit. Building fagade plans shall include renderings of the exterior building elevations for all sides of the building. All building fagades shall be tastefully done and in keeping with the high architectural quality and standards of the City of Palm Desert. Because state law limits certain advertising, the business fagade and building signs shall be compatible and complimentary to surrounding businesses and shall add visual quality to the area. E. Grounds for permit denial, suspension, and revocation. Any conditional use permit issued pursuant to the provisions of this section may be denied, suspended, or revoked by the Planning Commission upon receiving satisfactory evidence that the applicant or permittee or owner, its agent(s), employee(s), or any person connected or associated with the applicant or permittee: 1. Has knowingly made false statements in the applicant's application or in any reports or other supporting documents furnished by the applicant; 2. Has failed to maintain a valid state license; 3. Has failed to comply with any applicable provision of the Palm Desert Municipal Code, including, but not limited to, this chapter, the City's building, zoning, and health and public safety regulations; 4. Has failed to comply with any condition imposed on the conditional use permit; or 5. Has allowed the existence of or created a public nuisance in violation of the Palm Desert Municipal Code. 6. No conditional use permit will be issued where commercial cannabis businesses are prohibited by covenants, conditions, and restrictions (CC&Rs) that clearly prohibit such use. For buildings located in any area governed by CC&Rs, the applicant must additionally submit a statement certifying that any applicable CC&Rs do not prohibit the use for which the applicant is seeking approval. 414 Ordinance No. 1416 Page 17 F. Personal cultivation. City residents are permitted to cultivate cannabis on private residential property for personal use and in accordance with MAUCRSA, subject to the following standards: 1. Outdoor cultivation. a. Cultivation for personal use is only permitted on private residential property developed with at least 1 residential dwelling unit. No more than 6 plants are permitted to be cultivated at a private residence. Property owners retain the ability to prohibit renters from cultivation and any renter choosing to cultivate shall first obtain written authorization from the property owner to cultivate on site. b. Outdoor cultivation is limited to rear and side yard areas and only if screened by a solid block wall no less than 6 feet in height. c. Outdoor cultivation shall not be visible from surrounding public streets or adjoining properties. As such, cannabis plants may not grow above the height of the property line walls unless screened by another approved screening method. d. Outdoor cultivation within 600 feet of a school, daycare center, or youth center is prohibited. 2. Indoor cultivation. a. Indoor cultivation must have adequate ventilation. Structural, ventilation, electrical, gas, or plumbing changes to accommodate indoor cultivation are required to obtain a building permit from the City's Building and Safety Department. b. The use of volatile solvents, as defined in Section 11362.3d of the California Business and Professions Code, including, but not limited to, butane, propane, xylene, gasoline, kerosene, and other dangerous and poisonous toxins or carcinogens, are prohibited for indoor cultivation at a private residence. G. Application fee and reimbursement agreement. At the time an applicant submits an application under this section, the applicant shall also supply an application fee in an amount to be determined by resolution by the City Council, an executed reimbursement agreement on a form provided by the City to fully reimburse the City for all costs, expenses, and fees, including, but not limited to, attorney fees and consultant fees, incurred by the City related to the commercial cannabis business, and a deposit in an amount as provided for in the reimbursement agreement terms. H. Prohibited operations. Any commercial cannabis business that does not have: (1) an approved conditional use permit; (2) a regulatory permit required under this code; and (3) a state license is expressly prohibited in all City zones and is hereby declared a public 415 Ordinance No. 1416 Page 18 nuisance that may be abated by the City and is subject to all available legal remedies, including, but not limited to, civil injunctions. I. Violations and penalties. 1. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, administrative penalties, permit suspension, and permit revocation, if applicable. 2. Violations of this chapter constitute an infraction or misdemeanor and may be enforced by any applicable law. 3. Violations of this chapter are hereby declared to be public nuisances. 4. Each person is guilty of a separate offense each day a violation is allowed to continue and every violation of this chapter shall constitute a separate offense and shall be subject to all remedies. 5. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. SECTION 5: Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.68.020 is hereby amended as follows: 25.68.020 Design Review Required A. Purpose and applicability. Design review allows for specified projects to be reviewed by the ARC to ensure that design objectives of Palm Desert as specified in the General Plan are achieved. Design review is required, as follows- 1 . Prior to permit issuance. No plan, elevation for buildings or structures, or alterations shall be approved and no permit shall be issued for any building, structure, sign, or other development of property or appurtenances or alterations thereto, except in single-family residential districts and developments subject to Objective Design Standards requirements of Chapter 25.42, without review and approval by the ARC. 2. The ARC shall review all plans submitted with applications for moving buildings within or into the City. Photographs shall be included with the application showing all elevations, the structure proposed to be moved, the proposed site, and the buildings adjacent to the proposed site. The ARC shall determine whether the building proposed to be moved will fit harmoniously into the neighborhood wherein it is to be located. It may approve, approve with conditions, or disapprove the issuance of a permit to move such building. 416 Ordinance No. 1416 19 Page 3. The ARC shall review all plans for new two-story residential dwellings and second story additions within the R-2 Zoning District as required by Table 25.10-3 (Residential Zoning District Development Standards) to ensure second stories are compatible with surrounding homes including massing, materials, and considers privacy of adjacent neighbors. The ARC design review shall include the following: a. The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights. b. Placement of windows and doors should have minimal impact to the neighboring property. C. Line of sight analysis shall be provided. d. To mitigate privacy impacts of new two-story homes and additions, tree and/or shrub planting is required. i. Applicability. These requirements shall apply to new two-story homes, two- story additions, and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents. e. Planting plan. Proposals for new two-story homes, two-story additions, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements. SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.99.020 Land Use Definitions is hereby amended with the following removals and additions to the existing section: ie Coe N. Automotive sales new and used (indoor). A commercial establishment selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, mopeds, snowmobile and jet skis. The sales of all automotives occurs only indoors within an 417 Ordinance No. 1416 Page 20 enclosed commercial building. Displays located outside of a building are not included. These uses include parts for sale and repair shops only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined. Automotive sales new and used (outdoor). A commercial establishment selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, mopeds, snowmobile and jet skis. The sales of all automotives can take place outdoors or indoors. These uses include parts for sale and repair shops only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined. CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Chris Gerry, Senior Project Manager REQUEST: RESOLUTION APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE OF SERVICE ANIMALS RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE OF SERVICE ANIMALS." BACKGROUND/ANALYSIS: The City of Palm Desert (City) adheres to the Americans with Disabilities Act (ADA) by ensuring equitable access for individuals with disabilities, including those accompanied by service animals. The City Council is requested to adopt the proposed resolution approving an administrative policy that outlines guidelines for the use of service animals in City facilities and programs. Under ADA regulations, public entities must permit service animals in public areas, even if local health codes prohibit animals. Individuals with disabilities accompanied by service animals must not face isolation, unfair treatment, or fees that do not apply to other patrons. Service animals, as defined in Title II and Title III of the ADA, are specially trained dogs that perform tasks for individuals with disabilities, such as guiding the blind or alerting the deaf. They are not pets but working animals essential to their handler's disability -related tasks. The policy also includes provisions for miniature horses that are trained to assist individuals with disabilities, requiring reasonable accommodation based on factors like training, control, and facility safety. This administrative policy aligns with federal regulations and reinforces the City's commitment to accessibility and inclusion. Therefore, staff recommends the City Council adopt the resolution and approve the policy. Legal Review: This report has been reviewed by the City Attorney's Office. FINANCIAL IMPACT: There is no direct financial impact associated with this action. ATTACHMENT: 1. Resolution 1 a. Administrative Policy (ADA-002) Page 1 of 1 419 420 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE OF SERVICE ANIMALS WHEREAS, the City of Palm Desert (City) adheres to the Americans with Disabilities Act (ADA) by ensuring equitable access for individuals with disabilities; and WHEREAS, the City is responsible for appropriately supporting individuals with disabilities who use service animals in City -owned and managed properties, facilities, and events; and WHEREAS, the City desires to formalize its policy for service animals; and WHEREAS, the City Council has been presented with a draft policy in the form attached to this Resolution as "Administrative Policy ADA-002" and by this reference incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to establish and periodically review and update Administrative Policy ADA-002. SECTION 3. The attached Administrative Policy ADA-002 shall be added to the City's Administrative Procedures. ADOPTED ON AUGUST 22, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 421 Resolution No. 2024- Page 2 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 422 - CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject Service Animals Policy No. ADA-002 Date Issued: August 22, 2024 Approved by Resolution 2024- Authored by Public Works Department Introduction In compliance with the Americans with Disabilities Act (ADA), the City of Palm Desert (City) will not discriminate against qualified individuals with disabilities on the basis of disability in its programs, services, and activities, which includes the use of service animals. Defining Service Animals A. According to Title II and Title III of the ADA, as defined by the U.S. Department of Justice, service animals are dogs that are individually trained to do work or perform tasks for people with disabilities. B. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post -Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other specific duties. C. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. D. This definition does not affect or limit the broader definition of "assistance animal" under the Fair Housing Act or the broader definition of "service animal" under the Air Carrier Access Act. Allowance Under the ADA, state and local governments, businesses, and nonprofit organizations that serve the public must generally allow service animals to accompany people with disabilities in all areas of the facility where the public is permitted. For example, in a hospital, it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms, unless the animal poses a safety issue. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal's presence may compromise a sterile environment. 423 ADA-002 Page 2 of 2 Policy for Use of Service Animals The City, in accordance with the ADA, requires that service animals be under the control of their handlers at all times. Staff and employees are not responsible for the care or supervision of an individual's service animal. The animal must be harnessed, leashed, or tethered unless the individual's disability prevents the use of these devices or if they interfere with the service animal's safe and effective performance of tasks. In such cases, the individual must maintain control of the animal through voice, signal, or other effective means. Guidelines When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) Is the dog a service animal required because of a disability? and (2) What work or task has the dog been trained to perform? Staff cannot ask about the person's disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. A. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility (e.g., in an emergency evacuation or homeless shelter), they should both be accommodated by being assigned, if possible, to different locations within the room or different rooms in the facility. B. A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control, and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal's presence. C. City establishments that sell or prepare food must generally allow service animals in public areas, even if state or local health codes prohibit animals on the premises. D. People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a City program requires a deposit or fee to be paid by patrons with pets, the City must waive the charge for service animals. Miniature Horses In addition to the provisions about service dogs, ADA regulations have a separate provision about miniature horses that have been individually trained to perform work or tasks for people with disabilities. Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and typically weigh between 70 and 100 pounds. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations outline four assessment factors to help entities determine whether miniature horses can be accommodated in their facility. The assessment factors are: (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the handler's control; (3) whether the facility can accommodate the miniature horse's type, size, and weight; and (4) whether the miniature horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility. 424 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Bassam AL-Beitawi, Senior Project Manager SUBJECT: AWARD CONTRACT C47630 TO ECONOLITE SYSTEMS, INC. OF ANAHEIM, CALIFORNIA, FOR THE TRAFFIC SIGNAL HARDWARE UPGRADES (PROJECT NO. MTS00003) RECOMMENDATION: 1. Award Contract No. C47630 to Econolite Systems, Inc., of Anaheim, California, for the Traffic Signal Hardware Upgrades in the amount of $211,487.75, plus a contingency of $30,000 for unforeseen conditions. 2. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. BACKGROUND/ANALYSIS : The City of Palm Desert (City) is responsible for 99 signalized intersections. Each intersection includes a signal controller cabinet that houses the signal controller and other components. Several cabinet controllers and components have exceeded their useful lifespans, making them susceptible to malfunction due to deterioration caused by desert weather conditions. The Traffic Signal Hardware Upgrades (Project) addresses cabinet controllers and components at nine signalized intersections. The scope of work includes, but is not limited to, removing existing and installing new conductors and cables; replacing existing traffic signal controller cabinets; and removing and replacing controller components. On June 5, 2024, the City advertised the Project and received seven bids, as follows: Contractor Location Total Bid Econolite Systems, Inc. Anaheim, CA $211,487.75 Yunex LLC Riverside, CA $239,850.00 Elecnor Belco Electric, Inc. Chino, CA $279,500.00 California Professional Engineering, Inc. La Puente, CA $304,000.00 Crosstown Electrical & Data, Inc. Irwindale, CA $323,745.00 Alfaro Communications Construction, Inc. Compton, CA $326,644.00 DBX, Inc. Temecula, CA $386,800.00 Page 1 of 2 425 City of Palm Desert Traffic Sianal Hardware Ugarades Econolite Systems, Inc., submitted the lowest responsive bid. The apparent low bid has been reviewed and found to be in full compliance with all bid requirements. References were contacted, and they confirmed the contractor has successfully completed projects of similar scope recently. Legal Review: This report has been reviewed by the City Attorney's Office. FINANCIAL IMPACT: The Project is included in the approved Fiscal Year 2024-25 Capital Improvement Project (CIP) List under Measure A Account No. 2134250-5000906, with a total budget of $800,000. Therefore, awarding this contract has no financial impact to the General Fund. ATTACHMENTS: 1. Agreement 2. Payment and Performance Bonds 3. Contractor's Proposal 4. Vicinity Map Page 2of2 426 CONTRACT FOR CONSTRUCTION This Contract for Construction ("Contract"), No. C47630, is made and entered into this 22nd day of August, 2024, by and between City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, sometimes hereinafter called the "City" and Econolite Systems, Inc., sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: 2024-25 TRAFFIC SIGNAL HARDWARE UPGRADES MTS00003 REPLACE AND REWIRE TRAFFIC EQUIPMENT AT NINE SIGNALIZED INTERSECTIONS Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred and Eleven Thousand. Four Hundred Eiahtv-seven Dollars and Seventv-five Cents ($211.487.75). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City's actual damages. Accordingly, in accordance with Government Code section 427 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non -Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. MW All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BYLAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION AND INSURANCE A. Indemnification To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City's choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: (a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers; (b) Contractor's defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney's fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor's Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor's construction of the improvements; (c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney's fees, and other costs, including all costs of defense which any of 429 them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor's obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney's fees, incurred by the indemnified parties in any lawsuit to which they are a party. 2. Contractor shall immediately defend, at Contractor's own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. B. Insurance 1. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and 430 employer's liability. Such policy or policies shall include the following terms and conditions: A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall "follow form" to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 5. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers. 6. Pollution Liability Insurance. [Reserved.] 7. Builder's Risk Insurance. [Reserved.] C.Other Provisions or Requirements Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 431 3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City's Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or 432 other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO's Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 14. Pass Through Clause. Contractor agrees to ensure that its sub -consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. 15. City's Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 433 16. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 434 IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written. CITY OF PALM DESERT L Todd Hileman, City Manager ATTEST: Anthony J. Mejia, City Clerk APPROVED AS TO FORM: IA Best Best & Krieger LLP City Attorney ECONOLITE SYSTEMS, INC. By: Its: Vice President Printed Name: Christopher Flores By: Its: Operations Manager Printed Name: Patrick Showalter Contractor's License Number and Classification DIR Registration Number (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT 435 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20 , before me, appeared Notary Public, personally who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title or Type of Document Partner(s) Limited General Number of Pages Attorney -In -Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Nam( 436 Contract No. C47630 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded to Econolite Systems, Inc., (hereinafter referred to as the "Contractor") an agreement for 2024-25 Traffic Signal Hardware Upgrades Project MTS00003 (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Econolite Systems, Inc., the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Two Hundred and Eleven Thousand, Four Hundred and Eighty- seven Dollars and Seventy-five Cents, ($211,487.75), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Exhibit "C" Revised 11-2-20 BBK 72500.00001\32374915.1 437 Contract No. C47630 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Contract No. C47630 IN WITNESS WHEREOF, we have hereunto set our hands and seals this .20 (Corporate Seal) Contractor/ Principal M Title (Corporate Seal) Surety M Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title day of Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) per thousand. The total amount of premium NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 439 Notary Acknowledgment Contract No. C47630 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer II Partner(s) Title(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. ..R Notary Acknowledgment Contract No. C47630 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On s 20 , before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) C Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. 441 Contract No. C47630 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken or a resolution passed August 22, 2024, has awarded to Econolite Systems, Inc., hereinafter designated as the "Principal," a contract for the work described as follows: 2024-25 Traffic Signal Hardware Upgrades Project MTS00003 (the "Project").; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred and Eleven Thousand, Four Hundred and Eighty-seven Dollars and Seventy-five Cents, ($211,487.75) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or 442 Contract No. C47630 relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 443 Contract No. C47630 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20 . (Corporate Seal) Contractor/ Principal Title (Corporate Seal) Surety QI Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. ... Notary Acknowledgment Contract No. C47630 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On s 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 445 Notary Acknowledgment Contract No. C47630 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On s 20 , before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑, Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. Econolite Systems, Inc. Response CONTACT INFORMATION Company Econolite Systems, Inc. Email dmccombs@econolite.com Contact Dana McCombs Address 1250 N. Tustin Avenue Anaheim, CA 92807 Phone (714) 575-5688 Website www.econolite.com Submission Date Jul 1, 2024 2:38 PM ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. BID ACKNOWLEDGMENT* ❑ Pass ❑ Fail To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260. 1. In response to the Contract Documents for project number MTS00003 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule. 2. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier. 3. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid. 4. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements. 5. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid. 6. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned. 1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or 447 2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California. I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. G Confirmed 2. BID SCHEDULE* IMPORTANT: ❑ Pass ❑ Fail THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT. FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON -RESPONSIVE BID. THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non -responsive. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). I certify that I have read, understood the above statement. G Confirmed 3. BID GUARANTEE* ❑ Pass ❑ Fail IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions. E-Bid Bond via Surety2000 (submitted electronically under E-Bid Bond) 4. E-Bid Bond ❑ Pass ❑ Fail Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK. Bond ID: SCA0611294076 VendorlD:270206675 © Verify Bid Bond 5. Enter Surety Company "Name" who Issued Bid Guarantee * ❑ Pass ❑ Fail This information will be verified against the California Department of Insurance Website. Fidelity and Deposit Company of Maryland, Zurich American Insurance Company Click to Verify Value will be copied to clipboard 6. DESIGNATION OF SUBCONTRACTORS* ❑ Pass ❑ Fail M. Please download the below documents, complete, and upload. ❑w DESIGNATION OF SUBCONTRACTORS.docx ® DESIGNATION OF SUBCONTRACTORS (Econolite).pdf 7. NON -COLLUSION DECLARATION* ❑ Pass ❑ Fail The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. G Confirmed 8. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* ❑ Pass ❑ Fail Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted, nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: 1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non -responsive. G Confirmed 9. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000052909 Click to Verify_ Value will be copied to clipboard 10. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 969067 Click to Verify Value will be copied to clipboard 11. CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION* ❑ Pass ❑ Fail ❑ Pass ❑ Fail ❑ Pass ❑ Fail M I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. G Confirmed 12. Fleet Compliance Certification* ❑ Pass ❑ Fail I hereby acknowledge that I have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. 13. Fleet Compliance Documentation* ❑ Pass ❑ Fail Please attach supporting documentation for the selection made in the above item. ® CARB Fleet Compliance Certification Letter.pdf 14. Type of Business* ❑ Pass ❑ Fail C Corporation (if corporation, two signatures are required) 15. Type your Legal Company Name Here* ❑ Pass ❑ Fail State your Company's Name Here. This will be verified against the California Secretary of State's Website. Econolite Systems, Inc. Click to Verify Value will be copied to clipboard 16. How many years has Bidder's organization been in business as a Contractor? * ❑ Pass ❑ Fail 22 17. List the Signatory(s) Authorized to Sign and Bind an Agreement.* ❑ Pass ❑ Fail (If two (2) signatures are required, include the following information for both signatories) 1. Full Name 2. Title 3. Physical Business Address 4. Email Address 5. Phone Number Christopher Flores Regional Vice President 1250 N. Tustin Ave, Anaheim, CA 92807 cflores@econolite.com (714) 575- 5619 18. Nondiscrimination Certification* ❑ Pass ❑ Fail The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, sexual orientation, or membership in any other protected class. For any purchase exceeding $10,000, vendors must certify compliance with the City's nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification. By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements. Failure to comply may result in termination of any agreement entered into with the vendor. G Confirmed 450 PRICE TABLES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Signal rewiring and other 1 LS $20,570.67 $20,570.67 improvements at intersection of Country Club Drive and Suncrest/Regent 2 Signal rewiring and other 1 LS $39,732.67 $39,732.67 improvements at intersection of Country Club Drive and Liberty Drive/Resorter Boulevard 3 Signal rewiring and other 1 LS $17,662.21 $17,662.21 improvements at intersection of Fred Waring Drive and Monterey Avenue 4 Signal rewiring and other 1 LS $13,610.41 $13,610.41 improvements at intersection of Hovley Lane East and Beacon Hill/Largo 5 Signal rewiring and other 1 LS $28,474.17 $28,474.17 improvements at intersection of Hovley Lane East and Corporate Way 6 Signal rewiring and other 1 LS $30,654.16 $30,654.16 improvements at intersection of Hovley Lane East and Indian Ridge Drive/Casbah Way 7 Signal rewiring and other 1 LS $23,912.53 $23,912.53 improvements at intersection of Highway 111 and Town Center Way/El Paseo 8 Signal rewiring and other 1 LS $16,648.59 $16,648.59 improvements at intersection of Monterey Avenue and Shadow Ridge Road 9 Signal rewiring and other 1 LS $20,222.34 $20,222.34 improvements at intersection of Monterey Avenue and Hanh (Town Center Way)/San Gorgonio Way Total $211,487.75 451 452 0 $ / - \G 2 [§ f § (Li w a2m#& � » Washington St s CO 2 1. $_ 2jƒ _ U k)% W. \ƒ : � ƒk \�z ro ®@aoPe + e �• �\ a@�s90 � 1• ^ «ammoIJo _ u S 1• E \ ~® - 1 �• �| O• 3 k off qo A / ) + 0 6 6 r & F- 5 g �� � � •� � � p , :A jp \_ 3_MAW Jur _� co 4# m !f, � { ® og /� # /z ~ k{ \ E »t / ~ 5E }E \\ / CL 0 0 �0 zE 454 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Richard D. Cannone, AICP, Director of Development Services SUBJECT: RESOLUTION AMENDING THE PET REIMBURSEMENT POLICY TO INCLUDE MICROCHIPPING AND INCREASE THE REIMBURSEMENT AMOUNT FOR SPAYING AND NEUTERING RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PET REIMBURSEMENT POLICY FOR THE CITY OF PALM DESERT." BACKGROUND/ANALYSIS: In September 2010, the City Council authorized the reimbursement of pet adoption fees for adoptions from the Riverside County Department of Animal Services (RCDAS). In July 2014, the City Council approved a change to offer subsidies of up to $50 for spay/neuter surgeries for dogs and cats and $25 for annual vaccinations. In January 2019, the City Council expanded the reimbursement of pet adoption fees to also include non-profit organizations. At the March 28, 2024, City Council Study Session, staff recommended that microchipping be added as a reimbursable fee at a cost of $21 to further reduce the number of animals being brought to the shelter. Staff also recommend increasing the spay and neutering reimbursement amounts to $100 for cats and $150 for dogs. The consensus of the City Council at that study session was to move forward with the staff's recommendations. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: The City Council approved $10,000 for this purpose in the Fiscal Year 2024-25 Annual Budget in account 1104230-4388400. ATTACHMENT: 1. Draft Resolution Page 1 of 1 455 456 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PET REIMBURSEMENT POLICY FOR THE CITY OF PALM DESERT WHEREAS, in September 2010, the City Council of the City of Palm Desert established a policy to authorize reimbursement of pet adoption fees for adoptions from the Riverside County Department of Animal Services; and WHEREAS, in July 2014, the City Council expanded the policy to include reimbursement for spaying, neutering, and vaccinations; and WHEREAS, in January 2019, the City Council January authorized reimbursement of pet adoption fees to also include nonprofit organizations with offices in the city; and WHEREAS, the City Council seeks to amend the pet reimbursement policy to increase the reimbursement amounts for spaying and neutering and include reimbursements for microchipping to further assist in reducing the number of animals in the animal shelter. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert as follows: SECTION 1. That the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. The Pet Reimbursement Policy is included on Exhibit "A" of this resolution. ADOPTED ON this 22nd day Of August, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 457 Resolution No. 2024- 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 , 2024. ANTHONY J. MEJIA CITY CLERK MM Resolution No. 2024- Exhibit A Pet Reimbursement Policy A. Animal Adoptions Residents seeking reimbursement for Pet Adoptions are required to submit the following information to the Development Services Department: 1. Proof of residency within the City of Palm Desert by presenting one of the following options: a. Utility bill and property tax bill with the resident's city address, or b. Rental or lease agreement and a utility bill with the resident's city address. 2. Receipt showing payment for pet adoption from one of the following sources: a. Coachella Valley Animal Campus, or b. Nonprofit 501(c)(3) organizations with offices located within the city. 3. Terms and Conditions: a. Nonprofit organizations must meet the IRS criteria to be classified as nonprofit and may be required to provide proof of current tax-exempt status pursuant to 26 U.S.C. § 501. 4. Reimbursement rates shall be commensurate with the approved Riverside County fee schedule for adoptions. B. Vaccinations, Spay/Neutering, and Microchipping Residents seeking reimbursement for vaccinations, spaying/neutering, and microchipping are required to submit the following information to the Development Services Department: 1. Proof of residency within the City of Palm Desert by presenting one of the following: a. Utility bill and property tax bill with the resident's city address, or b. Rental or lease agreement and a utility bill with the resident's city address. 2. Receipt showing payment for the vaccinations, spaying/neutering, and/or microchipping from the last 60 days. 3. Proof of the current license (dogs only) 4. Reimbursements are available for up to four animals per household per year. Reimbursements shall be as follows: a. Vaccinations i. Reimbursable amount: up to $25 ii. Eligible Vaccinations- 1) Dogs: Rabies, DA2PD, DA2PP/4 in 1 (Distemper, Adenovirus/ Hepatitis, Parainfluenza), DHPP (Distemper, Hepatitis, Parainfluenza, Parvo) and Bordetella, and all boosters for the above vaccinations. 2) Cats: Rabies, FVRCP (Feline Viral Rhinotracheitis, Calicivirus, and Panleukopenia), FELV (Feline Leukemia), and all boosters for the above vaccinations. b. Microchipping i. Reimbursable amount: up to $21 c. Spay or Neuter i. Reimbursable amount: up to $100 for cats, and up to $150 for dogs. 459 m CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Shawn Muir, Community Services Manager SUBJECT: ACCEPT CONTRACT NO. C46270 FOR CONSTRUCTION OF THE PALM DESERT AQUATIC CENTER AND FREEDOM PARK SHADE IMPROVEMENTS AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION RECOMMENDATION: 1. Accept Contract No. C46270 with USA Shade and Fabric Structures (USA Shade) for the Palm Desert Aquatic Center and Freedom Park Shade Improvements Project as complete. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. BACKGROUND/ANALYSIS : On September 14, 2023, the City Council awarded Contract No. C46270 to USA Shade and Fabric Structures (USA Shade) for shade improvements at the Palm Desert Aquatic Center and Freedom Park. The contract amount was $784,485.27, with an additional contingency of $150,000, bringing the total budget cost to $934,485.27. The shade cloths at Freedom Park were replaced in January 2024. Construction for the Palm Desert Aquatic Center shades commenced on September 27, 2023. During the project at the Palm Desert Aquatic Center, several underground utilities were discovered, necessitating engineering to spread footings and additional materials. City staff submitted Change Order No. 1 in the amount of $12,259. The revised total for the contract, including the Change Order totaled $796,744.27. On July 14, 2024, staff inspected the completed work and confirmed it met all contract requirements. Legal Review: This report has been reviewed by the City Attorney's office FINANCIAL IMPACT: The unused contingency funds of $131,741.00 will be returned to the Capital Projects Fund Balance for reallocation. USA Shade and Fabric Total Contract Contingency Structures (USA Shade) 9/14/23 Approval $784,485.27 $150,000.00 C/o 1 $12,259.00 ($12,259.00) Completed Contract $796,744.27 $137,741.00 ATTACHMENTS: 1. Notice of Completion 2. Vicinity Map Page 1 of 1 461 462 To be recorded with the Riverside County Recorder on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. When recorded, return to: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 APN 622-250-015 & NOTICE OF COMPLETION APN 626-140-062 (Cal. Civ. Code § 9200 et seq. — Public Works) NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260. 2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph. 3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE. 4. That on the 12t" day of July 2024 work of improvement described as the Aquatic Center and Freedom Park Shade Structure Project, Contract No. C46270, on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: USA Shade & Fabric Structures (USA Shade). 6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as Palm Desert Aquatic Center located off Magnesia Falls Drive in Palm Desert. California. 92260 and Freedom Park located off Country Club Drive in Palm Desert. California. 92211. Date CITY OF PALM DESERT A MUNICIPAL CORPORATION By: Karina Quintanilla, Mayor VERIFICATION STATE OF CALIFORNIA } ) ss COUNTY OF RIVERSIDE } On 2024. before me, .Anthony J. t4lejia, City Clerk of the City of Palm Desert, personally appeared arina QLIII1t3111II3, 1`0 ayor of the City of Palm Desert, a 1`0 unicipal Corporation, and acknowledged to me that the City of Palm Desert executed the same. .Anthony J. 1`0 ejia, City Clerk Rev. February 2024 461 M. CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Nick Melloni, AICP, Principal Planner SUBJECT: REDUCTION OF THE SUBDIVISION FAITHFUL PERFORMANCE BOND, AND RELEASE OF THE SURVEY MONUMENTS BOND, AND THE ROUGH GRADING BOND FOR TRACT MAP NO. 37506-2, UNIVERSITY PARK PHASE II RECOMMENDATION: 1. Authorize the City Engineer to reduce Subdivision Faithful Performance Bond No. 800134560 for Tract Map No. 37506-2 to $1,462,430. 2. Authorize the City Engineer to release Survey Monuments Bond No. 800134560 for Tract Map No. 37506-2. 3. Authorize the City Engineer to release Grading Bond No. 800134559 for Tract Map No. 37506-2. BACKGROUND/ANALYSIS: On November 20, 2018, the Planning Commission approved Tentative Tract Map 37506 by Resolution No. 2745, a request by University Park Investor, LLC, of Danville, California, to develop a 174+ acre master planned subdivision located near the southeast corner of the intersection of Gerald Ford Drive and Portola Avenue. Attachment 1 of this report provides a vicinity exhibit showing the location of the Tract. Tract Map No. 37506-2 is Phase 2 of this project, which includes ten public streets, two public parks, and 169 single-family lots. On September 15, 2022, the City Council adopted Resolution No. 2022-79 approving Final Tract Map No. 37506-2 and subdivision improvement agreements with University Park Investor, LLC ("subdivider"). A bond in the amount of $2,331,546 for subdivision improvement performance was submitted for public improvements, inclusive of public street, sidewalk, and storm drain improvements at the time of final tract map approval (Bond No. 800134560). A separate survey monuments bond was submitted in the amount of $51,000 (Bond No. 800134564). A grading bond was submitted in the amount of $2,051,664.40 (Bond No. 800134559). The subdivider has made a request to reduce the Faithful Performance Bond ($2,331,546) in accordance with the terms and requirements of the subdivision improvement agreement. City staff have verified that the request is reasonable as the improvements have been partially completed in accordance with the approved plans, and the remaining portion of the improvements have been documented in a list provided to the subdivider. The remaining value of the uncompleted improvements and Performance Bond amount is $1,462,430. The reduced bond amount generally includes a 50% retention for completed improvements, 100% retention for improvements which are not completed, and a 20% contingency. The partial release, or reduction, of the Subdivision Performance Bond is not an acceptance of the complete Page 1 of 2 467 City of Palm Desert TR 37506-2 — Universitv Park Phase II Bond Reduction and Bond Release improvements, and the obligation to maintain the improvements remains the sole responsibility of the subdivider until all required improvements, including but not limited to public improvements, have been accepted by the City Council. At the time of final map approval, a survey monuments bond was submitted in the amount of $51,000. The monuments for the tract were inspected and confirmed to be set accordingly. The survey monuments bond will be released in its full amount. At the time of final map approval, a grading bond was submitted for rough grading. The rough grading for the project is now complete. The grading bond will be released in its full amount ($2,051,664.40). The project will continue construction through precise grading. Development Services retains a cash deposit in the amount of $92,640 for fugitive dust control (PM10). City staff recommends that the City Council authorize the City Engineer to release of the Grading Bond and the Survey Monument Bond in their entirety and reduce the Faithful Performance Bond to $1,462,430. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: There is no direct financial impact to the General Fund with this action. The subdivider, or successor in interest, must return to City Council to request the acceptance of all improvements and the release of the remaining bonds when all improvements have been completed. Once the public streets and storm drains are completed and accepted, their long-term maintenance will be the responsibility of the City of Palm Desert. The estimated cost of street maintenance per year for this tract is $94,833. This cost includes street sweeping, asphalt repairs, and asphalt maintenance, including overlay and slurry. ATTACHMENTS: 1. Vicinity Map 2. Subdivision Faithful Performance Bond 3. Survey Monuments Bond 4. Grading Bond Page 2of2 EM 470 Bond No.: 800134560 SUBDIVISION IMPROVEMENT AGREEMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and University Park Investor, L,L.0 ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel[Tract Map No. 37506-2 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Atlantic Specialty Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of New York, and duly authorized to transact business under the laws of the, State of California, are held and firmly bound unto City in the sum of Two Million Three Hundred Thirty One Thousand Five Hundred Forty Six and 001100 DOLLARS ($2,331,546.00). said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall 72500.00001 L30593489.1 471 in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 15thday of AAu _u_st, 2022. (Corporate Sea[) (Corporate Seal) (Attach Attorney -in -Fact Certificate) University Park Investor, LLC Principal By Title A 41or+Ar =Er� Atlantic Specialty Insurance Company Surety By Attorney -in -Fact Annette Audinot Title Attorney -in -Fact The rate of premium on this bond is $12.00 per thousand. The total amount of premium charges is $ 27,979.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 72500.0000100593489 1 Atlantic Specialty Insurance Comparty 605 Highway 169 North., Suite 800 Plymouth, Minnesota 55441 (212)440-6538 472 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. STATE OF C IFORNIA COUNTY OF lI��UU On 1A Z�� 20before me, ,Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s re subscribed to the within instrument and acknowledged to me that she/they executed the same in her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correc . T. DOSIER WITNESS m hand and official seal. r- COMM.N2366910 y CONTRA COSTA COUNTY NOTARY PUBLIC-CALIFORNII MY COMMISSION EXPIRES 2025 - OPTIONAL Though the information below is not regv red by raw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual i Corporate Officer Title(s) U Partner(s) j Limited i General 11 Attorney -In -Fact C1 Trustee(s) n Guardian/Conservator Il Other: Signer is representing: Name Of Person(s) Or Entity(ies) NOTE: This acknowledgment is to be completed for Principal. 72500 00001130593489.1 Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above 473 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. New York STATE OF GAILIFE RNIA COUNTY OF Kings On August 15, 20. before me, appeared Annette Audinot Ann Gonzales -Selman , Notary Public, personally , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TERRY ANb OONZPJ.EIa�-BEL York � Notary Public, State of New York �otary . 5ignatureWNtrlSgPf7t7ti�513 'ferry nn Gow!alcs-SelmanPublic Oualifled In tongs County ComRdssionExpires November '19, 20� OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Partner(s) Limited General id Attorney -In -Fact Trustee(s) G ua rd i anlConservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Atlantic Specialty Insurance Company Performance Bond Title or Type of Document Number of Pages August 15, 2022 Date of Document !gn s) OJearpa Than Named Above ran esc NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of Attorney to local representatives of the bonding company must also be attached. 72500.00001 U05934B9.1 474 Bond No.: 800134560 SUBDIVISION IMPROVEMENT AGREEMENT PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and University Park Investor, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. 37506-2 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. NOW, THEREFORE, Principal and Atlantic Specialty Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of New York, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of Two Million Three Hundred Thirty One Thousand Five Hundred FoLty Six and 00/100 DOLLARS ($2.331,546.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 72500.00001 \30593489.1 475 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 15thday of August, 2022. (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) University Park Investor, LLC Principal By _ RXe-�— Title AUS041'iue `xew Atlantic Specialty Insurance Company Surety By Attomey-in-Fact , Annette Audinot Title Attorney -In -fact The rate of premium on this bond is $12.00 per thousand. The total amount of premium charges is $ 27,979.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 72500,0000 1\30593489.1 Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth. Minnesota 55441 (212)440-6538 476 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CAUFORNIA COUNTY OF A -TIA On j] �� 2021, before me,�r �i, lr Notary Public, personally appeared 1 A , who proved tome on the basis of satisfactory evidence be the person(s) whose name{s}are subscribed to the within instrument and ackno ledged to me that she/they executed the same in her/their authorized capacity(ies), and that by I er/their signature s) on the instrument the persons}, or the entity upon behalf of which the persons) acte , executed the instrument. I certify under PE P U Y u d�thheawsof the State of California that the foregoing paragraph is true and correct. T. DOSIER '" COMM.#2368910 CONTRA COSTA COUNTYITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES y'' AUGUST02, 2025 l "—kav�� Signature of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1. Individual rs Corporate Officer Title(s) C Partner(s) ❑ Limited General t-1 Attorney -In -Fact p Trustee(s) ❑ Guardian/Conservator I I Other: Signer is representing: Name Of Person(s) Or Entity(ies) NOTE: This acknowledgment is to be completed for Principal. 72500.00001 \30593489.1 Title or Type of Document Date of Document Signer(s) Other Than Named Above — -. — 477 Notary Acknowledgment A notary public or other officer completing thW certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. New York STATE OF M4FGWNrA COUNTY OF Kings On August 15 20 22 , before me, 'Ferry Ann Gonzales -Selman , Notary Public, personally appeared Annette Audinot who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. TERRY ANbl GO NZAt,ESSF1t (Votary Public, State of New York Signature olbttt tSM7203 cny A onzaTes-Selman, otiiry u �c Qualified In Kings County Commsslon Expires November 19, 20 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Titla�si _ Partner(s) Limited General pt Attorney -In -Fact } Trustee(s) r' Guardian/Conservator i Other. Signer is representing: Name Of Person(s) Or Ertity(ies) Atlantic Specialty Insurance Company Payment Bond Title or Type of Document Number of Pages August 15, 2022 Date of Document t1yGT.ff&fOL- 1" Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of Attorney to local representatives of the bonding company must also be attached. 72500.00001 \30593489 1 i intact INSURANCE I Power of Attorney Surety Bond No: 800134560 Principal: University Park Investor, LLC Obligoe: City of Palm Desert KNOW ALL MEN BY THESE PRBSENTS, that ATLAN-rIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in PIymouth, Minnesota, does hereby constitute and appoint: Annette Audmot . each individually if there be more than one named, its true and lawful Attorney - in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, provided that no bond or undertaking executed under this authority shalt exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and a,; other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or V-tcaPresident (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attomey-in- Fact. Resolved: That the Attomeyin-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and scaled by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and scaled by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey.im-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and die original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WI IEREOF, ATLANTIC SPECIALTY INSURANCE_ COMPANY has paused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. •"vZ Y 4 MSG • 44r�' SEEALAL cOR5 1 . � m r 1986 0 By STATE: OF MINNESOTA zy` �Fw Yov orb,' Paul J. Brehm, Senior Vice President HENNEPIN COUNTY `�rb * On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be die individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swam, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON SWAN NASH•TROUT NOTARY PUBLIC • MINNESOTA lip My Commission Expires January 31, 2026 1SYr1 f V�O�� Notary Public 1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and scaled. Dated 15th day of August 2022 II46 CpF40gq F9�A '�z SEALrn `r 1986 0 %yd titt FW Yoe- .aar Kara Barrow, Secretary Please direct bond verifications to surety@intactrnsurance.com 479 intact INSURANCE I Power of Attorney Surety Bond No: 800134560 Principal: University Park Investor, LLC Obligee: City of Palm Desert KNOW ALL MEN BY THESE. PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Francesca Papa , each individually if there be more than one named, its true and lawful Attorney in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto: and that the Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authonzed Officer and, further, the Attorney -in -Pact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -tact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF. ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. =QG CpRPORgr4r OS SEAL ^'__ r 1966 0 liy STATE OF MINNESO'I'A 'yi qF* v01,,�ab,, Paul J. Brehm, Senior Vice President HENNEPIN COUNTY ;d rr is On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be die individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swom, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. 0 AUSON DWAN NASH•TROUT NOTARY PUBLIC • MINNESOTA My Commission Expires January $1, 2026 L15,mgliu- Notary Public 1, the undersigned, Secretary of ATLANTIC SPECIAI:IY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 151h day of August 202R =44`C�RPDRATF�ni ati SEAL m; 1986 0 kr'L ti + 'a y Zen, YOp �b 11 > * Please direct bond verifications to surety[aNntiidinsurance,cnm Kara Barrow, Secretary We] specialty clq�!Ctl solutions" Atiantic Specialty Insurance Company Period Ended 1213112021 DolIsis dispfayedinthousands AdmltWd Assets Liabilities and Surplus hbstments LUbllitles Bonds $ 1,827.267 Loss Reserves S 1,012.842 Preferred Stocks - Loss Adjustment Expense Reserves 307,403 Common Stocks 907,728 Totsl Loss & LAE Reserves 1,320,246 Mortgage Loans Rest Estate Unearned Premium Reserve 665,993 Contract Loans - Total Reinsurance Liabilhies 24,180 Derhiell as - Commissions, Other Expenses, end Taxes due 63,766 Cash, Cash EquWelents & Short Tenn Inwirtments 174,241 Dedvathes - Other Investments 20,131 Payable to Parent. Subs or Affiliates - Total Cash & Investments 2,929,367 AN Other Liabilities 412,340 Premiums and Comirl"kxts Due 2a8,984 Total Liabllitles 2,506,525 Reinsurance Recoverable 24.105 Receivable from Parent, Subskiiary orAfli iates 55.353 Capital and Surplus All Other Admitted Assets 59 690 Common Capital Stock 9.001 Preferred Capital Stock - Total Admitted Assets 3,358,479 Surplus Notes Unassigned Surplus 165,608 Other Including Gross Contributed 677,347 Capital S surplus 851,954 Total Liabilities and C&S 3,358,479 State of Minnesota County of Hennepin I, Kara Barrow, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and Iiabilities of the said Company, on the 31" day of December, 2021, according to the best of my information, knowledge and belief. 9 Secretary Subscribed and sworn to, before me, a Notary Public of the State of Minnesota on this 14' day of March, 2022. Notary Public 0MIMKERM AMERS N" My Commission Expires January 31, 2025 MSOA u CN:NN W1gNE a 31,W 481 I m SUBDIVISION IMPROVEMENT AGREEMENT SURVEY MONUMENTS BOND KNOW ALL PERSONS BY THESE PRESENTS Bond No.: 800134564 THAT WHEREAS, the City of Palm Desert, California ("City") and University Park Investor, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for the setting of survey monumentation as shown in Parcel/Tract Map No. 37506-02, which is not to be completed prior to the recording of the final map or parcel map; WHEREAS, the survey monumentation to be performed by Principal is more particularly set forth in that certain Subdivision Improvement Agreement dated 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond to insure the setting of the monuments as required therein and payment to the Engineer or Surveyor who sets such monuments thereunder. NOW, THEREFORE, Principal and Atlantic Specialty Insurance Company (`Surety"), a corporation organized and existing under the laws of the State of New York, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Fifty One Thousand and 00/100 ($51,000.00), said sum being not less than one hundred percent (100%) of the total cost of the setting of monuments as set forth in the Improvement Agreement and payment due to the Engineer or Surveyor for setting such monuments, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties for the setting of survey monumentation in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall 72500.00001 \30593499. I MW in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the Improvement Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 151" day of August, 2022. (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) University Park Investor, LLC Principal In Title Atlantic Specialty Insurance Company SuretUtt—ZL� By Attorney -in -Fact, Annette Audinot Title Attorney -in -Fact The rate of premium on this bond is $12.00 per thousand. The total amount of premium charges is $612,00. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 725 00.0 00010 059348 9.1 Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, Minnesota 55441 12)440-6538 M Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF _ On 20—, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary Public WITNESS my hand and official seal. OPTIONAL Though the information below is not required by Jaw, it may prove valuable to persons relying or? the document and could prevent fraudulent removal and reattachment of this form to another document, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I 1 Individual I Corporate Officer Title(s) Title or Type of Document I Partner(s) Limited I General «� Number of Pages Attorney -In -Pact n Trustee(s) P Guardian/Conservator Date of Document ii Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Principal, 72 500.00001130593499 _ 1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. New York STATE OF 6M_x f2Cl A COUNTY OF Kings On August 15 appeared 20 22 , before me, `ferry Ann Gonzales -Selman , Notary Public, personally Annette Audinot who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TERRY ANN GONZALES-SELMAN Notary Public, State of New YorK SignatureWeiGM72513 Qualified in Kings County I ornrnission !Expires mvember 19, 242-9 WITNESS my hand and official seal. w Terry nn Gonzales -Selman, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document_ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I Individual I I Corporate Officer I 1 Partner(s) Tifle(s) Li Limited i General Ix Attorney -In -Fact ❑ Trustee(s) i-i Guardian/Conservator ii Other: Signer is representing: Name Of Person(s) Or Entity(ies) Atlantic Specialty Insurance Company Survey Monuments Bond Title or Type of Document Number of Pages August 15, 2022 Date of Document *a r 6�-J6a- Above NOTE This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of Attorney to local representatives of the bonding company must also be attached. 72500,000011305434W 1 M. intact INSURANCE �,'-Atorney Surety Bond No: 800134564 Principal: University Park Investor, LLC OObligce: City of Palm Desert KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Annette Audinot , each individually if there be more than one named, its true and lawful Attorney - in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursua iCt of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authhotized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attnmey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bands, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and seated by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY an the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may he affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and scaling any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. ,.IN,sG VpRPOARhr9�'s_ :y. SEAL '^ Y 1986 o= STATE OF MINNESOTA Za yFw voP� as ilr By Paul J. Brehm, Senior Vice President I IENNEPIN COUNTY On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the saute, and being by me duly sworn, that he as the said officer of the Company aforesaid, and that the sea] affixed to the preceding instrument is the sea] of said Company and that the said seal and the signature as such officer was duty affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH-TROUT r- Y NOTARY PtIBLfG- MINNESOTA My Commission Expires .,s January 51, 2025 WV1/I,4k Notary Public 1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and seated. Dated 15th day of August 2022 q� COFPDR,gTE,�n�e SEAL - 1986 o Kara Barrow, Secretary Please direct bond verifications to sir at?int[insi;rance.cam i intact INSURANCE = ` "Ad-`srw", Surety Bond No: 800134564 Principal: University Park Investor, LLC Obligee: City of Palm Desert KNOW ALL MEN BY THESE PRESENTS, that.NFLAN'I'1C SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Francesca Papa , each individually if there be more than one named, its true and lawful Attorney - in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory ui the nature thereof; provided that no bond of undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory fit the nature thereof in pursuance of these presents, shall be as bidding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Beard of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 20'12: Resolved: That the President, any Senior Vice President or Vice-president (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attotrrey-ia- Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and ail other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty -Fifth day of September, 2012: Resolved: That the signature Of an Authorized Officer, the Signature of the Secretary or the Assistant Secretary, and the Cumpany seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed, IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. ,.•P4�Y 1NSG"a a . �p4FPORgpF=: �+ SEAL /l 1986 o By I� STATE OF MINNESOTA =mod tiFw xQaa`, f Paul J. Brehm, Senior Vice President I IENNEPIN COUNTY ..... On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrunreiu, and he acknowiedged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. Qew, ALISON DWAN NASH-TROUT NOTARY PUBLIC • MINNESOTAMy Commisslon Expires January 31, 2025 A Notary Public T, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 15th day of August 2022 I N SUS.,,,. =Q �pAFttR.gT�,�2t SEAL m= 1986 c= 'Y F e w vo rya`,; Kara Barrow, Secretary Please direct bond verifications to>lt.Iy a in' i in ur�wcom EM Ciptaspecialty ct]solutions ' Atlantic Specialty Insurance Company Period Ended 1231/2021 Dollars displayed in thousands Admitted Assets Liabilities and Surplus Investments: Liabilities Bonds $ 1,827.267 Loss Reserves $ 1,012,842 Preferred StocKs - Loss Adjustment Expense Reserves 307,403 Common Stocks 907,728 Total Loss & LAE Reserves 1,320,246 Mortgage Loans - Real Estate Unearned Premium Reserve 655,993 Contract Loans Total Reinsurance Liabilities 24,180 Derivatrues - Commissions, Other Expenses, and Taxes due 63,765 Cash, Cash Equivalents & Short Term Invwstments 174,241 Derivati*s - Other investments 20,131 Payable to Parent, Subs or Affiliates - Total Cash & investments 2,929,367 All Other Liabilities 442,340 Premiums and Considerations Clue 288,964 Total inabilities 2.606,525 Reinsurance Recoverable 24,105 Recei%able from Parent. Subsidiary or Affiliates 56,353 Capital and Surplus All Other Admitted Assets 59,690 Common Capital Stock 9,001 Preferred Capital Stock - Total Admitted Assets 3,358,479 Surplus Notes - Unassigned Surplus 165,606 other Including Gross Contributed 677.347 Capital & Surplus 851,954 Total Liabilities and C&S 3,358.479 State of Minnesota County of Hennepin I, Kara Barrow, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 315t day of December, 2021, according to the best of my information, knowledge and belief. �) Secretary Subscribed and sworn to, before me, a Notary Public of the State. of Minnesota on this 141 day of March, 2022. .Notary Public ¢iq KERRI RIECFiERS Notaryna ota� My Commission Expires January 31, 2025 •'' IMy CclltiRisSiort � �7 3t, 21Ti5 H O 1 CITY OF PALM DESERT STANDARD FORM GRADING FAITHFUL PERFORMANCE BOND DESCRIPTION OF PROPERTY: Phase 2 hough (irading improvements NAME OF GRADER: University Park Investor, 1,1.0 NAME OF SURETY: :'Atlantic Specialty Insurance Compan} EFFECTIVE DATE: August 9, 2022 AMOUNT OF BOND: S2,051,664.40 BOND NUMBER: 800134559 PREMIUM: $24-620.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on fine 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California. hereinafter referred to as CITY. in the sum mentioned on Line 5 above, for the faithful performance of that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on Line 1 above, as required by the provision of the CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, 491 PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on LINE 1 of Page 1 hereof. which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform ali that certain work and improvement in said CITY which is more particularly described in said GRADING ONLY AGREEMENT, then the obligation with respect to the faithful performance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the GRADING ONLY AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the GRADING ONLY AGREEMENT, the work. the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY's reasonable attorney's fees and court costs in connection therewith. 492 IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this fns#ru ent on th ate tinned on Line 4 of Page 1 hereof. PRINCIPAL'S SIGNATURE PRINCIPAL'S SIGNATURE r�C-�Jle- 11 PRINT NAME PRINT NAME University Park Investor, LLC _ TITLE & COMPANY NAME TITLE & COMPANY NAME 1;I Specialty Insurance Conipam SURETY'S SIGNATURE :lnncttc :ludinot, Attornev-In-Fact SURETY'S SIGNATURE APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) 493 ACKNOWLEDGEMENT A notary public or other officer completing this individual who signed the document to which truthfulness, accuracy, or validity of that document. State of California } )Ss. County of CoNTIZA COSTA } certificate verifies only the identity of the this certificate is attached, and not the On AOW'ST I-1:V4 , 2022 , before me, s'sATYA NAKAYAlNJA a Notary Public, personally appeared ROBERE RADj6NOV IC who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that Ishelthey executed the same in i /her/their authorized capacity(ies), and that by i Iherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S. SATYANARAYANA COMM.k2399438 Z CONTRA COSTA COUNTY NOTARY PUBLIC-CALIFORNIAZ Signature MY COMMISSION EXPIRES MARCH 30, 2026 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Now York County of Rings On August 9, 2022 before me, Terry Ann Gonzales -Selman , Notary Public ere insert name and We of the o [eri personally appeared Annette Audinot who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Q/are subscribed to the within instrument and acknowledged to me that he/o/they executed the same in his/@/their authorized capacity(ies), and that by his/@e /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TERRY ANrN GONZALES_SELMAN Notary Public, State of New York 07ty 4nr,.- 444v- Qualified in Kings County Notary Public Signature (Notary PublicCommission Sealy Expires November f 9 2,!!e _ M Cornmsssion Expires November 19, 2024 T ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notmy wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded.shouldbecompletedandartachedtothedocumentAcknowledgments from other states may be completed for documents being sent to that stare so long Bond as the wording does not require the California notary to violate California notary raw. (Title or description of attached document) a State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Title or destx ption of attached document continuedi a Date of notarization must be the dale that the signers) personally appeared sshich must also he the same date the acknowledgment is completed. 8/9/2022 a The notary public must print his or her name as it appears within his or her Number of Pages Document Dale commission followed by a comma and then your title (notary public). a Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER a Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ke,she'g wy, is tare) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording ❑ Corporate Officer a The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines if seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) a Signature of the notay public must match the signature on file with the office of the county clerk - D Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acnnuwledgment is not misused or attached to a different document Other Indicate title or type of attached document, number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO. Secretary), a Securely attach this document to the signed document Kith a staple. 495 intact INSURANCE I Power of Attorney Surety Bond No 800134559 Principal: University Park Investor, LLC Ohligcc: City of Palm Desert KNOW ALL MEN BY TIiESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office In Plymouth, Minnesota, does hereby constitute and appoint: Annette Audinot . each individually if there be more than one named, its true and lawful Attorney - in -Fact, to make, execute, sead and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the fo[lnwing resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings nbligatory in the nature thereof, and affix the sea] of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company sea) thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fart for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE, COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. R``GpR40gq �q~�'i =y SEAL o__ 1986 o By STATE OF MINNESOTA ':,y��+ vot`�da�= Paul J. Brehm, Senior Vice President IIENNEPIN COUNTY On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. K ALISON DWAN NASH•TROUT NOTARY PUBLIC-MINNESOTA My Commission Expires January 31, 2025 I ; 7 At/td JW_ Notary Public 1, the undersigned, Secretary of ATLANTIC SPE.CIAL-IY INSURANCE: COMPANY, a New York Curporation, do hereby certify that the foregoing power of attomey is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 9th day of August 2022 r q GpCi+IPCUARgrF 9i�3 ih SEAL mi 19816 os b 4s " Kara Barrow, Secretary Please direct bond verifications to sure{,yiaNntactinsprance corn M 497 4 , f • cp! et] specialty solutions ya.. ed Dollars prsplayed in thousands Atlantic Specialty Insurance Company Period Ended 12r31l2021 Admitted Assets Investments Sands Preferred Stocks Common Stocks Mortgage Loans Real Estate Contract Loans Oenvat Ives Cash, Cash Equivalents & Short Tern !nvestments Other Investments Total Cash & Investments Premiums and Considerations Due Reinsurance Recoverable ReceRoble from Parent. Subsidiary or Affiliates All Other Admitted Assets Total Admitted Assets State of Minnesota County of Hennepin Llabllltles a nd Surpl us Liabilities S t.827,267 Loss Reserves $ 1,012,842 Loss Adjustment Expense Reserves 307,403 907,72B Total Lass & LAE Reserves 1,320,246 Unearned Premium Reserve 655,993 - Total Reinsurance Liatiftes 24,180 - Commissions, Other Expenses, and Taxes due 63,766 174,241 Derivatives - 20,131 Payable to Parent. Subs or Affiliates - 2,929,367 All Other Liabilities 442,340 288,964 Total Llabllltles 2,506,525 24,105 55.353 Capital and Surplus 59,690 Common Capital Stack 9,001 Preferred Capital Stock - 3.358,479 Surplus Notes - Unassigned Surplus 165,606 Other Including Gross Contributed 677,347 Capital & Surplus 851,954 Total Liabilities and C&S 3,35B,479 I, Kara Barrow, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 3151 day of December, 2021, according to the best of my information, knowledge and belief. �— Secretary Subscribed and sworn to, before me, a Notary Public of the State of Minnesota on this 14`h day of March, 2022. CU Notary Public ioKERRI RIECHERS Notnry��lc My Commission Expires January 31, 2025 my Ctmlr W Eames k"M 31, 2026 Mj • 1 1 • 499 City of Palm Desert INVOICE # City of Palm Desert INV-2860 73510 Fred Waring Drive Date Due: 8/21/2022 "- Palm Desert,CA 92260 UNIVERSITY PARK INV 801 SAN RAMON VALLEY BLVD STE F DANVILLE CA 94526, Invoice Date: 7/22/2022 Record # Record Type Fee Group Fee Description Quantity Amount RG22-0007 ROUGH GRADING PM10 DEP051T 1 $92,640.00 APPLICATION PROCE55ING PUBLIC WORKS 0 $279.00 PM10INSPECTION PUBLIC WORKS 0 5477,00 ROUGH GRADING INSPECTION PUBLIC WORKS 4 $22,253.64 SWPPP INSPECTION PUBLIC WORKS 0 $318.00 $115,967.64 Invoice Total: $115,967.64 Please send your payment to this address: Printed: Friday, July 22, 2022 2:37 PM 1 of 1 CENTRALSQBJW 501 502 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Neal Ennis, Project Manager SUBJECT: AWARD CONTRACT C47860 TO ALL AMERICAN ASPHALT FOR THE HAYSTACK ROAD TRAFFIC CALMING AND SAFETY IMPROVEMENTS PROJECT, PROJECT NO. CST00006 RECOMMENDATION: 1. Award a Contract C47860 with All American Asphalt, of Corona, CA, in the amount of $551,177, plus a 10% contingency, for the Haystack Road Traffic Calming and Safety Improvements Project, Project No. CST00006. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and any written requests for change orders up to contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion. BACKGROUND/ANALYSIS: • In May 2021, the City Council approved amendments one and two of Contract C37870A with KOA Corporation to include professional engineering services for the Haystack Road Traffic Calming and Safety Improvements Project. • Community engagement meetings were held with residents and cyclists to provide preferences and guidance related to the project. o Community engagement meeting #1 — May 2021 o Community engagement meeting #2 — July 2021 o Community engagement meeting #3 — October 2021 o Community engagement meeting #4 — October 2023 • The consistent feedback regarding cyclist safety prompted a redesign to better serve the community and increase anticipated safety and use. • The project was scaled back from Class IV bike lane design, which included dedicated separated bike lanes, to an improved Class II painted buffered bike lane design. This project includes asphalt slurry seal of Haystack Road, as well as ADA improvements and crosswalks at intersections along Haystack Road. Request for Bids: The project was advertised for proposals through the City's bid management portal, OpenGov, and on July 26, 2024, two proposals were received electronically. Page 1 of 2 503 City of Palm Desert Award Contract C47860 with All American Asphalt for Proiect No. CST00006 Contractor Location Bid Amount All American Asphalt Corona, CA $551,177.00 Pavement Coatings Co. Jurupa Valley, CA $620,724.55 The engineer's estimate for the construction of this project is $653,000. Staff reviewed the bids received and determined that All American Asphalt submitted the lowest responsive bid. All American Asphalt has performed well for the City on previous projects. Staff recommends awarding the contract to All American Asphalt in an amount not to exceed of $551,177. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: Funds for this project were included in the approved Capital Improvement Project (CIP) list for Fiscal Year 2024-25 under the Measure A Fund Account No. 2134565-5000909. There is no financial impact to the General Fund from this action. Project - CST00006 Measure A Haystack Road Traffic Calming Funding Source Plan Review Engineering/Design Materials and Supplies Construction Construction Management Contingency Remaining Project Budget ATTACHMENTS: 2134565-5000909 1. All American Asphalt Proposal 2. Construction Contract C47860 3. Payment and Performance Bonds Approved FY Project 2024-25 Budget Expenditures $2,034,665 $1,625 $329,020 $24,669 $551,177 $206,930 $55,117 $866,127 Page 2of2 504 LO 0 LO 'i V) a--) U N Ln 4- 0 v C:) CL O rn a a--+ U a--' i v Q E U \� O L d O O > U - Q N p L UA N � � v N Q Ll 0-5 o U U U `1 E 0 CD m O N 0 Q F-- 0 F— CD ~ N U O Z — — ^^xx W Ln C M L 0 ci 0 LA > Lu Z ri t10 -0 i Q D m LL 73 U --1 0 v J a w — -0 M0 W N N v (7 Y Z i U 0 O M a- i)- 4- Ln LL D' m 2 to J Q 0 0 0 Z LU 0 LU U LU J LU L/7 LU J m 00 00 00 00 00 00 Ln • O O O O O O O O N 00 C r 4 N N O 00 O O O O Ln • O O N CDO CD O Ln O O O O O Cl O O O O O O O O O O O O rV Om c-I N Lrl Lrl (Y V). y� V). t/i trT ooi• o0 0 0 0 0 O O 0 � ul C o o W O ��-I N m Lrl L' t ) V).V)- � V). t/} Ln LN Ln Ln N Ln Ll J J J J J -i n c-I c-I c-I c-I c-I c-I Q�l ' m • U) m m m O OL O N _N uU 0 L1 c: C c O N O LU U O L • U � d N N N 4t O — > co p c ru U ,�° a OU O O cOa U >, O C�C Q _ C J--+ O c _O O w U iZ N O E x U v LU LU ~ O d > E c-I N M Ln lD r- x x x x x x x c9 0 LO z 0 Q J m Q z _0 F- Q J Q i LJJ lD O O 0 Q U O z m LL i N m N N U 0Zj cN Q E m 7 U f6 0 U m 4- 0 Ln 0 N Y m U 66 Q E m U 0 o' z _O u m Q � J T D cv m = Q Z cr O O a � D U N J J v m =) (6 w m a ti 0 LO z O Q J m Q z _O F- Q J Q i LJJ lD O O O O U O z m LL N �O Lq • O .. • Lmn CD� �--1 m 00 � I� r '1 O O O N 0 i o t4 1 lD t/} O O O ' CD • N Ln N O O l0 O ' m r14 rl `1 O O l0 06 lD i/} N t/} O O O O O O O (D 0(31 • l.0 00 O) r- 0 N fV ci lD N & r- Lr m 00 Ln Lr) V/ - tr? V). t/? Ln O O O 00 • 0 O O O O O O O O O a)m Ln � O m N � t V). t4 pp N i/1• � • Q LL LL LL Q Ln Lu cN N N Lu r, d> l0 N N -1Zt O - N N .1 to U f6 Q � E O i 0 _ > O E C0 (n i C -0 v N U C v N 0 > fc0 W O > C ' U Ln m C N � J m f0 v _ c > m D +� N E V, > o nn Ln �.o r- oo rn O N N N N N m X X X X X X 0 N Y m U 06 Q E m U 0 z _O u Q J T D cv m = Q Z or 00 a � D U m J J v co D m Lu a D_ Contract No. CITY OF PALM DESERT CONTRACT FOR CONSTRUCTION This Agreement is made and entered into this 22nd day of August, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, ("City") and All American Asphalt, a Corporation, with its principal place of business at P.O. Box 2229, Corona, CA 92878 ("Contractor"). WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: Haystack Road Traffic Calming and Safety Improvements Project No. CST00006 (hereinafter referred to as "the Project"). Haystack Road Curb Ramps & Class II Bikeway Project: Install Class II Bike Lanes and Other Striping Improvements on Haystack Road. The Scope of work consists of demolition and removal of existing improvements, base, roadway markings, etc. needed to perform the work shown on the plans, preparation of existing subgrade, placement of erosion control measures, construction of new pavement and curb, application of street striping, markings, crosswalks and bike paths, installation of traffic signs. Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Hundred, Fifty -One Thousand, One Hundred, Seventy -Seven Dollars ($551,177.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. Revised 01-2024 BBK 72500.00001\32374943.1 509 Contract No. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City's actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non -Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits 2 Revised 01-2024 BBK 72500.00001 \32374943.1 510 Contract No. Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION AND INSURANCE. A. Indemnification 1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City's choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: (a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers; (b) Contractor's defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney's fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor's Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor's construction of the improvements; (c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; 3 Revised 01-2024 BBK 72500.00001 \32374943.1 511 Contract No. (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney's fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor's obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney's fees, incurred by the indemnified parties in any lawsuit to which they are a party. 2. Contractor shall immediately defend, at Contractor's own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. B. Insurance 1. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set 0 Revised 01-2024 BBK 72500.00001 \32374943.1 512 Contract No. forth above, including commercial general liability, automotive liability and employer's liability. Such policy or policies shall include the following terms and conditions: A drop -down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall "follow form" to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 5. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. 6. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations". The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites. C.Other Provisions or Requirements Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The 5 Revised 01-2024 BBK 72500.00001 \32374943.1 513 Contract No. City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City's Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any A Revised 01-2024 BBK 72500.00001 \32374943.1 514 Contract No. insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO's Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 14. Pass Through Clause. Contractor agrees to ensure that its sub -consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. 15. City's Right to Revise Requirements, The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 16. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 7 Revised 01-2024 BBK 72500.00001 \32374943.1 515 Contract No. 17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE] Revised 01-2024 BBK 72500.00001 \32374943.1 516 Contract No. SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ALL AMERICAN ASPHALT IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT ALL AMERICAN ASPHALT, A CORPORATION in Attest: In L. Todd Hileman City Manager Anthony J. Mejia City Clerk Approved as to form: la Isra Shah Best Best & Krieger LLP City Attorney 9 Revised 01-2024 BBK 72500.00001 \32374943.1 in Its: Vice President Printed Name: Edward J. Carlson 31 Its: Secretary Printed Name: Michael Farkas CLSB#267073 Class A — General Enaineerin Contractor's License Number and Classification DIR#1000001051 DIR Registration Number (if applicable) QC: Insurance: Initial Review Final Approval Bonds 517 518 Contract No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded to All American Asphalt, (hereinafter referred to as the "Contractor") an agreement for Haystack Road Curb Ramps & Class II Bikeway (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, All American Asphalt, the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Five Hundred, Fifty -One Thousand, One Hundred, Seventy - Seven Dollars, ($551,177.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Exhibit "C" Re\nsed 11-2-20 BBK 72500.00001\32374915.1 519 Contract No. (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 520 Contract No. IN WITNESS WHEREOF, we have hereunto set our hands and seals this . 20 (Corporate Seal) Contractor/ Principal M Title (Corporate Seal) Surety IM Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title day of Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) per thousand. The total amount of premium NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 521 Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER Individual Corporate Officer Title(s) Partner(s) Limited General Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above TE: This acknowledament is to be completed for Contractor/Principal. 522 Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information belowis not required bylaw, it may prove valuable to persons relyingon the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER E Individual Corporate Officer Title(s) Partner(s) Limited General Attorney -In -Fact Trustee(s) C Guardian/Conservator F Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. 523 Contract No. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken or a resolution passed August 22, 2024, has awarded to All American Asphalt, hereinafter designated as the "Principal," a contract for the work described as follows: Haystack Road Curb Ramps & Class II Bikeway Project (the "Project").; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to suchwork or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of Five Hundred, Fifty -One Thousand, One Hundred, Seventy -Seven Dollars, ($551,177.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assignsJointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 524 Contract No. attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 525 Contract No. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of . 20 . (Corporate Seal) Contractor/ Principal In Title (Corporate Seal) Surety Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 526 Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On -, 20_, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information belowis not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachmentof this form to another document. CAPACITY CLAIMED BY SIGNER Individual Corporate Officer Title(s) Partner(s) Limited General Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 527 Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On -, 20 , before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information belowis not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Partner(s) Limited General Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. 528 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Neal Ennis, Project Manager REQUEST: AWARD CONTRACT C47830 TO GRANITE CONSTRUCTION COMPANY FOR THE PD LINK PHASE 2 PROJECT, PROJECT NO. CST00005 RECOMMENDATION: 1. Award Contract C47830 with Granite Construction Company of Indio, CA, in the amount of $1,166,000, plus a 10% contingency, for the PD Link Phase 2 Project, Project No. CST00005. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion. BACKGROUND/ANALYSIS: • In May 2020, the City Council awarded Contract C37870A to KOA Corporation for professional engineering services associated with PD Link Phase 2 Project. • Community engagement meetings were held with residents and cyclists to provide preferences and guidance related to the project. o Community engagement meeting #1 — October 2020 o Community engagement meeting #2 — October 2020 o Community engagement meeting #3 — March 2021 o Study Session — December 2023 • The consistent feedback regarding cyclist safety prompted a redesign to better serve the community and increase anticipated safety and use. • The project was scaled back from Class IV bike lane design, which included dedicated separated bike lanes, to an improved Class II painted buffered bike lane design. Request for Bids The project was advertised for proposals through the City's bid management portal, OpenGov, and on July 19, 2024, one proposal was received electronically. Contractor Location Granite Construction Company Indio, CA Bid Amount $1,166,000 Granite Construction Company was the sole vendor to submit a responsive bid. Staff reviewed the documents submitted and confirmed that the bid was satisfactory and responsive. Granite Page 1 of 2 529 City of Palm Desert Award Contract C47830 with Granite Construction Companv for Proiect No. CST00005 Construction Company is a preferred vendor for the City and has performed satisfactorily on previous City projects. Granite Construction Company's pricing was within the engineers estimate. Additionally, the reduced design efforts of the project have reduced planned costs of implementation by $1,377,000. Staff recommends awarding the contract to Granite Construction Company in an amount not to exceed of $1,166,000. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: Funds for this project were included in the approved Capital Improvement Project (CIP) list for Fiscal Year 2024-25 under the Measure A Fund Account No. 2134670-5000202. There is no financial impact to the General Fund from this action. Project - CST00005 PD Link Phase 2 Funding Source Engineering/Design Construction Construction Management Contingency ATTACHMENTS: Measure A 2134670-5000202 1. Granite Construction Company Proposal 2. Payment and Performance Bonds 3. Construction Contract C47830 4. PD Link Executive Summary Approved Budget $3,605,000 Project Expenditures $140,640 $1,166,000 $200,000 Remaining Project Budget $1,981,760 Page 2of2 530 co LO 'i Z O Q Lr) J O N O v CO O C6 Q Ln o- Z U O O F- z J Q m J CL J — Q L1J E 't N co O N O r-I M bD N � O Q N O � r-I � 7 LU z v 0 4- L LL v 0 � N L1J Ur Ln Z i O O d � w cf� Of to J Q O O 0 z LU LU U LU J LU L/7 O 0 O O O O O o 0 on o p p o 0 0 • O 0 0 0 0 0 O U-) O p O O Ln Lr r-� - �o U') (7) Ln Ln C14 m 0O V)- y/} V)- IL4 -L4 � O O O 0 O O p p • O O O O O O p Ln 0 O CD CD O L O O O O Lr r- N fV l0 Ln 0 t!? V)- � J J J V) Ln U U m 00 fV • �o b..o C m 0 c � O v c fl +� v E > EOf cu (D Lv U OL O +� LU L1 • O +� c -6 -p U O v Y tya ni _ O U U U C: L/) U Lw O U N 0 U O 72 M o u a N LU D Lv Ln v 0 c 00C C C j U or X O LU U > > E E W a) ci N m Ln LD I- • x x x x x x x N c`7 LO z 0 Q J m Q Z _0 F- Q J Q LJJ Ln O N O O N O N L~ U a o c Z CO Q LL 0 0 0 0 0 0 0 0 0 0 0 0 0 O p O O O p O O O O p O O O O 0 O O c�i 0 O O O O 0 O O cvi p O O M p (V O O rn 00 O O Ln • lD p O Ln p O 0 O O 00 (J m V)- O r- O Ln r- -1 Ln Lr M r14 (7 r- N fh M N 00 Ln Itt N rq M �t t/} • t/} t/} t/} t4 t/} t4 t/i t4 {/} t4 • O O 0 0 O O O 0 O O O O • p0 O O p0 O O q Ln 0 O O 0 p Oro � �O O 00 NO p O p) Ol O O O O O r-I r-I Ln Ln Ln LD rl4 ih Ln -1 M c-I (3 tr� t/)- t4 tr1} rr1i t%? c-I M • Ln Ln LL Q z z LL Ln LL Q LL N Ln Q N LL Ln W 0 O J J U Ln W N J J W J N O Ln 0 00 fV 0 N 't LD c-I c-I fV c-I l0 CP cV co r-I N ro CD cI p Co U a fu N L v E to -O O 00 C C c-I O cn T u co > �--� m= Zj m x LU ++ C f6 ( C LL > N (3) "6 — LL N -_6 > U 7 a) U a) C LD LD fE • O_ 025 +' U C m 'tioO Ln d Jam-+ (3) C .o v C a) O u j v i� U U U O O U a� 1) Q C CU U L O C a) U E N d C i u L + O +' 'p ra 5 a-O In m a 00 +, C m C — C> C = u Uro Q +� U u U i� -o iZ u u a) vyi c a1 o Q V) v U O > y u)U J O E O U U m — cp O +� co (1) U + U C q0 C U 0A u) C N 0 m U U L L H 00 O1 O r-I N M Ln lD r- 00 Ol O cV r-I r-I ri r-I c-I r-I r-I -i -1 -1 CV CV N x x x x x x x x x x x x x x x N a, z a _O Q J m HN z Of 00 a � D _U N J J v co CD % =) m Lu o_ a M co LO z 0 Q J m Q Z _0 F- Q J Q LJJ Ln O N O O v O N L~ U a 0 c Z CO L.L 0 O o 0 O O O 00 O O 0 o o o O o o 0 o 0 r O O 0 O N 0 • 00 O 00 00 M O • O O SOD 00 Q) t0 O l.o m m M N N � �--I i/? t/} t/)- t/} • • O O O Ln O O O N O O O O O r O p uj 00 O O O rn LL Ln Q Q Ln Q Q Q cn J J W W J W W W J 0) O N -A 0 M � M M M tD 00 Lfi N v Ln m c CD CD 00 00 30 Ln Ln N N Q O O 2 : v N L U Y U U O L (O ror L d L C T 1]A w O U) U 'O v m m OD i N O O fl' • iZ j tOa O O c F Ln > d + O O Lo v + n (D o_ a x -O E C v -_ L + O Q Q C U � E E UJ O L mLn + Ln cc 0 0 0 O u v +u c On O O C N O O _0 U m _0 m D D O O O L U � c O c O LU o v v m m � U M Ln tD I- 00 m O c-I N N N N N N N M M x x x x x x x x x — 0 O (V (v z a _O Q J m HN z Of 00 a � J J M �m v =) m Lu m a 534 Contract No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded to Granite Construction Company, (hereinafter referred to as the "Contractor") an agreement for PD LINK Phase 2 Project (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, GRANITE CONSTRUCTION COMPANY, the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of One Million, One Hundred, Sixty -Six Thousand Dollars, ($1,166,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Exhibit "C" Revised 11-2-20 BBK 72500.00001\32374915.1 535 Contract No. (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 536 Contract No. IN WITNESS WHEREOF, we have hereunto set our hands and seals this .20 (Corporate Seal) Contractor/ Principal M Title (Corporate Seal) Surety M Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title day of Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) per thousand. The total amount of premium NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 537 Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer II Partner(s) Title(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 538 Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) C Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. 539 Contract No. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken or a resolution passed August 22, 2024, has awarded to Granite Construction Company, hereinafter designated as the "Principal," a contract for the work described as follows: PD LINK Phase 2 Project (the "Project").; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of One Million, One Hundred, Sixty -Six Thousand Dollars, ($1,166,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or y� � Contract No. attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 541 Contract No. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of .20 . (Corporate Seal) Contractor/ Principal M Title (Corporate Seal) Surety Lei Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 542 Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On s 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 543 Notary Acknowledgment Contract No. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On s 20 , before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑, Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. 544 Contract No. CITY OF PALM DESERT CONTRACT FOR CONSTRUCTION This Agreement is made and entered into this 22nd day of August, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, ("City") and Granite Construction Company, a Corporation, with its principal place of business at 585 West Beach Street, Watsonville, CA 95076 ("Contractor"). WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: PD LINK Phase 2 Project Project No. CST00005 (hereinafter referred to as "the Project"). Demolition and removal of existing improvements, base, roadway markings needed to perform the work shown on the plans. Preparation of existing subgrade, placement of erosion control measures, construction of new pavement and curbs, application of street striping, markings, crosswalks, and bike paths, installation of traffic signs. Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million, One Hundred, Sixty - Six Thousand Dollars ($1,166,00.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the PD Link Executive Summary. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City's Revised 01-2024 BBK 72500.00001\32374943.1 545 Contract No. actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non -Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 2 Revised 01-2024 BBK 72500.00001 \32374943.1 y� • Contract No. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION AND INSURANCE. A. Indemnification To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City's choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: (a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers; (b) Contractor's defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney's fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor's Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor's construction of the improvements; (c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney's fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to 3 Revised 01-2024 BBK 72500.00001 \32374943.1 547 Contract No. faithfully perform the Work and all of Contractor's obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney's fees, incurred by the indemnified parties in any lawsuit to which they are a party. 2. Contractor shall immediately defend, at Contractor's own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. B. Insurance 1. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer's liability. Such policy or policies shall include the following terms and conditions: 0 Revised 01-2024 BBK 72500.00001 \32374943.1 • Contract No. A drop -down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall "follow form" to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 5. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. 6. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations". The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites. C.Other Provisions or Requirements Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 5 Revised 01-2024 BBK 72500.00001 \32374943.1 -Mg Contract No. 3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City's Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any A Revised 01-2024 BBK 72500.00001 \32374943.1 550 Contract No. type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City, Coachella Valley Water District, and thier officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO's Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 14. Pass Through Clause. Contractor agrees to ensure that its sub -consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. 15. City's Right to Revise Requirements, The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 16. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 7 Revised 01-2024 BBK 72500.00001 \32374943.1 551 Contract No. 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE] Revised 01-2024 BBK 72500.00001 \32374943.1 552 Contract No. SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND GRANITE CONSTRUCTION COMPANY IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT GRANITE CONSTRUCTION COMPANY, A CORPORATION By: By: L. Todd Hileman Its: City Manager Attest: In Anthony J. Mejia City Clerk Approved as to form: la Isra Shah Best Best & Krieger LLP City Attorney 9 V.P. Desert Cities Region Printed Name: Bill Moore By: Its: Regional Chief Estimator Printed Name: Joseph P. Richardson CSLB #89 Class A — General Enaineerin Contractor's License Number and Classification DIR #1000000085 DIR Registration Number (if applicable) QC: Insurance: Initial Review Final Approval Bonds Revised 01-2024 BBK 72500.00001 \32374943.1 553 554 Wednesday, August 14, 2024 City of Palm Desert Finance Department Veronica Chavez, Director of Finance 73-510 Fred Waring Drive, Palm Desert, CA 92260 (760) 346-0611 EXECUTIVE SUMMARY F B N o . CST00005 PD Link Phase 2 RESPONSE DEADLINE: July 19, 2024 at 10:00 am SOLICITATION OVERVIEW Project Title PD Link Phase 2 Project ID CST00005 Project Type PUBLIC WORKS Release Date June 25, 2024 Due Date July 19, 2024 Procurement Agent Cristal Ortega Project Description The City of Palm Desert, ("City") invites and will receive sealed Bids for the furnishing of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for PD Link Phase 2, Project No. CST00005 (the "Project"). INTRODUCTION Summary The City of Palm Desert, ("City") invites and will receive sealed Bids for the furnishing of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for PD Link Phase 2, Project No. CST00005 (the "Project"). Background The City is a charter city in the State of California. The City is a thriving community of approximately 50,000 full-time and 32,000 seasonal residents. It is located in the Coachella Valley in eastern Riverside County, part of the low desert region of Southern California. The City features big -city resources in a friendly, small-town setting, offering first class educational opportunities, safe and clean streets, as well as plentiful shopping and community events. Palm Desert is considered the geographical, educational and retail center of the Coachella Valley. EXECUTIVE SUMMARY PUBLIC WORKS - PD Link Phase 2 Page 1 555 EXECUTIVE SUMMARY I F B No. CST00005 PD Link Phase 2 Incorporated in 1973, the City operates under a council-manager form of government with a five -member City Council elected at large. Each council member serves a four-year term. The City Council meets on the second and fourth Thursdays of the month at Palm Desert City Hall, 73-510 Fred Waring Drive. Contact Information Project Contact: Staci Kolbeck Accounting Technician 1 73510 Fred Waring Drive Palm Desert, CA 92260 Email: skolbeck@palmdesert.gov Phone: (760) 776-6376 Procurement Contact: Cristal Ortega Management Analyst II 73510 Fred Waring Dr. Palm Desert, CA 92260 Email: cortega@palmdesert.gov Phone: (760) 776-6327 Department: CP - Capital Improvement Projects Timeline Release Project Date I June 25, 2024 Pre -Proposal Meeting (Non -Mandatory) July 8, 2024, 1:00pm Public Works Conference Room 73-510 Fred Waring Drive Question Submission Deadline July 12, 2024, 5:00pm Question Response Deadline I July 16, 2024, 5:00pm Proposal Submission Deadline I July 19, 2024, 10:00am SOLICITATION STATUS HISTORY Page 2 556 EXECUTIVE SUMMARY IFB No. CST00005 PD Link Phase 2 Date Jun 19, 2024 8:35 AM Changed To Draft Changed By Cristal Ortega Jun 21, 2024 9:24 AM Review Neal Ennis Jun 25, 2024 8:08 AM Final Cristal Ortega Jun 25, 2024 8:08 AM Post Pending Cristal Ortega Jun 25, 2024 8:11 AM Open Cristal Ortega Jul 19, 2024 10:00 AM Pending OpenGov Bot Jul 30, 2024 11:34 AM Evaluation Neal Ennis Jul 30, 2024 11:37 AM Award Pending Neal Ennis Jul 31, 2024 1:38 PM Closed Neal Ennis SELECTED VENDOR VENDOR AWARDED BY THE EVALUATION PROCESS PROPOSALS RECEIVED VendorStatus Date Submitted Granite Construction Joe Richardson Jul 19, 2024 9:55 AM Company dcr.estimating@gcinc.com No Bid Mariposa Landscapes, Inc. Larry Rudd Jul 10, 2024 12:14 PM estimating@ mariposa- ca.com (626) 960-0196 Ext: 2730 PRICING RESPONSES TABLE 1 Page 3 557 EXECUTIVE SUMMARY IFB No. CST00005 PD Link Phase 2 Line Item 5 Description Remove PCC Curb and Gutter Quantity 287 Unit of Measure CY Construction U nit Cost $200.00 CompanyGranite Tota $57,400.00 6 Remove Existing Striping and Pavement Markings 1 LS $26,000.00 $26,000.00 7 Remove Concrete Sidewalk/Curb Ramp/Driveway 1 LS $95,000.00 $95,000.00 8 Remove Asphalt Concrete Pavement and Base 987 SF $30.00 $29,610.00 9 Remove Sign & Post 2 EA $150.00 $300.00 10 Class II Aggregate Fill 200 TONS $150.00 $30,000.00 11 Construct 4" Asphalt Concrete Pavement 25 TONS $1,500.00 $37,500.00 12 Construct 8" PCC Curb and 24" Gutter 348 LF $59.00 $20,532.00 13 Unclassified Fill 1 LS $500.00 $500.00 14 Construct PCC Sidewalk 141 CY $620.00 $87,420.00 15 Construct 4" PCC Pavement 2550 SF $20.00 $51,000.00 16 Construct PCC Curb Ramp with Detectable Warning Surface 6 EA $7,500.00 $45,000.00 17 Construct Cross Gutter 1340 SF $19.00 $25,460.00 18 Traffic Signal Modification at Town Center Way and Hahn Rd 1 LS $123,950.00 $123,950.00 19 Traffic Signal Modification at Town Center and Hwy 111 (reset Bike Video Detection) 1 LS $3,500.00 $3,500.00 20 Install Rectangular Rapid Flashing Beacon 2 EA $11,000.00 $22,000.00 21 Install Pavement Markings 1 LS $39,000.00 $39,000.00 22 Install Ladder Crosswalk/ Bike Lane Extension 10634 SF $4.50 $47,853.00 23 Install Striping 26292 LF $1.65 $43,381.80 24 Install Bike and Golf Cart Symbols 1 LS $44,000.00 $44,000.00 25 Install Sign Post and Sign 80 EA $400.00 $32,000.00 26 Install Reflective Pavement Markers 530 EA $5.00 $2,650.00 27 Install Yield Line 1 LS $1,000.00 $1,000.00 28 Belson Outdoor Fixit Plus with Air Kit 4 3 EA $7,200.00 $21,600.00 Page 4 558 EXECUTIVE SUMMARY I F B No. CST00005 PD Link Phase 2 DescriptionLine Item Quantity Unit of Measure Construction Unit Cost CompanyGranite Tota 29 Belson Outdoor Contemporary Loop Bike Rack 3 EA $3,100.00 $9,300.00 Model 5805 30 Belson Outdoor Contemporary Loop Bike Rack 3 EA $3,700.00 $11,100.00 Model 5809 31 CVWD Encroachment Permit and Inspection 1 LS $793.20 $793.20 Process Allowance Total $1,166,000.00 QUESTIONS AND ANSWERS Approved, Unanswered Questions Approved, Answers Provided 1. Liquidated damages and Project Duration Jul 10, 202411:54 AM Question: Where in the bid documents can they be located? Jul 10, 2024 11:54 AM Answered by Neal Ennis: Attachments Tab - D - Sample- CONTRACT_ FOR_ CONSTRUCTION _&_BONDS - ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 250 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City's actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $ 1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. Page 5 559 EXECUTIVE SUMMARY IFB No. CST00005 PD Link Phase 2 Jul 10, 2024 11:58 AM ADDENDA & NOTICES ADDENDA ISSUED: No Addenda issued. NOTICES ISSUED: No Notices issued. EVALUATION SELECTED VENDOR TOTALS Vendor. . Granite Construction $1,166,000.00 Company TABLE 1 X Line Item 1 DescriptionSelected Mobilization Quantity 1 Unit of Measure LS Construction Unit Cost $105,000.00 CompanyGranite Total $105,000.00 X 2 Traffic Control 1 LS $95,550.00 $95,550.00 X 3 Erosion Control 1 LS $57,000.00 $57,000.00 X 4 Demo/ Unclassified Excavation 3 Cy $200.00 $600.00 X 5 Remove PCC Curb and Gutter 287 Cy $200.00 $57,400.00 X 6 Remove Existing Striping and Pavement Markings 1 LS $26,000.00 $26,000.00 X 7 Remove Concrete Sidewalk/Curb Ramp/Driveway 1 LS $95,000.00 $95,000.00 X 8 Remove Asphalt Concrete Pavement and Base 987 SF $30.00 $29,610.00 X 9 Remove Sign & Post 2 EA $150.00 $300.00 X 10 Class II Aggregate Fill 200 TONS $150.00 $30,000.00 X 11 Construct 4" Asphalt Concrete Pavement 25 TONS $1,500.00 $37,500.00 Page 6 560 EXECUTIVE SUMMARY IFB No. CST00005 PD Link Phase 2 Selected Line Item Description Quantity Unit of Measure Construction U nit Cost CompanyGranite Tota X 12 Construct 8" PCC Curb and 348 LF $59.00 $20,532.00 24" Gutter X 13 Unclassified Fill 1 LS $500.00 $500.00 X 14 Construct PCC Sidewalk 141 CY $620.00 $87,420.00 X 15 Construct 4" PCC Pavement 2550 SF $20.00 $51,000.00 X 16 Construct PCC Curb Ramp 6 EA $7,500.00 $45,000.00 with Detectable Warning Surface X 17 Construct Cross Gutter 1340 SF $19.00 $25,460.00 X 18 Traffic Signal Modification at 1 LS $123,950.00 $123,950.00 Town Center Way and Hahn Rd X 19 Traffic Signal Modification at 1 LS $3,500.00 $3,500.00 Town Center and Hwy 111 (reset Bike Video Detection) X 20 Install Rectangular Rapid 2 EA $11,000.00 $22,000.00 Flashing Beacon X 21 Install Pavement Markings 1 LS $39,000.00 $39,000.00 X 22 Install Ladder Crosswalk/ Bike 10634 SF $4.50 $47,853.00 Lane Extension X 23 Install Striping 26292 LF $1.65 $43,381.80 X 24 Install Bike and Golf Cart 1 LS $44,000.00 $44,000.00 Symbols X 25 Install Sign Post and Sign 80 EA $400.00 $32,000.00 X 26 Install Reflective Pavement 530 EA $5.00 $2,650.00 Markers X 27 Install Yield Line 1 LS $1,000.00 $1,000.00 X 28 Belson Outdoor Fixit Plus 3 EA $7,200.00 $21,600.00 with Air Kit 4 X 29 Belson Outdoor 3 EA $3,100.00 $9,300.00 Contemporary Loop Bike Rack Model 5805 X 30 Belson Outdoor 3 EA $3,700.00 $11,100.00 Contemporary Loop Bike Rack Model 5809 Page 7 561 EXECUTIVE SUMMARY IFB No. CST00005 PD Link Phase 2 Page 8 562 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Bassam AL-Beitawi, Senior Project Manager SUBJECT: AWARD A CONTRACT FOR THE ON -CALL CITYWIDE ADA CURB RAMP MODIFICATIONS AND SIDEWALK REPLACEMENT PROGRAM (PROJECT NO. MST00013) RECOMMENDATION: 1. Award a contract to We R Builders, Inc., for the On -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program in an annual amount not to exceed $600,000, for a three-year term with the option of two one-year extensions. 2. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 3. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and to review and approve written contract amendment requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS : To maintain the safety and functionality of sidewalks and curb ramps, the City of Palm Desert (City) annually contracts for modification and replacement services, making it an essential part of infrastructure maintenance efforts. As part of this commitment, on June 5, 2024, staff released a Request for Proposal (RFP) for the On -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program (Program). This includes all public sites in Palm Desert requiring Americans with Disabilities Act (ADA) improvements in the public right-of-way, including Desert Willow Golf Resort and the affordable housing properties under the Palm Desert Housing Authority. The Program focuses on modifying and repairing curb ramps to ensure ADA compliance and repairing and replacing damaged and non -compliant sections of sidewalks. While past services have been on a project basis, the City is opting for an on -call basis to provide greater flexibility and efficiency. The City received two proposals by the deadline of June 27, 2024. The proposals were reviewed for clarity and conformance with the guidelines, content of the proposal, experience and performance, comments by references, and fee proposal (range of costs). The companies submitting proposals included: Company CT&T Concrete Paving, Inc. Diamond Bar, CA We R Builders, Inc. Glendale, CA Page 1 of 2 563 City of Palm Desert ADA Imorovements A Selection Committee comprising of three staff members from the Public Works Department reviewed the proposals. Following an evaluation, the Committee proposes awarding a contract to We R Builders, Inc., (Contractor) for on -call services. The Contractor demonstrated conformance with the RFP by providing the content, including within the identified format, and itemized fee proposal showed on average 20% to 30% lower prices on items that compose most of the work required in accordance with the scope of work. In addition to best overall pricing, the Contractor also displayed the required experience to further solidify the recommendation. Lastly, staff conducted a reference check and received commendable feedback on their past performance, including their responsiveness, work quality, and ease to work with from their client's perspective. Legal Review: This report has been reviewed by the City Attorney's Office. FINANCIAL IMPACT: The approved Capital Improvement Project (CIP) List for Fiscal Year 2024-25 includes an annual amount of $600,000 under various accounts for the On -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program. The table below lists the budget programmed for Fiscal Year 2024-25: Project ADA Curb Ramp Modifications Account 1104312-4332000 Budget $50,000 2134312-4400100 $100,000 Civic Center & Park Improvements 4004674-4400100 $150,000 Desert Willow 4414195-4809200 $150,000 El Paseo Parkway Improvements 2134310-4400100 $75,000 Housing Authority Replacement Expense 8714195-4331100 $75,000 Total: $600,000 Staff will budget accordingly during the annual budget approval process for future years and expenditures will be contingent upon budget approval; therefore, there is no further financial impact to the general fund. ATTACHMENTS: 1. Agreement 2. Payment and Performance Bonds 3. Proposal Page 2of2 564 Contract No. CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 22nd day of August, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, ("City") and WE R BUILDERS, a Corporation, with its principal place of business at 3746 FOOTHILL BLVD, SUITE 304, GLENDALE, CA, 91214 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. The City is a public agency of the State of California and is in need of services for the following project: On -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program Project No. MTS00013 (hereinafter referred to as "the Project"). 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from August 22, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the 565 Contract No. means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates BASSAM AL-BEITAWI, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates NEZAR ALSMADI, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat 2 Contract No. to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub- subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City's Minority Business 3 567 Contract No. Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor's indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial 11 - Contract No. general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (a) A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall "follow form" to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. [Reserved] (F) Cyber Liability Insurance. [Reserved] (G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations". The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. 61 y�� Contract No. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. (D) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to 0 570 Contract No. provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub - consultants, sub -contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City's Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or rl 571 Contract No. injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. M. 572 Contract No. 3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances —time or money —will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non -conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been E 573 Contract No. transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed SIX HUNDRED THOUSAND Dollars ($600,000) per Fiscal Year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non -disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.2.1 Retainer. [Reserved] 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et sec.., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall 10 574 Contract No. provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11 575 Contract No. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: WE R BUILDERS, INC. 3746 FOOTHILL BOULEVARD, SUITE 304 GLENDALE, CA 91214 ATTN: NEZAR ALSMADI, PRESIDENT City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: BASSAM AL-BEITAWI, PUBLIC WORKS Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its 12 576 Contract No. elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third -Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third -party beneficiaries of any right or obligation assumed by the Parties. 13 577 Contract No. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Federal Provisions. [Reserved] [SIGNATURES ON NEXT PAGE] 14 578 Contract No. SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND WE R BUILDERS, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT WE R BUILDERS, A CORPORATION go Attest: in L. Todd Hileman City Manager Anthony J. Mejia City Clerk Approved as to form: M Best Best & Krieger LLP City Attorney By: Its: President Printed Name: Nezar Alsmadi By: Its: Secretary Printed Name: Nezar Alsmadi Contractor's License Number and Classification DIR Registration Number (if applicable) QC: Insurance: Initial Review Final Approval Bonds: 579 EXHIBIT "A" SCOPE OF SERVICES MOBILIZATION UNIT OF MEASURE 0Mobilization REMOVALS UNITOFMFASURE 2 Remove Tree 6-12" diameter EA 3 Remove Tree 12-24' diameter EA 4 Remove Tres 24-42' diameter EA 5 Remove Curti Ram - BCR to ECR SF 6 Remove 8' concrete euFtx LI T Remove 8' concrete cuFb and gutter LI 8 Remove 6' Concrete Curb LF 9 Remove 6' Concrete Curb and guttar LF 10 Remove and Re ace Traffic Signal Pull Box EA 11 Remove and fie ace UtiIW Box EA 12 Remove and fie ace Manhole EA 13 Remove Concrete Sidewalk 4 SF 14 Remove Concrete Sidewalk (6') SF 15 Remove Concrete Pavement 6' to 8" SF 16 Remove Reinforced Concrete Catch Basin Deck j' 1 J Remove Concrete DFlvewa - R,esldential 18 Remove Concrete DFivewa - Commercial 19 lCold Mill Asphalt Concrete Pavement 2' de h LF 20 lRemove Asphalt Concrete Pavement 0-6' depth) prorate after 6" SF CONSTRUCTION UNITOFMIEASURE 23 Pour 1-sack cement slurry CY 24 Construct ADA Curb Ra - Case A Caltans Standard Plan ABBA EA 25 Construct ADA Curb Ra - Case B Caltrans Stadard Plan A98A EA 26 Construct ADA Curb Ramps - Case C Caltans Standard Plan A8 A EA 27 Construct ADA Curb Ram - Case D Caltans Standard Plan ASSA EA 28 Construct ADA Curb Ram -Case E Caltans Standard Plan ASSA EA 29 Construct ADA Curb Ramps - Case F {Caltans Standard Pla n A88A) EA 30 Construct ADA Curb Ram - Case G Caltans Standard Plan,ABBA EA 31 Construct ADA Curb Ram - Case C H Calta ns Standard Plan .A6613 EA 32 Construct ADA Curb Ram - Custom SF 33 Install Cast -In -Place Removable Truncated Domes 3' x 4' EA 34 Construct 8" Concrete Curb LF 35 Construct S" Concrete Curb and Gutter LI 36 Construct 6" Curb LF 37 Construct 6" Curb and Gutter LF 38 Construct Concrete Sidewalk 4' 39 Construct Concrete Sidewalk $' 40 Construct Concrete CF❑sS GutteF_ Valley GutteF, Spandrel 6" to 8") 41 Construct Reinforced Concrete Catch Basin Deck wile riardwaro 42 Construct DFiveway - Residential - 5' thick 43 Construct DFiuewa - Commercial - S' thick Exhibit "A" SCOPE OF SERVICES (CONT). NEW CONSTRUCTION UNIT OF WASURE .4 44 Construct Hot Mix As halt Concrete SF 45 Cold Self Leyelina Silicone Sealant LF 46 Traffic detection Inductive Lc*ps EA 47 Install Decomposed Granite - 3' depth SF 48 Install Bermuda grass sou SF 49 Striping Restoration SF 50 Raised Reflective Pavement Markers EA 51 Construct 6" Asphalt Patch SF 52 Excavation (up to 4 ft_ Dee CY 53 Saw cut and Remove Asphalt SF 54 lRemwe 7* Reinforced Concrete SF 55 Remove Curb Head LF 56 Construct 7" Reinforced Concrete SF 57 Install Class 6 Backfill TONS 58 Erosion & Sedlmera Control - include in motmlization LS 59 Select Fill Material Min. CBR - 20 CY 60 Tree Protection EA 61 Saw Cut 46' LF 62 Saw Cut 6-12' LF 63 Saw Cut >i 2' LF 64 Hot Mix Asphalt Placement (200 - 500 sq ft) SF 65 Type I Roadway Patch SY 66 Type 11 Roadway Patch SY 67 Type III RoadPatch SY 68 Hot Poured Pal merit Modified Asphalt Sealant LBS 69 Hot %u red Mastic Crack Sealant LBS 70 Emulsified Asphalt SJurFy Seal SY 71 Traffic Control Plan EA 72 Lead - In Ca ble 73 Adjust WaterlGas Valve Er Exhibit "A" Contract No. EXHIBIT "B" SCHEDULE OF SERVICES • Contractor shall perform services on an as -requested basis for the City of Palm Desert. • No work shall be initiated without a written request and approval from City of Palm Desert • A meeting will be held with the Contractor to finalize the scope and cost of the project. • The Contractor will provide an estimated timeline for project milestones and completion. • The Contractor shall perform all work within the time agreed upon with the City, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the contract documents. The term of this Agreement shall be from August 22, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Exhibit "B" Contract No. EXHIBIT "C" COMPENSATION [SEE FOLLOWING PAGES] Exhibit "C' Revised 07-2023 BBK 72500.00001\32374915.1 -m M Contract No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded to We R Builders, Inc., (hereinafter referred to as the "Contractor") an agreement for On -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, We R Builders, Inc., the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of Six Hundred Thousand Dollars ($600,000), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Exhibit "C" Revised 11-2-20 BBK 72500.00001 \32374915.1 Contract No. (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] +i• Contract No. IN WITNESS WHEREOF, we have hereunto set our hands and seals this , 20 (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety a Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title day of Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) per thousand. The total amount of premium NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. -MN Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On s 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer ❑ Partner(s) Title(s) ❑ Limited ❑ General J Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. - Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On s 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER L Individual L Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General L Attorney -In -Fact L Trustee(s) L Guardian/Conservator L Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. Contract No. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken or a resolution passed August 22, 2024, has awarded to We R Builders, Inc., hereinafter designated as the "Principal," a contract for the work described as follows: On -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program (the "Project").; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 22, 2024, ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal annual sum of Six Hundred Thousand Dollars, ($600,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or -M Contract No. modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 591 Contract No. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20 . (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety go Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 592 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On s 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer ❑ Partner(s) Title(s) Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 593 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 120, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER L Individual ❑ Corporate Officer Title(s) Partner(s) Limited ❑ General L Attorney -In -Fact Trustee(s) C Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. 594 We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.874.5275 1 Operations(aiWRBConstruction.com CA License #1055746 1 DIR #1000884610 — COVER LETTER — City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 To Whom This May Concern, We, We R Builders, Inc., are pleased to submit our proposal for the On -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program. Our company is dedicated to delivering high -quality construction services, with a particular focus on ADA compliance and public infrastructure improvements. Our proposal outlines our qualifications, experience, and approach to successfully executing the scope of work detailed in the RFP. Our team is committed to providing exceptional service and ensuring the successful completion of this project in alignment with the City's standards and expectations. Authorized Negotiator: Nezar Alsmadi President, Secretary & Treasurer We R Builders, Inc. 3746 Foothill Blvd. #304 Glendale, CA 91214 Office: 714-874-5275 Cell: 714-423-3844 Email: Admin (CDWRBConstruction.com We look forward to the opportunity to collaborate with the City of Palm Desert and contribute to enhancing its public infrastructure. Sincerely, W zar Alsmadi resident, Secretary & Treasurer We R Builders, Inc. 595 WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM PROPOSAL We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91 214 714.874.5275 1 Operations&WRBConstruction.com CA License #1055746 1 DIR #1000884610 — EXECUTIVE SUMMARY — We R Builders, Inc. is delighted to present our proposal for the referenced contract. With our longstanding commitment to quality and excellence in the construction industry, we are uniquely positioned to meet the challenges and requirements of this project. COMPANY OVERVIEW: We R Builders, Inc. has established itself as a leader in Concrete and Masonry Construction, as well as facilitating more sophisticated General Engineering & Building Projects. Our expertise extends across various sectors, encompassing Public Works and Private Works projects, making us a versatile and reliable choice for diverse construction needs. PROPOSAL HIGHLIGHTS: • SERVICES OFFERED: We R Builders, Inc. presents this Proposal acknowledging the understanding of the demands of this Contract. We R Builders utilizes state-of-the-art technology and methodologies to ensure project success. • PROJECT MANAGEMENT: Our approach to project management is centered around efficiency, communication, and quality control. We employ a systematic methodology to ensure projects are completed on time, within budget, and to the highest standards. • HEALTH AND SAFETY: Adhering to strict health and safety standards is a cornerstone of our operations. We implement rigorous safety protocols and risk management strategies to ensure the wellbeing of all stakeholders. • PAST PERFORMANCE: We have a proven track record of successful projects, as evidenced by our portfolio and client references. Our past projects demonstrate our capability to handle complex and large-scale construction tasks. CONCLUSION: We R Builders, Inc. is fully committed to delivering exceptional quality services through this Contract. Our team is prepared to bring its expertise, resources, and dedication to ensure the success of this project. We are enthusiastic about the possibility of collaborating and establishing this working relationship. Thank you for considering our proposal. We look forward to the opportunity to discuss this in further detail. Sincerely, We R Builders, Inc. Office: (714) 423-3844 1 E-Mail: Operations(q_)WRBConstruction.com 596 WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM P R O P O S A L We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.874.5275 1 Operations 6d_ WRBConstruction.com CA License #1055746 1 DIR #1000884610 — COMPANY INFORMATION — The provided information offers a comprehensive overview of the company's profile COMPANY OVERVIEW: ■ COMPANY: We R Builders, Inc. • ENTITY TYPE: S-Corporation • BUSINESS ADDRESS: 3746 Foothill Blvd. #304, Glendale, CA 91214 ■ EMAIL: Operations@WRBConstruction.com • OFFICE PHONE: (714) 874-5275 ■ POINT OF CONTACT: Nezar Alsmadi (President, Secretary & Treasurer) • NEZAR'S CELL PHONE: (714) 423-3844 PAST INCIDENTS: In the past five years, there has been Zero 0 litigation/arbitration/mediation instance(s) involving our company. We possess all necessary licenses and certifications to perform the services set forth in this Contract, with no claims or disciplinary actions taken against our company or key personnel within the past five years. 597 WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM P R O P O S A L We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.874.5275 1 Operations 6d_ WRBConstruction.com CA License #1055746 1 DIR #1000884610 — SELECTIVE WORK EXPERIENCE — Included herein is a curated selection of contracts recently completed by We R Builders, Inc., demonstrating our expertise and commitment to excellence. These examples reflect a portion of our extensive portfolio, underscoring our capability to deliver high -quality results in response to public solicitations. Please Note: In the event that further references or detailed information on previously completed projects are needed, WRB is fully prepared to furnish these at your request. This is part of our commitment to ensuring full transparency and confidence in our qualifications for your project. NOTE: No claims against both parties for all projects below. (1) CONTRACT NAME: Concrete, Masonry and Drainage Repair/Maintenance Master Agreement OWNER: Sierra Corporate Management, Inc. CONTRACT VALUE: $1 M I Completion Date: December 2022 CONTACT: Edmund Nisbet; (682) 215-9049; edmundnisbet(C7gmail.com DESCRIPTION OF WORK: As the primary contractor, we have been entrusted with the maintenance and major projects requiring professional services across all facilities owned by the client in Southern California, including Orange County, Los Angeles County, Riverside County, and San Bernardino County. This responsibility encompasses a broad range of activities with stringent requirements to ensure the highest standards are met. Our work has involved both minor and major concrete and masonry repairs across various facilities. A critical aspect of our role includes coordinating with homeowners, ensuring a smooth and unobtrusive process while performing necessary upgrades and repairs. This has been particularly significant in community pool projects, where we have upgraded facilities to meet health and safety standards, enhancing the recreational experience for residents. In addition to these tasks, we have focused on upgrading various community areas to ensure ADA compliance, making them accessible and safe for all users. A notable aspect of our work has been facilitating construction services to address and improve drainage infrastructures. Given the unique elevation challenges in communities along the mountains, our team has been instrumental in designing and implementing comprehensive new drainage systems. This includes the installation of necessary pumps, laying new piping, and adding catch basins to effectively manage water flow and prevent potential issues. Our commitment to meeting the specific needs of each community, particularly in challenging environments, demonstrates our capability to deliver tailored, high -quality solutions, ensuring every project not only meets but exceeds the expectations of our client and the community residents. (2) CONTRACT NAME: Retaining Wall and Foundation System Replacement OWNER: Hollydale Estates CONTRACT VALUE: $350K I Completion Date: December 2022 CONTACT: Edmund Nisbet; (682) 215-9049; edmundnisbet(a-)gmail.com DESCRIPTION OF WORK: The scope of work entailed replacing over 500 linear feet of failing retaining CMU block walls, accompanied by the installation of new foundational systems. This intricate task required a harmonized approach, blending technical skill with acute attention to resident coordination and safety. Effective communication with residents impacted by the construction was paramount. Our team diligently informed and collaborated with the community to minimize disruption, ensuring a smooth process throughout the project's duration. Emphasizing safety, we rigorously implemented measures to secure the worksite during operation and at the close of each workday, safeguarding both the public and the residents. Compliance with the specifications and requirements of local authorities was a critical aspect of our execution strategy. We engaged continuously with regulatory bodies, adhering strictly to their guidelines, particularly in aspects related to structural integrity and safety. This meticulous adherence to regulatory standards was instrumental in the successful and compliant completion of the project, showcasing our commitment to quality, safety, and community cooperation. 598 WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM PROPOSAL We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.874.5275 1 Operations 6d_ WRBConstruction.com CA License #1055746 1 DIR #1000884610 — SELECTIVE WORK EXPERIENCE — (3) CONTRACT NAME: Community Pool Renovations & Upgrades OWNER: Solterra at Civic Center CONTRACT VALUE: $300K I Completion Date: December 2021 CONTACT: Alex Segal; (949) 910-8031; asegal(@apex-rm.com DESCRIPTION OF WORK: Our construction company successfully completed the Community Pool Renovations & Upgrades project, which involved comprehensive enhancements to several community pools to meet and exceed current health and safety standards. A significant focus of this project was the extensive renovation of the concrete pool decks, where our team excelled in removing and replacing the existing structures to guarantee durability, compliance, and aesthetic appeal. Alongside the deck work, we undertook the replacement of coping, plaster, and advanced drainage systems, integrating new drain pumps where needed for superior water management. The project also encompassed updates to plumbing and electrical systems to ensure all components were modern and fully compliant with regulations. To further enhance safety and user experience, we installed new tile work, handrails, steps, and perimeter fencing, all chosen for their quality and longevity. Our efforts extended to the surrounding landscapes as well, with the repair and upgrade of irrigation systems to maintain the beauty and functionality of the pool areas. Through meticulous planning, execution, and collaboration with health and safety regulators, we transformed these community pools into modern, safe, and aesthetically pleasing recreational facilities. This project highlighted our expertise in concrete renovations and our commitment to delivering high -quality, community -focused construction solutions, solidifying our reputation as a leader in the industry. (4) CONTRACT NAME: Citywide Pedestrian Crossing Improvements OWNER: City of Riverside, Department of Public Works CONTRACT VALUE: $314K I Completion Date: March 2024 CONTACT: David Hatch; (951) 288-3632; dhatch(pDriversideca.gov DESCRIPTION OF WORK: Our construction firm proudly completed the Citywide Pedestrian Crossing Improvements project for the City of Riverside's Public Works Department, significantly enhancing pedestrian safety and accessibility across 14 key locations within the city. This comprehensive project, completed on time and within budget, involved the installation of ADA-compliant curb ramps, state-of-the-art flashing LED stop signs, and high -visibility crosswalks, all aimed at improving pedestrian visibility and ensuring safer navigation for both pedestrians and vehicles. Through meticulous planning and execution, we employed stringent traffic control measures in line with CA MUTCD guidelines, ensuring minimal disruption during construction. Our proactive coordination with utility providers guaranteed uninterrupted services, while our dedication to environmental stewardship was demonstrated through our adherence to dust control measures and stormwater pollution prevention strategies. The project's success was further assured by our commitment to quality assurance and materials control, ensuring the durability and effectiveness of the infrastructure improvements made. This project not only reflects our firm's expertise in managing and executing complex urban infrastructure projects but also underscores our commitment to enhancing community safety and accessibility, solidifying our reputation as a leader in the construction industry. 599 WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM PROPOSAL We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91214 714.874.5275 1 Operations 6d_ WRBConstruction.com CA License #1055746 1 DIR #1000884610 — SELECTIVE WORK EXPERIENCE — (5) CONTRACT NAME: On -Call Related Services OWNER: Eastern Municipal Water District CONTRACT VALUE: $1.8M I Completion Date: 2023 (Extension — 5 Years) CONTACT: Haely Hernandez; (951) 928-3777 ext. 6231; hernanha(C)emwd.orq DESCRIPTION OF WORK: This contract involves proficient management and coordination of the master contract with the owner, ensuring that all work is scheduled and executed effectively to align with the owner's requirements. Our approach is structured to maximize efficiency, often by bundling multiple location repairs to optimize resource use and response times. The scope of work is diverse and includes concrete flat work such as sidewalks, curbs and gutters, cross -gutters, drive approaches, and ADA curb ramps, alongside more specialized tasks like fencing repairs, structural foundation repairs, CMU block wall repairs, and bespoke masonry and concrete work for unique situations. Our team is adept at handling sophisticated scenarios, demonstrating flexibility and innovation in our solutions. Crucial to our success is the seamless coordination and scheduling of work with other contractors involved in the project. We maintain open communication channels and collaborative relationships to ensure all activities are harmonized, minimizing disruption and facilitating a timely and successful completion of the project, in accordance with the owner's schedule and standards. Our focus is on delivering high -quality results while maintaining rigorous safety and quality controls throughout the project lifecycle. (6) CONTRACT NAME: On -Call Emergency Asphalt and PCC Restorations. OWNER: City of Santa Ana, Public Works Department CONTRACT VALUE: $3M (Work -Orders) I Completion Date: 2023 (Extension — 3 Years) CONTACT: Michelle Cabanas; (714) 647-5031; Mcabanas(C.santa-ana.orq DESCRIPTION OF WORK: This contract focuses on comprehensive concrete restorations in public rights -of -way, covering essential elements such as Sidewalks, Curbs and Gutters, Cross -Gutters, Drive -Approaches, and ADA Curb Ramps. Our approach includes thorough inspections, precise removal of damaged concrete, and meticulous replacement ensuring seamless integration with existing infrastructure and full ADA compliance. While the primary emphasis is on concrete work, brief attention is also given to necessary asphalt pavement restorations. We prioritize adherence to city standards and safety for the public, city personnel, and our staff, implementing stringent traffic and pedestrian control measures in line with the WATCH manual, and ensuring the use of all required Personal Protective Equipment (PPE). Our goal is to deliver high -quality, durable restorations with minimal public disruption, upholding the highest safety and quality standards. 600 WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM PROPOSAL We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91 214 714.874.5275 1 Operations(CDWRBConstruction.com CA License #1055746 1 DIR ##1000884610 — ORGANIZATION CHART — President/S e c r eta ry/T rea surer Administration Accounting & General Administration Safety Implementations (PPEs; Traffic Control; etc.) Operations Project Management & Supervision Construction & Direct Project Obligations ant WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM P R O P O S A L We R Builders, Inc. 3746 Foothill Blvd, #304, Glendale, CA 91 214 714.874.5275 1 Operations&WRBConstruction.com CA License #1055746 1 DIR #1000884610 — COMPANY PERSONNEL — Our team is led by industry experts and consists of highly skilled professionals, both in the field and in management roles. Our onsite crews are composed of individuals who bring years of experience in their respective specialties, contributing significantly to the success of each project. These crews are led by seasoned management personnel who possess deep industry knowledge and a commitment to excellence. Each member of our onsite team is selected for their expertise, work ethic, and ability to collaborate effectively. This ensures not only the seamless execution of projects but also adherence to the highest standards of safety and quality. From skilled laborers and technicians to site supervisors and safety officers, every team member plays a crucial role in delivering the exceptional results that We R Builders, Inc. is known for. This harmonious blend of onsite craftsmanship and offsite strategic management allows We R Builders, Inc. to tackle a wide range of construction projects with confidence and proficiency. Our teams synergy is the backbone of our success, enabling us to consistently exceed client expectations and build lasting relationships in the construction industry. In response to the contract referenced, we are pleased to designate the following key personnel to oversee and ensure the successful execution of this project: (1) PROJECT MANAGER: Nezar Alsmadi (Resume Attached) (2) PROJECT SUPERINTENDENT: Elias Hermosillo (Resume Attached) (3) PROJECT/FIELD ENGINEER: Saed Elsaadi (Resume Attached) We have carefully selected each member of our team for this contract based on their specialized expertise, proven experience, and relevant certifications, ensuring their capability to successfully fulfill the projects requirements with excellence and precision. Enclosed on the following pages are the detailed resumes of each key personnel as listed above, providing comprehensive insights into their qualifications and expertise. ant WE R BUILDERS, INC. www.WRBCONSTRUCTION.COM P R O P O S A L Proposed Method to Accomplish the Work Technical and Management Approach: We R Builders, Inc. will employ a structured and systematic approach to accomplish the work outlined in the On -Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program. Our method involves careful planning, coordination, and execution to ensure compliance with ADA requirements and the City's specifications. The following outlines our proposed method to accomplish the work: 1. Project Planning and Mobilization: • Initial Site Assessment: Conduct thorough site assessments to identify the specific locations and scope of work required for ADA curb ramps, sidewalks, curbs and gutters, and drive approaches. Coordination with City Officials: Schedule meetings with City officials to discuss project details, timelines, and any specific requirements or constraints. • Mobilization: Mobilize necessary equipment, materials, and personnel to the project site. Ensure all safety protocols are in place and that the work area is secured and prepared for construction activities. 2. Traffic Control and Safety Measures: • Traffic Control Plan: Develop and implement a comprehensive traffic control plan in accordance with CA MUTCD guidelines to ensure the safety of both workers and the public. Install appropriate signage, barriers, and detours as needed. • Safety Protocols: Conduct safety briefings and ensure all personnel are equipped with the necessary personal protective equipment (PPE). Maintain a clean and safe work environment throughout the project duration. 3. Sawcut and Removal of Existing Concrete: • Sawcutting: Utilize precision sawcutting equipment to accurately cut the existing concrete at designated locations for removal. Ensure clean and straight cuts to minimize damage to adjacent structures. • Concrete Removal: Carefully remove the Sawcut concrete sections, including existing sidewalks, curbs, gutters, and drive approaches. Dispose of all debris in accordance with environmental regulations and project specifications. 4. Construction of ADA Curb Ramps and Concrete Improvements: 603 • ADA Compliance: Construct new ADA-compliant curb ramps, ensuring proper slopes, tactile warning surfaces, and smooth transitions. Adhere to ADA guidelines and City standards. • Sidewalk Construction: Pour and finish new concrete sidewalks, ensuring a smooth and even surface. Use appropriate curing methods to achieve the required strength and durability. • Curbs and Gutters: Construct new curbs and gutters, ensuring proper alignment, elevation, and drainage capabilities. Follow City specifications and quality standards. • Drive Approaches: Construct new drive approaches, ensuring proper grades and smooth transitions to existing pavements. Verify compliance with ADA and City requirements. 5. Asphalt Concrete Patching and Installation: Asphalt Patching: Perform necessary asphalt concrete patching to restore disturbed areas adjacent to the new concrete structures. Ensure seamless integration with existing pavements. • Traffic Signal Pull Boxes: Install new traffic signal pull boxes as required, ensuring proper placement and functionality. Coordinate with utility providers for necessary connections. 6. Installation of Truncated Domes and Flexible Crack Filler: • Truncated Domes: Install tactile warning surfaces (truncated domes) on all ADA curb ramps to provide visual and tactile cues for pedestrians. Ensure proper adhesion and durability. • Flexible Crack Filler: Apply flexible crack filler material to existing cracks in the concrete and asphalt surfaces to prevent further deterioration and extend the lifespan of the pavement. 7. Quality Control and Inspections: • Quality Assurance: Implement a comprehensive quality control program to ensure all work meets project specifications and standards. Conduct regular inspections and testing as required. • Final Inspections: Coordinate with City inspectors to conduct final inspections and address any punch list items promptly. Ensure all work is completed to the satisfaction of the City. 8. Project Closeout and Documentation: Site Cleanup: Perform thorough site cleanup, removing all construction debris, materials, and equipment. Restore the work area to its original condition or better. Documentation: Provide detailed documentation, including as -built drawings, inspection reports, and material certifications. Ensure all project records are complete and M submitted to the City. Draft First Year Schedule: Month 1: Project kickoff, mobilization, initial site assessments, and setup. Month 2-4: ADA curb ramp modifications at designated locations. • Month 5-7: Sidewalk replacement and repairs. • Month 8-10: Curbs and gutters construction, and drive approach replacements. • Month 11-12: Asphalt patching, installation of traffic signal pull boxes, installation of truncated domes, flexible crack filler application, final inspections, and project closeout. Additional Necessary Tasks: • Community Engagement: Enhance community engagement to inform residents about project timelines and potential disruptions. • Progress Meetings: Schedule regular progress meetings with City officials to ensure alignment and address any emerging issues promptly. By following this detailed method, We R Builders, Inc. is confident in delivering a successful project that meets the City of Palm Desert's standards and expectations, ensuring ADA compliance and enhancing public infrastructure. 605 We R Builders Fee Proposal ITEM NO. ITEMS DESCRIPTION Estimated Quantity Units 1 Remove and Replace Sidewalk Section 4" Thick Per Riverside County MINIMUM REPAIR COST $ 5,500.00 2 UP TO 100 $40.00 3 101 UP TO 500 $26.00 $22.00 $20.00 $19.00 4 501 UP TO 1000 1001 UP TO 2000 >2000 5 6 7 Remove and Replace Sidewalk Section 6" Thick Per Riverside County MINIMUM REPAIR COST 5,500.00 8 UP TO 100 $45.00 9 101 UP TO 500 $32.00 10 501 UP TO 1000 $25.00 11 1001 UP TO 2000 $22.00 12 >2000 $20.00 13 Remove and Replace Cross Gutter Approach or Street Section up to 8 Thick Per Riverside County MINIMUM REPAIR COST 5,500.00 14 UP TO 100 $60.00 15 101 UP TO 200 $50.00 16 201 UP TO 500 $40.00 17 501 UP TO 2000 $30.00 18 >2000 $25.00 19 Remove and Replace 6" Curb & Gutter Per Riverside County MINIMUM REPAIR COST $ 5,500.00 UP TO 20 $250.00 20 21 21 UP TO 50 $200.00 22 51 TO 100 $150.00 23 > 100 $130.00 24 Remove and Replace 6" Curb Only Per Riverside County MINIMUM REPAIR COST $ 5,500.00 UP TO 50 $180.00 25 26 51 UP TO 100 $160.00 27 101 TO 250 $140.00 28 251 TO 500 $120.00 29 501 TO 1000 $75.00 11. 30 > 1000 $70.00 31 Remove and Replace 8�� Curb Only Per Riverside County MINIMUM REPAIR COST500.00 UP TO 50 32 $210.00 33 51 UP TO 100 $180.00 34 101 TO 250 $150.00 35 251 TO 500 $120.00 36 501 TO 1000 $80.00 37 > 1000 $75.00 38 Remove and Replace 6�� Curb Only Per Riverside County MINIMUM REPAIR COST $ 5,500.00 39 UP TO 50 $200.00 40 51 UP TO 100 $170.00 41 101 TO 250 $140.00 42 251 TO 500 $120.00 43 501 TO 1000 $100.00 44 > 1000 $90.00 45 Remove and Replace 8�� Curb Only Per Riverside County MINIMUM REPAIR COST $ low 5,500.00 $210.00 $170.00 $140.00 46 UP TO 50 51 U P TO 100 101 TO 250 47 48 49 251 TO 500 $120.00 50 501 TO 1000 $85.00 51 > 1000 $75.00 52 Remove and Replace ADA Curb Ramp Per Riverside County MINIMUM REPAIR COST $ 8,000.00 1 TO 5 $9,500.00 53 54 6 TO 10 $8,500.00 55 UP TO 15 $8,000.00 56 Retrofit Truncated Domes on Existing Surface & Grind existing lip to 0 curb face MINIMUM REPAIR COST 1 TO 5 $ 500 .00 5,500$1,200.00 57 58 6 TO 10 $1,300.00 59 UP TO 15 $1,200.00 60 Sidewalk Ramping MINIMUM REPAIR COST 5,500.00 61 UP TO 100 $35.00 62 101 TO 500 $35.00 63 >500 $35.00 64 Sidewalk Grinding MINIMUM REPAIR COST 5,500.00 607 65 UP TO 100 $60.00 66 101 TO 500 $40.00 67 >500 $40.00 68 Sidewalk Patching MINIMUM REPAIR COST $ 5,500.00 69 UP TO 100 $50.00 70 101 TO 500 $45.00 71 >500 $35.00 72 Doweling 2 Sack Slurry Provide and Install Base MINIMUM REPAIR COST 1 UP TO 5 5 500.00 73 $300.00 74 $800.00 75 UP TO 20 $700.00 76 1 $625.00 77 3 $250.00 .1: WE R BUILDERS, INC. 3746 FOOTHILL BLVD., #304, GLENDALE, CA 91214 LABORER COST-PLUS RATES 714.874.5275 I OPERATIONSp@WRBCONSTRUCTION.COM (FORM: WRB.T&M.LBR.24) DIR #1000884610 1 LICENSE #1055746 THROUGH i" IE 30 2024 PROJECT MANAGEMENT CLASS CODE STRAIGHT -TIME OVER -TIME DOUBLE-TIME PROJECT ADMINISTRATOR PADM $80.00 $100.00 $120.00 PROJECT ENGINEER 1 PEG $85.00 $115.00 $130.00 PROJECT ENGINEER PEG2 $92.00 $130.00 $155.00 PROJECT ENGINEER PEG3 $105.00 $140.00 $160.00 SUPERINTENDENT PMSP $135.00 $190.00 $225.00 PROJECT MANAGER PMPM $150.00 $200.00 $250.00 SENIOR PROJECT MANAGER PMSR $205.00 $275.00 $325.00 LABORERS CLASS CODE STRAIGHT -TIME OVER -TIME DOUBLE-TIME GENERAL FOREMAN LAGF $145.00 $170.00 $220.00 FOREMAN LAFM $120.00 $140.00 $190.00 GROUP 4 - PIPE LAYER, C&S LAG4 $107.00 $135.00 $180.00 GROUP 3 - PIPELINE BACKUP MAN LAG3 $105.00 $132.00 $170.00 GROUP 2 - CHUTE MAN LAG2 $103.00 $130.00 $165.00 GROUP 1 - GENERAL LAG 1 $100.00 $128.00 $160.00 APPRENTICE - 6TH PERIOD (85%) LAA6 $90.00 $120.00 $145.00 OPERATING ENGINEERS CLASS CODE STRAIGHT -TIME OVER -TIME DOUBLE-TIME OPERATOR FOREMAN, (APPDX. A) OEFM $140.00 $200.00 $235.00 OPERATOR GROUP 3, (APPDX. A) OEG3 $135.00 $190.00 $225.00 OPERATOR GROUP 8, (APPDX. A) OEG8 $1 38.00 $1 95.00 $230.00 TEAMSTERS CLASS CODE STRAIGHT -TIME OVER -TIME DOUBLE-TIME GROUP 10 - WORKING TRUCK DRIVER TDG10 $1 10.00 $140.00 $170.00 CEMENT MASONS CLASS CODE STRAIGHT -TIME OVER -TIME DOUBLE-TIME CEMENT MASON FOREMAN CMFM $135.00 $190.00 $225.00 CEMENT MASON JOURNEYMAN CMJM $110.00 $140.00 $185.00 CEMENT MASON CARPENTER CMCR $115.00 $137.00 $188.00 NOTE(S) / TERMS - UNLESS THE CONTRACT BID DOCUMENTS DEEM OTHERWISE, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY. • THE RATES PROPOSED HEREIN CONSIST OF WRB'S IN-HOUSE EMPLOYEE'S RATES ONLY. ALL LABOR, EQUIPMENT, MATERIAL, SUPPLIES, PRODUCTS OR SUBCONTRACTORS, PROVIDED BY A THIRD -PARTY SHALL BE COMPENSATED FOR PER THE FOLLOWING: MATERIAL, SUBCONTRACTORS, SUBSISTENCE, OUTSIDE EQUIPMENT RENTALS, MACHINERY RENTALS, TOOLS RENTALS, COSTS IN FUEL FOR SUCH RENTALS, PERMITS, INSPECTIONS, AND OTHER RELATED COSTS OR FEES WILL BE BILLED AT COSTS PLUS (+) SALES TAX (AS APPLICABLE) PLUS (+) MARKUPS OF 1 0% FOR OVERHEAD, AND PLUS (+) MARKUPS OF 1 5% FOR PROFITS. • ALL RATES ARE PROVIDED ASSUMING PROVIDING SUCH SERVICES DURING STANDARD WORK HOURS (BETWEEN THE HOURS OF 7AM - 4PM). • OVERTIME RATES: SHIFT(S) SHALL BE COMPENSATED FOR PER UNION AGREEMENT(S). IF UNSCHEDULED ON -CALL EMERGENCY DISPATCHES OCCUR AFTER CREW WORKED THEIR STANDARD 8-HOUR WORK SHIFT, OVERTIME/DOUBLE-TIME RATES MAY APPLY AT THE BEGINNING OF THE WORK SHIFT, DEPENDENT ON CREWS TOTAL HOUR WORKED, AND PER UNION AGREEMENT(S). • FOREMAN'S & TRUCK DRIVERS SHALL BE COMPENSATED FOR ONE ADDITIONAL (+1) WORKHOUR (ST, OT, OR DT) PER WORK -SHIFT, IN ADDITION TO THE WORK HOURS REPORTED FOR THE CREW'S WORK SHIFT(S). • TRAVEL TIME: BILLING TIME WILL BEGIN ONCE EMPLOYEES ARE DISPATCHED, AND END UPON THEIR RETURN TO THE COMPANY FACILITY. • SUBSISTENCE: LODGING & MEALS FOR MANAGEMENT, SUPERINTENDENTS & GENERAL FOREMAN WILL BE BILLED, WHEN DEEMED ADEQUATE, AT ACTUAL COSTS, PLUS MARK-UP AT 1 5%. • WE R BUILDERS, INC. WILL PROVIDE/MAINTAIN UNDERGROUND SERVICE ALERT (USA) NOTIFICATIONS FOR ALL WORK CONDUCTED WITHIN OUR WORK LIMITS, FOR THE DURATION OF OUR WORK, WHILE PERFORMING OUR SERVICES. ON ALL EMERGENCY WORK DISPATCHED DURING DIG ALERT'S NON-OPERATING/BUSINESS HOURS, WE R BUILDERS, INC. WILL CONDUCT WORK TO COMPLY WITH APPLICABLE AUTHORITY(S) WITH JURISDICTION STANDARDS AND REGULATIONS, TO PROPERLY ACCOMMODATE THE CIRCUMSTANCE ON -HAND. • ALL WAGE SCALES PRESENTED HEREIN ARE SUBJECT TO CHANGE WITHOUT NOTICE. • THIS DOCUMENT DOES NOT INCLUDE ALL LABOR CLASSIFICATIONS. ADDITIONAL LABOR CLASSIFICATIONS ARE AVAILABLE UPON REQUEST(S). SOME WORK AREAS MAY BE SUBJECT TO SPECIAL WAGE AGREEMENTS; IF APPLICABLE, FEES WILL BE BILLED ACCORDINGLY. • THESE TERMS SHALL EXTEND AND APPLY TO THE ATTACHED EQUIPMENT RATES, AS APPLICABLE. • INVOICES WILL BE ISSUED ON A WEEKLY BASIS (UNLESS OTHERWISE PROVIDED BY WE R BUILDERS, INC. AT A LATER DATE), AND TO BE PAID UPON RECEIPT. DELINQUENT PAYMENTS 7-DAYS OVERDUE WILL INCUR IN A 1 .50% INTEREST SURCHARGE AND WILL ACCRUE FOR EVERY TWO WEEKS PAYMENTS ARE DELINQUENT THEREAFTER). 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Authorize Director of Finance to reduce FY 2024-25 PLHA Grant Revenue Account No. 2250000-3340000 in the amount of $521,016, to reflect revised award in the amount of $439, 873. 2. Authorize Director of Finance to reduce PLHA Transfer Out Account No. 2254199-4501000 to General Fund Account No. 1100000-3910000 in the amount of $165,000 for a restated Transfer Out from PLHA of $100,000 in accordance with revised award from PLHA. 3. Authorize Director of Finance to increase PLHA Transfer Out Account No. 2254199-4501000 to General Fund Account No. 1100000-391000 in the amount of $141,873 to reimburse costs associated with prior year FY 2023-24 expenditures. BACKGROUND/ANALYSIS : On May 28, 2020, the City Council adopted the City's Five -Year Permanent Local Housing Allocation (PLHA) Plan, which is overseen by the California Department of Housing and Community Development (HCD). At that time, it was projected that the City would receive approximately $1,028,000 over the five-year period to support programs addressing homelessness. The PLHA program is financed through a $75 recording fee on real estate documents, aimed at increasing the supply of affordable housing. As such, this funding is subject to annual fluctuations in fee revenue. Currently, PLHA funds are used to support the following homelessness related costs: Current Purpose Annual Contracts Amount City Net (City's outreach provider) Pays for two full time outreach workers (Monday $150,000 — Friday) that provide the following services: Street outreach, case management, housing navigation, and referrals to local shelters. Coachella Valley Rescue Mission Reserves Five Shelter Beds per month for $45,000 (shelter access) homeless individuals only from the City of Palm Desert. Coachella Valley Association of Provides Two primary methods to housing $100,000 Government's (CVAG) Coachella Valley solutions: Rapid resolution, crisis stabilization Housing First Program (housing units, and street outreach. access) Page 1 of 2 613 City of Palm Desert Revise Permanent Local Housina Allocation The Formula Allocation distributed by HCD on December 29, 2023 indicated that Palm Desert would receive $960,889 allocation as of July 2, 2024. However, staff received notice that an error in the allocation had occurred and on July 1, 2024 by HCD, HCD provided their Conditional Award and Commitment letter for PLHA in the much -reduced amount of $439,873. This change requires an adjustment to the FY 2024-25 affected budget line items to reflect the revised grant amounts and prior year reimbursements. The following adjustments are needed: 1) Revenue reduction to Account No. 2250000-3340000 in the amount of $521,016. 2) Reduction to Transfer Out Account No. 2254199-4501000 in the amount of $165,000. 3) Increase to Transfer Out Account No. 2254199-4501000 in the amount of $141,873. FISCAL ANALYSIS: The changes to the FY 2024-25 budget remain within the contracted amounts for current homelessness services, therefore there is no additional impact to the General Fund with this action. Additionally, in FY 2023-24 funds available were less than expended. Pursuant to the PLHA advancement program instructions, costs incurred within one year prior to commitment may be included as part of allowable expenses. Therefore, a portion of the FY 2024-25 will reimburse the General Fund for amounts paid in excess of the PLHA Revenue. Fiscal Year 2024-25 PLHA Budget Reconciliation Original PLHA Revenue Estimate $960,889 Necessary Adjustment to Revised Award ($521,016) Revised PLHA Revenue Estimate $439,873 Less: Approved Contracts/Expenditures Professional Other (City Net/CVRM) ($195,000) Transfer Out to General Fund (CV Hsg/Bus Pass) ($100,000) FY 2023-24 Allowable Expenses (Reimb GF) ($141,873) Remaining PLHA Grant Balance $3,000 ATTACHMENT: 1. December 29, 2023 PLHA Formula Allocation Round 4 Awardee List 2. July 1, 2024 NOFA Conditional Award Letter Round 4 Page 2of2 614 LO 8 a �I a AA of �A�NW m mmvmm N A ry mA�11mA pp�1ppN a pV mmpm���pp mN NMpUD h1 a 1pp�� NIrrrNAa0Y N �1°A nmArp N A NVNAmma pQQppm 01 m oA �CrEpppA�I1/��ppF,e+1 WN rnm O� N If1 V O (^J ;01 �C/ 0 A O1 N fV h:R°10 p�M°j1�qqO��p OI �f Ep {�1h rNNwNN N N N N N H w Nw N N N N N N N N w w M N N N 4/ N. N N N N w w N N N N N N N w aavvvvvvvvvvvvvaaaeevaavvvvvavcvvvavaseeeasa N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a�1P 1D O O 1� B1a 1a� �1a i0 G mV A R Pl 01 r r Ol 1° M Ny�p lq 1pN V 1P fy V M W A �N100M A NAo(A�V1 N r Cf M M If��N Asap OO ppNi°1f�p r 1001 O r I� M fp�ep fO ED V°�M Y] 1p ep�l qi Oiy�{O�OA � a0 vI �r� f0 Y] 1D Opr�pp�lO�p�mm16�1 r aC� W N n fV EO l"1 O1111 rmN N 4! 10 aD A If1 m r r f0 N N 1�1 Of r In O/A fp °1 !A N A NA9 fV N O1pM N r O_ off N 0001 A mID N 10 N N ONE M�1D Ip O� N N NNNwNNNNNNw wwwNN NNNN Nww1A fA NNNNNN Vl GOLO 4040 N 4444 q 3 hN 47 m��p pA lryry[lA W 014�0 QAj ENp�"'pryp Of IR �neND Ncpp lr�m N 1/r0� l fOyl 1000 N N O a�p� u71OTOO hY y�O1N�pN V V OOO l�l V1 r0 In OyN NNN7f^1 C-4 N �� N N NwNwNNw N N w Nw w M N 1p qMqpp Ol a0 1O m aA0 M 1�N�fppl 1Vp 1e+D 1e!O�� OV/1tpO 1A N yq��1t�7A 41 t�1 N moN 0 Nip 01 •-v7 A'Q a N N E ma+"m pN�E �NIN�f �y O vO11 pmp�� fON MM N190p 11pp1 �aMj ENp V V QO� N w 00 ho(V �pVp� ��y N A 1° MM 0 �(myy N1°NR1t 0 (VN�7 �Vp M 1pO� e a V O r N V N N ppNA� 1° V r N 6 Y �a NNNw w NNNwwwww N N Nww w w NN N N w N 1v � C p� �O�yy N MN �(pp NN r MN N of pp Ep D ONaD t (� gyp rOC G1 1OAA N 1lf 10 may +n 1fI O1�10010a y N �� N q VY40 �a N N N wN w W (y N w Vs 19N N wN w 1A �g of m� 4� 'p° � UO :cUSE z A$ o9.2 l0 431= C O C E6�B�U107 C L@ C C C M6ss60 7p�� y } } u. E �ii m 001 i061 f0 t°IONrNr�/p1D/ONbaD f01D f0 A4ONwNi°�101DN�10ArO11°OG i 0 f01DNwOI N r h o V E� }° E _'R$�g� 4&_ 55C�� 1°'U1CaV o _'� �� me?Em �g�_.�� � °° d 3 5zc 5 �88aa� �E�Wm}N�-. fU ga°m� ° y o ba��CO O O O Is 16 `O `O O O o o't° `o "° `° A� `° O cpq c Q C 00000 UUUUC3UUV000UC3UUFUUUUUUUC3UUVUUUUUC] C3000 mmE�ima�imEa�imiimEa�imaiimwmmwcmm a Eaci�dii� m E E E E ' E E m E F E m $' E E E E E m m�2cc E E E j E E E ... E E m� E E ��� EEmaiEE m FF m m 1 a 32. IMLU iw y� aLU L. c. uEiu�iw uFiu�iuF7 �ww�NW` $ z z z z z zz zzzz zz z z S -c E o W V a fU m gS$ '� > m bOr ms. @ 4@@' '—� ° 9t c �c 3 c at y �oETL c31ii�w}ZL $ E' c yam a O zc�� E oBv1U a3� `°6-azaIB-6 .6.6.SSa�'S`o'Soo'S'S'S'S'S °$o5$S5So°o %z Tii0iUiUCUtUi3i3t>s� U�.UUL)(JOUQ VtUtU[Ui>is,iUtU�tUiU 616 STATE OF CALIFORNIA - BUSINESS CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM. Govemor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF STATE FINANCIAL ASSISTANCE 2020 W. El Camino Avenue, Suite 670, 95833 P. O. Box 952054�" Sacramento, CA 94252-2054 (916)263-2771 www.hod.ca.gov July 1, 2024 Todd Hileman, City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Todd Hileman: RE: Conditional Award Commitment and Acceptance of Terms and Conditions Permanent Local Housing Assistance, Round 4, Notice of Funding Availability, Fiscal Year 2023/2024 City of Palm Desert - City of Palm Desert Contract No. 20-PLHA-15179 The California Department of Housing and Community Development ("Department" or "HCD") issued a Permanent Local Housing Assistance (PLHA), Round 4, Notice of Funding Availability on December 29, 2023. The Department is now pleased to inform you of this conditional award to City of Palm Desert "Awardee". This conditional award is a grant in the amount of $439,873 (the "Conditional Award") for the above -referenced project (the "Project") and includes the following: Program Award Amount Contract Number Operating Costs for Permanent Supportive $439,873 20-PLHA-15179 Housing The Conditional Award is based on and subject to the Applicant Representations and the Terms and Conditions of Conditional Award, both as further specified and described in this notice of the Conditional Award (the "Conditional Award Commitment"). This Conditional Award may only be accepted by timely delivery of a fully executed Acceptance of Terms and Conditions of Conditional Award form to the Department (an executed copy of this form is enclosed herein). I. Applicant Representations — Basis of Conditional Award In response to the above -mentioned NOFA, the Awardee(s) submitted an application for grant funding of the Project (that application, and all communications and documentation submitted to the Department in support thereof, the "Application"). The Department is making this Conditional Award to the Awardee(s) on the basis of, and in reliance upon, the representations, warranties, projections, and descriptions that the Awardee(s) submitted as part of the Application (the "Applicant Representations"). 617 Permanent Local Housing Assistance, NOFA, Round 4, Conditional Award Commitment City of Palm Desert - City of Palm Desert Contract No. 20-PLHA-15179 July 1, 2024 Page 2 The Department may rescind this Conditional Award if the Department discovers, at any time prior to disbursement of the Conditional Award, that the Applicant Representations included material misrepresentations or omissions, regardless of whether or not such misrepresentations or omissions were innocent, unintentional, and/or based upon belief. II. Terms and Conditions of Conditional Award TIME IS OF THE ESSENCE IN THE SATISFACTION OF THESE TERMS AND CONDITIONS OF CONDITIONAL AWARD. The Department may rescind this Conditional Award if any of the terms and conditions enumerated in this Section II (the "Terms and Conditions of Conditional Award") are not timely satisfied. The Terms and Conditions of this Conditional Award and their corresponding timelines are described below. If the Terms and Conditions of this Conditional Award are timely satisfied, the Department will (i) promptly provide a written notification to the Awardee via electronic mail; and (ii) circulate an executed copy of an STD 213, Standard Agreement, for all appropriate signatures and approvals in accordance with the timeline specified in Section III of this Conditional Award Commitment. All timelines shall be calculated in calendar days. Any deadline falling on a weekend or State of California holiday shall be extended to the next business day. A. Timely Execution of Acceptance of Terms and Conditions of Conditional Award Form The Awardee shall execute and deliver a copy of the enclosed Acceptance of Terms and Conditions of Conditional Award to the Department within ten (10) calendar days of the date of this Conditional Award Commitment. The Department will deem this condition to be unsatisfied if it receives an executed Acceptance of Terms and Conditions of Conditional Award that has been substantively modified, altered, or amended in any way. The signed Acceptance of Terms and Conditions of Conditional Award form must be submitted to PLHA(cD-hcd.ca.Qov. W. Permanent Local Housing Assistance, NOFA, Round 4, Conditional Award Commitment City of Palm Desert - City of Palm Desert Contract No. 20-PLHA-15179 July 1, 2024 Page 3 III. Delivery of Standard Agreement In an effort to be responsive to each Awardee's closing needs and to ensure timely commitment of funds, the Department commits to delivering an executed copy of the Standard Agreement relative to this Conditional Award within ninety (90) calendar days of receiving all required documents, including all legally sufficient Authorization and Organizational Documents, in connection with this Project and as applicable. Congratulations on your successful application. For further information, please contact Kelsey Barraza, PLHA Program Manager, Program Design and Implementation Branch, at (916) 820-1287 or Kelsey. Barraza(a)-hcd.ca.Qov. Sincerely, Jennifer Seeger Deputy Director Division of State Financial Assistance Enclosure: Acceptance of Terms and Conditions of Conditional Award form California Department of Housing and Community Development Permanent Local Housing Assistance, Round 4 Notice of Funding Availability Acceptance of Terms and Conditions of Conditional Award City of Palm Desert ("Awardee") City of Palm Desert ("Project') Permanent Local Housing Assistance NOFA award totaling $439,873 ("Conditional Award"), as detailed below: Program Award Amount Contract Number Operating Costs for Permanent Supportive $439,873 20-PLHA-15179 Housing By signing this Acceptance of Terms and Conditions of Conditional Award, the Awardee acknowledges having read and fully understood the terms and conditions of the Conditional Award Commitment, dated July 1, 2024, in connection with this Project. In addition, the Ayfardee must acknowledge that it has reviewed and verified the accuracy of the roject r repared by the Department no later than N/A. -7 od/1 'q / Ze 2-`f d Hileman, City Manager Date City of Palm Desert " For HCD Use Onlv'• o Authorized Representatives Verified ❑ All Parties Signed Date Received: 620 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner SUBJECT: RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 AND AGREEMENTS RECOMMENDATION: 1. Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP NO. 38431-1." 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements. 3. Authorize the City Manager to execute the agreements. 4. Authorize the Mayor to execute an agreement for the construction and maintenance of a portion of public right-of-way. BACKGROUND/ANALYSIS: On November 17, 2022, the City Council approved the Refuge Specific Plan (SP22-0001), a request by Refuge Palm Desert, LLC (Applicant), 17755 Sky Park Cir, Ste 101, Irvine, CA 92614 to establish five planning areas, up to 969 residential dwelling units, and related improvements on a 106.4-acre site located at the southwest corner of Gerald Ford Drive and Rembrandt Parkway. Concurrently, the City Council approved Tentative Tract Map 38434 (TTM 38434) by Resolution No. 2022-93, to subdivide a 93.56-acre portion of the proposed site into one condominium lot (14.29 acres) and 339 single-family residential lots and its associated clubhouse, open space, retention basins, and infrastructure (approximately 78 acres). On September 5, 2023, the Planning Commission approved, by Resolution No. 2841, a request to modify the layout to reduce the previously approved TTM 38434 to 332 single-family residential lots and modify pad elevations. On March 5, 2024, the Planning Commission approved, by Resolution No. 2859, an additional request by the Applicant to modify pad elevations. TTM 38434 identified Lot A as a private open space lot totaling 1.16 acres. However, a portion of Lot A of TTM 38434, approximately 0.13 acres or 5,821 square feet, is public right-of-way (Explorer Drive), which is owned by the City of Palm Desert (City) and is now considered excess right-of-way. The Refuge Specific Plan included a vehicular circulation plan that designed a curvature of the proposed future extension of Explorer Drive, which created an excess portion of right-of-way. At a future date, the City intends to convey the 0.13-acre excess right-of-way to the Applicant. Resolution No. 2022-93 and subsequent approvals did not include conditions of approval for Lot A. Final Tract Map 38434-1 omits the 0.13-acre excess right-of-way within Lot A for the approval and recordation of the map. Upon approval, the City will enter into an agreement with the Page 1 of 3 621 City of Palm Desert Resolution ADDrovina Final Tract MaD No. 38431-1 Applicant for maintenance and infrastructure obligations of the excess right-of-way, which will remain in effect until the City conveys the 0.13 acres to the Applicant. In addition, the City processed and approved an application for a Parcel Map Waiver (PMW23- 0006) for a lot line adjustment creating the boundaries of the condominium lot (14.29 acres) identified in TTM 38434. The Certificate of Compliance and perfecting deeds have been recorded in the official records of Riverside County. The Final Tract Map No. 38434-1 (FTM 38434-1) is a phased portion of the map that includes 135 single-family residential lots, 10 public street and infrastructure lots, 11 lots of open space including retention basins, and one lot for the clubhouse (approximately 38.23 acres). The phasing of TTM 38434 was permitted through Condition of Approval No. 21 of Resolution No. 2022-93, with approval of the City Engineer and financial securities for all public improvements associated with the phase. The Covenants, Conditions, and Restrictions (CC&Rs) of the Homeowner's Association (HOA) document the maintenance obligations for the proposed site, which include maintaining all lots reserved for open space, landscaping and storm drain purposes, and all landscaping located in the public right-of-way adjacent to private property and within medians and roundabouts within the community. The Subdivision Improvement Agreements (SIA) and Grading Agreement and associated bonds were subsequently submitted by the applicant to guarantee the completion of construction. The City Engineer has determined that FTM 38434-1 meets the application requirements of the Subdivision Map Act and the City's ordinances. The Final Map has been deemed technically correct by the City Engineer, and the Conditions of Approval in the resolution have been satisfied for FTM 38434-1. This item was considered at the July 11, 2024, City Council meeting and was continued to August 22, 2024, to allow for more time to review all the documents associated with the item. Leading up to the July 11, 2024 meeting, the City received multiple complaints on the project with a focus on construction activity, pad elevations, and drainage. City staff had individual meetings and conversations with homeowners, created a project website on the City website to centralize project history, plans, and inspections, and conducted a community meeting at City Hall on June 25, 2024 to respond to resident questions and complaints. The following has occurred between July 11 and August 22, 2024: • The developer finalized the "Del Webb Explore Action Plan" which included: o Enhanced dust control measures o Centralized e-mail and phone number to submit resident concerns o Process to request property damage claims o Information and reasoning on drainage design • City staff and the developer have continued to log and respond to resident concerns and inquiries which have focused on location of construction equipment, physical damage to surrounding properties, pad elevations, and drainage concerns. Both City staff and the developer have created a centralized log to input and respond to concerns in a timely Page 2of3 622 City of Palm Desert Resolution ADDrovina Final Tract MaD No. 38431-1 manner. City staff receives updates from the developer on complaints received and responses. • The City website has been continuously updated with information on the "Refuge Development," including posting the "Del Webb Explore Action Plan." • The Applicant provided updated securities estimates to include an additional bond in the amount of $1,711,957 to account for a revised engineering estimate on the street and storm drain bond. Legal Review: This report has been reviewed by the City Attorney's office. Environment Review: The proposed Final Map is a project under CEQA. The adoption of the Final Map is exempt from CEQA under Section 15268(b) of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA Guidelines). Section 15628(b) exempts ministerial approval by public agencies from CEQA. Final Maps are specifically cited as a type of ministerial permit. Therefore, this project qualifies for the identified exemption. FINANCIAL IMPACT: There is no direct impact to the General Fund with this action. However, once the proposed public streets are completed and accepted, their long-term maintenance will be the responsibility of the City of Palm Desert. ATTACHMENTS: 1. Resolution 2. Conditions of Approval of Resolution Nos 3. Tentative Tract Map 38434 4. Final Tract Map 38434-1 5. Grading Agreement 6. Grading Bond 7. Subdivision Improvement Agreement 8. Subdivision Improvement Bonds 9. Grant of Easement for Explorer Drive 10. Emergency Access Agreement 11. Maintenance and Easement Agreement 12. Vicinity Map 13. Public Comment 14. Explorer Action Plan 2022-93, 2841, and 2859 Page 3of3 623 624 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 38434-1. WHEREAS, Parcel Map conforms to the requirements of the Subdivision Map Act and City Ordinances; and WHEREAS, the Tentative Tract Map 38434 (TTM38434) was approved to subdivide 93.5 acre site into 1 condominium lot (14.29 acres) and 332 single family residential lots (approximately 70 acres): and WHEREAS, the TTM 38434 identified Lot A as a private open space lot totaling 1.16 acres which included a portion of city right of way (5,821 square feet) of Explorer Drive. The future extension of Explorer Drive was designed to curvature the street resulting in portion of public right of way to be an excess area. The TTM 38434 identified this area as private open space; and WHEREAS, the Final Subdivision Map of Tract Map 38434-1 has been approved by the City Engineer as a phasing map and securities posted for the associated phases. Final Subdivision Map of Tract 38434-1 includes 135 single family residential lots, 10 lots for public streets, 11 lots for private open space, and 1 lot for the clubhouse (38.23 acres). It has excluded the 5,821 square foot portion of right of way. City will execute a maintenance and easement agreement for that portion of right of way with Applicant to be maintained in perpetuity: and WHEREAS, the Final Subdivision Map of Tract Map 38434-1, has met the Conditions of Approval for this project (Resolution Nos. 2022-93, 2841, and 2859). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Final Subdivision Map of Parcel Map 38434-1, City of Palm Desert, California, is hereby approved as the official map of said tract, subject to the conditions of the Tentative Map. SECTION 3. The Director of Development Services is directed to process the Parcl Map for recording upon receipt of the required payment of all fees. SECTION 4. Effective Date. This Resolution shall take effect immediately upon this adoption. 625 Resolution No. 2024- Page 2 ADOPTED ON , 2024. KARINA QUINTANILLA, MAYOR ATTEST: ANTHONY J. MEJIA, CITY CLERK 626 Resolution No. 2024- Page 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-_ 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 2024. ANTHONY J. MEJIA CITY CLERK 627 m DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REVISION TO APPROVED PAD ELEVATIONS FOR TENTATIVE TRACT MAP 38434 TO ACCOMMODATE A 332 SINGLE-FAMILY HOME RESIDENTIAL DEVELOPMENT ON A 93.56- ACRE PROJECT SITE SOUTH OF GERALD FORD DRIVE AND WEST OF PORTOLA ROAD WITHIN THE REFUGE SPECIFIC PLAN AREA (APNS: 694-310-009 & 694-31-011) CASE NOS. TTM 38434 (TTM23-0002) WHEREAS, the City Council of the City of Palm Desert, California, did on the 17t" day of November 2022, adopt Resolution No. 2022-93, adopting a Mitigated Negative Declaration (MND) of Environmental Impact pursuant to the California Environmental Quality Act (CEQA), and approving the Refuge Specific Plan; and WHEREAS, the City Council of the City of Palm Desert, did on the 17t" day of November 2022, hold a duly noticed public hearing and adopt City Council Resolution No. 2022-94 to approve Tentative Tract Map (TTM) 38434 to subdivide 93.56 acres into individual parcels, including one (1) lot for condominium purposes, 339 single-family residential lots, and lots for public streets, private streets, and open space areas within the Refuge Specific Plan ("Specific Plan"); and WHEREAS, Pulte Homes ("Applicant"), submitted a TTM Revision application to revise Tentative Tract Map 38434 to subdivide 93.56 acres into individual parcels, including one (1) lot for condominium purposes, 332 single-family residential lots, and lots for public streets, private streets, and open space areas ("Project") within the Specific Plan; and WHEREAS, the Project site has a land use designation of Town Center Neighborhood (TCN) in the General Plan adopted on November 10, 2016, and zoning designation of Refuge Specific Plan adopted on November 17, 2022; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5t" day of September 2023, hold a duly noticed public hearing and adopted Planning Commission Resolution No. 2841, with conditions of approval, to approve the request by the Applicant for a revision to TTM 38434; and WHEREAS, Planning Commission Resolution No. 2841 approved pad elevations for the development based on a Preliminary Grading Plan dated August 17, 2023; and WHEREAS, the Applicant submitted an application for a Rough Grading permit which proposed revisions to the aforementioned approved pad elevations, approved by Planning Commission Resolution No. 2841; and WHEREAS, the Project can be found consistent with the previously adopted Mitigated Negative Declaration of Environmental Impact pursuant to the California Environmental Quality Act (CEQA) and corresponding Mitigation Monitoring Report Program, adopted via Council Resolution No. 2022-93; and 629 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5t" day of March 2024, hold a duly noticed public hearing to consider the request by the Applicant for a revision to the approved pad elevations for TTM 38434; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report exist to justify approval of said request; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Findings on Tentative Tract Map. Under PDMC Section 26.20.100(C), the findings for the tentative map are the following: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The map has been found to be consistent with the density, lot development standards, and land uses of the Specific Plan and the General Plan Land Use Designation for the Town Center Neighborhood. No changes to density are proposed as part of this action. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvement of the subdivision is consistent with the applicable Specific Plan requirements for lot standards, the circulation, and distribution of land uses. No changes to design or improvement are proposed as part of this action. 3. That the site is physically suitable for the type of development. The site is physically suitable for the mix of single-family and multi -family housing development. The site has suitable access, grading, drainage, and zoning to allow the development. 4. That the site is physically suitable for the proposed density of development. The site is physically suitable for the density of development. The allowable density for the site has been evaluated by the General Plan. The Applicant has prepared the appropriate technical studies to assess that the site is physically suitable to 630 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 develop. The MND for the Specific Plan identifies required mitigation. No changes to density are proposed as part of this action. 5. That the design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The design of the subdivision and improvements will not cause damage or substantially injure wildlife habitat. The subject property is in an urbanized area of Palm Desert and is adjacent to major roadways, including Gerald Ford Drive. The site is vacant and surrounded by residential development to the west and commercial development to the east. A biological assessment of the site was prepared for the Specific Plan and did not identify suitable habitats for wildlife that could be damaged or affected as a result of the development of the Project. Ground -disturbing activities for the development of the Project shall comply with the Migratory Bird Treaty Act, as well as preparation of a burrowing owl survey prior to ground -disturbing activities and prior to the removal of vegetation or tree removal shall ensure no habitat is damaged. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design of the subdivision is not likely to cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslides, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Ground - disturbing activities are conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with the Specific Plan and will not adversely affect public health. SECTION 3. Project Approval. The Planning Commission approval for a revision to the approved pad elevations for Tentative Tract Map 38434, subject to the Conditions of Approval attached hereto as Exhibit "A" and subject to the pad elevation matrix attached hereto as Exhibit "B". ADOPTED ON March 5, 2024 DocuSigned by: C043234D53CF410... JOSEPH PRADETTO CHAIRPERSON ATTEST: uK1ID,ocuS'i^gned Jbyy: j("� 37DB692259454EC... RICHARD D. CANNONE, AICP SECRETARY 631 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2859 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on March 5, 2024, by the following vote: AYES: DELUNA, GREENWOOD, GREGORY, PRADETTO NOES: NONE ABSENT: HOLT ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on March _19_, 2024. FuK1ID,/� ocuS'i^gned Jby: ('� 37DB692259454EC... RICHARD D. SECRETARY CANNONE, AICP Cl 632 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. TTM 38434 PLANNING DIVISION: The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions. 2. The approved pad elevations for this project shall remain consistent with the pad elevations identified on Exhibit B of this resolution, as shown on the Rough Grading plan dated 2-12-2024, prepared by MSA Consulting, as part of Rough Grading permit RG23- 0005. 3. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer's approval of counsel, which shall not be unreasonably denied, and at the Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third -party litigation of project approvals without the Developer's consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 4. All conditions of approval included in Planning Commission Resolution No. 2841 shall be adhered to as part of this approval and project. END OF CONDITIONS OF APPROVAL 5 633 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 Exhibit B Approved Pad Elevations Matrix Tentative Tract Map Lot Number 1 Tentative Final Tract Final Tract Tract Map Lot Pad Map Lot Map Lot Pad Elevations Number Elevations Difference FTM-TTM 0.1 Final Tract Number 38434-1 (Phase 1) 294.4 1 294.5 2 294.2 2 294.2 0.0 38434-1 (Phase 1) 3 293.9 3 294.0 0.1 38434-1 (Phase 1) 4 293.7 4 293.7 0.0 38434-1 (Phase 1) 5 293.4 5 293.4 0.0 38434 -1 (Phase 1) 6 294.0 6 293.4 -0.6 38434-1 (Phase 1) 7 293.8 7 293.7 -0.1 38434-1 (Phase 1) 8 293.6 8 294.0 0.4 38434-1 (Phase 1) 9 294.1 9 293.4 -0.7 38434-1 (Phase 1) 10 294.3 10 293.8 -0.5 38434-1 (Phase 1) 11 294.5 11 294.2 -0.3 38434-1 (Phase 1) 12 294.8 1 294.6 -0.2 38434 (Phase 2) 13 295.0 2 294.8 -0.2 38434 (Phase 2) 14 295.3 3 295.1 -0.2 38434 (Phase 2) 15 295.5 4 295.3 -0.2 38434 (Phase 2) 16 295.8 5 295.6 -0.2 38434 (Phase 2) 17 296.0 6 295.9 -0.1 38434 (Phase 2) 18 296.2 296.5 297.0 297.2 297.5 7 296.2 0.0 38434 (Phase 2) 19 20 21 8 9 10 296.3 -0.2 38434 (Phase 2) 38434 (Phase 2) 38434 (Phase 2) 296.5 -0.5 296.9 -0.3 22 11 297.2 -0.3 38434 (Phase 2) 23 297.7 12 297.5 -0.2 38434 (Phase 2) 24 297.9 13 297.8 -0.1 38434 (Phase 2) 25 298.2 14 298.1 -0.1 38434 (Phase 2) 26 298.4 15 298.4 0.0 38434 (Phase 2) 27 298.7 16 298.7 0.0 38434 (Phase 2) 28 298.9 17 298.9 0.0 38434 (Phase 2) 29 299.1 18 298.7 -0.4 38434 (Phase 2) 30 299.3 19 298.8 -0.5 38434 (Phase 2) 31 299.7 20 299.2 -0.5 38434 (Phase 2) 32 299.9 21 299.4 -0.5 38434 (Phase 2) 33 300.1 22 299.6 -0.5 38434 (Phase 2) 34 300.4 23 300.0 -0.4 38434 (Phase 2) 35 300.6 24 300.4 -0.2 38434 (Phase 2) 634 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 36 300.8 25 300.8 0.0 38434 (Phase 2) 37 301.1 26 300.8 -0.3 38434 (Phase 2) 38 301.5 27 301.3 -0.2 38434 (Phase 2) 39 301.8 28 301.6 -0.2 38434 (Phase 2) 40 302.0 29 301.9 -0.1 38434 (Phase 2) 41 302.3 30 302.2 -0.1 38434 (Phase 2) 42 302.5 31 302.5 0.0 38434 (Phase 2) 43 302.7 32 302.8 0.1 38434 (Phase 2) 44 303.0 33 303.1 0.1 38434 (Phase 2) 45 303.2 34 303.4 0.2 38434 (Phase 2) 46 304.0 35 303.7 -0.3 38434 (Phase 2) 47 304.0 36 303.7 -0.3 38434 (Phase 2) 48 303.8 37 303.4 -0.4 38434 (Phase 2) 49 303.5 38 303.1 -0.4 38434 (Phase 2) 50 303.2 39 302.8 -0.4 38434 (Phase 2) 51 303.7 40 303.2 -0.5 38434 (Phase 2) 52 303.9 41 303.9 0.0 38434 (Phase 2) 53 303.7 42 304.0 0.3 38434 (Phase 2) 54 303.6 43 303.7 0.1 38434 (Phase 2) 55 304.6 44 304.1 -0.5 38434 (Phase 2) 56 304.6 45 304.8 0.2 38434 (Phase 2) 57 305.0 46 304.5 -0.5 38434 (Phase 2) 58 306.1 47 305.6 -0.5 38434 (Phase 2) 59 306.5 48 306.2 -0.3 38434 (Phase 2) 60 307.0 49 306.8 -0.2 38434 (Phase 2) 61 307.5 50 307.4 -0.1 38434 (Phase 2) 62 308.0 51 307.9 -0.1 38434 (Phase 2) 63 308.5 52 308.3 -0.2 38434 (Phase 2) 64 308.5 53 308.3 -0.2 38434 (Phase 2) 65 308.0 54 307.9 -0.1 38434 (Phase 2) 66 308.0 33 307.6 -0.4 38434-1 (Phase 1) 67 308.2 34 307.9 -0.3 38434-1 (Phase 1) 68 307.9 35 307.7 -0.2 38434-1 (Phase 1) 69 307.7 308.8 36 307.4 37 308.5 38 309.5 39 310.3 40 311.7 -0.3 38434-1 (Phase 1) 70 71 72 73 -0.3 38434-1 (Phase 1) 309.8 -0.3 38434-1 (Phase 1) 310.8 -0.5 38434-1 (Phase 1) 311.7 0.0 38434-1 (Phase 1) 74 312.7 41 313.3 0.6 38434-1 (Phase 1) 75 313.6 42 314.3 0.7 38434-1 (Phase 1) 76 314.4 43 314.7 0.3 38434-1 (Phase 1) 635 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 77 315.1 44 315.2 0.1 38434-1 (Phase 1) 78 315.4 45 315.7 0.3 38434-1 (Phase 1) 79 316.2 46 316.1 -0.1 38434-1 (Phase 1) 80 316.9 47 316.7 -0.2 38434-1 (Phase 1) 81 317.7 48 317.6 -0.1 38434-1 (Phase 1) 82 318.5 49 318.4 -0.1 38434-1 (Phase 1) 83 318.0 50 319.4 1.4 38434-1 (Phase 1) 84 319.7 51 319.9 0.2 38434-1 (Phase 1) 85 317.2 52 317.9 0.7 38434-1 (Phase 1) 86 316.2 53 317.0 0.8 38434-1 (Phase 1) 87 315.0 54 315.9 0.9 38434-1 (Phase 1) 88 313.8 55 314.9 1.1 38434-1 (Phase 1) 89 312.6 56 313.9 1.3 38434-1 (Phase 1) 90 311.3 57 312.6 1.3 38434-1 (Phase 1) 91 310.6 58 311.3 0.7 38434-1 (Phase 1) 92 310.5 59 310.0 -0.5 38434-1 (Phase 1) 93 311.2 60 312.5 1.3 38434-1 (Phase 1) 94 312.4 61 313.8 1.4 38434-1 (Phase 1) 95 313.7 62 314.9 1.2 38434-1 (Phase 1) 96 314.9 63 315.8 0.9 38434-1 (Phase 1) 97 316.1 64 316.7 0.6 38434-1 (Phase 1) 98 317.2 65 317.5 0.3 38434-1 (Phase 1) 99 314.2 66 315.0 0.8 38434-1 (Phase 1) 100 313.3 67 314.0 0.7 38434-1 (Phase 1) 101 312.2 68 313.0 0.8 38434-1 (Phase 1) 102 311.1 69 311.9 0.8 38434-1 (Phase 1) 103 310.0 70 311.0 1.0 38434-1 (Phase 1) 104 309.0 71 310.0 1.0 38434-1 (Phase 1) 105 305.8 72 307.1 1.3 38434-1 (Phase 1) 106 304.8 73 306.0 1.2 38434-1 (Phase 1) 107 303.8 74 304.9 1.1 38434-1 (Phase 1) 108 302.7 75 303.7 1.0 38434-1 (Phase 1) 109 301.6 76 302.5 0.9 38434-1 (Phase 1) 110 300.5 77 301.3 78 300.2 79 299.0 80 297.9 81 296.8 0.8 38434-1 (Phase 1) 111 112 113 114 299.4 0.8 0.7 38434-1 (Phase 1) 298.3 38434-1 (Phase 1) 297.2 0.7 38434-1 (Phase 1) 296.2 0.6 38434-1 (Phase 1) 115 295.1 82 295.7 0.6 1 38434-1 (Phase 1) 116 294.0 83 294.6 0.6 38434-1 (Phase 1) 117 292.9 84 293.6 0.7 38434-1 (Phase 1) 636 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 118 295.9 85 295.9 0.0 38434-1 (Phase 1) 119 297.0 86 296.6 -0.4 38434-1 (Phase 1) 120 298.1 87 298.8 0.7 38434-1 (Phase 1) 121 299.2 88 299.9 0.7 38434-1 (Phase 1) 122 300.3 89 301.1 0.8 38434-1 (Phase 1) 123 301.4 90 302.3 0.9 38434-1 (Phase 1) 124 302.4 91 303.4 1.0 38434-1 (Phase 1) 125 303.5 92 304.6 1.1 38434-1 (Phase 1) 126 304.6 93 305.8 1.2 38434-1 (Phase 1) 127 305.7 94 307.0 1.3 38434-1 (Phase 1) 128 306.8 95 308.1 1.3 38434-1 (Phase 1) 129 307.9 96 309.1 1.2 38434-1 (Phase 1) 130 309.0 97 310.0 1.0 38434-1 (Phase 1) 131 310.0 98 311.0 1.0 38434-1 (Phase 1) 132 311.1 99 311.9 0.8 38434-1 (Phase 1) 133 312.2 100 313.0 0.8 38434-1 (Phase 1) 134 313.3 101 314.0 0.7 38434-1 (Phase 1) 135 314.2 102 314.8 0.6 38434-1 (Phase 1) 136 312.4 103 311.6 -0.8 38434-1 (Phase 1) 137 308.8 104 309.1 0.3 38434-1 (Phase 1) 138 308.8 105 308.2 -0.6 38434-1 (Phase 1) 139 306.0 106 307.3 1.3 38434-1 (Phase 1) 140 304.7 107 306.1 1.4 38434-1 (Phase 1) 141 303.6 108 304.8 1.2 38434-1 (Phase 1) 142 302.5 109 303.6 1.1 38434-1 (Phase 1) 143 301.4 110 302.3 0.9 38434-1 (Phase 1) 144 300.3 111 301.1 0.8 38434-1 (Phase 1) 145 299.3 112 299.8 0.5 38434-1 (Phase 1) 146 298.2 113 298.6 0.4 38434-1 (Phase 1) 147 297.1 114 297.4 0.3 38434-1 (Phase 1) 148 296.0 115 296.3 0.3 38434-1 (Phase 1) 149 295.0 116 295.2 0.2 38434-1 (Phase 1) 150 305.7 117 306.1 0.4 38434-1 (Phase 1) 151 305.9 306.1 118 305.8 119 305.6 120 305.9 121 306.1 122 306.3 -0.1 38434-1 (Phase 1) 38434-1 (Phase 1) 38434-1 (Phase 1) 38434-1 (Phase 1) 38434-1 (Phase 1) 152 153 154 155 -0.5 306.4 -0.5 306.6 -0.5 306.8 -0.5 156 307.0 123 306.7 -0.3 38434-1 (Phase 1) 157 307.0 124 306.8 -0.2 38434-1 (Phase 1) 158 306.4 125 306.3 -0.1 38434-1 (Phase 1) 637 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 159 305.8 126 305.9 0.1 38434-1 (Phase 1) 160 305.3 127 305.7 0.4 38434-1 (Phase 1) 161 304.9 128 305.0 0.1 38434-1 (Phase 1) 162 304.3 129 304.7 0.4 38434-1 (Phase 1) 163 303.8 130 304.1 0.3 38434-1 (Phase 1) 164 303.2 131 303.5 0.3 38434-1 (Phase 1) 165 302.7 132 302.8 0.1 38434-1 (Phase 1) 166 302.1 133 302.3 0.2 38434-1 (Phase 1) 167 301.5 134 302.0 0.5 38434-1 (Phase 1) 168 301.0 135 301.7 0.7 38434-1 (Phase 1) 169 303.1 23 303.8 0.7 38434-1 (Phase 1) 170 303.6 24 304.3 0.7 38434-1 (Phase 1) 171 304.1 25 304.7 0.6 38434-1 (Phase 1) 172 305.5 26 305.1 -0.4 38434-1 (Phase 1) 173 305.5 27 305.5 0.0 38434-1 (Phase 1) 174 305.5 28 305.8 0.3 38434-1 (Phase 1) 175 306.0 29 306.0 0.0 38434-1 (Phase 1) 176 306.3 30 306.3 0.0 38434-1 (Phase 1) 177 306.7 31 306.6 -0.1 38434-1 (Phase 1) 178 307.0 32 307.1 0.1 38434-1 (Phase 1) 179 307.0 55 307.2 0.2 38434 (Phase 2) 180 306.7 56 306.5 -0.2 38434 (Phase 2) 181 306.3 57 306.0 -0.3 38434 (Phase 2) 182 306.0 58 305.5 -0.5 38434 (Phase 2) 183 305.7 59 305.2 -0.5 38434 (Phase 2) 184 305.5 60 305.0 -0.5 38434 (Phase 2) 185 305.8 76 305.3 -0.5 38434 (Phase 2) 186 306.0 77 305.5 -0.5 38434 (Phase 2) 187 306.3 78 305.8 -0.5 38434 (Phase 2) 188 306.5 79 306.0 -0.5 38434 (Phase 2) 189 306.7 80 306.3 -0.4 38434 (Phase 2) 190 307.0 81 306.5 -0.5 38434 (Phase 2) 191 305.1 82 304.6 -0.5 38434 (Phase 2) 192 304.2 303.7 303.1 302.5 302.0 83 303.7 84 303.2 85 303.0 86 302.2 87 301.8 -0.5 38434 (Phase 2) 193 194 195 196 -0.5 38434 (Phase 2) -0.1 38434 (Phase 2) -0.3 38434 (Phase 2) -0.2 38434 (Phase 2) 197 301.6 88 301.5 -0.1 38434 (Phase 2) 198 301.6 104 301.5 -0.1 38434 (Phase 2) 199 302.2 105 302.0 -0.2 38434 (Phase 2) DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 200 302.6 106 302.2 -0.4 38434 (Phase 2) 201 303.0 107 302.5 -0.5 38434 (Phase 2) 202 303.4 108 302.9 -0.5 38434 (Phase 2) 203 303.8 109 303.3 -0.5 38434 (Phase 2) 204 304.2 110 303.7 -0.5 38434 (Phase 2) 205 304.7 111 304.3 -0.4 38434 (Phase 2) 206 302.9 112 302.9 0.0 38434 (Phase 2) 207 302.8 113 302.7 -0.1 38434 (Phase 2) 208 302.6 114 302.5 -0.1 38434 (Phase 2) 209 302.4 115 302.3 -0.1 38434 (Phase 2) 210 302.2 116 302.0 -0.2 38434 (Phase 2) 211 301.9 117 301.7 -0.2 38434 (Phase 2) 212 301.7 118 301.4 -0.3 38434 (Phase 2) 213 301.5 119 301.2 -0.3 38434 (Phase 2) 214 301.2 120 300.8 -0.4 38434 (Phase 2) 215 301.0 121 300.6 -0.4 38434 (Phase 2) 216 301.1 138 300.6 -0.5 38434 (Phase 2) 217 301.3 139 300.9 -0.4 38434 (Phase 2) 218 301.4 140 301.1 -0.3 38434 (Phase 2) 219 301.6 141 301.3 -0.3 38434 (Phase 2) 220 301.8 142 301.6 -0.2 38434 (Phase 2) 221 302.0 143 301.8 -0.2 38434 (Phase 2) 222 302.2 144 302.0 -0.2 38434 (Phase 2) 223 302.4 145 302.3 -0.1 38434 (Phase 2) 224 302.6 146 302.5 -0.1 38434 (Phase 2) 225 302.8 147 302.7 -0.1 38434 (Phase 2) 226 302.9 148 302.9 0.0 38434 (Phase 2) 227 302.2 149 301.9 -0.3 38434 (Phase 2) 228 302.0 150 301.7 -0.3 38434 (Phase 2) 229 301.8 151 301.5 -0.3 38434 (Phase 2) 230 301.2 152 301.2 0.0 38434 (Phase 2) 231 301.4 153 300.9 -0.5 38434 (Phase 2) 232 301.1 154 300.7 -0.4 38434 (Phase 2) 233 234 235 236 237 300.9 300.7 300.5 300.3 300.4 155 300.4 156 300.1 157 299.8 158 299.6 173 299.9 -0.5 38434 (Phase 2) -0.6 38434 (Phase 2) -0.7 38434 (Phase 2) 38434 (Phase 2) -0.7 -0.5 38434 (Phase 2) 238 300.6 174 300.1 -0.5 38434 (Phase 2) 239 300.8 175 300.3 -0.5 38434 (Phase 2) 240 301.0 176 300.5 -0.5 38434 (Phase 2) 11 639 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 241 301.2 177 300.7 -0.5 38434 (Phase 2) 242 301.4 178 301.0 -0.4 38434 (Phase 2) 243 301.6 179 301.2 -0.4 38434 (Phase 2) 244 301.8 180 301.5 -0.3 38434 (Phase 2) 245 302.0 181 301.7 -0.3 38434 (Phase 2) 246 302.2 182 301.9 -0.3 38434 (Phase 2) 247 303.5 183 303.2 -0.3 38434 (Phase 2) 248 302.8 184 302.9 0.1 38434 (Phase 2) 249 302.6 185 302.7 0.1 38434 (Phase 2) 250 302.4 186 302.4 0.0 38434 (Phase 2) 251 302.2 187 302.1 -0.1 38434 (Phase 2) 252 302.0 188 301.9 -0.1 38434 (Phase 2) 253 301.8 189 301.6 -0.2 38434 (Phase 2) 254 301.6 190 301.4 -0.2 38434 (Phase 2) 255 301.4 191 301.1 -0.3 38434 (Phase 2) 256 301.0 192 300.6 -0.4 38434 (Phase 2) 257 300.0 193 300.3 0.3 38434 (Phase 2) 258 300.6 194 300.1 -0.5 38434 (Phase 2) 259 300.4 195 299.9 -0.5 38434 (Phase 2) 260 300.2 196 299.7 -0.5 38434 (Phase 2) 261 300.0 197 299.5 -0.5 38434 (Phase 2) 262 298.9 166 298.6 -0.3 38434 (Phase 2) 263 299.1 167 299.0 -0.1 38434 (Phase 2) 264 299.3 168 299.3 0.0 38434 (Phase 2) 265 299.5 169 299.6 0.1 38434 (Phase 2) 266 299.7 170 299.8 0.1 38434 (Phase 2) 267 299.9 171 300.1 0.2 38434 (Phase 2) 268 300.1 172 300.3 0.2 38434 (Phase 2) 269 300.0 159 300.4 0.4 38434 (Phase 2) 270 300.0 160 300.2 0.2 38434 (Phase 2) 271 299.8 161 300.0 0.2 38434 (Phase 2) 272 299.5 162 299.7 0.2 38434 (Phase 2) 273 299.3 163 299.3 0.0 38434 (Phase 2) 274 275 276 277 278 299.1 164 165 130 131 132 299.0 -0.1 38434 (Phase 2) 298.9 298.6 -0.3 38434 (Phase 2) 297.9 297.8 -0.1 38434 (Phase 2) 298.1 298.0 -0.1 38434 (Phase 2) 298.3 298.2 -0.1 38434 (Phase 2) 279 298.5 133 298.5 0.0 38434 (Phase 2) 280 298.7 134 298.7 0.0 38434 (Phase 2) 281 298.8 135 299.0 0.2 38434 (Phase 2) 12 e DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 282 299.0 136 299.2 0.2 38434 (Phase 2) 283 299.2 137 299.5 0.3 38434 (Phase 2) 284 299.4 122 299.7 0.3 38434 (Phase 2) 285 299.3 123 299.5 0.2 38434 (Phase 2) 286 299.1 124 299.3 0.2 38434 (Phase 2) 287 298.8 125 299.0 0.2 38434 (Phase 2) 288 298.6 126 298.6 0.0 38434 (Phase 2) 289 298.4 127 298.2 -0.2 38434 (Phase 2) 290 298.1 128 297.8 -0.3 38434 (Phase 2) 291 297.9 129 297.5 -0.4 38434 (Phase 2) 292 296.9 97 296.8 -0.1 38434 (Phase 2) 293 297.3 98 297.4 0.1 38434 (Phase 2) 294 297.7 99 297.9 0.2 38434 (Phase 2) 295 298.1 100 298.5 0.4 38434 (Phase 2) 296 298.7 101 299.0 0.3 38434 (Phase 2) 297 299.4 102 299.6 0.2 38434 (Phase 2) 298 300.1 103 300.2 0.1 38434 (Phase 2) 299 300.3 89 300.4 0.1 38434 (Phase 2) 300 299.8 90 300.0 0.2 38434 (Phase 2) 301 299.4 91 299.6 0.2 38434 (Phase 2) 302 299.0 92 299.2 0.2 38434 (Phase 2) 303 298.5 93 298.9 0.4 38434 (Phase 2) 304 298.1 94 298.5 0.4 38434 (Phase 2) 305 297.6 95 297.8 0.2 38434 (Phase 2) 306 296.9 96 296.8 -0.1 38434 (Phase 2) 307 296.0 68 295.7 -0.3 38434 (Phase 2) 308 296.2 69 296.3 0.1 38434 (Phase 2) 309 296.4 70 296.6 0.2 38434 (Phase 2) 310 296.7 71 296.8 0.1 38434 (Phase 2) 311 296.9 72 297.1 0.2 38434 (Phase 2) 312 297.2 73 297.5 0.3 38434 (Phase 2) 313 297.6 74 297.9 0.3 38434 (Phase 2) 314 297.8 75 298.1 0.3 38434 (Phase 2) 315 316 317 318 319 297.6 61 62 63 64 65 297.9 0.3 38434 (Phase 2) 297.3 297.6 0.3 0.2 -0.8 38434 (Phase 2) 297.1 297.3 38434 (Phase 2) 297.8 297.0 38434 (Phase 2) 296.6 296.8 0.2 38434 (Phase 2) 320 296.4 66 296.5 0.1 38434 (Phase 2) 321 296.1 67 296.0 -0.1 38434 (Phase 2) 322 294.9 22 294.8 -0.1 38434-1 (Phase 1) 13 641 DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 PLANNING COMMISSION RESOLUTION NO. 2859 323 295.1 21 295.1 0.0 38434-1 (Phase 1) 324 295.3 20 295.4 0.1 38434-1 (Phase 1) 325 295.5 19 295.7 0.2 38434-1 (Phase 1) 326 295.7 18 296.1 0.4 38434-1 (Phase 1) 327 295.9 17 296.4 0.5 38434-1 (Phase 1) 328 296.1 16 296.7 0.6 38434-1 (Phase 1) 329 296.2 15 296.9 0.7 38434-1 (Phase 1) 330 295.0 12 294.9 -0.1 38434-1 (Phase 1) 331 295.3 13 295.4 0.1 38434-1 (Phase 1) 332 295.5 14 295.7 0.2 38434-1 (Phase 1) 14 642 PLANNING COMMISSION RESOLUTION NO. 2841 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REVISION OF TENTATIVE TRACT MAP 38434 TO MODIFY THE LAYOUT TO ACCOMMODATE A 332 SINGLE- FAMILY HOME RESIDENTIAL DEVELOPMENT ON A 93.56-ACRE PROJECT SITE SOUTH OF GERALD FORD DRIVE AND WEST OF PORTOLA ROAD WITHIN THE REFUGE SPECIFIC PLAN AREA (APNS: 694-310-009 & 694-310-011) CASE NOS. TTM 38434 REVISION NO. 1 (TTM23-0002) WHEREAS, the City Council of the City of Palm Desert, California, did on the 171h day of November 2022, adopt Resolution No. 2022-93, adopting a Mitigated Negative Declaration (MND) of Environmental Impact pursuant to the California Environmental Quality Act (CEQA), and approving the Refuge Specific Plan; and WHEREAS, the City Council of the City of Palm Desert, did on the 17th day of November 2022, hold a duly noticed public hearing and adopt City Council Resolution No. 2022-94 to approve Tentative Tract Map (TTM) 38434 to subdivide 93.56 acres into individual parcels, including one (1) lot for condominium purposes, 339 single-family residential lots, and lots for public streets, private streets, and open space areas within the Refuge Specific Plan ("Specific Plan"); and WHEREAS, Pulte Homes ("Applicant"), submitted a TTM Revision application to revise Tentative Tract Map 38434 to subdivide 93.56 acres into individual parcels, including one (1) lot for condominium purposes, 332 single-family residential lots, and lots for public streets, private streets, and open space areas ("Project") within the Specific Plan; and WHEREAS, the Project site has a land use designation of Town Center Neighborhood (TCN) in the General Plan adopted on November 10, 2016, and zoning designation of Refuge Specific Plan adopted on November 17, 2022; and WHEREAS, the Project can be found consistent with the previously adopted Mitigated Negative Declaration of Environmental Impact pursuant to the California Environmental Quality Act (CEQA) and corresponding Mitigation Monitoring Report Program, adopted via Council Resolution No. 2022-93; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 51h day of September 2023, hold a duly noticed public hearing to consider the request by the Applicant for a revision to TTM 38434; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report exist to justify approval of said request; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and 643 PLANNING COMMISSION RESOLUTION NO. 2841 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Findings on Tentative Tract Map. Under PDMC Section 26.20.100(C), the findings for the tentative map are the following: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The map has been found to be consistent with the density, lot development standards, and land uses of the Specific Plan and the General Plan Land Use Designation for the Town Center Neighborhood. The TTM creates 332 single- family residential lots within Planning Areas 2 and 3. The number of lots is consistent with the minimum allowable density for the Specific Plan. All comply with the minimum requirements for lot sizes and dimensions established by the Specific Plan. The TTM provides for a circulation of public streets and private streets, which is consistent with the requirements of the Specific Plan. The tract provides for a distribution of open space and private amenity areas, which is consistent with the Specific Plan. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvement of the subdivision is consistent with the applicable Specific Plan requirements for lot standards, the circulation, and distribution of land uses. The dedications for public right-of-way are consistent with the applicable circulation elements of the Specific Plan. 3. That the site is physically suitable for the type of development. The site is physically suitable for the mix of single-family and multi -family housing development. The site has suitable access, grading, drainage, and zoning to allow the development. 4. That the site is physically suitable for the proposed density of development. The site is physically suitable for the density of development. The allowable density for the site has been evaluated by the General Plan. The Applicant has prepared the appropriate technical studies to assess that the site is physically suitable to develop. The MND for the Specific Plan identifies required mitigation. 5. That the design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 2 M PLANNING COMMISSION RESOLUTION NO. 2841 The design of the subdivision and improvements will not cause damage or substantially injure wildlife habitat. The subject property is in an urbanized area of Palm Desert and is adjacent to major roadways, including Gerald Ford Drive. The site is vacant and surrounded by residential development to the west and commercial development to the east. A biological assessment of the site was prepared for the Specific Plan and did not identify suitable habitats for wildlife that could be damaged or affected as a result of the development of the Project. Ground -disturbing activities for the development of the Project shall comply with the Migratory Bird Treaty Act, as well as preparation of a burrowing owl survey prior to ground -disturbing activities and prior to the removal of vegetation or tree removal shall ensure no habitat is damaged. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design of the subdivision is not likely to cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslides, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Ground - disturbing activities are conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with the Specific Plan and will not adversely affect public health. SECTION 3. Project Approval. The Planning Commission approval for a revision to Tentative Tract Map 38434, subject to the Conditions of Approval attached hereto as Exhibit "A" annuls the prior map approval under Resolution No. 2022-94. ADOPTED ON September 5, 2023 ATTEST: RICHARD D. CANNONE, AICP SECRETARY 1 S�f9r'- Jo�detto (Sep 12, 2023 11:06 PD 1 JOSEPH PRADETTO CHAIRPERSON 3 645 PLANNING COMMISSION RESOLUTION NO. 2841 I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2841 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on September 5, 2023, by the following vote: AYES: GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: DE LUNA and GREGORY IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on September P,1023. RICHARD D. CANNONE, AICP SECRETARY 1 4 MR PLANNING COMMISSION RESOLUTION NO. 2841 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. TTM 38434 REVISION NO. 1 PLANNING DIVISION: The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions. 2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer's approval of counsel, which shall not be unreasonably denied, and at the Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third -party litigation of project approvals without the Developer's consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC, and state and federal statutes now in force, or which hereafter may be in force. 4. The TTM shall expire if recordation of the said Project is not completed within two (2) years from date of the original approval (November 17, 2022) unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever. Expiration date of this map is November 17, 2024. 5. The approved TTM shall only be modified with written City approval in accordance with the requirements of the Specific Plan and Chapter 26.20 of the Palm Desert Municipal Code (PDMC). 5 647 PLANNING COMMISSION RESOLUTION NO. 2841 6. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department. 7. The Applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all the Conditions of Approval of Resolution No. 2841 for TTM 38434, and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision -making body. 8. Prior to the issuance of a building permit for construction of any use or structure contemplated by this approval, the Applicant shall first obtain permits and or clearance from the following agencies: Coachella Valley Water District (CVWD) Fire Department Building and Safety Division Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith. 9. The Applicant shall establish a homeowners' association (HOA). The HOA's responsibility for maintenance shall include but is not limited to maintenance of private amenity areas and open space, landscaping, stormwater retention, and related infrastructure. The final maintenance plan shall include detailed text and illustrative diagrams indicating areas of responsibility for maintenance and shall be subject to approval by the Director of Development Services and City Engineer. 10. Prior to approval of the final map, the Applicant shall submit a final phasing plan, which identifies the timing of roadway improvements and open space. A. The phasing plan shall indicate that full segments of Planning Area 5, shown as Lot "K" shall be completed and fully landscaped prior to the occupancy of any adjacent homes on Lots 1 through 46. B. The entire amenity area shown on Lot O shall be completed prior to the occupancy of the 200th unit within Planning Area 3. 11. The pad elevations of all lots shall be consistent with the approved preliminary grading plan included in the project file. Adjustments that increase or decrease the pad elevation by six inches (0'-6") or less shall be subject to review and approval by the Director of Development Services and City Engineer. Any change to a pad elevation shall require an adjustment to the grading and drainage plan for consistency. A. Adjustments that increase the approved pad elevations on Lots 1-46 by more than six (6) inches shall require approval by the Planning Commission. Exhibit B, attached to this resolution, provides the approved plan elevations for these lots, 0 PLANNING COMMISSION RESOLUTION NO. 2841 per the preliminary grading and drainage exhibit drafted by MSA Consulting, dated August 17, 2023. B. Adjustments that increase the pad elevations by more than six (6) inches on all other lots must be reviewed by the City Engineer and approved through the Director of Development Services. The Director of Development Services may refer the request to Planning Commission for approval. 12. The Applicant shall construct the circulation network for Street "A" and Street "B" as shown on the approved Specific Plan prior to any development within Planning Area 2 and/or Planning Area 3. 13. All mitigation measures identified in the Specific Plan Mitigated Negative Declaration (SCH# 2022100013) and the accompanying Mitigation Monitoring and Reporting Program (MMRP), shall be incorporated into the planning, design, development, and operation of the Project. 14. At recordation of the final map, the Applicant shall record an easement for a secondary Fire Department emergency access across Lot 333, which provides a connection between Street "A" and Street "B." LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT: 15. The following plans, studies, and exhibits are hereby referenced: Specific Plan, prepared by MSA Consulting and dated August 2022; TTM 38434 and dated August 25, 2023; Preliminary Grading, prepared by MSA Consulting, Inc. and dated August 17, 2022; Preliminary Utility Plan, prepared by MSA Consulting, Inc. and dated June 2022; Preliminary Hydrology Report, prepared by MSA Consulting, Inc. and dated August 18, 2022; and Preliminary Water Quality Management Plan, prepared by MSA Consulting, Inc. and dated August 19, 2022. 16. The map shall comply with the State of California Subdivision Map Act and with the City of PDMC Title 26, unless otherwise modified by the conditions listed herein. 17. It is assumed that easements shown on the preliminary grading exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report for the site will be required to be submitted during the technical plan review. The Applicant shall secure approval from all, if any, easement holders for all grading and improvements, which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternate actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary. 18.It is understood that the conceptual exhibits correctly show acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Qs, and that the omission or unacceptability may require that the Applicant amend or revise the site plan as may be. 7 �.. PLANNING COMMISSION RESOLUTION NO. 2841 19. All common areas will be permitted as shown on the tentative exhibit, subject to these Conditions of Approval and the Applicant providing adequate provisions, by means of a homeowners' association (HOA) or another equivalent responsible mechanism as approved by the City Engineer and City Attorney, for the continued and perpetual maintenance of these common areas, and on -site post -construction Best Management Practices (BMPs) to the satisfaction of the City Engineer and City Attorney. 20. The Applicant shall pay all, appropriate signalization fee prior to the issuance of the first building permit for the development in accordance with the City's Resolution No. 79-17 and 79-55. 21. The Applicant may choose to develop the tentative map in phases with the approval of the City Engineer. Financial security shall be provided for all public improvements associated with each phase of the map. The boundaries of any multiple map increment shall be subject to the approval of the City Engineer. The City Engineer may require the dedication and construction of necessary utility, street, or other improvements beyond the project boundary, if the improvements are needed for circulation, parking, access, or for the welfare or safety of the public. This approval must be obtained prior to the Applicant submitting a Phasing Plan to the California Bureau of Real Estate. 22. If the developer chooses to construct the project in phases, a Construction Phasing Plan for the construction of on -site public or private improvements shall be submitted for review and approved by the City Engineer. 23. Prior to map approval, the Applicant shall pay all, appropriate drainage fee in accordance with the City's Municipal Code Section 26.49 and Palm Desert Ordinance No. 653. 24. Prior to map approval, the Applicant shall pay all appropriate park fees in accordance with the City's Municipal Code Section 26.48.060. 25. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater Management and Discharge Ordinance. 26. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor. 27. Prior to approval of any implementing development project, planning area, parcel/tract map within the Refuge Specific Plan area, a development specific traffic letter shall be submitted to the City. The letter shall address consistency with the approved Specific Plan Traffic Impact Analysis assumptions. If it is determined that the proposed development is inconsistent with the approved report, the Applicant shall file an amendment to the approved traffic report describing the impacts of any proposed changes. 28. Prior to precise grading plan approval, the Applicant shall provide a Pedestrian Accessibility Route Plan that labels and indicates the path location and conceptual design of the following structures and facilities: N. 650 PLANNING COMMISSION RESOLUTION NO. 2841 A. Sidewalks and walks (public right of way sidewalk, walks within the development. B. Directional curb ramps. C. Vehicular crossings (at driveways) shall meet state and federal requirements. The Pedestrian Accessibility Route Plan shall clearly indicate structures that are proposed with the development and future per other phases and/or site plans. Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the California Building Code (current) and Americans with Disability Act (ADA) regulations. 29. Public improvements, constructed as part of the requirements for this project, that are non -compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the Project. 30. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No grading or other improvements shall be permitted until a final grading plan has been approved by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, PDMC Title 27 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert. 31. The grading plan shall provide for acceptance and proper disposal of all off -site drainage flowing onto or through the site. Should the quantities exceed the street capacity, the Applicant shall provide adequate drainage facilities and/or appropriate easements as approved by the City Engineer. 32. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification per Chapter 27 of the PDMC. 33. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood hazard/hydrology and hydraulics report for approval of the City Engineer. The report shall encompass the entire area of the subdivision and comply with all relevant laws, rules, and regulations governing the City of Palm Desert. Development specific recommendations for sizing of drainage facilities, systems, and conveyance systems shall be included for all areas within the subdivision. 34. All drainage and storm drain improvements shall be designed per PDMC Title 24, Riverside County Flood Control and Water Conservation District's standards for the Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules, and E 651 PLANNING COMMISSION RESOLUTION NO. 2841 regulations governing grading in the City of Palm Desert. 35. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such Evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at: Construction Stormwater General Permits I California State Water Resources Control Board. https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.htmI 36. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for review and approval. The Applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 37. Prior to issuance of grading permit, the Applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) for review and approval of the Land Development department. 38. Where grading involves import or export, the Applicant shall obtain permits from the Public Works Department, including import/export quantities and hauling route. 39. Prior to grading permit, it shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading shown on the grading plan exhibit. Proof shall be provided to the Land Development Division prior to issuance of grading permit. 40. It is assumed that the grading and the provisions for water quality management shown on the conceptual grading exhibit can comply with all requirements for a Final Water Quality Management Plan (F-WQMP), without substantial change from that shown. Prior to approval of the grading plan for each Precise Plan Landowner shall prepare, or cause to be prepared, a Final WQMP in conformance with the requirements of the Riverside County Flood Control and Water Conservation District (RCFC&WCD) Whitewater River Watershed area for approval of the City Engineer. 41. All post -construction BMPs shall be designed based on the City of Palm Desert's maximum infiltration criteria of one (1) inch/hour. 42. Prior to the issuance of a grading permit, the Applicant shall submit a signed and notarized WQMP Operations and Maintenance Agreement to the City. The agreement shall provide for the maintenance and operation of open space areas, common spaces such as parking lot and recreational facilities, trash disposal for common areas, and water quality BMP facilities, by either the property owners' association or the owners of each individual lot or unit as tenants in common. 43. The Applicant's Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall be inspected and signed -off by the City Public Works/CIP inspector. Coordinate inspection with staff and submit a completed verification form for review and approval. This condition will be at the 10 652 PLANNING COMMISSION RESOLUTION NO. 2841 discretion of the City Engineer. 44. Prior to the issuance of grading permit and in compliance with the City of PDMC Chapter 27.24, the Applicant shall enter into an agreement and post financial security guarantee for all grading work related to this Project. 45. Prior to the issuance of grading permit for each Precise Plan, the Applicant shall submit for review and approval of the City Engineer a final Geotechnical Report that includes project specific recommendations. 46. Prior to the start of grading activities, the Applicant shall install all erosion and dust control mechanisms for the site as approved by the City. 47. Upon completion of grading of each Precise Plan, the Project's Geotechnical Engineer shall certify to the completion of grading in conformance with the approved grading plans and the recommendations of the geotechnical report approved for this Project. A licensed land surveyor shall certify to the completion of grading in conformance with the lines and grades shown on the approved grading plans. 48. Prior to map recordation, the Applicant shall submit improvement plans for all public streets and improvements. A. Dedication of street on the final map shall be for public right-of-way purposes inclusive of street, drainage, and utility installation. B. The following streets have been identified as future public streets during the review process and are identified in the referenced tentative map exhibit: Portion/Extension of Julie Drive, Street "A", Street "B", Street "C", Street "D", Street "E", Street "F", Street "G", Street "H", Street "I", Street "J", Street "K", Street 1", Street "M", Street "N", Street "O", Street "P", Street "Q", and Street "R". 49. Final map shall show, as part of the Owner's Statement, retention of open space lots identified in the referenced tentative map exhibit. The following lots were identified as to be retained by ownership: Lot A through Lot O inclusive. A. Any changes to the ownership of the lots will require approval by the City Engineer and the Director of Public Works. B. Maintenance responsibilities for private common spaces and lots retained on the map shall be clearly detailed on the CC&Rs for the subdivision. 50. Final map shall show corner cutback dedication at all corner lots and public street intersections. Dedication at corner lots shall be adequate to accommodate all public infrastructure within the public street, including ADA compliant curb ramps. 51. Prior to the map recordation, the Applicant shall provide full-scale signing and striping improvement plans for all public streets as a separate set of plans from street improvement plans for review and approval by the City Engineer. Signing and striping plans shall show existing improvements and modifications including, but not limited to, bike lanes, roundabout(s), travel lanes, pavement markings, turning arrows, etc. 11 653 PLANNING COMMISSION RESOLUTION NO. 2841 52. Prior to final map approval, the Applicant shall pay a fair share contribution equivalent to 42.9% of the design and construction cost for the signalization of Gerald Ford Drive and Rembrandt Way/Vitalia Way intersection. 53. The final map may not be approved until the required improvements, as identified on these Conditions of Approval, have been satisfactorily constructed and approved by the City Engineer; or until an adequate security has been posted with the City, in accordance with PDMC Title 26. If construction is not completed prior to map recordation, the Applicant shall enter into a subdivision improvement agreement and post financial securities with the City for the required public improvements prior to map approval. The form and amount of the financial security shall be reviewed and approved by the City and be in compliance with PDMC Sections 26.28.030 and 26.28.040. 54. Prior to map recordation, unless corresponding securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements on Gerald Ford Drive in compliance with the Refuge Specific Plan. Improvements generally include, but not limited to: A. If not in place or constructed by others prior to the proposed map recordation: Street improvements, including meandering sidewalk, curb and gutter, and landscape and irrigation improvements along the Refuge Specific Plan boundary and transitioning to existing improvements to the east and west of the site. B. A Class II bicycle lane in accordance with Coachella Valley Association of Governments Active Transportation Planning (CVAG ATP) Design Guidelines Section 5.3. C. Improvements identified in these Conditions of Approval for public streets. D. The Applicant shall show, as reference only, all existing and proposed utility connections. Utility plans shall be processed and approved by CVWD. 55. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of Gerald Ford Drive/Rembrandt Parkway intersection improvements in compliance with the traffic report prepared for Refuge Specific Plan and approved by the City. Improvements generally include, but are not limited to: A. ADA compliant curb ramps. B. Installation of intersection improvements to provide: i. Northbound: one LT/TH lane, one (125 ft) FIT lane ii. Southbound: one shared LT/TH/RT lane iii. Eastbound: one LT lane, two TH lanes, one (150 ft) RT lane iv. Westbound: one (150 ft) LT lane, three TH lanes, one FIT lane v. Signalized intersection C. Applicant to pay for full cost of intersection and roadway improvements, excluding traffic signal. D. In addition, Applicant shall contribute a 42.9% of the total design and construction cost for intersection signalization and improvements. The amount shall be per the City's approved cost estimate and a form approved by the City Engineer. E. Design for traffic signal shall consider interconnect to adjacent signals on Gerald 12 654 PLANNING COMMISSION RESOLUTION NO. 2841 Ford Drive at Portola Avenue and at Gateway Drive shall be included as part of the design and construction cost estimates. 56. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements on Street "A" south of Gerald Ford Drive transitioning to proposed Street "A" in compliance with the Refuge Specific Plan and as identified in the traffic study. Improvements generally include but are not limited to: A. ADA compliant curb ramps at driveway crossings. B. Widening of Street "A" to a 44-foot roadway, north of the subdivision boundary to Gerald Ford Drive, providing landscape and sidewalk along both sides of the street. Street section shall provide for 44-foot roadway with the following geometries: i. Northbound: one lane ii. Southbound: one lane C. In addition, the design shall include shared bicycle and golf cart lanes between Gerald Ford Drive and the extension of Julie Lane. 57. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of Street "A"/Julie Lane intersection improvements in compliance with the Specific Plan Traffic Report recommendations. A. Applicant will be responsible for providing adequate right-of-way on the final map to accommodate all public infrastructure within the public right-of-way. Applicant will be the sole responsible party for any right-of-way acquisition, if any, that may be required in order to satisfy this Condition of Approval. B. Install intersection improvements: i. Roundabout per California Highway Design Manual (CA HDM) and Federal Highway Administration (FHWA) guidelines, including enhanced central island and accessible pedestrian crossing. ii. Modify existing westerly terminus of Julie Lane to join with required roundabout improvements. iii. Sidewalk facilities shall be provided surrounding the roundabout. iv. Landscape improvements within public right-of-way will be required surrounding the roundabout. 58. Prior to map recordation, unless securities are posted per Condition No. 53 or the improvements are found by the City Engineer to no longer be required, the Applicant is responsible for the construction and installation of Julie Lane/Portola Road intersection improvements in compliance with the Specific Plan traffic report recommendations. A. Install geometries to provide: i. Northbound: one LT, three TH lanes, one RT lane ii. Southbound: one LT, two TH lanes, one shared TH/RT lane iii. Eastbound: one LT lane, one shared TH/RT iv. Westbound: one LT lane, one TH lane, one FIT lane 13 655 PLANNING COMMISSION RESOLUTION NO. 2841 59. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements of Street "B", the westerly extension of existing Julie Lane. Improvements shall be provided on both sides of the street and generally include, but not limited to: curb and gutter, landscape and irrigation improvements, landscape buffered sidewalks along roadways. A. Proposed Street "B" shall extend and connect to proposed Street "F" as generally shown on the tentative map exhibit. Connection and roadway alignment shall be reviewed and approved by the City Engineer. B. All signing and striping shall follow California MUTCD standards. C. Proposed Street "B" and future condominium development parcel intersection shall be designed to include a mini roundabout per CA HDM and FHWA guidelines or as a three-legged intersection (T-intersection). Final design shall be reviewed and approved by the City Engineer. 60. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements on proposed local streets. Improvements shall be provided on both sides of the streets unless otherwise specified on these conditions of approval and generally include, but not limited to: curb and gutter, and landscape and irrigation improvements, and landscape buffered sidewalks along roadways. A. All signing and striping shall follow California MUTCD standards and be submitted as a separate set of plans for review and approval of the City Engineer. B. Parking along 36-foot-wide interior streets shall be limited to one side of the street only. C. Horizontal curves shall be designed per Highway Design Manual and shall provide adequate roadway expansion (widening) to safe vehicle circulation and movements. D. Street design shall incorporate a roundabout per CA HDM and FHWA guidelines at the intersection of proposed Street "C" and Street "G". E. Streets design shall incorporate mini roundabouts per CA HDM and FHWA guidelines at the intersection of proposed Street "G" and Street "J," as generally shown on the referenced tentative map exhibit. Final design shall be reviewed and approved by the City Engineer. 61. Prior to issuance of encroachment permit for public improvements and/or map recordation, whichever comes first, the Applicant shall enter into an agreement and post financial security guarantee for the construction of all off-site/public improvements in accordance with Chapter 27.24 of the PDMC. The form and amount of the financial security shall be reviewed and approved by the City Engineer. The Applicant shall guarantee all improvements for a period of one (1) year from the date of final acceptance and the improvement guarantee shall be backed by a bond or cash deposit in the amount of ten percent of the surety posted for the improvements. 62. Prior to the map recordation, the Applicant shall submit grading and improvement plans for all private improvements and common areas for review and approval of the City Engineer. 14 656 PLANNING COMMISSION RESOLUTION NO. 2841 A. Signing and striping shall be part of the plans and shall include stop signs and stop bars for vehicles exiting the amenities area parking lot. B. All private improvements shall be kept within private property. Non-standard encroachments into proposed public right-of-way will not be permitted, unless clearly identified on these Conditions of Approval. 63. Prior to approval of the improvement plans, the Applicant shall provide a full-scale signing and striping improvement plan for all public streets as a separate set of plans from street improvement plans for review and approval of the City Engineer. Signing and striping plans shall show existing improvements and modifications including, but not limited to, bike lanes, median break(s), travel lanes, pavement markings, turning arrows, etc. 64. Prior to a building permit for the first developed phase, proposed Street "A", Julie Lane, and Street "A"/Julie Lane intersection improvements shall be in constructed and accessible. Recommendations of the traffic report may be phased as approved by the City Engineer, but in no case shall defer installation or payment of fair share for traffic signal at Gerald Ford beyond the first developed phase. 65. Prior to a building final inspection, the Applicant is responsible for the completion of construction of all grading and improvements for which plans are required. 66. Prior to final building permit inspection or certificate of occupancy, the Applicant is responsible for the completion of all public improvements within the corresponding development phase. 67. Prior to City acceptance of all public streets, the Applicant shall have completed all building and construction activities related to each construction phase. Street capping shall be performed after the last Certificate of Occupancy is released. 68. Prior to bond release, punch list work for improvements and capping of streets for each construction phase shall be completed and approved for acceptance by the City Engineer. FIRE DEPARTMENT: 69. Fire Hydrants and Fire Flow: The water system shall be capable of delivering the required fire flow. Prior to PP (plot plan) approval, information shall be provided to the Office of the Fire Marshal regarding the building's occupancy type, construction type, building area, and whether the buildings will be protected with fire sprinklers. 70. Fire Department Access: Access roads shall extend to within 150 feet of all portions of the exterior building walls and shall have an unobstructed width of not less than 24 feet. Fire access driveways with a dead-end exceeding 150 feet in length shall be provided with an approved space to turn around the fire apparatus. The access roads shall be capable of sustaining 60,000 lbs. over two axles and 75,000 Ibs over three axles in all- weather conditions. Approved vehicle access, either permanent or temporary, shall be provided during construction. CFC 503.1.1, 3310.1 and 503.2.1 15 657 PLANNING COMMISSION RESOLUTION NO. 2841 71. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1. 72. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. 73. Fire Sprinkler System: All new commercial structures 3,600 square feet or larger shall be protected with a fire sprinkler system. Ref CFC 903.2 as amended by the City of Palm Desert. 74. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two- family dwellings per the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC 313.2. 75. Knox Box and Gate Access: Buildings shall be provided with a Knox Box installed in an accessible location approved by the Office of the Fire Marshal. Manual gates shall be equipped with approved Knox equipment. Electric gates shall be provided with Knox key switches. Electric gate operators shall also be connected to a remote signal receiver compatible for use with the preemption devices on the Riverside County fire apparatus. The gate shall automatically open upon receiving a remote signal from the fire apparatus. Ref. CFC 506.1. 76. Addressing: All residential dwellings and commercial buildings shall display street numbers in a prominent location on the street side of the premises and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01. 77. The proposed Project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The Project proponents/developers will be expected to provide for a proportional mitigation of these impacts via capital improvements and/or impact fees. 1 16 AM PLANNING COMMISSION RESOLUTION NO. 2841 1 1 1 EXHIBIT B APPROVED PAD ELEVATIONS FOR LOTS 1-46 Lot Number Approved Pad Elevation (NAVD 88) 1 294.4 2 294.2 3 293.9 4 293.7 5 293.4 6 294.0 7 293.8 8 293.6 9 294.1 10 294.3 11 294.5 12 294.8 13 295.0 14 295.3 15 295.5 16 295.8 17 296.0 18 296.2 19 296.5 20 297.0 21 297.2 22 297.5 23 297.7 24 297.9 17 659 PLANNING COMMISSION RESOLUTION NO. 2841 25 298.2 26 298.4 27 298.7 28 298.9 29 299.1 30 299.3 31 299.7 32 299.9 33 300.1 34 300.4 35 300.6 36 300.8 37 301.1 38 301.5 39 301.8 40 302.0 41 302.3 42 302.5 43 302.7 44 303.0 45 303.2 46 304.0 END OF CONDITIONS OF APPROVAL 1 1 1 •.1 RESOLUTION NO. 2022-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP (TTM) SUBDIVIDING A 93.56-ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND REMBRANDT PARKWAY CASE NO. TTM 38434 WHEREAS, Refuge Palm Desert LLC ("Applicant"), submitted a TTM application within the Refuge Specific Plan ("Specific Plan") to subdivide 93.56 acres into individual parcels including one lot for condominium purposes, 339 single-family residential lots, and lots for public streets, private streets, and open space areas ("Project"), and WHEREAS, the Project site has a land use designation of Town Center Neighborhood (TCN) in the General Plan adopted November 10, 2016, and zoning designation of Refuge Specific Plan adopted on November 17, 2022; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project may have a significant effect on the environment; and WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines) and a Mitigated Negative Declaration (MND), SCH# 2022100013 (EA 22-0001), and an accompanying Mitigation Monitoring and Reporting Program (MMRP), were prepared for the Project; and WHEREAS, the Project is consistent with the development density and use characteristics considered by the General Plan EIR, Refuge Specific Plan Mitigated and the TCN land use designation; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 181" day of October 2022, hold a duly noticed public hearing to consider the request by the Applicant and adopted Planning Commission Resolution No. 2821 recommending that the City Council approve the above -noted Project subject to findings and conditions of approval; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, the City Council of the City of Palm Desert, did on the 17th day of November 2022, hold a duly noticed public hearing, the City Council opened the public hearing, the City Council considered the request by the Applicant for the development of the Tentative Tract Map; and 661 Resolution No. 2022-94 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Findings on Tentative Tract Map. Under PDMC Section 26.20.100(C), the findings for the tentative map are the following: 1. That the density of the proposed subdivision is not consistent with applicable general and specific plans. The map has been found to be consistent with the density, lot development standards, and land uses of the Specific Plan and the General Plan Land Use Designation for Town Center Neighborhood. The TTM creates 339 single-family residential lots within Planning Areas 2 and Planning Area 3. The number of lots is consistent with the minimum allowable density for the Specific Plan. All comply with the minimum requirements for lot sizes and dimensions established by the Specific Plan. The TTM provides for a circulation of public streets and private streets, which is consistent with the requirements of the Specific Plan. The tract provides for a distribution of open space and private amenity areas, which is consistent with the Specific Plan. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. The design and improvement of the subdivision is consistent with the applicable Specific Plan requirements for lot standards, the circulation, and distribution of land uses. The dedications for public right-of-way are consistent with the applicable circulation elements of the Specific Plan. 3. That the site is not physically suitable for the type of development. The site is physically suitable for the mix of single-family and multi -family housing development. The site has suitable access, grading, drainage, and zoning to allow the development. 4. That the site is not physically suitable for the proposed density of development. The site is physically suitable for the density of development. The allowable density for the site has been evaluated by the General Plan. The Applicant has prepared the appropriate technical studies to assess that the site is physically suitable to develop. The MND for the Specific Plan identify required mitigation. 5. That the design of the subdivision ❑r the improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 662 Resolution No, 2022-94 Page 3 The design of the subdivision and improvements will not cause damage or substantially injure wildlife habitat. The subject property is in an urbanized area of Palm Desert and is adjacent to major roadways, including Gerald Ford Drive. The site is vacant and surrounded by residential development to the east and south and commercial development to the west. A biological assessment of the site was prepared for the Specific Plan and did not identify suitable habitats for wildlife that could be damaged or affected as a result of the development of the Project. Ground - disturbing activities for the development of the Project shall comply with the Migratory Bird Treaty Act, as well as preparation of a burrowing owl survey prior to ground - disturbing activities, and prior to the removal of vegetation or tree removal shall ensure no habitat is damaged. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. The design of the subdivision is not likely to cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslide, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Ground -disturbing activities are conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with the Specific Plan and will not adversely affect public health. SECTION 3. Project Approval. The City Council hereby approves TTM 38434 to the subject to the findings and Conditions of Approval. SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City's office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings. SECTION 5. Execution of Resolution. The Mayor signs this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED ON NOVEMBER 17, 2022. JAN C. HARNIK MAYOR ATTEST: , o�.�2_.rJz20928 PST) ANTHONY J. MEJIA CITY CLERK 663 Resolution No. 2022-94 Page 4 I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-94 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 November 17, 2022, by the following vote: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, AND HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on Nov 28, 2022 Ai,th ry M0i�209:28 PST} ANTHONY J. MEJIA CITY CLERK Resolution No. 2022-94 Page 5 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. TTM 38434 PLANNING DIVISION: 1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions. 2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer's approval of counsel, which shall not be unreasonably denied, and at the Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third -party litigation of project approvals without the Developer's consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC, and state and federal statutes now in force, or which hereafter may be in force. 4. The TTM shall expire if recordation of the said Project is not completed within two (2) years from the date of final approval unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever. 5. The approved TTM shall only be modified with written City approval in accordance with the requirements of the Specific Plan and Chapter 26.20 of the PDMC. 665 Resolution No. 2022-94 6. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department. 7. The Applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all the Conditions of Approval of Resolution No. 2821 for TTM 38434, and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision -making body_ 8. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the Applicant shall first obtain permits and or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Building and Safety Division Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith. 9. The Applicant shall establish a homeowners' association (HOA). The HOA's responsibility for maintenance shall include but is not limited to maintenance of private amenity areas and open space, landscaping, stormwater retention, and related infrastructure. The final maintenance plan shall include detailed text and illustrative diagrams indicating areas of responsibility for maintenance and shall be subject to approval by the Director of Development Services and City Engineer. 10. Prior to the recordation of the final map, the Applicant shall submit a final phasing plan, which identifies the timing of roadway improvements and open space. A. The phasing plan shall indicate that full segments Planning Area 5, shown as Lot "D" shall be completed and fully landscaped prior to the occupancy of any adjacent homes on Lots 1 through 46. B. The central amenity area shown on Lot Q shall be completed prior to the occupancy of the 2001h unit within Planning Area 3. 11. The pad elevations of all lots shall be consistent with the approved preliminary grading plan included with the project file. Adjustments which increase or decrease the pad elevation by six inches (0'-6") or less shall be subject to review and approval by the Director of Development Services and City Engineer. A_ Adjustments which increase the pad elevations by more than six (6) inches shall require approval by the Planning Commission. Resolution No. 2022-94 Page 7 12. The Applicant shall construct the circulation network for Street "A" and Street "B" as shown on the approved Specific Plan, prior to development within Planning Areas 2 and/or Planning Area 3. 13. All mitigation measures identified in the Specific Plan Mitigated Negative Declaration (SCH# 2022100013) and the accompanying Mitigation Monitoring and Reporting Program (MMRP), shall be incorporated into the planning, design, development, and operation of the Project. 14. At recordation of the final map, the applicant shall record an easement for a secondary Fire Department emergency access across Lot 340, which provides a connection between Street "A" and Street "B.". At the recordation of the condominium map on Lot 340, or time of filing of the condominium plan on Lot 340, or development for Lot 340, the easement shall be modified to provide secondary Fire Department emergency access across the parcel utilizing fire lanes within Lot 340. LAND DEVELOPMENT DIVISIONIPUBLIC WORKS DEPARTMENT: 15. The following plans, studies, and exhibits are hereby referenced: Specific Plan, prepared by MSA Consulting and dated August 2022; TTM 38434 and dated August 22, 2022; Preliminary Grading, prepared by MSA Consulting, Inc. and dated August 17, 2022; Preliminary Utility Plan, prepared by MSA Consulting, Inc. and dated June 2022; Preliminary Hydrology Report, prepared by MSA Consulting, Inc. and dated August 18, 2022; and Preliminary Water Quality Management Plan, prepared by MSA Consulting, Inc. and dated August 19, 2022. 16. The map shall comply with the State of California Subdivision Map Act and with the City of PDMC Title 26, unless otherwise modified by the conditions listed herein. 17. It is assumed that easements shown on the preliminary grading exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report for the site will be required to be submitted during technical plan review. The Applicant shall secure approval from all, if any, easement holders for all grading and improvements, which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternate actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary. 18. It is understood that the conceptual exhibits correctly show acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Qs, and that the omission or unacceptability may require that the Applicant amend or revise the site plan as may be. 19. All private streets and common areas will be permitted as shown on the tentative exhibit, subject to these Conditions of Approval and the Applicant providing adequate provisions, by means of a homeowners' association (HOA) or another equivalent responsible 667 Resolution No. 2022-94 mechanism as approved by the City Engineer and City Attorney, for the continued and perpetual maintenance of these streets, common areas, and on -site post -construction Best Management Practices (BMPs) to the satisfaction of the City Engineer and City Attorney. 20. The Applicant shall pay all, appropriate signalization fee prior to the issuance of the first building permit for the development in accordance with the City's Resolution No. 79-17 and 79-55. 21. The Applicant may choose to develop the tentative map in phases with the approval of the City Engineer_ Financial security shall be provided for all public improvements associated with each phase of the map. The boundaries of any multiple map increment shall be subject to the approval of the City Engineer. The City Engineer may require the dedication and construction of necessary utility, street, or other improvements beyond the project boundary, if the improvements are needed for circulation, parking, access, or for the welfare or safety of the public. This approval must be obtained prior to the Applicant submitting a Phasing Plan to the California Bureau of Real Estate. 22. If the developer chooses to construct the project in phases, a Construction Phasing Plan for the construction of on -site public or private improvements shall be submitted for review and approved by the City Engineer. 23. Prior to map approval, the Applicant shall pay all, appropriate drainage fee in accordance with the City's Municipal Code Section 26.49 and Palm Desert Ordinance No. 653. 24. Prior to map approval, the Applicant shall pay all appropriate park fees in accordance with the City's Municipal Code Section 26.48.060. 25. The Applicant shall comply with Palm Desert Ordinance No_ 843, Section 24.20 Stormwater Management and Discharge Ordinance. 26. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor. 27. Prior to approval of any implementing development project, planning area, parcel/tract map within the Specific Plan area, a development specific traffic letter shall be submitted to the City. The letter shall address consistency with the approved Specific Plan Traffic Impact Analysis assumptions. If it is determined that the proposed development is inconsistent with the approved report, the Applicant shall file an amendment to the approved traffic report describing the impacts of any proposed changes. 28. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No grading or other improvements shall be permitted until a final grading plan has been approved by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, PDMC Title 27 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert- Resolution No. 2022-94 Page 9 29. The grading plan shall provide for acceptance and proper disposal of all off -site drainage flowing onto or through the site. Should the quantities exceed the street capacity, the Applicant shall provide adequate drainage facilities and/or appropriate easements as approved by the City Engineer. 30. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification per Chapter 27 of the PDMC. 31. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood hazard/hydrology and hydraulics report for approval of the City Engineer_ The report shall encompass the entire area of the subdivision and comply with all relevant laws, rules, and regulations governing the City of Palm Desert. Development specific recommendations for sizing of drainage facilities, systems, and conveyance systems shall be included for the proposed development of Planning Areas (PA) 3, 4, and 5. 32. All drainage and storm drain improvements shall be designed per PDMC Title 24, Riverside County Flood Control and Water Conservation District's standards for the Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert. 33. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such Evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 34. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for review and approval_ The Applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 35. Prior to issuance of grading permit, the Applicant shall submit a Storm Water Pollution Prevention Plan (SW PPP) for review and approval of the Land Development department. 36. Where grading involves import or export, the Applicant shall obtain permits from the Public Works Department, including import/export quantities and hauling route. 37. Prior to grading permit, it shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading shown on the grading plan exhibit. Proof shall be provided to the Land Development Division prior to issuance of grading permit. 38. It is assumed that the grading and the provisions for water quality management shown on the conceptual grading exhibit can comply with all requirements for a Final Water Quality Management Plan (F-WQMP), without substantial change from that shown. Prior to approval of the grading plan for each Precise Plan Landowner shall prepare, or cause to be prepared, a Final WQMP in conformance with the requirements of the Riverside County Flood Control and Water Conservation District (RCFC&WCD) Whitewater River Watershed area for approval of the City Engineer. Resolution No. 2022-94 Page 10 39. All post -construction BMPs shall be designed based on the City of Palm Desert's maximum infiltration criteria of one (1) inch/hour, unless validated for a greater amount by a percolation test and approved by the City Engineer. 40. Prior to the issuance of a grading permit, the Applicant shall submit a signed and notarized WOMP Operations and Maintenance Agreement to the City. The agreement shall provide for the maintenance and operation of open space areas, common spaces such as parking lot and recreational facilities, trash disposal for common areas, and water quality BMP facilities, by either the property owners' association or the owners of each individual lot or unit as tenants in common. 41. Prior to issuance of grading permit and in compliance with the City of PDMC Chapter 27.24, the Applicant shall enter into an agreement and post financial security guarantee for all grading work related to this Project. 42. Prior to issuance of grading permit for each Precise Plan, the Applicant shall submit for review and approval of the City Engineer a final Geotechnical Reportthat includes project specific recommendations. 43. Prior to the start of grading activities, the Applicant shall install all erosion and dust control mechanisms for the site as approved by the City. 44. Upon completion of grading of each Precise Plan, the Project's Geotechnical Engineer shall certify to the completion of grading in conformance with the approved grading plans and the recommendations of the geotechnical report approved for this Project. A licensed land surveyor shall certify to the completion of grading in conformance with the lines and grades shown on the approved grading plans_ 45. Prior to map recordation, the Applicant shall submit improvement plans for all public streets and improvements. The following streets have been identified as future public streets during the review process: Street "A," Street " B," Street "C," Street T," Street "E," Street "F," Street "G," Street "H," Street "I," Street "J," Street °K," Street "L," and Street "M." All streets identified as alleys on the tentative exhibit shall be private. 46. Final map shall show corner cutback dedication at all corner lots and public street intersections. Dedication at corner lots shall be adequate to accommodate all public infrastructure within the public street, including ADA compliant curb ramps. 47. Prior to the map recordation, the Applicant shall provide full-scale signing and striping improvement plans for all public streets as a separate set of plans from street improvement plans for review and approval by the City Engineer. Signing and striping plans shall show existing improvements and modifications including, but not limited to, bike lanes, roundabout(s), travel lanes, pavement markings, turning arrows, etc. 48. Prior to final map approval, the Applicant shall pay a fair share contribution equivalent to 42.9% of the design and construction cost for the signalization of Gerald Ford Drive and Rembrandt WayNitalia Way/Street "A" intersection. 670 Resolution No. 2022-94 Page 11 49. The final map may not be approved until the required improvements, as identified an these Conditions of Approval, have been satisfactorily constructed and approved by the City Engineer; or until an adequate security has been posted with the City, in accordance with PDMC Title 26. If construction is not completed prior to map recordation, the Applicant shall enter into a subdivision improvement agreement and post financial securities with the City for the required public improvements prior to map approval. The form and amount of the financial security shall be reviewed and approved by the City and be in compliance with PDMC Sections 26.28.030 and 26.28.040. 50. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant is responsible for the construction and installation of improvements on Gerald Ford Drive in compliance with the Specific Plan. Improvements generally include, but not limited to: Street improvements, including meandering sidewalk, curb and gutter, and landscape and irrigation improvements along the Specific Plan boundary and transitioning to existing improvements to the east and west of the site. A. A Class II bicycle lane in accordance with Coachella Valley Association of Governments Active Transportation Planning (CVAG ATP) Design Guidelines Section 5.3. B. Geometries and improvements identified in Condition No. 51 of these Conditions of Approval. C. The Applicant shall show, as reference only, all existing and proposed utility connections. Utility plans shall be processed and approved by CVW D. 51. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant is responsible for the construction and installation of Gerald Ford Drive/Vitalia Way intersection improvements in compliance with the Specific Plan_ Improvements generally include, but are not limited to: A. ADA compliant curb ramps. B. Install geometries to provide: 1. Northbound: one LT/TH lane, one (125 ft) RT lane 2. Southbound: one shared LT/TH/RT lane 3. Eastbound: one LT lane, two TH lanes, one (150 ft) RT lane 4. Westbound: one (150 ft) LT lane, three TH lanes, one RT lane C. Applicant to pay for full cost of intersection and roadway improvements, excluding traffic signal. D. In addition, Applicant shall contribute a 42.9% of the total design and construction cost for intersection signalization and improvements. The amount shall be per the City's approved cost estimate and a form approved by the City Engineer. E. Design for traffic signal shall consider interconnect to adjacent signals on Gerald Ford Drive at Portola Avenue and at Gateway Drive shall be included as part of the design and construction cost estimates. 671 Resolution No. 2022-94 Page 12 52. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant is responsible for the construction and installation of improvements on Vitalia Way south of Gerald Ford Drive transitioning to proposed Street "A" in compliance with the Specific Plan. Improvements generally include but are not limited to: A. ADA compliant curb ramps at driveway crossings and PA 1 of Specific Plan access points. B. Widening of Street "A" to a 44-foot roadway, providing landscape and sidewalk along both sides of the street. C. Install/modify street section to provide for 44-foot roadway with the following geometries: 1. Northbound: one lane 2. Southbound: one lane D. In addition, the design shall include shared bicycle and golf cart lanes between Gerald Ford Drive and the Project's southerly boundary. 53. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant is responsible for the construction and installation of Street "A"/Julie Drive intersection improvements in compliance with the Specific Plan Traffic Report recommendations. A. Applicant will be responsible for providing adequate right-of-way on the final map to accommodate all public infrastructure within the public right-of-way. Applicant will be the sole responsible party for any right-of-way acquisition, if any, that may be required in order to satisfy this Condition of Approval. 13_ Install intersection improvements- 1 . Roundabout per Federal Highway Administration (FHWA) guidelines, including enhanced central island and accessible pedestrian crossing. 2. Modify existing westerly terminus of Julie Drive to join with required roundabout improvements. 3. Sidewalk facilities shall be provided surrounding the roundabout. 4. Landscape improvements within public right-of-way will not be required along the south side of the circulatory roadway. 54. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant is responsible for the construction and installation of Julie ❑rive/Portola Road intersection improvements in compliance with the Specific Plan traffic report recommendations. A. Install geometries to provide: 1. Northbound: one LT, three TH lanes, one RT lane 2. Southbound: one LT, two TH lanes, one shared TH/RT lane 3. Eastbound' one LT lane, one shared TH/RT 4. Westbound: one LT lane, one TH lane, one RT lane 672 Resolution No. 2022-94 Page 13 55. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant is responsible for the construction and installation of improvements on interior public streets. Improvements generally include, but not limited to: Street improvements shall be provided on both sides of the streets unless otherwise specified on these Conditions of Approval. Improvements shall include curb and gutter, and landscape and irrigation improvements, and landscape buffered sidewalks along roadways. A. All signing and striping within public streets shall follow MUTC❑ standards. B. Street "C west of Lot "Q" between Street "J" and Street "I" shall be a one-way street with northbound direction_ Parallel parking will be allowed along the westerly side of the road. C. Street "C" east of Lot "Q" between Street "J" and Street "I" shall be a one-way street with southbound direction. Parallel parking will be allowed along the easterly side of the road. 56. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant is responsible for the construction and installation of proposed Street "B" and proposed Street "C" intersection improvements in compliance with the Specific Plan Traffic Report recommendations. A. Applicant shall provide roundabout per Federal Highway Administration (FHWA) guidelines, including enhanced central island and accessible pedestrian crossing. B. Applicant is responsible for design and construction of all improvements at this intersection. 57. Prior to issuance of encroachment permit for public improvements andlor map recordation, whichever comes first, the Applicant shall enter into an agreement and post financial security guarantee for the construction of all off-site/public improvements in accordance with Chapter 27.24 of the PDMC. The form and amount of the financial security shall be reviewed and approved by the City Engineer. The Applicant shall guarantee all improvements for a period of one (1) year from the date of final acceptance and the improvement guarantee shall be backed by a bond or cash deposit in the amount of ten percent of the surety posted for the improvements. 58. Prior to the map recordation, the Applicant shall submit grading and improvement plans for all private improvements and common areas for review and approval of the City Engineer. A. Signing and striping shall be part of the plans and shall include stop signs and stop bars for vehicles exiting the amenities area parking lot. B. All private improvements shall be kept within private property. Non-standard encroachments into proposed public right-of-way will not be permitted, unless clearly identified on these Conditions of Approval. 59. Prior to map recordation, the Applicant shall enter into an agreement with the City for the reimbursement of 42.9% of the design and construction costs associated with the design 673 Resolution No. 2022-94 Page 14 and signalization of Gerald Ford Drive and Rembrandt Way/Vitalia Way intersection. The form shall be approved by the City Attorney and the City Engineer. 60. Prior to approval of the improvement plans, the Applicant shall provide a full-scale signing and striping improvement plan for Gerald Ford Drive, Street "A," and Julie Drive as a separate set of plans from street improvement plans for review and approval of the City Engineer. Signing and striping plans shall show existing improvements and modifications including, but not limited to, bike lanes, median break(s), travel lanes, pavement markings, turning arrows, etc. 61. Prior to a building permit for the first developed phase, proposed Street "A" and Street "B" shall be in constructed and accessible. Recommendations of the traffic report may be phased as approved by the City Engineer, but in no case shall defer installation or payment of fair share for traffic signal at Gerald Ford beyond the first developed phase. 62. Prior to a building final inspection, the Applicant is responsible for the completion of construction of all grading and improvements for which plans are required. 63. Prior to final building permit inspection or certificate of occupancy, the Applicant is responsible for the completion of all public improvements within the corresponding development phase. 64. Prior to City acceptance of all public streets, the Applicant shall have completed all building and construction activities related to each construction phase. Street capping shall be performed after the last Certificate of Occupancy is released. 65. Prior to bond release, punch list work for improvements and, capping of streets for each construction phase shall be completed and approved for acceptance by the City Engineer. FIRE DEPARTMENT: 66. Fire Hydrants and Fire Flow: The water system shall be capable of delivering the required fire flow. Prior to precise plan (plot plan) approval, information shall be provided to the Office of the Fire Marshal regarding the building's occupancy type, construction type, building area, and whether the buildings will be protected with fire sprinklers. 67. Fire Department Access: Access roads shall extend to within 150 feet of all portions of the exterior building walls and shall have an unobstructed width of not less than 24 feet. Fire access driveways with a dead-end exceeding 150 feet in length shall be provided with an approved space to turnaround the fire apparatus_ The access roads shall be capable of sustaining 60,000 lbs. over two axels and 75,000 Ibs over three axles in all- weather conditions. Approved vehicle access, either permanent or temporary, shall be provided during construction. CFC 503.1.1, 3310.1 and 503.2.1 674 Resolution No. 2022-94 Page 15 68. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1 69. Phased Construction Access' If construction is phased, each phase shall provide approved access for fire protection prior to any construction. 70. Fire Sprinkler System: All new commercial structures 3,600 square feet or larger shall be protected with a fire sprinkler system. Ref CFC 903.2 as amended by the City of Palm Desert. 71. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two- family dwellings per the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC 313.2. 72. Knox Box and Gate Access: Buildings shall be provided with a Knox Box installed in an accessible location approved by the Office of the Fire Marshal. Manual gates shall be equipped with approved Knox equipment. Electric gates shall be provided with Knox key switches. Electric gate operators shall also be connected to a remote signal receiver compatible for use with the preemption devices on the Riverside County fire apparatus. The gate shall automatically open upon receiving a remote signal from the fire apparatus. Ref. CFC 506.1 _ 73. Addressing: All residential dwellings and commercial buildings shall display street numbers in a prominent location on the street side of the premises and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01. 74. The proposed project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increase presence of structures, traffic and population. The project prop onentsldevelopers will be expected to provide for a proportional mitigation to these impacts via capital improvements andlor impact fees. END OF CONDITIONS OF APPROVAL 675 RES 2022-94 Refuge - TTM - Final Final Audit Report 2022-11-28 Created: 2022-11-24 By: Niamh M. Ortega (nortega@cityofpalmdesert.org) Status: Signed Transaction ID: CBJCHBCAABAA6_QCwGAHnjXb42S7UGfwcJ4cPQQXhlg2 "RES 2022-94 Refuge - TTM - Final" History Document created by Niamh M. Ortega (nortega@cityof paImdesert. org) 2022-11-24 - 0:08:06 AM GMT- IP address: 64.60.5.80 Document emailed to Jan Harnik Oharnik@cityofpalmdesert.org) for signature 2022-11-24 - 0:08:47 AM GMT Email viewed by Jan Harnik 0harnik@cityofpaimdesert.org) 2022-11-28 - 5:27:06 PM GMT- IP address: 154.36.111.42 Document e-signed by Jan Harnik (jharnik@cityofpalmdesert.org) Signature Date: 2022-11-28 - 5:27:31 PM GMT - Time Source: server- IP address: 64.60.5.80 Document emai[ed to Anthony Mejia (amejia@cityofpalmdesert.org) for signature 2022-11-28 - 5:27:32 PM GMT Email viewed by Anthony Mejia (amejia@cityofpalmdesert.org) 2022-11-28 - 5:28:41 PM GMT- IP address: 154.36.111.179 Document e-signed by Anthony Mejia (amejia@cityofpalmdesert.org) Signature Date: 2022-11-28 - 5:28:54 PM GMT - Time Source: server- IP address: 64.60.5.80 Agreement completed. 2022-11-28 - 5:28:54 PM GMT a Adobe Acrobat Sign 676 %IBM/ INDEX MAP = �' --------- - O 7 7, o AN '147 k 141 SHEET MATCHLINE -SEE SHEET NO. 2 2= TENTATIVE TRACT PHASING MAP .A. 1­. ,SACONSULTING,INC. 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F ti Q p � V a^ 03= U sa o CL con v ce W C ti ti0 C� b ay y0. ONO d £ 9 6 O�� YOj m7 N6 U i WOO b N Qp e O N NL Z O m r6 N �O 3 ll II U GRADING ONLY AGREEMENT DATE OF AGREEMENT: May 15 , 20 24 NAME OF OWNER/DEVELOPER Pulte Home Company, LLC (referred to as "GRADER") PROPERTY (MAP AND PARCEL NO.): TR 38434 No. of Lots. 333 (referred to as "PROPERTY") GRADING PLANS APPROVED ON: 3/27/24 (referred to as "GRADING PLANS") ESTIMATED TOTAL COST OF GRADING:$ 1,773,013.00 SURETY: OND NOS: OZ, l ta 2-,q 7 SURETY. TI1P_ C_P' n -I t1Pn t-n I I n sumnC.P_ (.. -OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: Ia1112I_\z[W-11 i0NF-3namono This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the GRADER. -1- •:• RECITALS A. In consideration of the approval of the Grading Plans for the PROPERTY by the City Council, GRADER desires to enter into this Agreement, whereby GRADER promises to complete, at GRADER's own expense, all the grading work required by CITY in connection with the proposed PROPERTY. GRADER has secured this Agreement by grading security required by the City and approved by the City Attorney. B. GRADING PLANS for the grading of the PROPERTY have been prepared by GRADER and approved by the City Engineer. The GRADING PLANS numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the GRADING PLANS shall include reference to any specifications for the improvements as approved by the City Engineer. C. An estimate of the cost for grading and performing land development work in connection with the grading according to the GRADING PLANS has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. D. CITY has adopted standards for the grading of property within the CITY. The GRADING PLANS have been prepared in conformance with CITY standards in effect on the date of the approval. E. GRADER recognizes that CITY and adjacent properties may be damaged by GRADER's failure to perform its obligations to complete approved grading by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by GRADER. -2- ••1 NOW, THEREFORE, in consideration of the approval by the City of the GRADING PLANS, GRADER and CITY agree as follows: (1) GRADER's Obligation to Complete Gradi GRADER shall: (a) Complete at GRADER's own expense, all the grading required by the Approval in conformance with approved GRADING PLANS within one year from date of execution of this Agreement; provided however, that the grading shall not be deemed to be completed until approved by City Engineer as provided in Section 4 herein. (2) Security. GRADER shall at all times guarantee GRADER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the CITY on forms approved by CITY for the purposes and in the amounts as follows: (a) to assure faithful performance of this Agreement in regard to said grading in an amount of 25% of the estimated cost of the grading. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. -3- 691 (3) Alterations to GRADING PLA (a) Any changes, alterations or additions to the GRADING PLANS not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and GRADER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, GRADER shall provide grading security for faithful performance as required by Section (3) of this Agreement for twenty-five percent (25%) of the total estimated cost of the grading as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. (b) The GRADER shall complete the grading in accordance with CITY standards in effect at the time of approval of GRADING PLANS. CITY reserves the right to modify the standards applicable to the PROPERTY and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If GRADER requests and is granted an extension of time for completion of the grading, CITY may apply the standards in effect at the time of the extension. (4) Inspection. GRADER shall at all times maintain proper facilities and safe access for inspection of the grading by CITY inspectors. Upon completion of the work, GRADER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the grading. When applicable law requires an inspection to be made by City at a particular stage of the grading, CITY shall be given -4- 692 timely notice of GRADER's readiness for such inspection and GRADER shall not proceed with additional work until the inspection has been made and the work approved. GRADER shall bear all costs of inspection and certification. (5) Release of Securities. The securities required by this Agreement shall be released as following: (a) Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and approved of the act or work. (6) Iniury to Public Improvements, Public Property or Public Utilities Facilities. GRADER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or property monuments which are destroyed or damaged as a result of any work under this Agreement. GRADER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. (7) Permits. GRADER shall, at GRADER's expense, obtain all necessary permits and licenses for the grading, give all necessary notices and pay all fees and taxes required by law. (8) Default of GRADER. (a) Default of GRADER shall include, but not be limited to, (1) GRADER's failure to timely commence the grading; (2) GRADER's failure to timely complete grading; -5- 693 (3) GRADER's failure to timely cure any defect in the grading; (4) GRADER's failure to perform substantial work for a period of twenty (20) calendar days after commencement of the work; (5) GRADER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which GRADER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the PROPERTY or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or Agreement. (7) GRADER's failure to perform any other obligation under this (b) CITY reserves to itself all remedies available to it at law or in equity for breach of GRADER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by GRADER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of grading and, therefore, CITY's damages for GRADER's default shall be measured by the cost of completing the required grading. The sums provided by the security may be used by CITY for the completion of the grading in accordance with the GRADING PLANS contained herein. In the event of GRADER's default under this Agreement, GRADER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to GRADER and to GRADER's surety, and agrees to pay the entire cost of such performance by CITY. -6- M CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of GRADER, and GRADER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to GRADER as may be on the site of the work and necessary for performance of the work. (c) Failure of GRADER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against the PROPERTY. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. GRADER agrees that the choice of remedy or remedies for GRADER's breach shall be in the discretion of CITY. (d) In the event that GRADER fails to perform any obligation hereunder, GRADER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of engineers, attorneys, other professionals, and court costs. (e) The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of GRADER. (9) GRADER Not Agent of CITY. Neither GRADER nor any of GRADER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of GRADER'S obligations under this Agreement. (10) Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or 695 omissions of GRADER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. GRADER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of GRADER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the grading of the PROPERTY, and in addition, to adjacent property owners. Approval by CITY of the grading shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the performance of grading, regardless of any negligent action or inaction taken by CITY in approving the plans, unless the particular design was specifically required by CITY over written objection by GRADER submitted to the City Engineer before approval of the particular grading design, which objection indicated that the particular grading design was dangerous or defective and suggested an alternative safe and feasible design. GRADER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. -8- (11) Personal Nature of GRADER'S Obligations. All of GRADER's obligations under this agreement are and shall remain the personal obligations of GRADER notwithstanding a transfer of all or any part of the property subject to this Agreement, and GRADER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the PROPERTY or to any other third party without the express written consent of CITY. (12) Sale or Disposition of PROPERTY. GRADER may request novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the GRADER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the GRADER of the obligations under Section (18) for the work or improvement done by GRADER. (13) Time of the Essence. Time is of the essence in the performance of this Agreement. (14) Time for Commencement of Work; Time Extensions. GRADER shall commence substantial grading required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of grading hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to GRADER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle GRADER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar -9- 697 political actions which prevents the conducting of work, which GRADER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by GRADER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require GRADER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. (15) No Vesting of Rights. Performance by GRADER of this Agreement shall not be construed to vest GRADER's rights with respect to any change in any zoning or building law or ordinance. (16) Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: -lo- Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Notice to GRADER: Pulte Home Company, LLC 27410 Los Altos, Suite 400 Mission Viejo, CA 92691 Attn: David Dewegeli Notice to SURETY: (17) Compliance With Laws. GRADER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the grading required by this Agreement. (18) Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. (19) Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. (20) Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. -11- (21) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (22) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. (23) Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. (24) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. Orm 700 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written, by CITY, by and through its Mayor. CITY OF PALM DESERT Robert Paradise - Division VP Land GRADER lei CT_\9]:Gi (Proper Notarization of GRADER's signature is required and shall be attached) go ATTEST: CITY MANAGER C Y CL APPROVED AS TO FORM: CITYATT RNEY -13- 701 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } ss. County of Of—a,"9e } On f\ h2v i 3 20 ? , before me, o Co I I ee-k, S!o G a Notary Public, personally appeared %'o b fir+ p ad i S e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s+fe/#iey executed the same in his/her,+� authorized capacity(ies), and that by his/lierA#hM signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Cotic-- --.- `� Notary Public - California Orange County Commission x 2417975 My Comm. Expires Sep 23. 2026 Signatur -14- 702 CITY OF PALM DESERT STANDARD FORM GRADING FAITHFUL PERFORMANCE BOND DESCRIPTION OF PROPERTY: TR38434 NAME OF GRADER: PUlte Home Company, LLC NAME OF SURETY: The Continental Insurance Company EFFECTIVE DATE: April 9, 2024 AMOUNT OF BOND:443,254.00 BOND NUMBER: 30216247 PREMIUM: $1 ,330.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 5 above, for the faithful performance of that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on Line 1 above, as required by the provision of the CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, 703 PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on LINE 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform all that certain work and improvement in said CITY which is more particularly described in said GRADING ONLY AGREEMENT, then the obligation with respect to the faithful performance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the GRADING ONLY AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the GRADING ONLY AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY's reasonable attorney's fees and court costs in connection therewith. 704 705 IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this instrumentin the date mentioned on Line 4 of Page 1 hereof. �/ r-n PRINCIPAL'S SIGNATURE PRINCIPAL'S TRE Nick Sarris PRINT NAME Gregory S. Rives PRINT NAME manager - Treasury Operations, Pulte Home Company, LLC Assistant Treasurer, Pulte Home Company, LLC TITLE & COMPANY NAME TITLE & COMPANY NAME SUR TY' IGNATURE Kelly A. Gardner, Attorney -in -Fact SURETY'S SIGNATURE APPROVED AS TO FORM: CITY ATTORNEY (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) 706 executed this day of2024. RlAtp Home Company, LLC PRINCIPAL ory,$!Rives, Assistant Treasurer Notary Attached 707 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document. State of Georgia } } ss. County of Cobb } On . y C)* , 2024 , before me, T. Jessica Mask a Notary Public, personally appeared Gregory S. Rives and Nick Sarris who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. r JEss caMASK my Notary Public -Stateto of of Georgia Cobb County My Commission Expires Feb 21, 2026 Signature M 709 STATE OF ILLINOIS } COUNTY OF DU PAGE} On April 9, 2024, before me, Alexa K. Costello, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, Kelly A. Gardner, known to me to be Attorney -in -Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires September 20, 2027 mow K Cm ft IMMM max. Sun OF "am Iry C., - 6" A mil 6LP P 4,A 1 i aD Alexa K. Costello, Notary Public Commission No. 978152 710 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James I Moore, Stephen T Kazmer, Dawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Me Comb, Tariese M Pisciotto, Diane M Rubright, Martin Moss, Individually of Downers Grove, IL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2021. The Continental Insurance Company Paul T. Brutlat Affice President State of South Dakota, County of Minnehaha, ss: On this 20th day of June, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. M.BENTS+ r + NOTARY PUBLIC a E SOUTH DAKOTA SEAL My Commission Expires March 2, 2026 M. Bent Notary Public CERTIFICATE I. D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 9th day of April, 2024 J- INSUR The Continental Insurance Company 94 nt : , ?a • ••�•�'••�•"'�� D. Johnson Assistant Secretary Form F6850-4/2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 711 Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective. This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 712 APPROVED ENGINEER'S OPINION OF PROBABLE COST FOR MASS AND ROUGH GRADING ONLY Prepared for: Pulte Home Company, LLC 27401 Los Altos, Suite 400 Mission Viejo, CA 92697 Tract map No. 38434 Project Location. - South of Gerald Ford Drive Palm Desert, CA 92260 February 6, 2024 MSA JOB #2636 MSA CONSULTING, INC. > > > L 41N u E `n N .-i 34200 Bob Hope Drive. Rancho Mirage, CA 92270 760.320.9811 msaconsultinginc.com TY 03/13/2024 Page 1 of 2 713 DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST Mass and Rough Grading Mobilization EA 1 $50,000.00 $50,000.00 Perimeter Chain Link Fence and Screen Installation LF 2,560 $20.00 $51,200.00 4'' Construction Meter Installation and Removal (CVWD) LS 1 $550.00 $550.00 Construction Meter Deposit (CVWD) LS 1 $2,500.00 $2,500.00 Construction Water (For Grading Operations) ACFT 199 $590.00 $117,410.00 Earthwork CY 647,780 $1.50 $971,670.00 Clearing and Grubbing AC 93 $500.00 $46,500.00 Soil Stabilization AC 93 $1,000.00 $93,000.00 PM-10 Mitigation AC 93 $1,500.00 $139,500.00 SWPPP Mitigation AC 93 $1,500.00 $139,500.00 SUBTOTAL OF GRADING IMPROVEMENTS $1,611,830.00 10% CONTINGENCY $161,183.00 TOTAL $1,773,013.00 1 The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management. 2 MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are estimates only and the engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown. 3 Construction water assumes a CVWD fire hydrant as the source and uses CVWD Summer Rates 4 Water usage assumes 100 gallons of water needed for every cubic yard of soil moved. 5 Estimates include Rough Grading the entire Phase 1 and Mass Grading the entire Phase 2 at the same time to achieve a balanced site. Page 2 of 2 714 CITY OF PALM DESERT STANDARD FORM GRADING FAITHFUL PERFORMANCE BOND DESCRIPTION OF PROPERTY: TR38434 NAME OF GRADER: Pulte Home Company, LLC NAME OF SURETY: The Continental Insurance Company EFFECTIVE DATE: April 9, 2024 AMOUNT OF BOND: 443, 254.00 BOND NUMBER: 30216247 PREMIUM: $ 1 , 330.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 5 above, for the faithful performance of that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on Line 1 above, as required by the provision of the CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, 715 PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on LINE 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform all that certain work and improvement in said CITY which is more particularly described in said GRADING ONLY AGREEMENT, then the obligation with respect to the faithful performance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the GRADING ONLY AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the GRADING ONLY AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY's reasonable attorney's fees and court costs in connection therewith. 716 IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this instrumen%nthhe date mentioned on Line 4 of Page 1 hereo#. SEUVAMrmPRI CIP URE PRINCIRE Nick Sarris PRINT NAME manager - Treasury Operations, Pulte Home Company, LLC TITLE & COMPANY NAME APPROVED AS TO FORM: CITY ATTORNEY Gregory S. Rives PRINT NAME Assistant Treasurer, Pulte Home Company, LLC TITLE & COMPANY NAME 4 SUR TY' IGNATURE Kelly A. Gardner, Attorney -in -Fact SURETY'S SIGNATURE (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) 717 q± executed this day of 2024. of lime Home Company, LLC PRINCIPAL ry"ives, Assistant Treasurer Notary Attached 718 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Georgia } } ss. County of Cobb } On ubli0 � — , 2024 , before me, T. Jessica Mask a Notaryc, personally appeared Gregory_ S. Rives and Nick Sarris , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MASK WITNESS m hand and official seal. r �lic - St to of y Notary Public -State of Georgia Cobb County My Commission Expires Feb 21, 2026 Signature 719 STATE OF ILLINOIS } COUNTY OF DU PAGE} On April 9, 2024, before me, Alexa K. Costello, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, Kelly A. Gardner, known to me to be Attorney -in -Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires September 20, 2027 Alexa K. Costello, Notary Public Commission No. 978152 ornor�mc a 6 720 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James I Moore, Stephen T Kazmer, Dawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Tariese M Pisciotto, Diane M Rubright, Martin Moss, Individually of Downers Grove, IL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2021. The Continental Insurance Company Paul T. Bruflat Ace President State of South Dakota, County of Minnehaha, ss: On this 20th day of June, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. .+rrr..rrw...rr.rr..rrr« M. BENT i�Mounr rusuc sourM o+uaorw hrrrrrrrrrrrrrrrrrrrrrr4 My Commission Expires March 2, 2026 M. Bent Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 9th day of April, 2024 .••}.L I ft '•. � sue► : 8. s •� •NHM•t�i' Form F6850-4/2012 The Continental Insurance Company <'-o - j jv��� D. Johnson Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 721 Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instniments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective. This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25" day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 722 SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: , 20 i NAME OF SUBDIVIDER: Pulte Home Company, LLC ( (Referred to as "SUBDIVIDER"), NAME OF SUBDIVISION: Del Webb Explore Palm Desert No. of Lots: 332 Lots (Referred to as "SUBDIVISION") TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2841 (Referred to as "Resolution of Approval") IMPROVEMENT PLANS APPROVED ON: (TM No:38434 ) (Referred to as Improvement Plans) ESTIMATED TOTAL COST OF IMPROVEMENTS: $ $3,379,278 Per Engineer Estimate ESTIMATED TOTAL COST OF MONUMENTATION: SURETY: BOND NOS: SURETY: -OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the SUBDIVIDER. Revised 9.11 17 • - Updated 8.14123 723 RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws orthe Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. D. In consideration of the approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work required by CITY in connection with the proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The Improvement Plans numbered as referenced previously in this Revised 9r11 17 724 Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of the Resolution of Approval. H. All public improvement monuments, street signs, and stakes as specified on the final map are to be completed prior to final formal acceptance by the City Council. Individual property monuments must be installed within one year from the formal final Council acceptance of said SUBDIVISION. I. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY Revised 9 11-17 has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations to commence construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the approval and recordation by the City -3- 725 Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: Revised W l 1117 1. SUBDIVIDER's Obligation to Construct Improvements. SUBDIVIDER shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete at SUBDIVIDER's own expense, all the public improvement work required by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement; provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. C. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans. d. Acquire, or pay the cost of acquisition by CITY, and dedicate all rights -of -way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION. e. Commence construction of the improvements by the time established in Section (22) of this Agreement and complete the improvements by the deadline stated in Section (1)(b) above, unless a time extension is granted by the CITY as authorized in Section (22). -4- 726 Revised 9 11 17 f. Install all SUBDIVISION public improvement monuments required by law and prior to formal final acceptance of the public improvements by CITY. Individual property monuments shall be installed within one year of said acceptance. g. Install street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of the improvements by CITY. 2. Acquisition and Dedication of Easements or Rights -of -Wavy. If any of the public improvement and land use development work contemplated by this Agreement is to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY of appropriate rights -of -way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, CITY of appropriate rights -of - way, easements or other interests in real property, as determined by the City Engineer, or c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section (2) shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: -5- 727 a. to assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and C. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section (1)(f) for a period of one year plus thirty (30) days from formal acceptance by the City Council. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Improvement Plans. Revised - 6 - 9I1l7 728 a. Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. b. The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted by the City Council unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans. When applicable Revised - 7 - 9 11 17 729 law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear all oosts of inspection and certification. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17) herein. 6. Release of Securities. The securities required by this Agreement shall be released as following: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. C. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after completion and acceptance Revised — g - 9:11 17 730 of the work, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acceptance of all the worts and improvements by the City Council. e. CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7. Iniury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monument which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. B. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the Revised - 9 - 9M U17 731 improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not be limited to, (1) SUBDIVIDER's failure to timely commence construction of this Agreement; (2) SUBDIVIDER's failure to timely complete construction of the improvements; (3) SUBDIVIDER's failure to timely cure any defect in the improvements; (4) SUBDIVIDER's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; (5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (6) SUBDIVIDER's failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy Revised - 1 0 - 911 M7 732 available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. C. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses Revised 9111117 733 incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranly. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contractors or subcontractors are or shall be Revised - ] - 911M7 734 considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Environmental Warranty. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the property to be dedicated nor the SUBDIVIDER is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. SUBDIVIDER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: Revised - 13 - 911 I M 735 a. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; b. Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, C. SUBDIVIDER's discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law. 14. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 15. SUBDIVIDER'S Obligation to Warn Public Durina Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 16. Vesting of Ownership. Upon formal final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, Revised - 14 - 9 11 17 736 ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 17. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (60) days from the date the City Engineer certifies that the work has been finally completed, as provided in Section (6). Such acceptance shall not constitute a waiver of defects by CITY. 18. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not Revised — l5 - 911 I M 737 constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this Section shall remain in full force and effect for ten (10) years following the acceptance by CITY of the improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. 19. Personal Nature of SUBDIVIDER'S Obligations. All of SUBDIVIDER's obligations under this agreement are and shall remain the personal obligations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this Revised 9::11 17 738 Agreement to any transferee of all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. 20. Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section (18) for the work or improvement done by SUBDIVIDER. 21. Time of the Essence. Time is of the essence in the performance of this Agreement. 22. Time for Commencement of Work; Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and Revised - 17 - 9.I1-17 739 extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 23. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. 24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Revised- 9+11 17 740 Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Director of Development Services Notice to SUBDIVIDER: pulte Home Company, LLC 27401 Los Altos, Suite 400 Mission Viejo, CA 92691 Attn: David Dewegeli Notice to SURETY: 25. Compliance With Laws. SUBDIVIDER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement. To the extent improvements to be constructed by SUBDIVIDER or under the direction of SUBDIVIDER hereunder are considered to be a public work requiring the payment of prevailing wages and compliance with other prevailing wage laws under Labor Code Sections 1720 et seq., SUBDIVIDER shall cause the contractor and subcontractors to pay prevailing wages and to comply with all other prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations and comply with any other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. SUBDIVIDER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from SUBDIVIDER or its contractors and subcontractors' alleged or actual failure to comply with prevailing wage law. Revised - 19 - 9;'11;17 741 26. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 27. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 28. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 29. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. 30. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 31. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. 32. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. Revised - 20 - 911 1117 742 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. CITY OF PALM DESERT By: Rob rt Paradise, VP iAd & Development TODD HILEMAN, CITY MANAGER SUBDIVIDER (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) ATTEST: ANTHONY J. MEJIA, CITY CLERK APPROVED AS TO FORM: BEST BEST & KRIEGER LLP CITY ATTORNEY Revised - 1 9.+11+17 743 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } ss. County of Oros- l 1✓ } On 7-Ty 1 2(p , 2021, before me, -Riu ltw Go I l-e-eY% ODIC , a Notary Public, personally appeared S- Te, _ , who proved to me on the basis of satisfactory evidence to be the person(p whose name(j) is{afe subscribed to the within instrument and acknowledged to me that he/,3Wt executed the same in his/4ter/theirauthorized capacity(4es), and that by his/hff/9w+ signature(] on the instrument the person( ], or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TAYLOR COLLEEN ROCK Pubk WITNESS my hand and official seal. NaaryOWV c Gn or�a # Commission f 2417973 is y Comm. bom * 23, 2026 • 22 - Updated 8.14/23 Signatur' Revised 911 W17 744 SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: ,20 NAME OF SUBDIVIDER: Pulte Home Company, LLC ( (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Del Webb Explore Palm Desert (Refuge) No. of Lots: 197 Lots (Referred to as "SUBDIVISION") TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2841 (Referred to as "Resolution of Approval") IMPROVEMENT PLANS APPROVED ON: (TM No: 38434 (Phase 2) (Referred to as Improvement Plans) ESTIMATED TOTAL COST OF IMPROVEMENTS: $ $3,344,559 (Per Approved Engineer Estimate - Dated 713124) ESTIMATED TOTAL COST OF MONUMENTATION: $67,965 (Per Approved Engineer Estimate - Dated 715124 SURETY: BOND NOS: SURETY: IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the SUBDIVIDER. Revised 9.1Ir1? Updated 8/14123 745 RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. D. In consideration of the approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work required by CITY in connection with the proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The Improvement Plans numbered as referenced previously in this Revised 911 N 7 746 Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of the Resolution of Approval. H. All public improvement monuments, street signs, and stakes as specified on the final map are to be completed prior to final formal acceptance by the City Council. Individual property monuments must be installed within one year from the formal final Council acceptance of said SUBDIVISION. I. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY Revised 91I1i17 has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations to commence construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the approval and recordation by the City cis 747 Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER's Obligation to Construct Improvements. SUBDIVIDER shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete at SUBDIVIDER's own expense, all the public improvement work required by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement; provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. c. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans. d. Acquire, or pay the cost of acquisition by CITY, and dedicate all rights -of -way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION. e. Commence construction of the improvements by the time established in Section (22) of this Agreement and complete the improvements by the deadline stated in Section (1)(b) above, unless a time extension is granted by the CITY as authorized in Section (22). Revised 911 L-A 7 -4- W- f. Install all SUBDIVISION public improvement monuments required by law and prior to formal final acceptance of the public improvements by CITY. Individual property monuments shall be installed within one year of said acceptance. g. Install street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of the improvements by CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the public improvement and land use development work contemplated by this Agreement is to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY of appropriate rights -of -way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, CITY of appropriate rights -of - way, easements or other interests in real property, as determined by the City Engineer, or C. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section (2) shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: Revised - 5 - 9111.17 749 a. to assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and C. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section (1)(f) for a period of one year plus thirty (30) days from formal acceptance by the City Council. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Improvement Plans. Revised- 9111f17 750 a. Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. b. The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted by the City Council unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans. When applicable Revised - 7 - 9!11117 751 law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of inspection and certification. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17) herein. 6. Release of Securities. The securities required by this Agreement shall be released as following: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. C. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after completion and acceptance Revised - 8 - 9;1 Ll 7 752 of the work, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acceptance of all the work and improvements by the City Council. e. CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7. Iniury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monument which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the Revised - 9 - 9;'11+17 753 improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not be limited to, (1) SUBDIVIDER's failure to timely commence construction of this Agreement; (2) SUBDIVIDER's failure to timely complete construction of the improvements; (3) SUBDIVIDER's failure to timely cure any defect in the improvements, (4) SUBDIVIDER's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; (5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (6) SUBDIVIDER's failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy Revised - 10 - 9!11117 754 available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. C. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses Revised- W11117 755 incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contractors or subcontractors are or shall be Revised - 1 - 911IM 756 considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Environmental Warranty. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the property to be dedicated nor the SUBDIVIDER is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. SUBDIVIDER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: Revised - 13 - 911V17 757 a. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; b. Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, C. SUBDIVIDER's discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law. 14. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 15. SUBDIVIDER'S Obligation to Warn Public During Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 16. Vesting of Ownership. Upon formal final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, Revised - 14 - 9.`1 1l11 758 ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 17. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (60) days from the date the City Engineer certifies that the work has been finally completed, as provided in Section (6). Such acceptance shall not constitute a waiver of defects by CITY. 18. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not Revised - 1 5 - 9-A P17 759 constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous ordefective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this Section shall remain in full force and effect for ten (10) years following the acceptance by CITY of the improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. Revised 9f1 U]7 19. Personal Nature of SUBDIVIDER'S Obligations. All of SUBDIVIDER's obligations under this agreement are and shall remain the personal obligations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this WC'i! 760 Agreement to any transferee of all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. 20. Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section (18) for the work or improvement done by SUBDIVIDER. 21. Time of the Essence. Time is of the essence in the performance of this Agreement. 22. Time for Commencement of Work, Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and Revised - 1 7 - 9111117 761 extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 23. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. 24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Revised - 1 9r11it 7 762 Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Director of Development Services Notice to SUBDIVIDER: pulte Home Company, LLC 27401 Los Altos, Suite 400 Mission Viejo, CA 92691 Attn: David Dewegeli Notice to SURETY: 25. Compliance With Laws. SUBDIVIDER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement. To the extent improvements to be constructed by SUBDIVIDER or under the direction of SUBDIVIDER hereunder are considered to be a public work requiring the payment of prevailing wages and compliance with other prevailing wage laws under Labor Code Sections 1720 et seq., SUBDIVIDER shall cause the contractor and subcontractors to pay prevailing wages and to comply with all other prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations and comply with any other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. SUBDIVIDER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from SUBDIVIDER or its contractors and subcontractors' alleged or actual failure to comply with prevailing wage law. Revised - 1 9 - 9.1V17 763 26. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 27. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 28. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 29. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. 30. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 31. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. 32. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. Revised - 0 - 9lllil7 764 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. SUBD ItER CITY OF PALM DESERT Darren arren, VP Land Acquisition and Land SUBDIVIDER (Proper Notarization of SUBDiVIDER's signature is required and shall be attached) Revised 9f 1 1117 By: TODD HILEMAN, CITY MANAGER ATTEST: ANTHONY J. MEJIA, CITY CLERK APPROVED AS TO FORM: BEST BEST & KRIEGER LLP CITY ATTORNEY -1 - 765 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } ss. County of Oro-h } On �U-� $ , 20 ZLJ, before me, D Iio I-e,e,;, $l&Ck a Notary Public, personally appeared .-n un .. _ j6kG -.V-I in , who proved to me on the basis of satisfactory evidence to be the person whose nameO is/4r-e subscribed to the within instrument and acknowledged to me that helahe4key executed the same in hisFherAhcir authorized capacity(ies-), and that by his/hff/4k& signature(/) on the instrument the personO, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Revised 9111117 22 TAnoR CGLLEEN D1.= Notary Pubtk • Canfornla 4ramp County CommWon 12417973 My Comm. Expires * 23, 2026 Updated W14l23 766 SUBDIVISION IMPROVEMENT AGREEMENT Bond No. 0259685 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and Pulte Home Company. LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. TR38434 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated , 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Berkley Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Delaware , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of THREE MILLION THREE HUNDRED SEVENTY NINE THOUSAND TWO HUNDRED SEVENTY EIGHT AND 00l100 DOLLARS ($ R,-.37Q 77R nn ), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and 72500.00001 \30593489.1 767 specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 25th day of April , 20 24. (Corporate Seal) Pulte Home Company, LLC Principal By SEE ATTACHED Tine Greypry S. Rives Assistant Treasurer (Corporate Seal) Berkley Insurance Company Surety By Att ey-in-F ct (Attach Attorney -in -Fact Certificate) Title JeremyPolk -in-Fact The rate of premium on this bond is $3•75 per thousand. The total amount of premium charges is $ 12,672 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Berkley Insurance Company 475 Steamboat Rd Greenwich, CT 06830 (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 72500M001 \30593489.1 Denise Eby 4 Hutton Centre Dr, Suite 640 Santa Ana, CA 92707 657-356-2894 768 executed this day of 2024. Oulte Home Company, LLC PRINCIPAL BY: Ofeaory WRives. Assistant Treasurer Notary Attached 769 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA) COUNTY OF COBB) This record was acknowledged before me on April 25, 2024, appeared Gregory S. Rives, Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand official seal. T JESSICA MASK Pubii� - State of GeorgiaCobb County[Notary Commission Expires Feb 21, 2026 Sig re o N Public T. JESSICA MASK Notary Public State of Georgia My Commission Expires: February 21, 2026 770 ACKNOWLEDGEMENT State of Arizona County of Maricopa On �S �-'� before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) MATTHEW STANTON ERRA NOMARP UISP13LIC URNTYNA Notary Signature ICO COMMISSION # 622269 MY CMARCH 9 20261RES Matthew Stanton Frra Commission Expires March Vh, 2026 771 No. BI-7991h-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jeremy Polk or Matthew Erra of DSI Insurance Services, LLC of Phoenix, AZ its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof, This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attomey-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to -be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 121h day of Aril 2023 asvnANct CO Attest: ii;i mpany y B derman 1975 �9Executive Vice President & Secretary dent STATE OF CONNECT(CUT) ) ss- COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this 12th day of Aril I _2023by Ira S. Lederman and Jeffrey 14 Rafter who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, respectively,of Berke Insurance Company. Luau C RUWAAKEN /J YNOTARY PUPA fG G" GONNECTI AIT my do��iON 4PI� otary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTTFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded an -st- authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of ched, is in fill force and effect as of this date. QL<} der my band and seal, of the Company, this 25th day of April 2024 W SI�.AI. � Vincent P. Forte 772 SUBDIVISION IMPROVEMENT AGREEMENT Bond No. 0259685 PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and Pulte Home Company. LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. TR38434 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. NOW, THEREFORE, Principal and Berkley Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Delaware and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of THREE MILLION THREE HUNDRED SEVENTY NINE THOUSAND TWO HUNDRED SEVENTY EIGHT AND 00/100DOLtARS ($ 3,379,278.00 ), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 72500.00001 \30593499.1 773 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 25th day of April 20 24. (Corporate Seal) Pulte Home Company, LLC Principal By SEE ATTACHED Title ,Gregory S. Rives, Assistant Treasurer (Corporate Seal) Berkley Insurance Company Surety By Att ey-in-Fa (Attach Attorney -in -Fact Certificate) Title Jeremy Polk, ey-in-Fact The rate of premium on this bond is N.'A per thousand. The total amount of premium charges is $ Included wi performance bond (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 72500.00001 \30593489.1 Berkley Insurance Company 475 Steamboat Rd reenwic , Denise- 4 Hutton Centre Dr, Suite 640 Santa Ana, 657-356-2894 774 executed this _ day of PI , 2024. Pulte Home Company, LLC PRINCIPAL BY: regory . Rives, Assistant `treasurer Notary Attached 775 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA) COUNTY OF COBB) This record was acknowledged before me on April 25, 2024, appeared Gregory S. Rives, Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand official seal. 7 JE5SICA MASK Sig tyre otary Public pub, - State Of Georgia Cobb County MY Commission E zpires Feb 21, 2026 T. JESSICA MASK Notary Public State of Georgia My Commission Expires: February 21, 2026 776 ACKNOWLEDGEMENT State of Arizona County of Maricopa On before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) MATTHEW STA:#622269 ERRA NOTA9Y PUBLIIZONA MARICOPATY Notary Signature COMMISSIOMY COMMISSIPIRESMRCH05 Matthew Stanton Erra Commission Expires March 9t', 2026 777 No. BI-7991h-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jeremy Polk or Matthew Erra of VSI Insurance Services, LLC of Phoenix, AZ its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 12th day of April 2023 . asA"N� o Attest ii; Company C -�? //> SEAL � By Erman after Executive Vice President &. Secretary esident STATE OF CONNBCTICUT ) } ss: COUNTY OF FAMMLD ) Sworn to before me, a Notary Public in the State of Connecticut, this 12th day of Aril 1 2023 , by Ira S. Lederman and lefrcy M. Rafter who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, respectively, of Berkley Insurance Company. I CRUNNOTARY DB KM CONNECTMIrMY G' eOA)A 2024 otary Public, State of Connecticut CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERT1kY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded an taco authority of the Attoznen -n-Fact set forth therein, who executed the bond or undertaking to which this Power of shed, is in full force and effect as of this date. der my hand and seal of the Company, this 25th day of April 2024 W SEAL Vincent P. Fortr 778 APPROVED TY 04/17/2024 ENGINEER'S OPINION OF PROBABLE COSTS FOR DEL WEBB EXPLORE AT PALM DESERT STREET AND STORM DRAIN IMPROVEMENTS Prepared for: Pulte Home Company, LLC 27401 Los Altos, Suite 400 Mission Viejo CA 92691 Tract Map No. 38434-1 Project Location: North of Frank Sinatra Drive in the City of Palm Desert April 11, 2023 M SA JOB #2636 M A CONSULTING, INC. _IV � :, �ieering - Land Surveying - Landscape Architecture Planning + Environmental Services . Dry Utility Cac-�rdination . CIS 34200 Bob Hope Dr1Ve Rancho Mirage, CA 922701760320.99111' MSAConsultinginccom Page 1 of 5 779 DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST Street Install 3" A.C. Pavement Over 6" Class II Aggregate Base SF 382,333 $4.00 $1,529,332.00 Install Decorative Pavement, Color and Type Per Landscape Architect's Plans. See Detail on Sheet 16 SF 5585 $15.00 $83,775.00 Construct 6" Curb and Gutter Type I Per City of Palm Desert Standard Plan No. 102 LF 4,455 $18.00 $80,190.00 Construct 6" Curb Type I I Per City of Palm Desert Standard Plan No.103 LF 2,490 $15.00 $37,350.00 Construct 6" Wedge Curb. See Detail A on Sheet 16 LF 9,840 $18.00 $177,120.00 Construct 6" Mountable Curb. See Detail B on Sheet 16 LF 460 $15.00 $6,900.00 Construct Curb Transition (Wedge Curb to Curb and Gutter) Per Detail on Sheet 16 EA 49 $125.00 $6,125.00 Construct Cross Gutter Type I I Per City of Palm Desert Standard Plan No.108 with Modified Slope as Shown in Detail on Sheet No. 16 SF 6,680 $10.00 $66,800.00 Construct Sidewalk Per City of Palm Desert Standard Plan No.104 SF 88,920 $5.00 $444,600.00 Construct Curb Ramp Case A Per County of Riverside Std. No. 403 EA 22 $2,500.00 $55,000.00 Construct Curb Ramp Case C Per County of Riverside Std. No. 403 EA 4 $2,500.00 $10,000.00 Construct Curb Ramp Case D Per County of Riverside Std. No. 403 EA 9 $2,500.00 $22,500.00 Const. Combination Curb Inlet Catch Basin No.1 Per County of Riverside Std. Dwg. No. 300, See Plan For W. (Modified; 2" Wide Per City Direction) EA 14 $5,000.00 $70,000.00 Page 2 of 5 780 Construct Gutter Depression for Combination Grate Opening Catch Basin Per County of Riverside Std. Dwg. No. 311 (Modified; 2' Wide Per City Direction) EA 14 $240.00 $3,360.00 Install Stop Legend, Limit Line, Sign Post, Stop Sign and Street Name Sign Per Stop Sign Legend and Sign Post Detail on Sheet No.14 EA 13 $800.00 $10,400.00 Sawcut and Join Existing Pavement Per Overlay Join Detail on Sheet No.16 LF 220 $3.00 $660.00 Adjust Water Valve To Grade Per CVWD Standard And Specifications, See Separate Proposed Water Plans EA 37 $300.00 $11,100.00 Adjust Sewer Manhole To Grade Per CVWD Standards And Specifications, See Separate Proposed Sewer Plans EA 52 $600.00 $31,200.00 Install 4" A.C. Pavement Over 6" Class II Aggregate Base (Fire Access Road) SF 20,610 $4.00 $82,440.00 Storm Drain Furnish and Install 18" HDPE Storm Drain. See HDPE Typical Trench Section Sheet 20 LF 545 $40.00 $21,800.00 Furnish and Install 24" HDPE Storm Drain. See HDPE Typical Trench Section Sheet 20 LF 270 $50.00 $13,500.00 Furnish and Install 30" HDPE Storm Drain. See HDPE Typical Trench Section Sheet 20 LF 1,165 $60.00 $69,900.00 Furnish and Install 36" HDPE Storm Drain. See Typical Trench Section Sheet 20 LF 550 $70.00 $38,500.00 Furnish and Install 18" x 11.25° HDPE Bend EA 1 $400.00 $400.00 Furnish and Install 18" x 45° HDPE Bend EA 1 $400.00 $400.00 Page 3 of 5 781 Furnish and Install 30" x 45° HDPE Bend EA 1 $600.00 $600.00 Furnish and Install 30" x18" HDPE WYE EA 1 $600.00 $600.00 Furnish and Install 30" HDPE End Cap EA 1 $600.00 $600.00 Furnish and Install 18" HDPE End Outlet Structure EA 2 $600.00 $1,200.00 Furnish and Install 36" HDPE Flared End Outlet Structure EA 1 $650.00 $650.00 Furnish and Install 60" Inside Diameter Manhole Per CVWD Dwg. Std. S-5 EA 5 $6,000.00 $30,000.00 Furnish and Install 72" Inside Diameter Manhole Per CVWD Dwg. Std. S-5 EA 2 $8,000.00 $16,000.00 Construct Concrete Collar Per R.C.F.C.D. Std. Dwg. No. M803 EA 1 $1,500.00 $1,500.00 Construct Rip -Pap Energy Dissipater Pad Per City of San Diego Dwg. No. SDD-104 and Detail on Sheet No.17 and 20 EA 3 $2,000.00 $6,000.00 Construct Storm Drain Bubbler Outlet Per Detail on Sheet No. 20 EA 2 $1,500.00 $3,000.00 Install Inlet Structure Per Detail A on Sheet 20 I EA 1 $5,000.00 $5,000.00 SUBTOTAL OF STREET AND STORM DRAIN IMPROVEMENTS $2,938,502.00 15% CONTINGENCY $440,775.30 TOTAL $3,379,277.30 Assumptions: 1. These quantities are based on the Del Webb Exlore at Palm Desert Street and Storm Drain Improvement Plan completed on 04/03/2024. 2. The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management. Page 4 of 5 782 3. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown. Page 5 of 5 783 Bond No. 0259686 SUBDIVISION IMPROVEMENT AGREEMENT SURVEY MONUMENTS BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and Pulte Home Company, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for the setting of survey monumentation as shown in Parcel/Tract Map No. , which is not to be completed prior to the recording of the final map or parcel map; WHEREAS, the survey monumentation to be performed by Principal is more particularly set forth in that certain Subdivision Improvement Agreement dated , 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond to insure the setting of the monuments as required therein and payment to the Engineer or Surveyor who sets such monuments thereunder. NOW, THEREFORE, Principal and Berkley Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Delaware , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of FORTY SIX THOUSAND FIVE HUNDRED SEVENTY FIVE AND 00/100 ($ 46,575.00 ), said sum being not less than one hundred percent (100%) of the total cost of the setting of monuments as set forth in the Improvement Agreement and payment due to the Engineer or Surveyor for setting such monuments, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties for the setting of survey monumentation in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and 72500.00001 \30593489.1 specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the Improvement Agreement, IN WITNESS WHEREOF, we have hereunto set our hands and seals this 9th day of May _, 20 24 . (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) The rate of premium on this bond is $3.75 charges is $ 175 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: Pulte Home Company, LLC Principal B SEE ATTACHED Y Gregory S. Rives Title Assistant Treasurer Berkley Insurance Cornuanv Surety By Alto y-in-Fa Title Jcrgrny Pofk tt rr1 m-Fac[ per thousand. The total amount of premium (Name and Address of Surety) Berkley Insurance Com an _ 475 Steamboat Rd Greenwich, CT 06830 (Name and Address of Agent or Denise Eby Representative for service of 4 Hutton Centre Dr, Suite 640 process in California, if different _ Santa Ana, CA 92707 l from above) (Telephone number of Surety and Agent or Representative for service of process in California) 72500.00001 \30593489. l 657-356-2894 785 executed this` day of pulte Home Company, LLC PRINCIPAL Notary Attached 2024. W.M. ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA) COUNTY OF COBB) This record was acknowledged before me on May 9, 2024, appeared Gregory S. Rives, Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand official seal. TJESSICAMASK Notary public - State of Georgia Cobb County MY Commission Expires Feb 21, 2026 SigAhtu'fedf Notary Public T. JESSICA MASK Notary Public State of Georgia My Commission Expires: February 21, 2026 787 ACKNOWLEDGEMENT State of Arizona County of Maricopa On ZoZ`1 before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) MATTHEW STANTON ERRA NOTARY PUBLIC - ARIZONA MARICOPA COUNTY Notary Signature COMMISSION # 622269 MY COMMISSION EXPIRES } MARCH 09 2026 Matthew Stanton Erra Commission Expires March 9th, 2026 No. BI-7991 h-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jeremy Polk or Matthew Erra of USI Insurance Services, LLC of Phoenix, AZ its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty insurance, providing that no single obligation shall exceed Fifty Million and 001100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney in fact named, and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to -be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 12th day of April 2023 .aSu NCF Attest: Berlci Insurance Company CO By By Iral. Lederman Je after Executive Vice President &Secretary S resident STATE OF CONNECTICUT ) ss: COUNTY OR FAIRFIELD Sworn to before me, a Notary Public in the State of Connecticut this 12th day of Aril 1 2023 , by Ira S. Lederman and Jcffirey M. Ha#icr who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, respectively, of Berkley Insurance Company. �NOTARVRU DBBAK" PUPA IC CONNECTICUr CO- .-W&O &2a� APRIL 30, 2024MMISSION EXPIRE8 otary Public, State of Connecticut CERTIFICATE >ti the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded an�-that authority of the Atgrney-in-Fact set forth therein, wh,,. executed the bond or undertaking to which this Power of a'" ched, is in full force and effect as of this date. der my hands and. seal of the Company, this 9th day of Ma 2024 w SEAL It -- m Vincent P. Forte — MR] ENGINEER'S OPINION OF PROBABLE COSTS FOR DEL WEBB EXPLORE AT PALM DESERT MONUMENTATION Prepared for: Pulte Home Company, LLC 27401 Los Altos, Suite 400 Mission Viejo CA 92691 Tract Map No. 38434-1 Project Location: North of Frank Sinatra Drive in the City of Palm Desert April 26, 2024 M SA JOB #2636 I A CONSULTING, INC. _IV � :, �ieering - Land Surveying - Landscape Architecture Planning + Environmental Services . Dry Utility Cac-�rdination . CIS 34200 Bob Hope Dr1Ve Rancho Mirage, CA 922701760320.99111' MSAConsultinginccom Page 1 of 2 790 DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST Street Monumentation LOT 135 $300.00 $40,500.00 SUBTOTAL OF MONUMENTATION $40,500.00 15% CONTINGENCY $6,075.00 TOTAL $46,575.00 Assumptions: 1. These quantities are based on the Del Webb Exlore at Palm Desert Final Tract Map 38434-1 completed on 04/25/2024. 2. The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management. 3. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown. Page 2 of 2 791 Bond No. 59BSB]F ] 493 SUBDIVISION IMPROVEMENT AGREEMENT PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Palm Desert, California ("City") and Pulte Home Com an , LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. 38434 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated 20—, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. NOW, THEREFORE, Principal and Hartford Fire Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of Three Million Three Hundred Forty Four Thousand Five Hundred Fifty Nine and 00/100 DOLLARS {$ 3,344,559.00 ), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 72500.00001 \30593489.1 792 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5th day of July , 20 24. (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) Pulte Horbe Comi)anv. LLC Princip By 9-/,-/Z-� / qV V Title Gregory S. Rives, Assistant Treasurer Hartford Fire Insurance Comuan Surety 13y Attor ey-in-Fac Title Jeremy Pollc, tto -in-Fact The rate of premium on this bond is N/A per thousand. The total amount of premium charges is $ NIA (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Hartford Fire Insurance Company One Hartford Plaza Hartford. CT 0615 (Name and Address of Agent or Jeremy Polk c/o USI Insurance Seavicese, LLC Representative for service of 10940 White Rock Rd, 2nd Floor process in California, if different ......Rancho Cordova. CA 95670 from above) (Telephone number of Surety and Agent or Representative for service of process in California) 602-505-6880 72500.00001130593489.1 793 ACKNOWLEDGEMENT BY PRINCIPAL S TA TE OF GEORGIA) )SS. COUNTY OF COBB) This record was acknowledged before me on ql , 2024, appeared Gregory S. Rives, Pulte Home Compa , L C, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand official seal. � , L- �,� Sig to f Notary Public T. JESSI CA MASK Notary Public Stale of Georgia My Commission Expires: February 21, 2026 T JESSICA MASK Notary Public - State of Georgia Cobb County My Commission Expires Feb 21, 2026 794 ACKNOWLEDGEMENT State of Arizona County of Maricopa On Jr before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) L 1 Notary Signature a cxr:sr�r MAT71, 1 ! STANTON ERRA Matthew Stanton Erra NOTARY PUBLIC • A MAR€CC�PA COUNTY Commission Expires March 9tn, 2026 f1NTY COMMON # 622269 MY COMMISSION EXPIRES `' x MARCH p9, 2028 Direct Inquiries/Claims to: THE HARTFORD BONnectic POWER OF ATTORNEY One Hartford Plaza Hartford, Connecticut 06155 Bond. Cl aims@thehartford.com call: 888-266-3488 or fax: 860-757.5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI IN1SURANCE SERVICES LLC Agency Code: 59-30 ©I 68 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of Lite State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amountof Uniimi4ed : Matthew Erra, Jeremy Polk of PHOENIX, Arizona their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. rAw►ti ''ti +nru,calw * '+ark `� •. tp 79 a`� r19179 S 7$ ' T �; ��`k ., ��f 0 ltY; -�r��t4 � • a fr [1.915 •� 1f •y Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. Jessie;r Cieconc my Conunission HH 122280 rxpires binc 20, 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full farce effective as of July 5th, 2024 Signed and sealed in Lake Mary, Florida. ��yTY rx�� � R�sir; � 1%rSL' ,r,_��^c•t�n' . , C7 'i1LAi.FfI1f! f � � r-t V,4r,neroc�f` • t�LrA1t�=t9T��{ 79 X479 i Y s:. �.�v,5`''-��o.wera � rA-.. r� t • �.�fevss' frx,.rs• °. Keith D. Dozois, Assistant Vice President 796 Bond No. 59BSBJF 1493 SUBDIVISION IMPROVEMENT AGREEMENT PERFORMANCE BOND KNOW ALL. PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and Pulte Home Company, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. 38434 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated 20—, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Hartford Fire Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Three Million Three Hundred Forty Four Thousand Five Hundred Fifty Nine and 00/100 DOLLARS ($ 3,344,559.00 ), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and 72500.00001 �305934S9. I 797 specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5th day of July . 20 24. (Corporate Seal) Putts Homc C m pan , LLC Principal By (Corporate Seal) (Attach Attorney -in -Fact Certificate) Title GE2 oi-y S. Rives, Assistant Treasurer Hartford Fire Insurance Surety 1-0 Titl F in -Fact The rate of premium on this bond is S3.90 per thousand. The total amount of premium charges is $ 13,044 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Hartford Fire Insurance Company One Hartford Plaza (Name and Address of Agent or Jeremy Polk c/o USI Insurance Services, LLC Representative for service of 10940 White Rock Rd. 2nd Floor process in California, if different Rancf,o..Cordova_ CA 9.5670 from above) (Telephone number of Surety and Agent or Representative for service of process in California) 602-505-6880 72500,00001130593489.1 IM ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA) ) SS. COUNTY OF COBB) This record was acknowledged before me on , 2024, appeared Gregory S. Rives, Pulte Home Compa y, L C, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand official seal. c::—� Sig Lure o ublic T. JESSI CA MASK Notary Public State of Georgia My Commission Expires: February 21, 2026 ESSICA MASKc _ State of Georgia bb County Expires Feb 21, 2026 799 ACKNOWLEDGEMENT State of Arizona County of Maricopa On before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) Notary Signature MATTHEW STANTON ERRA Matthew Stanton Erra `o NOTARY PUBLIC - ARIZONA MARICOPA COUNTY Commission Expires March 9t ; 2026 o COMMISS;ON # 622269 MY COMMISSION EXPIRES ' MARCH 09, 2026 Direct Inquiries/Claims to: THE HARTFORD PO WER OF ATTORNEY Hartrd Hartford,One Con°a tcut06155 Bond.Claimsethehartford.com call: 888-266-3488 orfax: 8610-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: UST INSURANCE SERVICES LLC Agency Code: 59--300168 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized tinder the laws of the State ot'Indiana Hartford Accident and Indemnity Company, it corporation duly organized under the laws ofthe State of"Connect'icut Hartford Underwriters Insurance Company, a corporation duly organized under tine laws of the Statc of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ol'Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State oFtllinois Hartford Insurance Company of the Midwest, a coiltoration duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized Linder the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amount of Unlimited : Matthew Erra, Jeremy Poll, of PHOENIX, Arizona their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. a � .. `.;,.ts:.ae.rri " iy kq � T �� - 8; fiyaxrax� a• f" �� en*,a�°°" � �° _; ,�1'Mr.:ro vA ;`ac ♦ �' T,a�».�'�ar �aaixar• F�. Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. . pa%:.Y1N�• nj• e� Jessica Ciccone �'•F:�rr ,� INN CnmmissinnFill1222so " a 1-1-spires Junc 20, 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 5th, 2024 Signed and sealed in Lake Mary, Florida. as �`+ error/o^ �, �aEA7t �p,Ip79 � �STQ '° 2979 t e.a�"`l" `�rM rw `: bra �: ,+sy4 ♦f � k 'r°*�,�c�ww'+"4 `ir,ya✓ • Keith D. Dozois, Assistant Vice President ENGINEER'S OPINION OF PROBABLE COSTS FOR DEL WEBB EXPLORE AT PALM DESERT STREET AND STORM DRAIN IMPROVEMENTS Prepared for: Pulte Home Company, LLC 27401 Los Altos, Suite 400 Mission Viejo CA 92691 Tract Map No. 38434 Project Location: North of Frank Sinatra Drive in the City of Palm Desert June 26, 2024 M SA JOB #2636 iaMSA C iwrl Ergilreering lanning . Evvirw 3��40 Bob Hopp I ]rare �Eo ApPR�12o24 ` F rp IrJ3 ONSLTCNG, INC. • Land 5uruey �J • Landscape Architecture mentalService-s- • Dry Utility{oardination •GI5 1tar7dibNNragk,CA922M I')5OMOMFI I MsAGa wftir0W- M -O DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST Street Install 3" A.C. Pavement Over 6" Class II Aggregate Base SF 231,173 $4.00 $924,692.00 Install Decorative Pavement, Color and Type Per Landscape Architect's Plans. SF 4,580 $15.00 $68,700.00 Construct 6" Curb and Gutter Type I Per City of Palm Desert Standard Plan No. 102 LF 1,260 $40.00 $50,400.00 Construct 6" Wedge Curb. LF 12,815 $40.00 $512,600.00 Construct 6" Mountable Curb. LF 314 $35.00 $10,990.00 Construct Curb Transition (Wedge Curb to Curb and Gutter) EA 17 $150.00 $2,550.00 Construct Cross Gutter Type II Per City of Palm Desert Standard Plan No.108 with Modified Slope SF 2,978 $20.00 $59,560.00 Construct Sidewalk Per City of Palm Desert Standard Plan No.104 SF 84,410 $6.00 $S06,460.00 Construct Curb Ramp Case A Per County of Riverside Std. No. 403 EA 6 $6,000.00 $36,000.00 Construct Curb Ramp Case C Per County of Riverside Std. No. 403 EA 18 $6,000.00 $108,000.00 Construct Curb Inlet Catch Basin Per County of Riverside Std. Dwg. No. 300, See Plan For W and H EA 12 $10,000.00 $120,000.00 Construct Gutter Depression for Curb Opening Catch Basin Per County of Riverside Std. Dwg. No. 311 EA 12 $2,000.00 $24,000.00 Install Stop Legend, Limit Line, Sign Post, Stop Sign and Street Name Sign EA 6 $800.00 $4,800.00 Page 2 of 3 Adjust Water Valve To Grade Per CVWD Standards And Specifications, See Separate Proposed Water Plans EA 51 $800.00 $40,800.00 Adjust Sewer Manhole To Grade Per CVWD Standards And Specifications, See Separate Proposed Sewer Plans EA 41 $800.00 $32,800.00 Construct Spillway/Access Ramp EA 4 $2,500.00 $10,000.00 Storm Drain Furnish and Install 18" HDPE Storm Drain. LF 1,578 $80.00 $126,240.00 Furnish and Install 30" HDPE Storm Drain. LF 638 $180.00 $114,840.00 Furnish and Install 18" x 45' HDPE Bend EA 3 $400.00 $1,200.00 Furnish and Install 18" HDPE Flared End Outlet Structure EA 5 $1,000.00 $5,000.00 Furnish and Install 60" Inside Diameter Manhole Per CVWD Dwg. Std. S-5 EA 5 $4,500.00 $22,500.00 Install Rock Energy Dissipator per RCFC & WCD Std. Dwg. No. JS333 EA 5 $500.00 $2,500.00 Install Inlet Structure EA 1 $2,500.00 $2,500.00 SUBTOTAL OF STREET AND STORM DRAIN IMPROVEMENTS $2,787,132.00 20% CONTINGENCY $557,426.40 TOTAL $3,344,558.40 Assumptions: 1. These quantities are based on the Del Webb Exlore at Palm Desert Street and Storm Drain Improvement Plan completed on 05/24/2024 2. The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management. 3. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown. Page 3 of 3 M Bond No. 59BSBJF1494 SUBDIVISION IMPROVEMENT AGREEMENT SURVEY MONUMENTS BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and Pulte Home Company, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for the setting of survey monumentation as shown in Parcel/Tract Map No. 38434 which is not to be completed prior to the recording of the final map or parcel map; WHEREAS, the survey monumentation to be performed by Principal is more particularly set forth in that certain Subdivision Improvement Agreement dated 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond to insure the setting of the monuments as required therein and payment to the Engineer or Surveyor who sets such monuments thereunder. NOW, THEREFORE, Principal and Hartford Fire Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of onnectacut and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Sixty Severs Thousand Six Hundred Ninety Five and 00/100 ($ 67,695.00 ), said sum being not less than one hundred percent (100%) of the total cost of the setting of monuments as set forth in the Improvement Agreement and payment due to the Engineer or Surveyor for setting such monuments, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties for the setting of survey monumentation in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and 7 2500,0000 1 N30593489.1 specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the Improvement Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 8th day of Juiy 2024 , (Corporate Seal) (Attach Attorney -in -Fact Certificate) PuIte HofW jrn pan , LLC Principal By. Title Gregory S. Rives, Assistant Treasurer Iartford Fire Insurance Company Surety By Attor y-in-Fac. Title Jerem Po At ne -in-Fact The rate of premium on this bond is $3.90 per thousand. The total amount of premium charges is $ 264 (The above must be filled in by corporate attorney.) THIS 1S A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Hartford Fire Insurance Company One Hartford Plaza _... Hartford. CT 06155 (Name and Address of Agent or Jeremy Polk c/o USI Insurance Services, LLC Representative for service of 10940 White Rock Rd, 2nd Floor process in California, if different Rancho Cordova, CA 95670 from above) (Telephone number of Surety and Agent or Representative for service of process in California) 602-505-6880 7 2500.0000 1 \30593499.1 :1• ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA) 5S. COUNTY OF COBB) This record was acknowledged before me on 0 1 74L , 2024, appeared Gregory S. Rives, Pulte Home Compa y, L C, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand official seal. Si a of ary Public T. JESSICA MASK Notary Public Stale of Georgia My Commission Expires: February 21, 2026 T JESSICA MASK Notary Public - State of Georgia Cobb County My Commission Expires Feb 21, 2426 -O ACKNOWLEDGEMENT State of Arizona County of Maricopa On % before me personally appeared Jeremy Polk whose identity wJs proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) Notary Signature ,,,e s;• MATTHEW STANTON ERRA Matthew Stanton Erra NgTARY PUBLIC - ARIZONA MARICCIPA COUNTY Commission Expires March 9t ; 2026 COMMISS;ON # 622269 MY C.gMMIS51gI`1 EXPIRES ` ;;> MARCH 09, 2026 Directlnquiries/Claims to: THE HARTFORD T-11 POWER Off` ATTORNEY ConnOND, Hartford,One ectiPlaza cut 06155 aond.Clatms(Rthehartford.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SERVICES LLC Agency Code: 59--300166 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut I ' 1 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organi-r_cd under the laws of the State orConnecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford insurance Company of the Midwest, it corporation duly organized tinder the laws ofthc State of hndiana Hartford Insurance Company of the Southeast, it corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amountof Unlimited : Matthew Erra, Jeremy Polk of PHOENIX, Arizona their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Shelby Wiggins, Assistant Secretary STATE OF FLORIDA s5. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Fladda; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. - y • . , •��; Jessie,{ Ciccone t ai ;cLa N1y Coni nissioa I II 11222SO Expires hme 20, 2025 I, the undersigned, ,Assistant.Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 8th, 2024 Signed and sealed in Lake Mary, Florida. �¢�p7P�o�5-♦{CH rlf.r � F ,. i!}y a W"-"g Joelle L. LaPierre, Assistant Vice President %i ,,•��1,',' i7"t ,�'"L` ;zit;-��. Keith D. Dozois, Assistant Vice President :1• ENGINEER'S OPINION OF PROBABLE COSTS FOR DEL WEBB EXPLORE AT PALM DESERT MONUMENTATION OKAY FOR BONDING C.F. Prepared for: Pulte Home Company, LLC 27401 Los Altos, Suite 400 Mission Viejo CA 92691 Tract Map No. 38434 Project Location: South of Gerald Ford Drive in the City of Palm Desert June 6, 2024 M SA JOB #2636 is • Environmental Services • Dry L )rn 1w 34200 Bob Hope Drive Rancho Mirage, CA 9227017603,' �?\ Mq—A CONSUI or Page 1 of 2 .e DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST Street Monumentation LOT 197 $300.00 $S9,100.00 SUBTOTAL OF MONUMENTATION $59,100.00 15% CONTINGENCY $8,865.00 TOTAL $67,965.00 Assumptions: 1. These quantities are based on the Del Webb Exlore at Palm Desert Final Tract Map 38434 prepared on 06/04/2024. 2. The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management. 3. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown. Page 2 of 2 811 Bond No. 268019442 SUBDIVISION IMPROVEMENT AGREEMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and Pulte Home Company, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. TR38434-1 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. s THEREFORE, Principal and Liberty Mutual Insurance Company ("Surety"), a u , .. ,........ _..._. corporation organized and existing under the laws of the State of Massachusetts , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of ONE MILLION SEVEN HUNDRED AND ELEVEN THOUSAND NINE HUNDRED FIFTY SEVEN AND 001100 DOLLARS ($ 1,711,957.00 ), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and 72500.00001\30593489.1 812 specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7th day of August 12024 , (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) The rate of premium on this bond is $3.75 charges is $ 6,420.00 [annual] (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) Pulte Home Company, LLC Principal gq_Mlyf.� Gregory S. Rives Title Assistant Treasurer per thousand. The total amount of premium Liberty Mutual Insurance Company - Claims 175 Berkeley Street, Boston, MA 02116 (617) 357-9500 NIA NIA 72500.00001130593489.1 813 executed this day of , 2024. pulte Home Company, LLC PRINCIPAL ;,-Gregory,°. Rives, Assistant Treasurer Notary Attached Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF GEORGIA COUNTY OF COBB On A 200Y, before me, T. Jessica Mask Notary Public, personally appeared Gregory S. Rives who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true a T Jlic - St MASK to of WITNESS m hand and official seal. Notary Public -State of Geor]2026 y Cobb County My Commission Expires Feb 21, Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer i i€ietsl i we or i ype oT uocun ❑Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) _ ❑ Guardian/Conservator Date of Documeni ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Nam NOTE: This acknowledgment is to be completed for Principal. 72500, 00001 \30593489.1 815 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF ILLINOIS COUNTY OF COOK On 7th dayof Au ust Nicholas S. Joslyn 20�, before me, ,Notary Public, personally appeared PQIVr S. Forkerwho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and OFFICIAL, SEAL LNOTARY;PUBLIC, CHOLAS S JOSLYN WITNESS my hand and official seal. STATE OE ILLINOIS MMISSION EXPIRES 03/03/27 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -I n-Fact ❑Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of Attorney to local representatives of the bonding company must also be attached. 72500.0000 t130593489.I This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. L��iberty1 Liberty Mutual Insurance Company Mutual.® The Ohio Casualty Insurance Company Certificate No: 8205863-972267 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cole P. Hillestad; Peter S Forker, Rebecca M. Johlie; Stephanie C. Anderson; W. C. Behnke; William C. Behnke all of the city of Chicago state of IL each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of June 2021 Liberty Mutual Insurance Company P� 1NSUy 9 Pitt INS& t14SU? The Ohio Casualty Insurance Company j��oRPO�srQ gyJaa°gPO74T�y�P. West American Insurance Company 1912� 0 1919� n 1991n 017 By: dgY�'pACwU9 aaa �� HAM7g� aD Ys �HafANP ash j� _ (] David M. Carey, Assistant Secretary C 0 State of PENNSYLVANIA — Ccunly of MONTGOMERY ss 0 On this 29th day of June 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = therein contained by signing on behalf of the corporations by himself as a duly authorized officer. M 3 m O 2 I� I� C aS ro IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Commonwealth of Pennsylvania - Notary seal Teresa Paslolla, Notary Public CP Montgomery County My commission expires March 28, 2025 By- Fyer Comm issionnumheril2&0A4 ?s" YL`4Q G Member, Pennsylvania Association of Notaries ereSa Pastella, Notary Public ARY t� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such allomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney execuied:by;sai.tl Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21�1_ day of Lk (�. b ,'t ta" o" y co o� c� Co — D U P, 1NSUp_ �vqY INSV a XNSUR Ayr4 a F F �1912y0 0y1919�01991�4 d� sAeNVg aL o NgMp9� as YS �H°IAA! as Renee C. trlavieliyn, Assistant 5ecret5 LMS-12e73 LMIC OCIC WAIC Multi Co 02121 817 STATE OF Illinois County of Cook On this 7th ACKNOWLEDGMENT BY SURETY ss. day of August 2024 , before me personally appeared Peter S. Forker , known to, me to be the Attorney -in -Fact of Liberty Mutual Insurance Company the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. =COMMISSIONEXPiRES SLYN OF ILLINOIS ES o3l03l27 No Public in th ate o ols County of C 5-02301GE 10/99 81°P Bond No. 268019442 SUBDIVISION IMPROVEMENT AGREEMENT PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, California ("City") and Pulte Home Company, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. TR38434-1 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. NOW, THEREFORE, Principal and Liberty Mutual Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Massachusetts , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of ONE MILLION SEVEN HUNDED ELEVEN THOUSAND NINE HUNDRED FIFTY SEVEN AND 001100 DOLLARS ($ 1,711,957.00 ), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 72500,00001\30593489. t Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition, This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7th day of August 12024 . (Corporate Seal) (Corporate Sea[) (Attach Attorney -in -Fact Certificate) The rate of premium on this bond is 3.75 charges is $ 6,420.OLannual] (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) Pulte Home Company, L[_C Principal By SEE ATTACHED Gregory S. Rives Title Assistant Treasurer per thousand. The total amount of premium Liberty Mutual Insurance Company - Claims 175 Berkeley_ Street, Boston, MA 02116 (617) 357-9500 NIA 72500.00001 \30593489. t 1 executed this day of RlAgAa' 2024. Pulte Home Company, LLC PRINCIPAL Notary Attached 821 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF GEORGIA COUNTY OF COBB On 20r�V, before me, T. Jessica Mask Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and TJESSICAMASK WITNESS my hand and official seal. Notary Public - State of Georgia Cobb County My Commission Expires Feb 21, 2026 Signature of Notary Public OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑Corporate Officer i rtietsl I stle or r ype or uocurr ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney-1 n-Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Principal. 72500, 00001 \30593489. i 822 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF ILLINOIS COUNTY OF COOK On 7th Day of August , 2C)24 , before me, Nicholas S. Joslyn , Notary Public, personally appeared Peter S. Forker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true a — OFFICIAL SEAL L LAS S JOSLYN WITNESSmy hand and official seal. L1G, STATE OF I€.LINOIsSION EXPIRES 03/03/27 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑Corporate Officer Title(s) Title or Type of Docun ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Nam NOTE: This acknowledgment is to be completed for the Attorney -in -Fact for Surety. The Power -of Attorney to local representatives of the bonding company must also be attached. 72500.0000 1\30593489.1 823 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. ui N C m im I = c. tm i� ra i� iCut I U) ;0 1 � f1 � . N i _ Liberty mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205863-972267 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cole P. Hillestad, Peter S Forker; Rebecca M. Johlie; Stephanie C. Anderson; W. C. Behnke; William C. Behnke all of the city of Chicago state of IL each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of June , 2021 . of PENNSYLVANIA v of MONTGOMERY Liberty Mutual Insurance Company SNSUhi 0INS& N tNSbq The Ohio Casualty Insurance Company ?�oRP6Rar�oy0� Q 2�oRP0ftar��y� 4 34o�P0Nj.. 0 West American Insurance Company 1912 0 1919 LU 1991 0 tyl ss4cHos ,dad xo 'ramps da ds 'NQIAxa$ ' 0/7 * �� �y1 By: David M. Carey, Assistant Secretary this 29th day of June , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance npany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes 'ein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. S1, PAS, t�anCommonwealthefPennsyWnia- NotarySeal Teresa PtgomerNotary Public OF Montgomery County My commission expires March 28, 2025 By: Comm ' +SYV`1 4 Member. Pennsylvania ly numberon Assoda¢ on a Noladas eresa Pastella, Notary Public `'TRRy This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atlomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE X111— Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of allomay, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such aitomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization _ By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of SNSU �( Y INso S $� �Po��Pgyn �P=0%pop,roRlm 1912 0 1919 n 2 1991 0Gs �/•. m m o a By: Yd,� �S4, 1, .dad yO NRMPg'�,dL �s �NQFANt" .aa Ranee C. LleWei;V,n, A.'�SIS'Ef?t �Creta ry ui LD a Z O b d `- N O C14 yco `0 `a to c� m— n� U LMS-12873 LMIC 0= WAtG Multi Co 02121 824 ACKNOWLEDGMENT BY SURETY STATE OF Illinois S5. County of Cook On this 7th day of August 2024 before me personally appeared Peter S. Forker known to, me to be the Attorney -in -Fact of Liberty Mutual Insurance Company the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. o1AL SEAi- [NICHOtLASIS pus S �OSLYLLIN MMISN EXIS P1RESrE OF lrArE OF0310�2� No a Public in t ate ois Co my of C S-02301GE 10I99 82�" OK FOR BONDING C.F. 8/6/2024 ENGINEER'S OPINION OF PROBABLE COSTS FOR EXPLORE STREET AND STORM DRAIN IMPROVEMENTS Prepared for: Pulte Home Company, LLC 27401 Los Altos, Suite 400 Mission Viejo CA 92691 Tract Map No. 38434-1 Project Location: North of Frank Sinatra Drive in the City of Palm Desert August 6, 2024 MSA JOB #2636 MSA CONSULTING, INC. ivil Engineering . Land Surveying • Lanpscape Architecture Tanning • Ervironmental Services . Dr} Ltili-yrCoordination •CIS "�o Bob Hope Drive Rancho Mirage, CA 922701760MO.9811 I MSACauulUnginC.com DESCRIPTION UNIT QUANTITY UNIT COST I TOTAL COST Street Install 3" A.C. Pavement Over 6" Class II Aggregate Base vF 303,935 $6.00 $1,215.740.00 Install Decorative Pavement, Color and Type Per Landscape Architect's Plans_ See Detail on Sheet 17 ',I 5,5r? $15-00 $8-3,775.00 construct " Curb and Gutter Type I Per [city of Palm Desert Standard Plan No_ 102 LF 7,320 $40,00 $292,800,00 Construct 6" Curb Type II Per City of Palm Desert Standard Plan No_103 L- 2,470 $40.00 $98,800,00 Construct 6" Wedge Curb. See Detail A on Sheet 17 L= 9,455 $40,00 $378,200.GO Construct 6" Mountable Curb_ See Detail B on Sheet 17 L= /160 $35.00 $16,100.00 Construct Curb Transition (Wedge Curb to Curb and Cutter) Per Detail on Sheet 17 Fi; 46 $150.00 $6,900.00 Canstruct Crass Gunter Type II Per City of Pal rn Desert Standard PIar} No.106 with Modified Slope as Shown in Detail on Sheet No_ 17 SF 9,505 $20.00 $190,100,00 Con struct 4" Thick P.C.C. Sidea I per City of Palm Desert Standard Plan No.104 (1.5%Cross S I ope Typica II) vF 98,625 $6.00 $S92,950,00 Con struct Curb Ram p Case A Per Cou my of Riverside Std. No. 403 F-A 25 $6,000.00 $1S0,000.00 Construct Curb Ram p Case C Per County of Riverside Std. No. 403 EA 4 $ ,000.00 $24,000.00 Construct Curb Pump Case F Per Caftans Std. Dwg_ No. A88A EA 8 $6r000,00 $48,000.00 Const. Curb Inlet Catch Basin Per County of Riverside Std. Dwg. INN. 300, See Plan For W and H EA 14 $10,000,00 $140,000,00 Construct Gutter Depression for Curb Opening Catch Basin Per Cou my of Riverside Std. Dwg. No. 311, See Plan for Case LA 14 $2,000.00 $28,000.00 Deleted - - $0.00 Sacut and Join Existing Pavement Per Overlay Join Detail on Sheet No_ 17 L 82S $2.50 $2,062-50 Adjust Water Valve To Crada Par CVWD Standard And Specifications, See Separate Proposed Water Plans FA 66 $800.00 S52300.00 Page �, of r} 827 adjust Sewer Manhole To Grade Per CVW Standa rds And Specifications, See Separate Proposed Sewer Plans U% 50 $800,00 $40,000.00 Con struct8"Thick P.C.G. SpiIlway/Access Ramp per Enlarged Details 1, 2, 3, And 4 Dn Sheet 20. EA $2,500.00 $10,000.00 Su 1 $3,370,227.50 Storm Drain Furnish and Install 18" HDPE Storm Drain_ See HDPE Typical Trench Section Sheet 24 L= -,160 $80.00 $92,800.00 Furnish and Install 24" HDPE Storm Drain. See HDPE Typical Trench Section Sheet 24 L= 675 $130,00 $87,750.00 Furnish and Install 30" HDPE Storm Drain. See HDPE Typical Trench Section Sheet 24 L= 800 $180.00 $144,000.00 Furnish and Install 36" HDPE Storm Drain. See Typical Trench Section Sheet 24 LF SS0 220_00 $121,000.00 Furnish and Install 18' x11.25' HDPE Bend EA 1 $ 0Q_00 $400.00 Furnish and Install 18' x 45' HDPE Bend EA 1 S 00.00 $400.00 Furnish and Install 24" x 45' HDPE Bend EA 1 600_00 S600.00 Furnish and Install 30" x 18" HDPE WYE EA 1 600_00 $600.00 Furnish and Install 24" HDPE End Cap EA 1 600_00 $600.O0 Furnish and Install 18' HDPE Flared End Outlet Structure EA 1 $1,000,0o $1,000.00 Furnish and Install 36" HDPE Flared End Quilet Structure EA 1 $1,200.00 $1.200.00 Furnish and Install 60" Inside Diameter Manhole Per CVWD D g. Std. S-S EA .S $4,500.00 $22,500.00 Furnish and Insta1172" Inside Diameter Manhole Per CVWD Dwg. Sid. S-5 EA 2 $6,000,00 $12,000.00 Construct Concrete Col I a r Per P.C.F.C_D. Std. Dwg. No. M803 EA 1 $1,500.00 $1,500.00 Construct Rip - Rap Energy Dissipater pad per City of San Diego Dwg, No_ SDD-104 and Detail on Sheet No_ 17 and 20 FA 2 $500,00 $1,000,00 Construct Storm Drain Bubbler Outlet Per Detail on Sheet No. 20 FA 3 $1.500.00 $4,500.00 Install Basin Overflow Inlet per Detail A on Sheet 24 U% 1 $2,500,00 $2,500.00 Furnish & Install 12" HDPE Storm Drain. See HDPE Typical Trench Section Sheet 24 L= 15 $50,001 $750,00 Page 3 of 5 Furnish and Install 18" x 12" HDPE WYE EA 2 $400,00 $800.00 Furnish and Install 12" HDPE End Cap EA 2 $400,00 $800.00 Furnish and Install 30" x 11.2S° HDPE Bend EA 1 $600.00 S600.0o Su btota I 1 $497,300.00 Demolition Rernove Existing AC Pavement and Base Material _7F 6,990 30.00 $209.300.00 Remove Existing Conc Curb and Gutter LF 34S $10.00 $3,450.00 Clear and Grub Surrounding Construction Area _S 1 $S0,000.00 $50,000.00 Sacut Curb, Curb and Gutter and AC Pavement LF 334 $12.00 $4.008,00 Grind Existing AC_ Pavement Down 0.1' and Overlay 5F 68 $350.00 $23,800.00 5a cul AC Pavement and Portion of Conc. Cross G utter S F 167 $10.00 $1,670.00 Remove Existing "AC Curb LF 100 $3.00 $300.00 Remove Existing Traffic Barrier EA 1 $500,00 $500.00 Remove and Replace Exist. Stop Sign EA 1 $1,000.00 $1,00o.001 Su btota I r $294,428.00 Fire Access Install 4' A_C._ Pavement Over 6" Class I' Aggregate Base (Fire Access Road) F 20,185 $4,00 $80,740.00 *subtotal $80,740.00 Assumptions: 1. These quantities are based on the Explore Street and Storm Drain Improvement P I a n completed on 07/15/2024. UMMARY DESIRIPTIN TOTAL COST Street $3,370,227.50 Storm Drain $497.300.00 Demolition $294,428.00 Fire Access $00,740.00 SUBTOTAL $4,242,69&SD 20% CONTINGENCY $848,539.10 TOTAL 5,091,234.60 Assumptions: TR.38434-1 Existing Bond No. 0259685: TR.38434-1 Additional Bond Amount Required: $39379,277.30 $197119957.30 Page 4 of S 829 1. The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction manaaement. 2. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual auantities shown. Page S of S 1 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City Clerk's Office City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Record for the Benefit of the City of Palm Desert Pursuant to Government Code Section 6103 2023-0150325 05/25/2023 01:19 PM Fee: $ 0.00 Page 1 of 6 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder (This Space for Recorder's Use Only) APN: Portion of 694-310-007 and Portion of 694-310-010 Documentary transfer tax is $0.00 Exempt from Documentary Transfer Taxes Pursuant to R & T Code Section 11922 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Palm Desert, a municipal corporation, ("Grantor") hereby grants public use, to the CITY OF PALM DESERT, a California municipal corporation ("Grantee"), an easement for Public Street purposes, hereby named Explorer Drive, and an easement for Public Utility purposes over, under and along the real property in the City of Palm Desert, County of Riverside, State of California, as described in Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this reference. The City of Palm Desert, a municipal corpor iqn L.TO H LEMAN Its: CITY MANAGER Dated: 5/a`9_3 831 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On �o' � 2023, before me, M. Q. 'S�-ez , a Notary Public, personally appeared 4.• TQ9W #f 16M) , who proved to me on the basis of satisfactory evidence to be the person(p) whose name(.-*) is/aKe subscribed to the within instrument and acknowledged to me that he/sf e/tVey executed the same in his/her/tlAeir authorized capacity(ie6), and that by his/har/thbir signature(s) on the instrument the person(sf, , or the entity upon behalf of which the person(4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature *my MG.SANCHEZ Notary Public • California Riverside County Commission N 2419214 Comm. Expires Oct 29, 2026 832 EXHIBIT 'A' LEGAL DESCRIPTION PUBLIC STREET AND PUBLIC UTILITY EASEMENT BEING A STRIP OF LAND, VARIABLE IN WIDTH, LYING WITHIN A PORTION OF THAT CERTAIN CORRECTIVE GRANT DEED, RECORDED APRIL 4, 2023 AS DOCUMENT NO. 2023-0095443, AND A PORTION OF THAT CERTAIN QUITCLAIM DEED RECORDED JULY 21, 2014 AS DOCUMENT NO. 2014-0268859, BOTH OF OFFICIAL RECORDS, RIVERSIDE COUNTY. ALSO BEING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY NORTHEASTERLY CORNER OF PARCEL "A" OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (WAIVER OF PARCEL MAP PMW-21-0009), RECORDED APRIL 07, 2022 AS DOCUMENT NO. 2022-0167200 OF OFFICIAL RECORDS, SAID POINT ALSO LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF GERALD FORD DRIVE PER DOCUMENT NO. 247410, RECORDED NOVEMBER 01, 1985 OF OFFICIAL RECORDS; THENCE, LEAVING SAID SOUTHERLY RIGHT OF WAY AND CONTINUING ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL "A", ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF SAID DOCUMENT NO. 2023-0095443, SOUTH 47023'23" EAST A DISTANCE OF 34.01 FEET; THENCE, CONTINUING ALONG SAID EASTERLY BOUNDARY LINE AND SAID WESTERLY RIGHT OF WAY LINE, SOUTH 00°03'36" WEST A DISTANCE OF 942.64 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "A", AND THE SOUTHWEST CORNER OF SAID DOCUMENT NO. 2023-0095443; THENCE, LEAVING SAID EASTERLY BOUNDARY LINE AND CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID DOCUMENT NO. 2023-0095443, SOUTH 89056'24" EAST A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF SAID DOCUMENT NO. 2023-0095443; THENCE, LEAVING SAID SOUTHERLY RIGHT OF WAY LINE AND CONTINUING ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID DOCUMENT NO. 2023-0095443, AND ITS NORTHERLY PROLONGATION ACROSS PARCEL'A' OF SAID QUITCLAIM DEED, NORTH 00°03'36" EAST A DISTANCE OF 721.56 FEET; THENCE, NORTH 06°03'39" EAST A DISTANCE OF 76.52 FEET; THENCE, NORTH 00°03'36" EAST A DISTANCE OF 145.26 FEET; THENCE, NORTH 47°22'56" EAST A DISTANCE OF 33.93 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF SAID DOCUMENT NO. 247410; THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 89°55'15" WEST A DISTANCE OF 118.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF AREA OF 60,171.08 SQUARE FEET / 1.381 ACRES MORE OR LESS. ATTACHED HERETO IS EXHIBIT'B' AND BY THIS REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME OR CD LAN p S& UNDER MY DIRECTION ON: 05/19/2023 G ARNOLD J. WHITAKER NO. 7883 Q AR OLD HITAKER EXP. 03-31-25 9TF of CpL\F��` PLS 78 SHEET 1 OF 1 833 EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR PUBLIC STREET AND PUBLIC UTILITY EASEMENT 55' RIGHT OF WAY PER DOC. NO. 247410, RECORDED 11/01/19/85, O.R. CENTERLINE & N'LY LINE OF N/4 COR. SECTION 32 TAS., R.6E., S.B.M. SEC. 32 BASIS OF BEARINGS N 89°55'15"E 2635.71' 4 7— GERALD FORD DR L8 _ (PUBLIC) NE COR. - — — — SEC. 32 R/W LINE & Q �o SITE GERALD FORD o,Q TAS., R.6E. SHEPHARD LN FRANK SINATRA DR T.5S., R.6E. c tK COUNTRY z CLUB 2 0 DR a N'LY BOUNDARY / 1 VICINITY MAP LINE OF PAR. "A" R/W LINE LEGEND N.T.S. TP.O.B. — — PARCEL BOUNDARY / STREET R/W NE'LY COR. — CENTERLINE EASEMENT BOUNDARY PAR. "A" AREA = 60 171 08 SF / 1 381 AC a) o 0 oN r 6 O) 68' / Na O i N O I J O N O �N�— 60' a_ ^o M 0 1 0 z .0 rn (O Q(nU Zw (if aw a J J R/W LINE & E'LY BOUNDARY LINE OF PAR. "A" SE'LY COR. PAR. "A" m rn M� 0 (D QwO� O � I o WM�O m N N M a� 1 5 Z O C3 � U U (D OW TP.OB. TRUE POINT OF BEGINNING INDICATES RECORD DATA PER DOC. NO. 2023-0095443 BASIS OF BEARINGS THE N'LY LINE OF THE NE 1/4 OF SEC. 32, T. 4 S., R. 6 E., S.B.M. AS SHOWN ON RECORD SURVEY, ON FILE IN BOOK 128, AT PAGE 93 OF RECORD OF SURVEY. TAKEN AS N89°55'15"E . LAND SLAG L ARNOLD J. �t WHITAKER IN,O. 7883// RIGHT OF WAY OF CALXFO4 DEDICATED PER DOC #2023-0095443, RECORDED 4/04/23, O.R. SOUTH LINE OF DOC. 3z� . NO. 2014-0268859 w QfO a�fifo 0 �Z0C 1 d]tZ�NO M a,�oW O N �t awl o0 d N N I L3 SE'LY COR. DOC. NO. 2023-0095443 LINE DATA L BEARING DISTANCE L1 (S47'23'23"E) (34.01') L2 (S00'03'36"W) (942.64') L3 (S89'56'24"E) (60.00') L4 NOO'03'36"E 721.56' L5 N06'03'39"E 76.52' L6 N00'03'36"E 145.26' L7 N47'22'56"E 33.93' L8 S89'55'15"W 118.00' GRAPHIC SCALE 100 0 100 200 ( IN FEET) 1" = 100' SHEET 1 OF 1 mi. C I I Y Of PRIM 0ESERi 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061I info@cityofpalmdesert.org Vitalia Project Public Street and Public Utility Easement Portion of APN 694-310-007 and Portion of 694-310-010 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the GRANT OF EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES dated May 24, 2023, from the CITY OF PALM DESERT, a municipal corporation, to the CITY OF PALM DESERT, a municipal corporation, is hereby accepted pursuant to its Resolution No. 77-48, adopted May 12, 1977. w HONY J. M IA, MMC, CIT CLERK CITY OF PALM D LIFORNIA May 24, 2023 i� PRIHPEO ON RE(Y(lER PRPFR Page 1 of 2 835 RESOLUTION NO. 77-48 A RESOLUTION OF THE CITY OF PLAN DESERT, CALIFORNIA, AUTHORIZING THE CITY CLERK TO ACCEPT OFFERS OF RIGHT-OF-WAY ON BEHALF OF THE CITY UPON THE RECOMMENDATION OF THE CITY ATTORNEY AND CITY ENGINEER The City Council of the City of Palm Desert does hereby resolve that the City Clerk is authorized to accept and record on behalf of the City all offers of dedication, easements, and other grants of right-of-way offered to the City for public purposes when such acceptance is reconnendcd by both the City Attorney and the City Engineer. PASSED, APPROVED, and ADOPTED on this 12th day of May, 1977, by the following vote: AYES: Brush, McPherson, Newbrander, Wilson 6 Mullins NOES: ABSENT: ABSTAIN: ATTEST: SHEILA R. GIL , C tr ler City of Palm Desert, Cal fo rnia EACH DOCL04MTO WHIC"THIS CERTIFICATE IS ATTACHED IS CERTIFIED TO BE A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL ON FITS AND ON WORD EMI W OFFICE. Page 2 of 2 836 EMERGENCY ACCESS EASEMENT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73 510 Fred Waring Drive Palm Desert, CA 92260 MAIL TAX STATEMENTS TO: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 (Space Above This Line For Recorder's Use Only) (Exempt from recording fees pursuant to Government Code Sections 6103 and 27383) The undersigned grantor declares, pursuant to Section 11932 of the Revenue and Taxation Code, as amended: Property described in this document is located in the City of Palm Desert, County of Riverside The amount of tax due on this document is $ Q (NO DOCUMENT TAX DUE R & T CODE 1192) EMERGENCY ACCESS EASEMENT DEED FOR VALUE RECEIVED, REFUGE PALM DESERT, LLC, a Delaware limited liability company ("Grantor"), hereby grants to the CITY OF PALM DESERT, a municipal corporation ("Grantee"), a temporary, nonexclusive easement for emergency access purposes on, over, under, along and across a portion of Grantor's real property located in the City of Palm Desert, County of Riverside, State of California. Grantor's real property is more particularly described on Exhibit A attached hereto and incorporated herein by this reference ("Grantor's Property"). The emergency access easement is located on that portion of Grantor's Property described and depicted on Exhibit B attached hereto and incorporated herein by this reference (the "Emergency Access"), for the purpose of providing emergency access to and from the adjacent master -planned residential community commonly known as Del Webb Explore and identified by the City of Palm Desert as Tract No. 38434, until such time as a final map or condominium plan is recorded on the Grantor's Property dedicating a roadway for public purposes along the Emergency Access. This Emergency Access Easement shall automatically terminate and be of no further force or effect, without the need to execute or record any further documentation, upon 837 dedication of a roadway for public purposes in the general alignment of the Emergency Access and providing emergency access to the Del Webb Explore project. IN WITNESS WHEREOF, the undersigned has executed this Emergency Access Easement Deed dated as of d u4m� O? , 2024. REFUGE PALM DESERT, LLC, a Delaware limited liability company By: Its: RM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA ) 01tomse - SS COUNTY OF FdYL�R9IB£ ) On ?uLY q , 2024 before me, 1-IMR114 ELIEW VORONOov, Notary Public, personally appeared _rNlzc VtemAN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KArHaiNE ELLEN VOAOMKov Notary Public • California Signature- (_�� 1 l IIW Orate County g _ Commission 8 2384302 *"y Comm. Expires Nov 23, 2025 • EXHIBIT A TO TEMPORARY EMERGENCY ACCESS DEED GRANTOR PROPERTY LEGAL DESCRIPTION [to be attached] e PARCEL "A" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 21-0009, RECORDED APRIL 7, 2022, AS INSTRUMENT NO.2022-0167200, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN THE EAST HALF OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "B"; THENCE ALONG THE NORTH LINE OF SAID PARCEL "B" THE FOLLOWING THREE (3) COURSES; 1) NORTH 89°55'15" EAST, A DISTANCE OF 505.00 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL "A" OF SAID CERTIFICATE OF COMPLIANCE AND AN ANGLE POINT IN SAID NORTH LINE; 2) SOUTH 00°03'36" WEST, A DISTANCE OF 81.78 FEET ALONG SAID NORTH LINE OF SAID PARCEL "B" TO THE SOUTHWESTERLY CORNER OF SAID PARCEL "A"; 3) SOUTH 89-56-24" EAST, ALONG THE SOUTH LINE OF SAID PARCEL "A", A DISTANCE OF 539.40 FEET TO THE SOUTHEAST CORNER THEREOF, BEING ALSO THE SOUTHWEST CORNER OF THAT GRANT OF RIGHT-OF-WAY DESCRIBED IN DEED RECORDED DECEMBER 13, 2022 AS DOCUMENT NO. 2022-0500103, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 89056-24" EAST, A DISTANCE OF 60.00 FEET, ALONG THE SOUTH LINE OF SAID GRANT OF RIGHT-OF-WAY TO THE SOUTHEAST CORNER THEREOF; THENCE CONTINUING SOUTH 89056'24" EAST, A DISTANCE OF 14.63 FEET; THENCE SOUTH 43030'23" EAST, A DISTANCE OF 65.77 FEET; THENCE SOUTH 00001'09" EAST, A DISTANCE OF 491.94 FEET; THENCE SOUTH 89058'51" WEST, A DISTANCE OF 445.25 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 30.00 FEET; 1 OF 2 THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43043'23", AN ARC DISTANCE OF 22.89 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 89.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 43°42'14" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 87026'46", AN ARC DISTANCE OF 135.83 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43-44-32" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43043'23", AN ARC DISTANCE OF 22.89 FEET; THENCE SOUTH 89058'51" WEST, A DISTANCE OF 19.25 FEET; THENCE NORTH 00001'09" WEST, A DISTANCE OF 82.00 FEET; THENCE SOUTH 89058'51" WEST, A DISTANCE OF 535.92 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL "B"; THENCE NORTH 00003'36" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL B, A DISTANCE OF 539.76 FEET TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 14.282 ACRES MORE OR LESS. 2OF2 am EXHIBIT B TO TEMPORARY EMERGENCY ACCESS DEED EMERGENCY ACCESS LEGAL DESCRIPTION [to be attached] EXHIBIT "B" LEGAL DESCRIPTION EMERGENCY ACCESS EASEMENT "EASE 24-0002" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL "A" OF THAT CERTAIN PARCEL MAP WAIVER NO.23-0006, RECORDED JANUARY 26, 2024, AS INSTRUMENT NO. 2024-0025079, AND DEED RECORDED FEBRUARY 1, 2024, AS INSTRUMENT NO. 2024-0029527, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN THE EAST HALF OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A" THE FOLLOWING FIVE (5) COURSES: 1) NORTH 89°58'51" EAST, A DISTANCE OF 535.92 FEET; 2) SOUTH 00°01'09" EAST, A DISTANCE OF 82.00 FEET; 3) NORTH 89°58'51" EAST, A DISTANCE OF 19.25 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 30.00 FEET; 4) EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43043'23", AN ARC DISTANCE OF 22.89 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 89.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 43044'32" WEST; 5) NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°58'27", AN ARC DISTANCE OF 55.88 FEET TO THE TRUE POINT OF BEGINNING A RADIAL LINE TO SAID POINT BEARS NORTH 07046'05" WEST; THENCE LEAVING SAID SOUTHERLY LINE AND NON -TANGENT TO SAID CURVE, NORTH 00001'09" WEST, A DISTANCE OF 242.92 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 48.00 FEET; 1 OF 5 EXHIBIT "B" LEGAL DESCRIPTION EMERGENCY ACCESS EASEMENT "EASE 24-0002" THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90-00-00", AN ARC DISTANCE OF 75.40 FEET; THENCE NORTH 89058'51" EAST, A DISTANCE OF 491.50 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID EASTERLY LINE, SOUTH 00-01-09" EAST. A DISTANCE OF 24.00 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89-58-51" WEST, A DISTANCE OF 491.50 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 24.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 37.70 FEET; THENCE SOUTH 00001'09" EAST, A DISTANCE OF 242.92 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 89.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 07°43'47" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15029'52", AN ARC DISTANCE OF 24.07 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 0.44 ACRES MORE OR LESS. 20F5 OR EXHIBIT "B" LEGAL DESCRIPTION EMERGENCY ACCESS EASEMENT "EASE 24-0002" AS DEPICTED HEREON. PREPARED BY OR UNDER THE DIRECTION OF: LUKE R. BEVERLY P.L.S. 8223 DATED: 7/9/2024 30F5 �pL LA% LUKE R. BEVERLY No. 8223 1 �rF of rc, EXHIBIT •B'j EMERGENCY ACCESS EASEMENT "EASE 24-0002" GERALD FORD DRY PARCEL "A"------ P.M.W. 23-0006 INST. NO. 2024-0025079 REC. 01/26/2024, O.R. 0' 600' 1200' SCALE 1"=600' DATED: 7/9/2024 P.O.C. —� SW CDR PAR "A" MB 289/15-26 JM U^OD OfO I n O Q o Oj C 00n0O1 tO o x �I N I az o a 0 0 Q N i NN o NNM Q M pCONM O W O C^ I I W O 0C-4 m O�7 w FOOD OL:lZNO' Q �Zo zz7Z a 0-620z 0 La a= z_ EMERGENCY ACCESS _ EASEMENT I. T.P.O.B. PARCEL "B" P.M.W. 23-0006 INST. NO. 2024-0025079 REC. 01/26/2024, O.R. APN 694-300-003 B 3119/61-63 MB 480/75-83 MB 323/15-16 412/100-103 406 95-98 I � � 315 93-95 IB 310 1-4 I l f—T—) (-'i i-r' i - r -T-) LPL REVEVVED BY- DATE• MMNAEL D. MYERS R.C.E 50702 ACTIN CITY SURVEYOR MSA CONSULTING, INC. > PLANNING > CIVIL ENGINEERING > LAND SURVEYING 34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270 760320.9811 MSACONSULTINGINC.COM ( 13F J.N. 2636 SHEET 4 OF 5 EXHIBIT "B" EMERGENCY ACCESS EASEMENT "EASE 24-0002" n � PARCEL "A" �2 P.M.W. 23-0006 W INST. NO. 2024-0025079 6 REC. 01/26/2024, O.R. M � bw W O a T.P.O.B. z EASEMENT AREA w 04 P.O.C. � / SW CDR PAR "A" N 89'58'5100 " E N m LINE DATA NO. BEARING LENGTH L1 S 00'01'09" E 82.00' L2 N 89'58'51 " E 19.25 L3 S 00'01'09" E 24.00 L4 N 00'01 09 W 242.912' L5 S 00'01'09 E 242.92' CURVE DATA NO. DELTA RADIUS LENGTH C1 43'43'23" 30.00' 22.89' C2 35'58'27' 89.00' 55.88' C3 15'29'5V 89.00' 24.07' C4 90,00,00" 48.00' 75.40' C5 90,00,00" 24.00' 37.70' NOTE: THE BEARINGS ARE BASED ON R.S. 128/93 ®EMERGENCY ACCESS EASEMENT 0.44 AC. POR. APN 694-310-011 N1 .. ww.www.r Gl I J L9 W 24' PARCEL "B" P.M.W. 23-0006 INST. NO. 2024-0025079 REC. 01/26/2024, O.R. EASEMENT NOTES: S 89'58'51 " W 491 SOUTHERLY LINE PARCEL "A" Q'47" E POR. APN 694-310-011 2 A RIGHT OF WAY FOR DITCHES AND CANALS AS RESERVED BY THE UNITED STATES OF AMERICA IN THE PATENT RECORDED MARCH 07. 1952 AS INSTRUMENT NO. 9713, IN BOOK 1348, PAGE 68 OF OFFICIAL RECORDS. THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION. SE COR PARCEL "A" EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, AS GRANTOR, TO REFUGE PALM DESERT, LLC, A DELAWARE LIMITED LIABILITY, AS GRANTEE, RECORDED DECEMBER 22, 2022 AS INSTRUMENT NO. INSTRUMENT NO. 2022-0511498 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO THE DOCUMENT FOR FULL PARTICULARS. 0' 200' 400' SCALE 1"=200' IVISA CONSULTING, INC. > PLANNING > CIVIL ENGINEERING > LAND SURVEYING 34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270 760.320.9811 MSACONSULTINGINC.COM ( VF J.N. 2636 SEC. 32, T4S, R6E S.B.M. SHEET 5 OF 5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Space Above This Line for Recorder's Use Only TEMPORARY EASEMENT AND MAINTENANCE AGREEMENT THIS TEMPORARY EASEMENT AND MAINTENANCE AGREEMENT ("Agreement") is entered into as of the day of July, 2024 ("Effective Date"), by and between the CITY OF PALM DESERT, a California municipal corporation ("Grantor") and PULTE HOME COMPANY, LLC, a Michigan limited liability company ("Grantee"). RECITAL A. Grantor is the fee owner of that certain real property located in the City of Palm Desert, County of Riverside, State of California more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Grantor Property"). B. Grantee is the fee owner of that certain real property located in the City of Palm Desert, County of Riverside, State of California more particularly described on Exhibit "B" attached hereto and incorporated herein by reference (the "Grantee Property"). C. Grantor desires to grant to Grantee a non-exclusive easement over the Grantor Property (the "Easement Area") for purpose of ingress and egress to the Grantee Property and for drainage over and across Grantor Property upon the terms and conditions set forth in this Agreement until such time that the Grantee obtains the Grantor Property in fee. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants, promises and undertakings set forth herein, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee and Grantee's employees, agents, and contractors ("Perm i ttees") a nonexclusive temporary easement over and across Grantor Property for (i) ingress and egress to the Grantee Property, including for the purpose of access for construction on the Grantee Property, (ii) drainage over, under and across the Grantor Property for natural storm water runoff, including the construction and installation of drainage facilities, and (iii) ingress and egress onto the Grantor Property to plant and maintain vegetation on Grantee Property (the "Easement"). •,. 2. Temporary Easement. The grant of the Easement shall continue until the earlier of (i) one (1) year from the date of this Agreement, or (ii) such time that the Grantee obtains the Grantor Property in fee. At the sole election of Grantor, this Agreement may be renewed for successive terms of one (1) year upon written notice from Grantor to Grantee. Unless Grantor has provided Grantee written notice of renewal at least ninety (90) days prior to the end of the then current term, this Agreement shall terminate as of the end of the then current term. 3. Construction of Drainage Facilities. Grantee shall not construct any drainage facilities within the Easement Area unless such drainage facilities are constructed in accordance with drainage plans approved in writing by Grantor and otherwise in accordance with all applicable laws. 4. Maintenance of Easement Area. Grantee shall, at Grantee's sole expense, at all times keep the Easement Area clean and free of debris and other obstructions and in compliance with all requirements of applicable laws and ordinances, and shall keep any improvements, including any drainage facilities, within the Easement Area in good order, condition and repair. 5. Installation and Maintenance of Landscaping. Grantee agrees that all landscaping within the Easement Area, including, without limitation, trees, shrubs and other vegetation, drainage and irrigation systems, shall be installed as provided in a landscape plan approved in writing by Grantor and following installation shall be permanently maintained in good, first class condition, healthy, without deterioration, free of waste and debris, and in conformity with the landscaping maintenance standards of Grantor. Dead or diseased plants shall be promptly replaced with landscaping similar in type, size and quality. Automatic irrigation systems shall be property maintained and other reasonable and adequate landscape maintenance facilities and procedures shall be provided to fulfill the foregoing requirements. 6. Maintenance by Grantor. Grantee agrees that if Grantee fails to perform any of the maintenance required pursuant to this Agreement, the Grantor may give written notice of the deficiency to the Grantee who shall have twenty (20) days to make the necessary correction, and if the correction is not made within twenty (20) days the Grantor may elect to perform the necessary maintenance. The Grantor may act either through its own employees or through an independent contractor. All costs incurred by Grantor in performing any maintenance pursuant to this Section shall be reimbursed to Grantor by Grantee within thirty (30) days of written demand by Grantor. If Grantee fails to pay the costs incurred by the Grantor within thirty (30) days of the date demand was made, the Grantor may make the costs a lien upon the Grantee Property by recording a notice that it has incurred expenses under the terms of this Agreement with the County Recorder of Riverside County. The notice shall state the fact that the City has incurred the costs under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid, and draws interest at the rate of 10 percent a year until paid. 7. Condition; Assumption of Risk; Indemnity. Grantee hereby accepts the Easement Area subject to all matters of record; provided, however, that any existing mortgagees or beneficiaries of any deeds of trust encumbering the Easement Area shall have consented to and subordinated the lien of such mortgage or deed of trust to this Agreement. To the maximum extent allowed by law, Grantee, for itself and on behalf of its Permittees, hereby assumes any and all risk of loss, damage or injury of any kind to any person or property in connection with the use of the 1 Easement Area. To the fullest extent permitted by law, Grantee shall defend (with counsel reasonably acceptable to Grantor), indemnify and hold harmless Grantor and its councilmembers, partners, members, managers, shareholders, officers, directors, employees, contractors, agents, successors and assigns (each, the "Indemnified Party"), from and against any and all claims, judgments, mechanics liens, demands, actions, proceedings, losses, costs, expenses or any other liabilities (including, without limitation, reasonable attorneys' fees and expenses) related to or arising out of any personal injury (including death) or damage to property occurring within the Easement Area, except to the extent caused solely by the gross negligence or willful misconduct of the Indemnified Party. 8. Insurance. Grantee shall maintain (i) a policy of comprehensive general liability insurance from a reputable insurance company acceptable to Grantor with a limit of liability of not less than Two Million Dollars ($2,000,000) per occurrence, Two Million Dollars ($2,000,000) aggregate, and (ii) a comprehensive umbrella or excess liability insurance policy with a limit of liability of not less than Two Million Dollars ($2,000,000) per occurrence and aggregate. The policies shall be primary insurance and shall name Grantor as an additional insured. Upon request by Grantor, Grantee shall provide Grantor with a certificate of insurance evidencing Grantee's coverage in compliance herewith, including copies of the insurance policies if requested by Grantor. Grantor may from time to time in its commercially reasonable judgment increase the amount of coverage or otherwise modify the foregoing insurance requirements upon written notice to Grantee. 9. Retained Rights. Grantor shall retain all rights in the Easement Area which are not inconsistent with the rights granted herein, including the right to make any repairs, alterations or improvements to the Easement Area or the Grantor Property or any improvements thereon, and the right to grant additional easements over the Easement Area or the Grantor Property. 10. Successors and Assigns, Covenants Running with the Land. The rights and obligations of the parties hereunder shall constitute covenants, benefits and burdens which run with the land and which shall be binding upon, and inure to the benefit of, the successors and assigns of each party hereto as the owners of the Grantor Property and the Grantee Property, respectively. Upon the closing of any sale or other transfer by an owner of the fee simple interest in its property, the grantor shall be released from any obligations which arise under this Agreement on or after the date of such sale or other transfer (the "Transfer Date"). No such conveyance shall operate to release the grantor from any obligation which arises under this Agreement prior to the Transfer Date, which shall remain the obligation of such transferring owner. 11. Estoppel Certificate. Each party, upon the written request of the other party, shall execute and deliver to the requesting party within fifteen (15) days of receipt of any such request, an estoppel certificate stating: (a) Whether the party to whom the request has been directed knows of any default by the other party under this Agreement, and if there are known defaults, specifying the nature thereof; (b) Whether this Agreement has been amended in any way (and if it has, then stating the nature thereof); and 851 (c) That to such party's knowledge, this Agreement, as of the date of the estoppel certificate, is in full force and effect. 12. Notices. All notices, consents, requests, demands or other communications provided for herein shall be in writing and shall be deemed to have been duly given if and when personally served, or on the date of actual receipt or rejection if deposited in the United States mail in the State of California, registered or certified with return receipt requested, postage prepaid, and properly addressed to the person to whom such notice is directed. For the purpose of this paragraph, "properly addressed" shall mean: If sent to the City of Palm Desert, then addressed to it at 73510 Fred Waring Drive Palm Desert, CA 92260, Attention: City Manager. If sent to any other party, at the address to which property tax notices are sent or as may otherwise be provided in a written notice sent by such party in accordance with the next paragraph. Each party shall have the right to direct another address for notice hereunder by a supplement to this Agreement recorded with the office of the County Recorder of Riverside County, California provided a copy thereof is also duly served upon the other party at the last address referred to in this Agreement or in a recorded supplement thereto furnished by such party in writing to the party sending such notice. 13. Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. 14. Modifications. Except as set forth herein, any alteration, change or modification of or to this Agreement, in order to become effective, shall be by written instrument executed and acknowledged on behalf of each party hereto and recorded in the Official Records of the Riverside County Recorder. 15. Waiver. No waiver by any party of a breach of any provision of this Agreement shall be effective except by a written instrument executed by the party granting such waiver, and any such waiver shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or of another provision hereof. 16. Entire Agreement. This Agreement is intended by the parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect to the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. This Agreement supersedes all prior agreements and understandings between the parties with respect to such subject matter. 17. Attorneys' Fees. Should suit be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of a cost of suit and not as damages, reasonable attorneys' fees to be fixed by the court. The term prevailing party shall be 852 the party entitled to recover its costs of suit, regardless of whether such suit proceeds to final judgment. A party not entitled to recover its costs shall not be entitled to recover attorneys' fees. 18. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall be considered one and the same instrument. [Signature page follows] 853 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. GRANTOR: CITY OF PALM DESERT, a California municipal corporation By: Name: Title: [Signatures continue on the following page] EM Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, {mscrt name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 855 GRANTEE: PULTE HOME COMPANY, LLC, a Michigan limited liability company, Name: DARREN WARREN Vice President Title: A0niiieltinns & DeWatop=nt A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of &in Lq) On J�t Q2D 2-4 , before me, e V- C, a -+o VA jD .- . , i insert name and lisle of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person{ whose name(} is/;are subscribed to the within instrument and acknowledged to me that he/xecuted the same in his/l.`w/theii, authorized capacity(--s , and that by his/le/Ooe;Fsignature( on the instrument the person(, or the entity upon behalf of which the personO acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TAYW=K C@UU14 8L6M WITNESS my hand and official seal. Cwnnllofon f i11i1T3 My C-m. & MMs Sri 23, 20a Signatu -�, _,(Seal) 857 EXHIBIT "Al" LEGAL DESCRIPTION OF GRANTOR PROPERTY tSee attached] EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF RIGHT-OF-WAY DEDICATION (FEE), RECORDED APRIL 4, 2023, AS INSTRUMENT NO. 2023-0095443, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN THE EAST HALF OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID RIGHT-OF-WAY DEDICATION; THENCE NORTH 00003'36" EAST, A DISTANCE OF 226.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 330.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89056'24" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 35005'48", AN ARC DISTANCE OF 202.14 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 54057'48" WEST TO THE EAST LINE OF SAID RIGHT-OF-WAY DEDICATION; THENCE NON -TANGENT TO SAID CURVE ALONG SAID EAST LINE SOUTH 00003'36" WEST, A DISTANCE OF 36.26 FEET TO THE SOUTHEAST CORNER OF SAID RIGHT-OF-WAY DEDICATION, THENCE ALONG SAID SOUTHERLY LINE OF SAID RIGHT-OF-WAY DEDICATION NORTH 89056'24" WEST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 5,821 SQUARE FEET OR 0.134 ACRES MORE OR LESS. 1 OF 2 • EXHIBIT "B" LEGAL DESCRIPTION OF GRANTEE PROPERTY [See attached] :.1 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL "B" OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 21-0009, RECORDED APRIL 7, 2022, AS INSTRUMENT NO. 2022-0167200 AND PARCEL 3 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 88-1, RECORDED JUNE 1, 1988, AS INSTRUMENT NO. 146461, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN THE EAST HALF OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "B"; THENCE SOUTH 00003'36" WEST, ALONG THE WESTERLY LINE OF PARCEL "B", A DISTANCE OF 539.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89058'51" EAST, A DISTANCE OF 535.92 FEET; THENCE SOUTH 00001'09" EAST, A DISTANCE OF 82.00 FEET; THENCE NORTH 89058'51" EAST, A DISTANCE OF 19.25 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43043'23", AN ARC DISTANCE OF 22.89 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 89.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43°44'32" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 87026'46", AN ARC DISTANCE OF 135.83 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 43042'14" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43043'23", AN ARC DISTANCE OF 22.89 FEET; THENCE NORTH 89058'51" EAST, A DISTANCE OF 445.25 FEET; THENCE NORTH 00001'09" WEST, A DISTANCE OF 491.94 FEET; THENCE NORTH 43030'23" WEST, A DISTANCE OF 65.77 FEET; 1 OF 2 THENCE NORTH 89056'24" WEST, A DISTANCE OF 14.63 FEET TO THE EASTERLY RIGHT-OF-WAY LINE AS SHOWN IN GRANT OF RIGHT-OF-WAY RECORDED DECEMBER 13, 2022, AS INSTRUMENT NO. 2022-0500103, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 00003'36" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 354.14 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL "A" AS DESCRIBED IN QUITCLAIM DEED, RECORDED JULY 21, 2014, AS DOCUMENT NO. 2014-0268859, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89055'15" EAST, ALONG SAID SOUTHERLY LINE A DISTANCE OF 214.39 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL "B" OF SAID CERTIFICATE OF COMPLIANCE NO. 21-0009; THENCE SOUTH 00001'14" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL B AND THE EASTERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE NO. 88-1, A DISTANCE OF 3332.57 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 89053'06" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 1323.18 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00002'47" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL 3, A DISTANCE OF 1332.86 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE NORTH 00003'36" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL B, A DISTANCE OF 1189.86 FEET, TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 78.797 ACRES MORE OR LESS. 2OF2 M From: CouncilMeetina Comments To: Michelle Nance Subject: FW: COMMENTS TO PALM DESERT CITY COUNCIL - JULY 11, 2024 Date: Wednesday, July 10, 2024 11:24:19 AM Attachments: We sent you safe versions of your files.msg REFUGE CNCL MTG JUL 11.docx REFUGE TIMELINE ...docx From: Jana Bennehoof Koroczynsky Sent: Monday, July 8, 2024 6:30 PM To: CouncilMeeting Comments<CouncilMeetingComments@palmdesert.gov> Subject: COMMENTS TO PALM DESERT CITY COUNCIL - JULY 11, 2024 Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Please see the attached letter to council and attached timeline of impacts on Kaufman Broad and Shepherd Lane neighborhoods that goes along with the letter. Thank you, Jana Koroczynsky Representing more than 60 households in Kaufman Broad and Shepherd Lane neighborhoods Jana Koroczynsky city council comments July 11, 2024 (1) Flooding hazard (2) Devaluation of property (3) Privacy and safety loss (4) Statutory non-compliance (5) Negligence (6) Loss of views On Friday last week Richard Cannone informed me that the city code of ordinance § 28.02.040 dealing with methods of reducing flood losses refers to existing designated flood zones only. Okay. Why on earth would it not refer to any construction in this current climate? He also said that both the contract City Engineer and an independent Engineering firm thoroughly reviewed the drainage plans for Refuge and concluded that the drainage design is effective and meets requirements. We insist that there be a certification of the grading, in conformance with the lines and grades shown on the approved grading plans, by a licensed land surveyor before Palm Desert city council approves the final tract map. We have never experienced flooding in past 28 years, but we have never had a man-made 11-foot-high mountain or a flood channel behind our back wall. We have a water drainage specialist who says we will be flooded with a 3" per hour rainfall. The city, the developer of Refuge Palm Desert/Explore, and the PulteGroup have violated tort law according to the state of California civil codes 3479' and 34802, by creating a public nuisance behind both neighboring Kaufman and Broad and Shepherd Lane community walls. Elevating the landscape to the south of Pulte's property by eleven feet was supposedly to solve a drainage problem on their property. But actually it was to save the cost of soil export and one storm lift station. Pulte has created flooding, safety, privacy issues, as well as loss of views and devaluation of property for the neighboring communities, not to mention emotional distress. City officials, MSA and the developer, either by incompetence, negligence or intention, kept key information pertinent to the raised elevation hidden from the people who could interpret that information. When the danger to the communities was revealed, they showed little interest in addressing concerns. Who will take financial responsibility for future damages? Instead of taking the opportunity to correct its errors, despite the consequences being potentially far-reaching and severe, until very recently the city has done nothing but obfuscate for the past two years. The integrity of the city in which the citizens of KB and SL chose to live is seriously in question. City governments exist to create order, fairness, and accountability. Non-compliance leads to the instability of our community. I respectfully ask city council to reconsider their mantra of: "It has all been approved, there is nothing that can be done." 'Civil code 3479 is a section of the California Civil Code that defines nuisance as anything that harms health, offends the senses, obstructs the free use of property or public spaces, or involves the illegal sale of controlled substances. It is not related to the Louisiana Civil Code section 3479, which deals with the particular successor of a precarious possessor. The California Civil Code section 3479 has not changed since 2012. 2California Civ. Code 3480 "A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal." Taken from the city website on July 4, 2024 City code of ordinance § 28.02.040 Methods of reducing flood losses. In order to accomplish its purposes, this title includes methods and provisions to: A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; D. Control filling, grading, dredging, and other development which, may increase flood damage; and E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 985 § 1, 2001) :.- According to the Refuge Specific Plan, these policies (among others) have been violated: 6.4 Applicable Environmental Resources Policy Consistency 1. 2.1 View corridor preservation. Protect and preserve existing, signature views of the hills and mountains from the city. 6.6 Applicable Safety Policy Consistency 1. 3.1 Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on -site retention of runoff, and minimization of structures located in floodplains. 6.7 Applicable Public Utilities and Services Policy Consistency 2. 1.2 On -site stormwater retention and infiltration. Whenever possible, stormwater shall be infiltrated, evapotra nspi rated, reused or treated onsite in other ways that improve stormwater quality and reduce Rows into the storm drain system. 3. 1.3 Groundwater infiltration. Encourage the use of above -ground and natural stormwater facilities in new development and redevelopment, such as vegetated swales and permeable paving. 4. 7.2 Review of new development. Work with the Riverside County Sherriff's Department and the Riverside County Fire Department to review and modify development proposals to incorporate defensible space, Crime Prevention Through Environmental Design (CPTED), and other public safety design concepts into new development. Please see our indented comments in staff report below: CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 11, 2024 PREPARED BY: Rosie Lua, Deputy Director of Development Services REQUEST: ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 AND AGREEMENTS RECOMMENDATION: 1. Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP NO. 3 8434- l ." 2. Authorize the Mayor to execute Agreement for the construction and maintenance of a portion of public right of way 3. Authorize the City Attorney to make necessary, non -monetary changes to the Agreements and City Manager to execute any changes to said Agreements. * Note: This item may be pulled from the agenda if the final attachments are not provided by Wednesday, July 10, 2024. BACKGROUND/ANALYSIS: On November 17, 2022, the City Council approved the Refuge Specific Plan (SP22-0001), a request by Refuge Palm Desert, LLC (Applicant), 17755 Sky Park Cir, Ste 101, Irvine, CA 92614 to establish five (5) planning areas, up to 969 residential dwelling units and related improvements on a 106.4-acre site located at the southwest corner of Gerald Ford Drive and Rembrandt Parkway. Concurrently, the City Council approved Tentative Tract Map 38434 (TTM 38434) by Resolution No. 2022-93, to subdivide a 93.56-acre portion of the proposed site into 1 condominium lot (14.29 acres) and 339 single family residential lots and its associated club house, open space, retention basins, and infrastructure (approximately 78 acres). August 23, 2022 Letter from MSA Letter inviting neighboring communities to review project that was submitted for approval to the city. Refuge project Concerns discussed: dust, traffic, views and drainage (flooding). Eglert spoke at first meeting primarily about safety, privacy loss with their view right into our homes. :. (Many people in neighborhood throw away "junk mail' without even opening it. Many thought the mail in MSA envelope was junk mail. The Refuge plan was reviewed and planned without many in the neighboring communities even knowing about it. Why was mail not sent by the city?) October 2022 Planning commissioners told concerns were: dust, traffic, views. No mention of drainage concerns. November 17, 2022 City Council approves Refuge Specific Plan based on planning commissioners recommendation. Neighboring communities were not notified and unaware. On September 5, 2023, the Planning Commission approved by Resolution No. 2841, a request to modify the layout to reduce the previously approved TTM 38434 to 332 single family residential lots and modify ad elevations. On March 5, 2024, the Planning Commission a roved by Resolution No. 2859, an additional request by the Applicant to modity pad elevations n March, the Planning Commission approved by Resolution No. 2859, an additional request by the Applicant to modify pad elevations. Sept 5, 2023 Letter from city to KB and SL neighborhoods. Public hearing before the Planning Commission at council chambers about Pulte Homes to revise tract map to "modify the layout to accommodate a 332 single- family home residential development on a 93.56 acre project site south of Gerald Ford Drive and west of Portola Road within existing Refuge Specific Plan area." Many went to website "Refuge" where they saw the following and did not bother attending the meeting: 1NnaC Chrngr+ Ks4& Barn Madr Slncr Tho- La41 Comm.nRy OriroscA tilar[inq in Alrguai 24�27 I�'i TTM 38434 identified Lot A as a • Anrw TorrAnwTlad Map has been pNXx)srdr& 332rots,'whlona;a rKiiMon ham lht private open space lot totaling 1. 16 roiIwl" T.vsV1* _ie. ppr&..d,iW.&moo. ?N. f& 339I&m acres. However, a portion of Lot A of . 6rlrix„..1,tL k4,<4,M191lwlAnQMpe lwffwMlh,­ 1hrn,,� ,�,1,�h..tew.,, TTM 38434, approximately 0.13 acres c4r•ecl 7a p ai+4#w evynnk pr ie lrn+.rllon or 5,821 square feet is public right of + nre R4f{a14nnlC� flre49mrrifhe$b"n m4xeledW pmOGLer*gienownmoj way (Explorer Drive) which is owned anhel arM fraaler access bAly for res+ir+ds. by the City of Palm Desert (City); now considered as excess right of way. The Refuge Specific Plan included a vehicular circulation plan that designed a curvature of the proposed future extension of Explorer Drive, which created an excess portion of right of way. At a future date the city intends to convey the 0.13-acre excess right of way to the Applicant. Resolution No. 2022-93 and subsequent approvals did not include conditions of approval for Lot A. Final Tract Map 38434-1 omits the 0.13-acre excess right of way within Lot A for the approval and recordation of the map. Upon approval, the City will enter into an agreement with the Applicant for maintenance and infrastructure obligations of the excess right of way, which will remain in effect until the City conveys the 0.13 acres to the Applicant. In addition, the City processed and approved an application for a Parcel Map Waiver (PMW23- 0006) for a lot line adjustment creating the boundaries of the condominium lot (14.29 acres) identified in TTM 38434. The Certificate of Compliance and perfecting deeds have been recorded in the official records of Riverside County. The Final Tract Map No. 38434-1 (FTM 38434-1) is a phased portion of the map that includes 135 single family residential lots, 10 public street and infrastructure lots, 11 lots of open space including retention basins, and 1 lot to include the club house (approximately 38.23 acres). The phasing of the TTM 38434 was permissive through Condition of Approval No. 21 of Resolution No. 2022-93 with approval of the City Engineer and financial securities for all public improvements associated with the phase. The Covenants, Conditions, and Restrictions (CC&Rs) of the Homeowner's Association (HOA) documents the maintenance obligations for the proposed site which includes maintaining all lots reserved for open space, landscaping and storm drain purposes, and all landscaping located in the public right of way adjacent to private property and within medians and roundabouts within the community. The Subdivision Improvement Agreements (SIA) and UradinlWreement and associated bonds subsequently were submitted by the applicant to guarantee the completion of construction. The City :.: Engineer has determined that FTM 38434-1 meets the application requirements of the Subdivision Map Act and the City's ordinances. The Final Map has been deemed technically correct by the City Engineer and the Conditions of Approval in Resolution have been satisfied for FTM 38434-1. Violates tort law according to the state of California civil codes 3479 and 3480, by creating a public nuisance behind both neighboring Kaufman and Broad and Shepherd Lane community walls. We insist that the certification of the grading in conformance with the lines and grades shown on the approved grading plans by the licensed land surveyor before Palm Desert city council approves the final tract map. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: There is no direct impact to the General Fund with this action. However, once the proposed public streets are completed and accepted, their long-term maintenance will be the responsibility of the City of Palm Desert. ATTACHMENTS: 1. Resolution No. 2024- 2. Conditions of Approval of Resolution Nos. 2022-93, 2841, and 2859 3. Tentative Tract Map 38434 4. Final Tract Map 38434-1 City of Palm Desert Adopt Resolution Approving Final Tract Map No. 38434-1 Page 3 of 3 -M Approval Process and Confusion The approval process for this project has been confusing at best. Letters came from MSA, the city and, eventually, Pulte. Pulte mentioned Del Webb and Explore (see letter dated May 3), names we did not hear before. The city planning manager insists that the project name is still Refuge, but the city public works inspector insists it is Explore. The "if you see dust" sign on the property on Gerald Ford Drive says Explore. Plans signed off by Mainero Smith & Associates (MSA), were submitted by Pulte to the city for final approval on March 7, 2024, and approved by the city on April 24, 2024. As mentioned earlier, many of our residents say they have no recollection of receiving the letter about a public meeting on March 5, 2024 regarding elevation changes. TIMELINE REFUGE PROJECT August 23, 2022 Letter from MSA Letter inviting neighboring communities to review project that was submitted for approval to the city. Refuge project Concerns discussed: dust, traffic, views and drainage (flooding). Eglert spoke at first meeting primarily about safety, privacy loss with their view right into our homes. (Many people in neighborhood throw away "junk mail" without even opening it. Many thought the mail in MSA envelope was junk mail. The Refuge plan was reviewed and planned without many in the neighboring communities even knowing about it. Why was mail not sent by the city?) October 2022 Planning commissioners told concerns were dust, traffic, views. No mention of drainage concerns. November 2022 City Council approves Refuge Specific Plan based on planning commissioners' recommendation. Neighboring communities were not notified and unaware. August 2, 2023 Letter from MSA Neighboring communities invited to view video conference at 5:30-9:30 about Refuge wanting to "revise the existing Tentative Tract Map 38434 under the approved Refuge Palm Desert Specific Plan. Tentative Tract Map 38434 is comprised of 93.56+/- acres of property, located on the ... , as shown on the enclosed map. (There was no enclosed map.) Pulte Group was introduced as a partner to build homes. The meeting was supposed to begin at 5:30 PM but did not begin until after 6:30 PM. (see email chain below) "Walkway will be publicly accessible," Marc Kleiman who also said, "You may also find preliminary information related to the project at Refuge.com" Maria Torres email July 3, 2024 "We also tried to participate in the Aug 2, 2023, meeting regarding small changes which Nicole wouldn't tell us about prior to meeting, but though they said 6pm we stayed online till 6:30pm and nothing and later we requested video. I'll send you the email with the link." See email chain below. From: Vann, Nicole <nvann(a)msaconsultinginc.com> Sent: Thursday, August 3, 2023 10:55 AM To: Eglert Gutierrez <eglert(a)eglertdesign.com> Subject: RE: Refuge PD [2636-MSA1.KJrl] Good morning Mr. Gutierrez, Per your request, please find a link to the recorded meeting here: Refuge Palm Desert Community Meeting Link (080223) You may want to forward the recording to the 6:30 mark since that is when the meeting really starts. Best, Nicole Vann Planner / Project Manager MSA CONSULTING, INC. 34200 Bob Hope Drive I Rancho Mirage, CA 92270 office 760.320.9811 From: Eglert Gutierrez <eglert(a)eglertdesign.com> Sent: Wednesday, August 2, 2023 6:32 PM To: Vann, Nicole <nvann(a)msaconsultinginc.com> Subject: RE: Refuge PD [2636-MSA1.KJrl] Hello Nicole, I could not access the meeting on zoom, couldn't hear anything, yet the screen said it was recording. Please send me access to your recorded meeting. Thank you, Eglert Gutierrez (760)851-7314 From: Vann, Nicole <nvann(a)msaconsultinginc.com> Sent: Monday, July 24, 2023 11:28 AM 1 To: Eglert Gutierrez <eglert(a)eglertdesign.com> Subject: RE: Refuge PD [2636-MSA1.KJrl] Good morning Mr. Gutierrez, There are no exhibits in advance of the 8/2 meeting. The purpose of the community meeting is to present the plan to members of the community in a forum where the minor changes can be properly explained and discussed. It would be counterproductive to that goal to send the site plan out prior to the meeting. We hope you understand, and we look forward to discussing it with you then. If for some reason you would like to discuss this, or anything else, in advance of the meeting, please feel free to reach out to Marc Kleiman at 949.400.6652. Here is the link to the zoom meeting. Join Zoom Meeting https://zoom. us/a/98123377836?pwd=TFAvV U dtTTVsaXRvMG h rMTFCTnV4QTO9 Meeting ID: 981 2337 7836 Passcode:152658 When Wednesday Aug 2, 2023 • 5:30pm — 9:30pm (Pacific Time - Los Angeles) Kind regards, Nicole Vann Planner / Project Manager MSA 'ONSULTING, INC. 34200 Bob Hope Drive I Rancho Mirage, CA 92270 office 760.320.9811 From: Eglert Gutierrez <eglert(@eglertdesign.com> Sent: Friday, July 21, 2023 2:40 PM To: Vann, Nicole <nvann(abmsaconsultinginc.com> Subject: Refuge PD Hello Nicole, Please let me know how we can access the August 2 meeting and also how to see exhibits. Thank you, Eglert Gutierrez (760)851-7314 Sept 5, 2023 Letter from city Public hearing before the Planning Commission about Pulte Homes to revise tract map to "modify the layout to accommodate a 332 single-family home residential development on a 93.56 acre project site south of Gerald Ford Drive and west of Portola Road within existing Refuge Specific Plan area." Many in neighborhoods went to website "Refuge" where they saw the following and did not bother attending the meeting: V0.101, Cn_.ry{4,y; Fla IC dCcn Maas `x II':c I'IV La&I L-In: u!-.!10 011: lac? y� Odnering in Augusi 24237 r`JI • A ww TwowW Tnod Mop has boon pm p" "_' ru 332ItlM, wtWd n ;z a rmLrtltln ham 11m Tan ntlw Tr+Ix MYs enn we apprawq n NpWIn'gar 2113A W 33914q. + q11 {*rnv I= o*jKw 10 1M1f I4114M*0 wHop III Ike "Wry.a aii** rlk.} Iyykn curVd"p.70ft•n o-"nk,yk -wtI%Ir#mftn. • Tirr Iecredllondl com of Vw ca•rr w" has keen netcaW 9n prowor a 41anp "nar gl an" end Realer accewAbAty iar rmtderft Taken from City Council agenda for July 11, 2024 meeting: September 5, 2023, the Planning Commission approved by Resolution No. 2841, a request to modify the layout to reduce the previously approved TTM 38434 to 332 single family residential lots and modify pad elevations. On March 5, 2024, the Planning Commission approved by Resolution No. 2859, an additional request by the Applicant to modify pad elevations. March 5, 2024 Letter from city (This is the meeting that most in community do not remember receiving a letter.) Public hearing before Planning Commission to consider approved pad elevations for tentative tract map 38434 to accommodate a 332 single-family home residential development on a 93.56 acre project site south of ... " Meeting was to "consider a request by Pulte Home Company to revise the approved pad elevations. 871 Email from Linda Candler to Carlos Flores regarding the March 5, 2024 meeting: June 28, 2024 Carlos Flores, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Flores: I am requesting a review and inspection of the Refuge rough grading as it is inconsistent with the approved plans. I also request that you reopen the Planning Commission hearings for the March 5, 2024 Rough Grading Plan and May 21, 2024 Revised Landscape Plan because these plans are inconsistent with each other. My concerns are set out below. At the meeting on the Landscape Plan on May 21, 2024, 1 objected to the Revised Landscape Plan proposing to change the landscape buffer from 50' to 45' as this would bring the slope closer to our property, impacting our views and creating more dust. As shown on Exhibit EE to the November 17, 2022 Specific Plan (p. 902), there is a 7' elevation gain behind our Lot. When asked by the Planning Commission if the 7' elevation gain was correct, the answer was no. I understand this may have been a misunderstanding, but can you please correct the record. As it is now graded, the slope starts 22' from our back wall. This is inconsistent with a Site Line Analysis submitted for Lot 25 (our Lot) which shows the distance from our back wall to the home on Lot 18 is 71.7". Assuming a 15' setback and a 14' slope at a 2:1 grade, the slope should not commence until 57.7' from our back wall. If the rear yard of Lot 18 is greater than 15', assuming a 50' buffer the slope should not start until 36' from our back wall to conform with Cross -Section EE showing the slope ends at the retaining wall of the Refuge property. Cross Section EE also shows that the retaining wall is to be built at the same level as the pad elevation of the new lots. (Lots 18 and 19, pad elevations of 298.7 and 298.8). The rough grading appears to change that and raise the top of the slope 1-2' above the new pad elevations. This is inconsistent with the landscape plan showing the retaining wall is to be level with the pad elevations. The Rough Grading Plan does not show any cross-section of the grading behind our property. Section 1-1 relates to Lot 24, not our Lot, and to the corner of Lots 24 and 99 and specifically states it relates to the South border. Section J relates to the streets to the North of Chinook Circle. What is the precise grading plan for the area behind Lot 25 and why was the slope moved closer to our back wall than what was approved? -1- The Public Notice to the March 5, 2024 hearing regarding the Rough Grading Plan stated it only related to a change in pad elevations, not to a change in the slope or the placement of the slope closer to our property line. Also, there is no Cross -Section for the area behind our house so we had no way to object to a change in the slope. We believe it is too high, too close to our lot, and inconsistent with what was approved. In summary, we want the pad height elevations of the Lots 18 and 19 verified as the grading appears too high; we want the slope to start as shown on the Site Line analysis and Exhibit EE, not the 22' as currently graded, and we want our pad height verified now to ensure that the elevation gain from our pad to the new Lot 18 is no greater than 7'. 1 presented these concerns to City Council on June 27, 2024, along with photographs and copies of Cross -Section EE and the Site Line Analysis. I have attached copies for your reference. Sincerely, Linda Candler 74040 Chinook Circle Palm Desert, CA. 92211 March 7, 2024 MSA Submits Explore rough grading plan for approval April 5, 2024 Pulte bought Refuge portions according to Mr. Dewegeli, Pulte Manager of Land Planning & Entitlements, Southern California Division. April 24, 2024 Department of Development Services approves rough grading plan. May 13, 2024 Letter from Pulte "Explore Palm Desert" meeting about architecture, front yard landscape, common areas, clubhouse, amenities. Kina Kato talked about drainage concerns for KB neighborhood. Ms. Kato asked Mr. Dewegeli for an answer. He was confused and said to email Nicole Vann, MSA. Eglert spoke at the May 13, 2024 meeting erosion hazard behind our wall and requested grading plans which Dewegeli told Nicole to send him which she didn't, so we asked her for them on May 21 to which she responded: The City Planning Department should have all available public plans online for your viewing. All other plans are proprietary information. Many neighboring community residents assume letter is talking about Sun City expansion and has nothing to do with them. No one knows who Pulte is. 872 May 14, 2024 Grading begins behind KB and SL communities May 21, 2024 Letter from city Planning commission Neighborhood Recognizes there is a problem with grading and the 11-foot-high escarpment may cause flooding hazard to both KB and SL neighborhoods. Kina Kato made a note that she was unable to log on for the meeting. She selected #669 and recording said, "meeting not started" (at 6:08 PM). She selected #213 and that also failed. She was unable to join this meeting. The meeting was about approving architecture and landscaping within Refuge. May 21, 2024 Eglert spoke at the May 13, 2024 meeting erosion hazard behind our wall and requested grading plans which Dewegeli told Nicole to send him which she didn't. Eglert and Maria again asked Nicole from MSA for grading plans, to which she responded: The City Planning Department should have all available public plans online for your viewing. All other plans are proprietary information. May 22, 2024 10AM meeting with Carlos Flores (no show). Eddie, Eglert and Luis went to meeting that Eddie had scheduled with Flores for 10am May 22 at the Planning counter but Flores never showed up so Melonni answered their questions and Eglert pressured Melloni for grading plans which he received from on May 23. Eglert and Maria could not find the plans requested online May 23, 2024 City Council Mtg. Maria Torres speaks on Zoom. Liz Bower and Jana Koroczynsky speak (allowed 3 minutes each) and were removed from council chambers to meet with Carlos Flores outside in the heat. Koroczynsky suggests going into air conditioning. Flores insists that it is Refuge, not Explore. After arguing about all the confusion around this project, someone came in and said to give them two weeks and there would be a neighborhood meeting. May 27, 2024 Mr. Gutierrez sends Nick Melloni and Julian De La Torre an email outlining drainage concerns: From: Eglert Gutierrez Sent: Thursday, June 27, 2024 4:29 PM To: Nick Melloni <nmelloni@palmdesert.Rov>; De La Torre, Julian<jdelatorre@msaconsultinginc.com>; Carlos Flores <cflores@pal mdesert.eov> Cc: City of Palm Desert <palmdesert@hdlgov.com>; thileman@PalmDesert.gov Subject: Refuge Del Webb Mr. Melloni on your Oct 18, 2022, email re: Refuge, you stated that "The proposed grading and height is done to accommodate drainage for the site and roughly follows exiting topography of the site". Mr. De La Torre, you stated at the townhall meeting of Tuesday, June 25, that the parcel drains by gravity from the southwest corner to the northeast corner. You are correct, and therefore, it was not necessary to raise the southern portion of the parcel and have houses towering over our homes in order to accommodate drainage, but soil would then need to be removed in the center and that's what Pulte was trying to avoid thus creating a giant mound in order to get an unobstructed view by sacrificing OUR views, our property value, our privacy, our safety, and risking property damage. Mr. Flores you put renderings up on the screen at the townhall meeting of Tuesday, June 25, (attached cross section Pulte) demonstrating a cross section where there would not be a direct line of sight into our homes, but the image fails to line up the sightline along the two block walls and is deceiving. I have created a second REAL cross section true to scale (section II in Precise Grading Plan) which shows the actual line of sight (the image with red). This shows that anyone that looks over the Refuge's wall can see straight into most of the private areas of our home, not just our back yards! Underneath my cross section is their image from the approved grading plan of the same cross section (not to scale black and white) that gives the false impression that the difference in heights between the two walls is less than 3 feet. They wrote NTS (not to scale) really tiny underneath but very misleading. The 3rd image (Section in Precise Grading Plan) is my cross section super -imposed over the grading plan demonstrating that it is to scale and shows the 5-foot pathway is just 9 ft from our wall not the 15 ft demonstrated on (Cross Section sent by Marc Kleiman and N. Melloni). The photo taken today from my kitchen (06272024 WORKERS PASSING) demonstrates that anyone can simply look into our homes and yards. And the last image shows the grading I propose that would accommodate preserving our privacy, security and views while still addressing water drainage. The Refuge specific plan is a binding agreement. Pulte claims in it that their purpose was to not export soil, which was great for them, but by this action the city failed us. 873 And since the refuge parcel could drain by gravity, they only raised it to meet their sand shifting goals and violated the agreement of protecting us from onlookers and created a water drainage channel subject to erosion, disguised as a public pedestrian path from Gerald Ford directly to our back walls. They have raised the pad and homes to a height way beyond what is necessary when they could have built at basically the level of our homes. They have intentionally and maliciously removed our views, which violates agreement to preserve our views. They must also protect ALL structures, meaning our walls and back yards from dangers of excessive rainfall and putting a drainage canal just 2 feet from our block wall is doing the contrary. They also must retain all surface water on their property not up against our block walls. The city council and staff have to do their jobs and protects us, the citizens and city from those that assume to take advantage with all their deceitful double talk, false advertising which has been used to harm us by reducing the value of our homes, eliminating the views, creating water damage hazard, a security and safety concern with canal & bike path and direct view into our private lives. If they win, we will suffer forever the consequences of this abuse. PDCC cannot allow them to harm us in this manner. They have to be held accountable for not fulfilling their requirements as to the specific plan. They have violated the agreement and cannot continue with their intentions. This is a breach of contract because they have failed to perform their promised obligations and violation of this agreement is also illegal. According to the Refuge Specific Plan, these policies (among others) have been violated: 6.4 Applicable Environmental Resources Policy Consistency 1. 2.1 View corridor preservation. Protect and preserve existing, signature views of the hills and mountains from the city. 6.6 Applicable Safety Policy Consistency 1. 3.1 Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on -site retention of runoff, and minimization of structures located in floodplains. 6.7 Applicable Public Utilities and Services Policy Consistency 2. 1.2 On -site stormwater retention and infiltration. Whenever possible, stormwater shall be infiltrated, evapotra nspi rated, reused or treated onsite in other ways that improve stormwater quality and reduce flows into the storm drain system. 3. 1.3 Groundwater infiltration. Encourage the use of above -ground and natural stormwater facilities in new development and redevelopment, such as vegetated swales and permeable paving. 4. 7.2 Review of new development. Work with the Riverside County Sherriff's Department and the Riverside County Fire Department to review and modify development proposals to incorporate defensible space, Crime Prevention Through Environmental Design (CPTED), and other public safety design concepts into new development. We, the current citizens of the City of Palm Desert, await a solution from city staff and council that will benefit everyone involved. Thank you Eglert Gutierrez & Maria Torres Response from city staff: crickets. May 28, 2024 Email from Nicole Vann, MSA Link to information that was screen shot and printed out by on May 28, 2024. Walkway elevations show Woodward cross - sections as: AA, BB, CC, and DD. Shown on "Refuge" website from November 2022 through May 2024 Renderings shown on city website, not sure when they were posted. Neighborhoods were never told to reference city website, just `Refuge" website. gym.. The Ref i ge Perimeter Buffer Sections - Fost AV,ldm A W,sI IS. rears L4 W 0100A I r f 1AFk�'Rrifl The Refk qq Perimeter Butfer Sections - South -' .. � - Sm w I M5A lCQN5VLTINrj i1"CQNSULTINC. „;C 875 May 30, 2024 6:50 AM Eric Lomeli sends grading plans for the south end of the Pulte development. He said the Cross -Section 1-1 was the buffer section representation behind Woodward drive. That happened to be wrong and corrected later but added to confusion. (He is no longer shown on website city staff page.) June 13, 2024 City Council Mtg. Jana Koroczynsky speaks and Maria Torres speaks on Zoom (3 min each) June 25, 2024 Town Hall Meeting with KB, SL neighborhoods, Pulte, MSA and the city. Very contentious. The only thing that was determined was Pulte saying they would pay for damages out of a fund they set up. Residents not sure they can believe them. The biggest concern was the elevation and the flooding it would create for the neighborhoods during a downpour when there was no flooding problem in the past 28 years in which they existed. Also the safety, privacy and general public nuisance conditions created by the man-made 11-foot-high elevation behind their walls. June 27, 2024 City Council Mtg. Jana Koroczynsky (KB) and Linda Candler (SL) spoke. Maria was going to speak but was unable to be there on time. From: Eglert Gutierrez Sent: Thursday, June 27, 2024 4:29 PM To: Nick Melloni <nmelloni@palmdesert.gov>; De La Torre, Julian<idelatorre@msaconsultinginc.com>; Carlos Flores <cflores@ pal mdesert.gov> Cc: City of Palm Desert <palmdesert@hdlgov.com>; thileman@PalmDesert.gov Subject: Refuge Del Webb Mr. Melloni on your Oct 18, 2022, email re: Refuge, you stated that "The proposed grading and height is done to accommodate drainage for the site and roughly follows exiting topography of the site". Mr. De La Torre, you stated at the townhall meeting of Tuesday, June 25, that the parcel drains by gravity from the southwest corner to the northeast corner. You are correct, and therefore, it was not necessary to raise the southern portion of the parcel and have houses towering over our homes in order to accommodate drainage, but soil would then need to be removed in the center and that's what Pulte was trying to avoid thus creating a giant mound in order to get an unobstructed view by sacrificing OUR views, our property value, our privacy, our safety, and risking property damage. Mr. Flores you put renderings up on the screen at the townhall meeting of Tuesday, June 25, (attached cross section Pulte) demonstrating a cross section where there would not be a direct line of sight into our homes, but the image fails to line up the sightline along the two block walls and is deceiving. I have created a second REAL cross section true to scale (section 11 in Precise Grading Plan) which shows the actual line of sight (the image with red). This shows that anyone that looks over the Refuge's wall can see straight into most of the private areas of our home, not just our back yards! Underneath my cross section is their image from the approved grading plan of the same cross section (not to scale black and white) that gives the false impression that the difference in heights between the two walls is less than 3 feet. They wrote NTS (not to scale) really tiny underneath but very misleading. The 3rd image (Section in Precise Grading Plan) is my cross section super -imposed over the grading plan demonstrating that it is to scale and shows the 5-foot pathway is just 9 ft from our wall not the 15 ft demonstrated on (Cross Section sent by Marc Kleiman and N. Melloni). The photo taken today from my kitchen (06272024 WORKERS PASSING) demonstrates that anyone can simply look into our homes and yards. And the last image shows the grading I propose that would accommodate preserving our privacy, security and views while still addressing water drainage. The Refuge specific plan is a binding agreement. Pulte claims in it that their purpose was to not export soil, which was great for them, but by this action the city failed us. And since the refuge parcel could drain by gravity, they only raised it to meet their sand shifting goals and violated the agreement of protecting us from onlookers and created a water drainage channel subject to erosion, disguised as a public pedestrian path from Gerald Ford directly to our back walls. They have raised the pad and homes to a height way beyond what is necessary when they could have built at basically the level of our homes. They have intentionally and maliciously removed our views, which violates agreement to preserve our views. They must also protect ALL structures, meaning our walls and back yards from dangers of excessive rainfall and putting a drainage canal just 2 feet from our block wall is doing the contrary. They also must retain all surface water on their property not up against our block walls. The city council and staff have to do their jobs and protects us, the citizens and city from those that assume to take advantage with all their deceitful double talk, false advertising which has been used to harm us by reducing the value of our homes, eliminating the views, creating water damage hazard, a security and safety concern with canal & bike path and direct view into our private lives. If they win, we will suffer forever the consequences of this abuse. PDCC cannot allow them to harm us in this manner. They have to be held accountable for not fulfilling their requirements as to the M. specific plan. They have violated the agreement and cannot continue with their intentions. This is a breach of contract because they have failed to perform their promised obligations and violation of this agreement is also illegal. According to the Refuge Specific Plan, these policies (among others) have been violated: 6.4 Applicable Environmental Resources Policy Consistency 1. 2.1 View corridor preservation. Protect and preserve existing, signature views of the hills and mountains from the city. 6.6 Applicable Safety Policy Consistency 1. 3.1 Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on -site retention of runoff, and minimization of structures located in floodplains. 6.7 Applicable Public Utilities and Services Policy Consistency 2. 1.2 On -site stormwater retention and infiltration. Whenever possible, stormwater shall be infiltrated, evapotra nspi rated, reused or treated onsite in other ways that improve stormwater quality and reduce Rows into the storm drain system. 3. 1.3 Groundwater infiltration. Encourage the use of above -ground and natural stormwater facilities in new development and redevelopment, such as vegetated swales and permeable paving. 4. 7.2 Review of new development. Work with the Riverside County Sherriff's Department and the Riverside County Fire Department to review and modify development proposals to incorporate defensible space, Crime Prevention Through Environmental Design (CPTED), and other public safety design concepts into new development. We, the current citizens of the City of Palm Desert, await a solution from city staff and council that will benefit everyone involved. Thank you Eglert Gutierrez & Maria Torres Response from city staff. Crickets. June 28, 2024 Letter Linda Candler to Carlos Flores June 28, 2024 Carlos Flores, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Flores: I am requesting a review and inspection of the Refuge rough grading as it is inconsistent with the approved plans. I also request that you reopen the Planning Commission hearings for the March 5, 2024 Rough Grading Plan and May 21, 2024 Revised Landscape Plan because these plans are inconsistent with each other. My concerns are set out below. At the meeting on the Landscape Plan on May 21, 2024, 1 objected to the Revised Landscape Plan proposing to change the landscape buffer from 50' to 45' as this would bring the slope closer to our property, impacting our views and creating more dust. As shown on Exhibit EE to the November 17, 2022 Specific Plan (p. 902), there is a 7' elevation gain behind our Lot. When asked by the Planning Commission if the 7' elevation gain was correct, the answer was no. I understand this may have been a misunderstanding but can you please correct the record. As it is now graded, the slope starts 22' from our back wall. This is inconsistent with a Site Line Analysis submitted for Lot 25 (our Lot) which shows the distance from our back wall to the home on Lot 18 is 71.7". Assuming a 15' setback and a 14' slope at a 2:1 grade, the slope should not commence until 57.7' from our back wall. If the rear yard of Lot 18 is greater than 15', assuming a 50' buffer the slope should not start until 36' from our back wall to conform with Cross -Section EE showing the slope ends at the retaining wall of the Refuge property. Cross Section EE also shows that the retaining wall is to be built at the same level as the pad elevation of the new lots. (Lots 18 and 19, pad elevations of 298.7 and 298.8). The rough grading appears to change that and raise the top of the slope 1-2' above the new pad elevations. This is inconsistent with the landscape plan showing the retaining wall is to be level with the pad elevations. The Rough Grading Plan does not show any cross-section of the grading behind our property. Section 1-1 relates to Lot 24, not our Lot, and to the corner of Lots 24 and 99 and specifically states it relates to the South border. Section J relates to the streets to the North of Chinook Circle. What is the precise grading plan for the area behind Lot 25 and why was the slope moved closer to our back wall than what was approved? BE The Public Notice to the March 5, 2024 hearing regarding the Rough Grading Plan stated it only related to a change in pad elevations, not to a change in the slope or the placement of the slope closer to our property line. Also, there is no Cross -Section for the area behind our house 877 so we had no way to object to a change in the slope. We believe it is too high, too close to our lot, and inconsistent with what was approved. In summary, we want the pad height elevations of the Lots 18 and 19 verified as the grading appears too high; we want the slope to start as shown on the Site Line analysis and Exhibit EE, not the 22' as currently graded, and we want our pad height verified now to ensure that the elevation gain from our pad to the new Lot 18 is no greater than 7'. 1 presented these concerns to City Council on June 27, 2024, along with photographs and copies of Cross -Section EE and the Site Line Analysis. I have attached copies for your reference. Sincerely, Linda Candler 74040 Chinook Circle Palm Desert, CA. 92211 Response from city staff: Crickets. June 29, 2024 Marc Kleiman attached Refuge/Explore plans, dated May 10, 2024, showing "view fencing" and "view lots". We believe this is evidence that Refuge PD and Pulte did not elevate the landscape for drainage, but for expensive "view lots". July 1, 2024 email from Todd Hileman that the city assumed the property was sold to Pulte. July 3, 2024 email from Maria Torres to Jana Koroczynsky "Eglert just measured pad with a laser and level at 10 foot height. The approved plans state that the difference between our pad and the one behind us should be 9.9 (or 9'11") BUT the mound is about a foot higher than 10 ft laser mark. It appears around 11 feet high. See photo attached. Behind your house it should be 9' 5" according to their plans so the pad is probably about a foot and a half higher behind your house. This explains why they don't want a private surveyor checking their work out." From: CouncilMeetina Comments To: Michelle Nance Subject: FW: Refuge Date: Wednesday, July 10, 2024 11:23:53 AM -----Original Message ----- From: Patricia Rogers Sent: Friday, July 5, 2024 8:45 PM To: CouncilMeeting Comments<CouncilMeetingComments@palmdesert.gov> Subject: Refuge To Whom It May Concern: Due to the extreme heat, I will be unable to attend in person; but am hopeful something will be done to alleviate the issue of possible flooding caused by the planned change in terrain next to the block wall fence between the open land and the established communities of K&B residential homes as well as those on Shepherd Lane. We want to avoid the damages suffered by the citizens of Cathedral City and other areas from the recent flooding from Hilary. We trust the leaders of our city will be mindful in making decisions for our future and our homes. Thanking you in advance for your attention and concern. • From: CouncilMeetina Comments To: Michelle Nance Subject: FW: Refuge/Pulte abomination Date: Wednesday, July 10, 2024 11:23:44 AM -----Original Message ----- From: Louise Fasana Sent: Friday, July 5, 2024 5:42 PM To: CouncilMeeting Comments<CouncilMeetingComments@palmdesert.gov> Subject: Refage/Pulte abomination I am not clear about what it might take to command the attention of the council, but laws, protocols, and common sense are not being adhered to or followed. Pulte has taken advantage and continues to take advantage of the Kaufman and Broad community and imperils the residents of the Kaufman and Broad community as well as our homes and personal belongings. Please revisit this shocking abrogation of our rights. Louise Fasana Palm Desert Kaufman and Broad community. ::1 From: CouncilMeetina Comments To: Michelle Nance Subject: FW: The Refuge mountain Date: Thursday, July 11, 2024 9:25:23 AM -----Original Message ----- From: > Sent: Thursday, July 11, 2024 7:34 AM To: CouncilMeeting Comments<CouncilMeetingComments@palmdesert.gov> Subject: The Refuge mountain I just want to add this to my neighbors` well researched complaints and that is this: Would you like to look at that eyesore of a mountain every time you look out your window or drive into your community? How do you think this man made mountain will impact the resale of our homes? I hope that the city of Palm Desert will look out for all its residents. Virginia Jefferson Sent from my iPhone -M From: CouncilMeetina Comments To: Michelle Nance Subject: FW: Refuge Development Date: Thursday, July 11, 2024 9:25:23 AM -----Original Message ----- From: Kimberly Steinberg > Sent: Wednesday, July 10, 2024 3:59 PM To: CouncilMeeting Comments<CouncilMeetingComments@palmdesert.gov> Subject: Refuge Development Hello, My name is Kimberly Steinberg and I live with my husband and three children on Hollister Drive in Palm Desert. We have lived here for the past 14 years and we love our neighborhood and the community of neighbors that we have. Since the development of the land for the Refuge development began several weeks ago I have become very concerned by what I have seen. At first I thought we would only have to suffer through the initial grading of the land but then I began to see the height at which they were grading and the amount of sand that was being moved to the back of our neighborhood along Woodward Drive. I immediately thought of the flooding that recently took place at the Spanish Walk Community just a mile down the road from us. My mother in law lives in that community and we received a phone call in the early morning hours as she was panicking over the water coming under her front and garage doors. I was on scene before emergency personnel and had to wade through knee high water trying to reach her. I saw firsthand the catastrophic failure of the many drains adjacent to and in her neighborhood. My husband and I have held her hand as she mourned the destruction of her home. Recently I listened to a city council meeting where our Mayor said how proud she was of her community and city over all the new housing that was being built in Palm Desert as she herself was affected by housing instability. I wonder if she has considered that she is risking this very thing for my family. A flooding potential like the one being allowed to continue with the elevation and grading of the Refuge development would be a catastrophic loss for me and my family. We can not even obtain insurance to protect us from the flooding potential. I am at a loss as to why the city would allow this to take place. I have been to the community and city council meetings, I have heard the reasons that have been listed, and the engineers say there is no potential of flooding, however I am not convinced. The grading is too high, the elevation change is too steep and there is a potential for flooding. My other concern is the walking path that is open to the public that goes around the community. With the continued influx of homeless people entering our community I am certain they will soon discover this path. It is unable to be monitored in a timely matter by law enforcement and will be an easy spot to hide away and sleep or just be. This walking path will be incredibly expensive to build and maintain and the isolation makes it dangerous to use. I would like to close by saying that I am not against the development of this land for homes. I think you will find that the majority of neighbors surrounding this development are not against it. We are against the way the city and the builders are ignoring our concerns and continue to build with no regard. Thank you. From: CouncilMeetina Comments To: Michelle Nance Subject: FW: Del Webb Explore Date: Thursday, July 11, 2024 10:24:49 AM Attachments: Real Section Drawing at Lot 33 vs Lot 86 7-10-2024.pdf From: Maria Torres > Sent: Thursday, July 11, 2024 9:59 AM To: CouncilMeeting Comments<CouncilMeetingComments@palmdesert.gov> Subject: Del Webb Explore Your attachments have been security checked by Mimecast Attachment Protection. Files where no threat or malware was detected are attached. Hello, my name is Maria Torres I'm sorry to say that we are very disappointed with the actions of our city towards US, the current citizens, that payyour salaries and put you there. We have pointed out many violations created by the Del Webb Explore development. Many people of these two communities have written and spoken multiple times. We've even given you the benefit of the doubt, but mistakes have obviously been made. The plans may have been reviewed and accepted, but that does not make them right! The parcel drains by gravity the only purpose in raising the southern portion so high was to give the seller more valuable view lots with a steel bar fence, as shown and listed on the landscaping plans — it was their intentions all along and (NOT a block wall with no security and privacy concerns, as they falsely demonstrated on the renderings). Also, behind our house, based on a precise laser measurement, the pad is at least a foot above what the approved plans say! There has been one deceptive demonstration after another to mislead everyone. Including staff. But, even if they needed to create that mountain to drain, that DOES NOT nullify our RIGHTS! If they cannot develop what they want, without harming the existing citizens, then do something else! Make it a park! Leave it a natural preserve! But they CANNOT be allowed to take advantage of us! The issues are: • erosion and damage to existing properties • our safety and privacy will be put in jeopardy • our properties will be devalued, and we should not pay taxes to a city that destroys our property value • and our sacred signature views — have been illegally given away Why are you all permitting this discrimination? Are you sure you cannot do anything to enforce our rights? Are you sure that you cannot protect us? Or, is it that you don't want to? This is a gross injustice that even a child can understand. If this plan is approved with this bias against us, there will be repercussions. You will ALL suffer the consequences. We ask that you please reconsider your position and your loyalties. Thank you very much. Maria Torres �I �Z c a» X ti � I mm 0o O Qm ern/ TI X Y [n m ac>-n r— I ci r O � z v G3jG)00� o n co m m 2ZA�m m � I fQ H >Q m a� 4� g 885 From: CouncilMeetina Comments To: Michelle Nance Subject: FW: Comments for Today"s City Council Meeting Date: Thursday, July 11, 2024 10:25:19 AM Attachments: REFUGE PROJECT COMMENTS.docx -----Original Message ----- From: Linda Candler > Sent: Thursday, July 11, 2024 10:13 AM To: CouncilMeeting Comments <CouncilMeetingComments@palmdesert.gov> Subject: Comments for Today's City Council Meeting Your attachments have been security checked by Mimecast Attachment Protection. Files where no threat or malware was detected are attached. Please see attached. I also plan to attend by Zoom and speak in person but this highlights the points I wish to address. Thank you. Linda Candler ON REFUGE PROJECT COMMENTS. July 11, 2024 I oppose approval of the Final Tract Map 38434-1, which is Agenda Item 14(e). My challenges relate to a change to the 50' Landscape Buffer, and a change to the grading plan that moved the slope closer to existing homes. Tract Map 38434-1 shows the buffer zone is now 45'. (Sheet 6). This is not what was approved with the Specific Plan. I have asked the Planning Department when the change to 45' was approved — It is not in the Specific Plan, or the subsequent Tract Map revision of 9/5/23. I challenged the change in the buffer zone at the May 21, 2024 Planning Commission Hearing. My opposition relates to height increases in the pad heights behind existing lots. A reduction of the 50' landscape buffer moves the slope closer to our homes and creates a steeper slope. The Specific Plan Paragraph 2.4 says there is 50' buffer on East and Southern borders. The Staff Report dated November 17, 2022 prepared by Mr. Melloni states "Planning Area 5: An Open space amenity area to establish up to 7.9 acres of open space, including a 50'-0" wide passive, landscaped walking trail along the southern and eastern perimeters of the RSP and on - site stormwater retention basins" P. 2. Page 7 of Staff Report also states that for Planning Area 5 there is a 50' landscape buffer to be maintained by the HOA. The Environmental Impact Statement at p. 15 also says there is a 50' landscape buffer. The Environmental Checklist at p. 2 says there is a 50' Landscape buffer. The TTM says Planning Area 5 provides a 50' buffer between homes to the East and South (p. 114 of submittal, p. 61 of TTM). According to p. 464 of the Preliminary Site Plan we are PAS. The 50' setback is what was promised as part of the proposed pad elevation gains. We want this enforced. I also have concerns about the Rough Grading Plan as it does not match the Landscape Plan submitted with the Specific Plan and it does not match the Preliminary Grading Plan. I request reopening of the Rough Grading approval hearing on 3/5/24 and the Landscape Plan hearing on 5/21/24 because they are inconsistent with what was approved with the Specific Plan. I oppose approval of any Final Tract Map at this stage because the pad height elevations have not been verified. Planning Commission Resolution 2841, par. 47 states that a licensed land surveyor shall certify the grading to confirm the grading conforms with the lines and grades shown on the approved plans. HAS THIS OCCURRED? I made a public records request for our Lot and the Tract Map 30216 shows our Lot 25 is at 289.5, not 291.7 as stated on the Refuge Rough Grading Plan. The Exhibit EE shows the total M. elevation gain is 7' so our pad height needs to be verified and confirmed that the top of the slope is not greater than 7'. The Preliminary Grading Plan dated August 17, 2022 shows the grading starts at the back wall of the new lots. This is not how it is graded. It starts 22' from our back wall. At a 7' pad height gain, at a 2:1 slope, it should be 14' depth and start at 36' from our back wall, not 22'. The Rough Grading Plan of 3/5/24 does not show a cross-section for the lots behind our home. The Preliminary Grading Plan states that if no cross-section, follow the Landscape Plan. The Landscape Plan attached to the Specific Plan of November 2022 shows cross sections for grading behind existing property walls. Exhibit EE references our Lot (PAGE 902 OF SPECIFIC PLAN PERIMETER BUFFER FOR EAST SECTION). Exhibit EE shows the grading begins level with the base of our existing wall and that the grade ends level with the new lot property wall. Refuge confirmed tome in writing as the grading behind us commenced that the grading would start at the base of our back wall. It is instead graded down to create a retention basin. THIS CHANGES THE HEIGHT OF THE SLOPE. ANY CHANGE IN HEIGHT REQUIRES A NEW HEARING, IT CANNOT BE CHANGED ADMINISTRATIVELY. We were told in writing by Refuge that the hearing on the Rough Grading Plan in March of 2024 was only in respect to pad elevations and that the only change for our property was that the lots behind us were lowered by 6". There was no notice the grading of the slope would be changed from the Preliminary Grading Plan or Exhibit EE. The Public Notice in the Desert Sun also only advised that the hearing on the Rough Grading Plan was for consideration of Pad Elevations. NO REFERENCE WAS MADE TO A CHANGE IN THE GRADING PLAN TO MOVE THE SLOPE CLOSER TO OUR EXISTING HOMES OR TO CREATE A 5-10, LEVEL PAD AT THE TOP OF THE SLOPE For these reasons, I oppose the approval of the Final Tract Map submitted today. 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X b.0 _0 N • to V +-+ • - N +-+ � 'O dJ a ro •� QL Q E H . ft, (n ai _0 C: 4-j f6 � O i 0 Q C6 4A bD _I_- 4-1 a_A � E O I-j O ca a� O '�, a� _o a� E }' O O O Q a--+ 4-1 4"' Qj X O 0 Q — ca O b � > V 4-1 Ln 0 cn 0 LO m O N U Cl)_N •4-J CO I-Z N UCo N N +-j m c6 U +� Q) o C (1) m Co co Q +-j V) N Co CDLU 0 OCDa- + 0 � O co Q +-+ cn O U � cn co c� +� Co ca > cn +�_-' O }' •° o 0— 0 p O Co +� N +� °?.>� o o o Q 4-J ACC cc U 0 c co 916 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Thomas Soule, Public Affairs Manager SUBJECT: PROPOSAL FOR A FARMERS' MARKET ON EL PASEO RECOMMENDATION: Reject the proposal to hold a Farmers' Market on El Paseo every Saturday from 8 a.m. to 1 p.m. from October through May. BACKGROUND/ANALYSIS : In May 2024, the City received a request from the Palm Desert Certified Farmers' Market (Applicant) to establish a Farmers' Market (Market) on El Paseo beginning in October 2024. The proposal is attached to this staff report. The Applicant currently operates the Market on Wednesday mornings in the parking lot at Entrada del Paseo. For the upcoming Fiscal Year 2024-25, the applicant proposes to relocate the Market to the block on El Paseo between Sage Lane and Lupine Lane on Saturday mornings from October through May from 8 a.m. to 1 p.m. Holding the Market on El Paseo will require closing the street to through traffic from 6 a.m. to approximately 2 p.m. for up to 35 Saturdays during the high season. In addition, as with other street closures, parked vehicles along the street would also need to be removed. Recognizing the potential impacts of this request on El Paseo businesses, staff requested that the Applicant present this proposal to the El Paseo Parking and Business Improvement District (EPPBID) Board of Directors for feedback. 14» 31117�:I PTVl3 The applicant made an initial presentation to the Board during public comment at its meeting on May 14, 2024. The proposal was added to the agenda for the following meeting on June 19, 2024, giving the Board the opportunity to hear directly from the Applicant, ask questions, and deliberate on a recommendation to the City Council. The Board spent 30 minutes discussing the potential of having a Farmers' Market on El Paseo. The Board raised concerns about the proposed location, logistics, market wares, duration, and day of the proposed event. The Board pointed out that Saturday mornings are peak shopping hours during the high season, and foot traffic is at its heaviest, leading to potential parking congestion and business disruption. When asked about the possibility of moving the Market to an alternative day, such as Sunday or Wednesday, the Applicant indicated the only other available day would be Wednesday, which they indicated wouldn't attract enough foot traffic for the Applicant to achieve the results they desired. In the end, the Board expressed support for the concept of an El Paseo Farmers' Market but unanimously opposed closing the street on Saturdays, agreeing that if having it on Saturday is non-negotiable, the key would be to hold the Market adjacent to the street rather than on it. Page 1 of 5 917 City of Palm Desert Farmers' Market on El Paseo Similarly, staff and the Board have presented alternative locations to the Applicant, such as other nearby streets, Lupine Lane, the parking lot behind the Melissa Morgan Sculpture Garden, the parking structure at The Gardens on El Paseo, and Ocotillo Drive; however, the Applicant is not favorable to any alternative location. Outreach In response to the Board's request, the City also conducted a survey of EPPBID member businesses to ascertain their support for this proposal. The survey requested input on having an El Paseo Farmers' Market in general and about closing the street to through traffic on Saturday mornings from October through May. A link to this survey was included in the merchant newsletter and posted on the EPPBID private Facebook page. In addition, City staff went door to door in the district to personally invite merchants to take the survey. The survey was designed to ensure a representative sample of the member businesses, and efforts were made to reach out to businesses throughout the district. With 146 surveys completed, the overall reactions echoed the thoughts of the Board: • There is general support for the idea of a market in the area. • Merchants also expressed significant opposition to closing the street on Saturday mornings. Summary of Survey Results The complete results of the survey may be read in the attachment. Here are some key findings: 1. The majority of respondents are in favor of having a weekly Farmers Market on El Paseo. Out of 146 respondents to this question: • 82 (56%) said Yes. • 64 (44%) said No. 2. Based on their comments, those who answered "yes" to this question coupled their enthusiasm for the concept with caution about its execution, location, and impact on existing businesses. Supporters are keen on finding solutions that would integrate the Market into the community without disrupting the existing business landscape. • Traffic and Business Impact: Many supporters are optimistic about the potential benefits of the Market, believing it would increase foot traffic and potentially boost business for the entire district. Suggestions include adjusting Market hours or days to minimize disruption, such as operating early in the morning or on Sundays when fewer businesses are open. • Location Considerations: Some suggest relocating the Market to areas with fewer high -end boutiques to avoid clashing with the clientele of those stores. Alternatives such as parking lots, other streets, or less congested parts of El Paseo were proposed to accommodate the Market without significant disruption. Page 2of5 918 City of Palm Desert Farmers' Market on El Paseo • Operational Concerns: Many respondents are concerned about logistical issues such as parking and traffic flow. Some propose using parking lots to ease these concerns. The aesthetic and practical setup of the Market is also essential to many, with calls for maintaining El Paseo's upscale look and managing waste and layout effectively. • Community and Social Media Engagement: Enthusiasts for the idea are willing to promote the Market through social media and believe it could foster a greater sense of community. • Regulations and Vendor Considerations: Concerns were raised about not allowing food trucks or certain types of vendors that could directly compete with existing businesses. The need for amenities like public restrooms was highlighted to accommodate increased visitors. • Economic and Strategic Benefits: Some see the Market as a strategic move to differentiate El Paseo and draw in different demographics, potentially during off- peak hours, to spread the benefits throughout the week. 3. Those who answered "no" to this question cite significant operational, economic, and demographic reasons, suggesting that alternative locations or times could better serve the needs of all parties involved. • Demographics: Opponents argue that the typical farmers' Market shopper does not align with El Paseo's clientele. They suggest relocating the Market to areas that cater more to its demographic or to less central locations on El Paseo. • Impact on Traffic and Accessibility: Concerns about traffic disruptions and accessibility issues are prevalent. Opponents highlight that the closure of El Paseo, especially on Saturdays, would severely impact businesses that rely on vehicular access and parking for their customers. • Business Disruption: Many fear that the Market would detract from regular business, arguing that events such as farmers' markets are better suited for locations that need increased foot traffic rather than bustling commercial areas. • Economic Concerns: There is significant worry about the financial implications of reducing access to high -rent retail spaces. Business owners mention the potential for decreased sales and adverse effects on their profitability, especially during their peak business months. • Legal and Operational Concerns: Some respondents express concerns about potential legal actions due to the loss of business and accessibility. They also mention the physical inconveniences that could arise from Market setups, such as litter and disruption from food trucks. • Suggested Alternatives include hosting the Market on less busy days, like Sundays, or in designated parking lots to minimize disruption. There is also a call for hosting the Market in different locations that could benefit from additional traffic without disrupting the main shopping areas. Page 3of5 919 City of Palm Desert Farmers' Market on El Paseo Community and Aesthetic Concerns: The aesthetic of El Paseo is cited as a reason against having a farmers' market that could alter the area's visual and experiential quality. Additionally, the impact on community dynamics, with potential conflicts between different business types, is a concern. 4. When asked whether they were in favor of closing El Paseo between Lupine Lane and Sage Lane every Saturday from 6 a.m. to 2 p.m., most respondents answered "no." Out of 144 respondents: • 83 (57%) said No • 63 (43%) said Yes Exploration of Alternatives The City Manager, staff members, and the Mayor, Pro Tern, met with the applicant on June 17, 2024, to explore potential changes to the Market. The meeting was an opportunity to discuss moving the Market to another day or location, with potential locations including San Pablo Avenue, Civic Center Park, the parking lot at the Shops at Palm Desert (formerly Westfield Mall), and various locations adjacent to El Paseo. Nonetheless, the applicant remains committed to the vision of a thriving Market occupying a block of El Paseo on Saturday morning. Unfortunately, no suitable compromise was reached regarding the day or location of the proposed Market. Financial Request Another element of the proposal for the City Council to consider is the applicant's verbal request that the City assume financial responsibility for closing the street each Saturday. A formal sponsorship request has not been submitted. Because the Market is a for -profit entity, staff requested that the applicant work with Tops N Barricades to prepare a traffic control plan for consideration. The City is committed to ensuring the safety and smooth operation of the Market, and this closure would require a detailed Traffic Control plan showing limits of street closures, on -street parking restrictions on the days of the event, and detour/alternative routes for all types of road users, including pedestrians and bicyclists. The City has not yet received this traffic control plan, but the applicant did include a general estimate of the cost from Tops N Barricades of $1,843.90 per event. Based on the proposed schedule of 34 market days, the total cost for closing the streets would be $62,693 for the entire season. Although there are 35 Saturdays from October 6, 2024, through May 31, 2025, the Market would go dark on October 19, because of the previously scheduled Paint El Paseo Pink event. The applicant has suggested that the City could use its in-house resources to execute the road closures as an in -kind donation in lieu of paying Top N Barricades. Without a detailed traffic control plan, it's difficult to assess the actual cost to the City this option would entail. Because the proposed Market is on a weekend, it would require overtime staff hours, so the cost would likely exceed that of using Tops N Barricades. Legal Review: This report has been reviewed by the City Attorney's office. Page 4of5 920 City of Palm Desert Farmers' Market on El Paseo Recommendation: Based on the concerns raised by the EPPBID Board and a significant number of EPPBID member businesses, staff recommends rejecting the proposal as presented for this specific location and day. FINANCIAL IMPACT: Depending on the action taken by the City Council, approving the proposed Farmers' Market on El Paseo would require an appropriation of at least $62,693. More information from the applicant is required to provide a more accurate assessment of the financial impact. ATTACHMENTS: 1. Farmers' Market Proposal 2. Farmers' Market Survey Results 3. Farmers' Market - Tops N Barricades Estimate Page 5of5 921 922 )a - Wednesday 8 AM to 2 PM hursday 8 AM to 2 PM Friday to 2 PM 'ZANCH4 MIRAGE RTIFIED FARMERS MARK 7acinto Dr, Rancho Mirage Sunday • to LA QUINTA nrlelen eenuenC uenld ti4'9 � ARMF�s ~4 ��� w � M F.--ARMER" V lot MARKET PALM DESERT aINDIANWRIS 951-551-6233 • cvcfm.org RANCHO MIRAGE . LA QUINT i4 Bring your reusable grocery bags and your appetite because the Certified Farmers Markets are back, bigger, and better than ever before. Thanks to the support of each city and community, each market hosts local artisans, chefs, food vendors, farmers, and musicians to cultivate a space that brings the community together. You will find fresh fruit, vegetables, flowers, fresh farm -raised meats, line -caught seafood, freshly baked bread, pastries, cookies, handmade hummus, chips and dips, salsa, handcrafted teas, gourmet sauces, olive oil, and balsamic vinegar. We also have honey, fresh -squeezed juices, handcrafted leather goods, jewelry, natural health products, handmade clothing, cards, skincare, soaps, candles, handcrafted wood bowls, and cutting boards, all brought to you by local vendors. Our mission is to bring farm -fresh food to the table, connect with farmers, and educate residents on the significance of knowing the people who grow the food we eat. In attending each market, you will be welcomed into a community of people who care. From every fresh berry picked, every intentional moment of work, and every minute our vendors invest in what they do, you will quickly come to love this local, world -class market. If you are a chef at a local restaurant, ask the farmers about setting up a wholesale account to pre -order produce or freshly squeezed juices each week. We will be happy to cross - promote your restaurant for using farmer's market produce, and invite you to join our shop with the Chef program. We look forward to an abundant season and a beautiful, new location. DALM DESERT CERTIFIED FARMERS MARKET 44-175 Washington St Indian Wells, CA 92210 INDIAN WELLS CERTIFIED FARMERS MARKET RANCHO MIRAGE CERTIFIED FARMERS MARKET 71560 San Jacinto Dr, Rancho Mirage, CA 92270 LA QUINT/ CERTIFIED FARMERS MARKET 78100 Main St, La Qu i nta, CA 92253 924 4. IF IL �Fjt.,r` D . A40 Ar 7.4 ILJOS JOS Aa Search Maps Good morning, my name is Christiana Green, and I represent a team managing four certified farmers markets in the Coachella Valley. Today, we are excited to initiate a discussion about establishing a world -class certified farmers market at the heart of Palm Desert, occupying an entire block of El Paseo. Our vision is to cultivate a new sense of community and engagement by introducing a weekly gathering space for residents and visitors alike in the El Paseo shopping district. This initiative Promises significant benefits, offering increased traffic and visibility to all businesses within and around the chosen block, thereby attracting a new and diversified customer base with substantial disposable income. This proposed Palm Desert Certified Market will operate every Saturday morning from 8 am to 1 PM. It will be a family -friendly event promoting healthy living, featuring live music to enhance the local scene and encourage shopping and leisure in the open-air environment. The market will exclusively showcase food grown by local farmers, handmade artisan products, and specialty foods, with each vendor carefully selected and vetted to ensure exceptional quality. Given the driving distance and household density, the El Paseo market could potentially attract a significant number of attendees, similar to or exceeding the La Quinta market's attendance of 3000 plus per day. With a large number of nearby households and a considerable driving distance customers are willing to travel, the market's reach could extend across a substantial 12 mile radius which is Similar to the distance customers are willing to travel to La Quinta Sunday market. Considering the residential population density in Palm Desert, the El Paseo farmers market has strong potential to draw a large and diverse attendance, comparable to our successful market in La Quinta. Our primary choice for location is the block between San Pablo and Lupine, with an alternative option being Sage to Lupine. We aim to emulate successful destination markets seen in cities like La Quinta, Carlsbad, Santa Monica, Santa Barbara, and Little Italy, bringing a similar sense of excitement and community to Palm Desert. To facilitate this, we will work closely with Tops 'N Barricades and the city's public works department to close the designated block each week. The city will assist with posting no -parking signage on Saturday mornings. Our team will handle all neces w and health departments, as well as manage daily operations including mitts from rro s dintate, county; paperwork, insurance, restroom facilities, and waste management. In conclusion, we believe that a world -class farmers market on El Paseo will not only enhance the vibrancy of the area but also attract new visitors to Palm Desert. We envision this market 926 becoming a cherished weekly tradition, much like the Old Town La Quinta Sunday Market, drawing thousands of attendees per day during the season. Thank you for considering our proposal. 927 Jim Shaffer Canyon Creek Mushrooms 77917 Wildcat Dr Palm Desert Ca 9221t 760-577-4920 May 9'1, 2024 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 El Pasco Business Improvement District 73-525 El Pasco Drive Patin Desert, CA 92260 To the City of Palm Desert and El Pasco Business Improvement District. 1 am writing to express my strong support of Christiana Green's initiativc to establish a new farmers market in our vibrant town of Palm Desert, particularly within the esteemed El Pasco shopping district. As a local farmer, business owner and resident, I am exciled about the prospect of bringing fresh produce, homemade foods, and handmade crafts to our area The introduction of this farmers market will not only enrich the quality of life for local residents but also contribute significantly to the economic vitality of the EI Pasco shopping district. By providing access to locally sourced produce and artisanal goods, the market will offer an unparalleled opportunity for residents to support small businesses and independent vendors while enjoying the benefits of wholesome, nutritious foods and unique, handcrafted items. Moreover, the presence of a farmers market in the El Pasco shopping district on Saturdays is poised to attract thousands of residents to the area, fostering a sense of community and camaraderie while stimulating foot traffic for surrounding businesses. This influx of visitors will not only enhance the vibrancy of our town but also contribute to the growth and sustainability of local enterprises. I believe that the establislnnent of a farmers market in Palm Desert aligns perfectly with our town's values of community engagement, sustainability, and supporting local businesses. It represents an exciting opportunity to create a gathering place where residents can come together to celebrate our shared love for fresh, locally sourced foods and unique, handcrafted goods. In conclusion, I urge you to consider the immense benefits that a new farmers market in Halm Desert will bring to our community. I am confident that this initiative will not only enhance tile quality of life for residents but also contribute to fire continued success and prosperity of our town. Thank you for your attention to this matter. Sincerely, Jim Shaffer Canyon Creek Mushrooms • Wafter Hartman Hartman Jewelers 73-290 El Paseo suite 2 Palm Desert Ca 92260 760-346-5608 May 9th 2024 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 El Paseo Business Improvement District 73-525 El Paseo Drive Palm Desert, CA 92260 Dear City of Palm Desert and El Paseo Business Improvement District, i am writing to express my full support for the proposal put forward by Christiana Green to establish a certified Farmers Market on El Paseo. As a long-time member of the business community on El Paseo, I believe this initiative would be a tremendous asset to our area and would significantly benefit all businesses along our block. El Paseo is known for its unique shopping and dining experiences, and a Farmers Market would complement this reputation by adding a lively and community -oriented event. The proposed timing of Saturday momings from Sam to 1pm, October through May, aligns perfectly with our peak season and would attract both residents and visitors to the area. A Farmers Market would not only bring a fresh energy to El Paseo but also provide local farmers and artisans with a platform to showcase their products. This aligns with the values of our community and promotes sustainable, locally sourced goods. I believe such an event will increase foot traffic and exposure for all businesses on El Paseo, including my own. It offers an opportunity for cross -promotion and collaboration among businesses, strengthening our collective presence and appeal. I urge the City of Palm Desert and the El Paseo Business Improvement District to consider and support this proposal. it has the potential to enrich our community, attract more visitors, and further establish El Paseo as a premier destination in the Coachella Valley. Thank you for considering this proposal. I look forward to the positive impact a Farmers Market could have on our vibrant neighborhood. Sincerely, 929 May 10th 2024 Coco Rose 73-255 El Paseo 421 Palm Desert Ca 92260 To Whom it May Concern, I hope this letter finds you well. I am writing to express my enthusiasm and support for the proposal put forth by Christiana Green regarding the establishment of a farmers market on our block of El Paseo on Saturday mornings. As a resident and business owner in the area, I have witnessed the positive impact of the farmers market in Old Town La Quinta on Sundays. It brings such vibrance and excitement to the community, fostering a lively atmosphere and providing a wonderful platform for Ioca1 vendors and artisans, all of our businesses. We love seeing all the farmers market locations promoted on local tv commercials daily. It elevates all of our businesses. Bringing a similar farmers market experience to El Paseo would undoubtedly be beneficial not only for Coco Rose but also for the entire block and surrounding community. It would attract more foot traffic, enhance the overall appeal of the area, and create a welcoming space for residents and visitors alike to connect and enjoy local products. I fully support Christiana Green's goals and believe that a Saturday morning farmers market on El Paseo would be a fantastic addition to our neighborhood. Please count me in as someone who eagerly supports this proposal and would be thrilled to see it come to fruition. Thank you for considering this idea, and I look forward to potentially enjoying a bustling farmers market right outside our doors. Warm regards, Diane Schaller Eileen Burke 930 M-Gmail Christiana Green <epicanimaltreats@gmail.com> Strong support of a new Farmers Market on El Paseo- Hundenfolk Hundenfolk contact@hundenfolk.com> To: Epic Animal Treats <epicanimaltreats@gmail.com> Julia Bahu Owner of Hundenfolk 72335 El Paseo STE 1 Palm Desert, CA 92260 contact@hundenfolk.com 714264570 May 11th, 2024 City of Palm Desert To whom is may concern City of Palm Desert Palm Desert, CA 92260 To whom it may concern, Sat, May 11 at 11:55 AM i am writing to express my strong support for the establishment of a farmers market on El Paseo. As the owner of Hundenfolk, a local business within the community, I have witnessed firsthand the potential benefits such an initiative could bring to the City of Palm Desert. Firstly, the introduction of a farmers market would undoubtedly increase foot traffic along El Paseo, fostering a vibrant and bustling atmosphere that would appeal to both residents and visitors alike. This increased footfall would not only benefit local businesses but also enhance the overall appeal of the area as a premier shopping and dining destination. Furthermore, as a past vendor at the Certified Farmers Market, La Quinta in Old Town La Quinta myself, a farmers market would provide local vendors with a valuable platform to showcase their goods, thereby stimulating economic growth and supporting small-scale agriculture within the region. This injection of entrepreneurial spirit and community engagement would undoubtedly contribute to the city's long-term sustainability and prosperity. Additionally, a farmers market would elevate the appeal of El Paseo as a cultural and recreational hub within the city. By offering a diverse array of locally sourced products, artisanal crafts, and culinary delights, the market would attract a wider audience of residents and tourists, enhancing the street's reputation as a dynamic and vibrant destination. This 'nfusion of energy and creativity would further solidify El Paseo's position as a premier shopping, dining, and entertainment district, thereby attracting investment and bolstering property values in the surrounding area. n conclusion, I firmly believe that establishing a farmers market on El Paseo would be a highly beneficial endeavor for he City of Palm Desert. Not only would it enhance the vibrancy and economic vitality of the area, but it would also )romote community well-being and environmental stewardship. hank you for considering this recommendation. Should you require any further information or assistance, please do not esitate to contact me. incerely, ilia Bahu caner of Hundenfolk 3255 El Paseo STE 1 elm Desert, CA 92260 931 M Gmail FARMERS MARKET Randy Ape[ <randy@hoconcept-pd.com> To: epicanimaltreats@gmaii.com <epicanimaltreats@gmai[.com> Christiana Green <epicanimaltreats@gmai[.cam> Thu, May 9 at 12:41 PM We are in total support of having the farmers market here on the73375 block of El paseo 1A LI 932 May 10th 2024 Dear City of Palm Desert and El Paseo business improvement district, I hope this letter finds you well. I am writing on behalf of Anatolian Art Gallery to express our enthusiastic support for the farmers market proposal for the block of El Paseo between Sage and Lihn. As owners of an art gallery situated in this vibrant neighborhood, we believe that hosting a farmers market would significantly benefit our local community. The introduction of a farmers market would not only enhance foot traffic but also bring new energy and customers to our area, which we are excited about. Saturday mornings are particularly ideal for us as the provide with now visitors and potential customers. We envision this initiative fostering a sense of gage community and promoting local businesses like ours. Please consider this letter as a strong endorsement of the farmers market proposal. We are eager to collaborate and contribute to making this event a success. Thank you for your time and consideration. We look forward to the positive impact this initiative will have on our neighborhood. Warm regards, Serdar Takan Anatolian Art Gallery 933 Gmai! pd emall re farmers market Evan Trubee <evantrubee@gmail.com> To: Certified Farmers Markets <epicanimaltreats@gmail.com> From my buddy Brien. — Christiana Green <epicanimaltreats@gmail.com> Thu, May 9, 2024 at 1:22 PM From: bmiller4@dc.rr.com To: CouncilMeeting Comments Subject: El Paseo Framers Market Proposal Date: Wednesday, May 8, 2024 11:59.12 AM My name is Brien Miller. I have lived in South Palm Desert for more than twenty years. I wholeheartedly support the El Paseo farmer's market proposal. I am one of many Palm Desert residents who shop at the La Quinta farmer's market rather than the Palm Desert market because there are so few vendors left and the atmosphere is terrible. In contrast the Le Quinta market has everything The reason the La Quinta market is so successful is obvious: it takes dv advaI could ntage of Old Town, both tand he usifun nlesses and atmosphere. Like Old Town, El Paseo is a destination that already attracts people. It baffles me why Palm Desert wouldn't employ the same strategy and take advantage of that draw, especially because the people who would shop at the market are in large part likely the same demographic as those who would shop at El Paseo businesses. A farmers market on El Paseo would be a win for the El Paseo businesses as much as it would be for the market. I would love to be able to do my farmers market shopping locally, in my city, have a coffee or a bite to eat, and maybe do a little shopping. It's a shame that I have to drive 10 miles to another city to do that. Thank you ps: rnad.google.cotnlmail,ulo'?ii-=faoeac&3eI&view=pt&search--all&permraagid=rug.r:179Sbp79297756324,S impl=msS-f:t79gU079"yn i,,,F, 934 May 9, 2024 To Whom It May Concern, I am writing to recommend Christiana Green and her team, who have been operating an innovative and dynamic Farmer's Market at Southwest Church in Indian Wells for nearly two years. This partnership, initiated based on glowing recommendations from many respected individuals across the Coachella Valley, has brought substantial value to our community and to the City of Indian Wells. Christiana has consistently demonstrated world -class customer service and unwavering reliability. Her dedication to both the vendors and customers ensures a welcoming and efficiently run market that enhances our community's quality of life. We at Southwest Church are delighted with this flourishing partnership and eagerly anticipate its continued success in the years to come. Sincerely, Brad Kinney Pastor of Advancement Southwest Church 510-409-7225 935 M Gmail Letter of Recommendation Katy Abel <katy@oldtownlaquinta.com> To: Epic Animal Treats <epicanimaltreats@gmail.com> To Whom It May Concern, Christiana Green <epicanimaltreats@gmail.com> Tue, Apr 23 at 3:20 PM In 2022, Old Town La Quinta made the decision to entrust a new Farmers Market management team with the reins. We had several specific goals in mind for the market and a commitment to excellence that was not fully realized under the previous management. We sought a dynamic Farmers Market that would not only draw in visitors but also captivate them, enticing them to explore Old Town's array of boutiques and restaurants, creating a memorable experience that extended beyond the market itself. Our aspirations were clear: we aimed for a world -class, impeccably organized market that breathed new life into our community. Enter Christiana and her dedicated team. As we near the end of our second season, the transformation speaks volumes. There is a noticeable change in the enthusiasm of the vendors and the energy of the market. The market has almost doubled in size and the businesses in Old Town report record breaking sales on Farmers Market Sundays. What was once a routine stop for residents has blossomed into a full -day excursion, drawing guests to linger, indulge, and explore all that Old Town has to offer. We constantly have the public complimenting these changes to the market. Communication has been key in our partnership with Christiana and her daughter Dylon. Any issues are discussed in a very kind and professional manner, and we are always able to easily resolve any conflicts. Christiana always gives us a "heads up" if there are any vendor changes or any problems so that we can approach any issues as a team. Not only have our goals been met, but Christiana has exceeded our expectations with new ideas, better advertising, more community involvement, and future planning. For example, she immediately extended the market's end of season to be May instead of April. Extending the market through May has breathed new life into Old Town's traditionally sluggish month. This season, the Farmers Market partnered with our tenant La Quinta Brewing Company for a fun Oktoberfest event and Pumpkin Patch, which will be continued each year because of its success. We look forward to more community interaction like the Cinco de Mayo celebration with Folklorico dancers from a local school on our event lawn that Christiana has planned. Without hesitation, I wholeheartedly recommend Christiana and her team to any organization seeking Making the decision to move forward with Christiana was one of the best decisions that we have made in recent years. Farmers Market experience and invigorate their community. to elevate their Thank you, Katy Abel Property Manager Old Town La Quinta 78-100 Main St., Ste. 203 _a Quinta, CA 92253 well: 760.600.0758 936 Re: State Street Farmers Market I Downtown Carlsbad April 28, 2024 To Whom It May Concern, The State Street Farmers Market (once called and still referred to as the Carlsbad Farmers Market) will be celebrating its 30'h anniversary this fall. It was started by and is currently owned and managed by the Carlsbad Village Association, a 501 e6 non-profit, Main Street America Affiliate program. For nearly 20 years the farmers market was located in a parking lot one street removed from the heart of downtown, where there were no retail or restaurant locations. Several offices were situated nearby. As part of a Main Street revitalization in 2013, the market was moved from the parking lot to one central block in the heart of our Village where it would be bordered on both sides by retail, office, restaurants, and cafes. The move was not only to make the market more successful but to help bring increased foot traffic to the main retail corridor and thereby provide an economic boost. The market has operated successfully and has grown to capacity at this location for over a decade. The market is both a certified market on one side, offering local and regional produce, vegetables, eggs, cheese, chicken and pork, as well as a non -certified market on the other side offering artisanal foods, specialty foods, and international hot food. We host 65 vendors and average 2,000 people on market day. The market generates $2,500,000 annually. We are only able to make this market successful with the buy -in from the neighboring businesses. To maintain their trust, we guarantee that we will not bring in vendors that directly compete with them. We no longer allow crafters in our market as it was competing with retailers. We will not compete with the restaurants on the street and therefore lean towards international food that is not otherwise found in downtown Carlsbad. Furthermore, we position our booths so that they face the sidewalk and storefronts rather than back up to the curb and face inward so as not to block a store's entrance. This way a market goer might pop into their favorite store because it's just steps away, rather than having its entrance blocked. We intentionally positioned booths this way to embrace the small businesses on State Street. Most business owners support the market as it has become an integral part of downtown Carlsbad and its culture. Some businesses see an uptick in sales on market day while others see a decrease. However, those that see a decrease do understand that the branding the market provides is valuable for future sales as up to 2,000 people, theoretically, see their business every week. We have one or two businesses who do not support the market due to the loss of parking. 937 bchallenging aspect of the market and requires E c011abo atiive effort on ehalf of us and the city, their volunteer custcnjer service towing company. Having a solid No Parkin to officers, and the place is key to a successful set up in a busi es According to our farmers s envu-onmgentge, and plan in " market vendors, our market is their to grossing weekday" market in Southern California. While we cannot compete with "weekend" markets, we are very proud of what we have built. As former business owner on State Street, I know firsthand how valuable the fa market is to the branding of our downtown. rmers Sincerely, Christine Davis Executive Director Carlsbad Village Association www.carisbad-village.com CITY OF RANCHO MIRAGE May 13, 2024 Re: Rancho Mirage Certified Farmer's Market To Whom It May Concern, Christiana Green and her team have produced a Certified Farmer's Market in the City of Rancho Mirage for the past four years. Two years ago, I worked directly with Christiana on moving the market to our community park as a more permanent home.(We also assisted with community mailers, signage, and marketing support-�ur community and elected officials have been supportive of having this event each week starting in October and running through May each year. Christiana is professional, innovative and displays a passion for creating a wonderful experience for customers, farmers, artisans, and creators alike. We have been very pleased with Christiana, her team, and the production quality of her Certified Farmer's Market. I also see value in her markets being produced in neighboring cities, as it elevates the overall market brand and ensures the same quality experience for valley residents and visitors. I would fully recommend Christiana and her Certified Farmer's Market experience to anyone looking for a reliable, communicative, and hardworking partner. We look forward to hosting Christiana and her team for years to come. Sincerely, Gabe Codding Director of Marketing Cityof Rancho Mirage 69-825 Highway ill 1 Rancho Mirage I California 92270 760.324.4511 www.ranchomirageca.gov M Gmail Christiana Green <info@epicanimaltreats.com> Support for Saturday El Paseo Farmers Market Edward Papie <edp@cbslocal2.com> To: Christiana Green <info @epicanimal treats.com> Dear El Paseo Board and City of Palm Desert, Mon, May 13 at 3:01 PM I am writing to express my enthusiastic support for the proposal to host a Saturday farmers market on El Paseo in Palm Desert.[ s the Marketing Consultant for CBS Local 2 , KESQ-3, and PDX 11, 1 have had the privilege of working closely with Christiana Green, the organizer of several successful farmers markets in our areD Christiana's dedication to promoting local businesses and creating vibrant community spaces through her farmers markets is truly unparalleled.rver the past three years, she has consistently showcased these markets through smart comprehensive advertising campaigns, which have significantly elevated their visibility and succesD El Paseo presents a unique opportunity to further enhance our community's engagement and economic vitality through hosting a farmers market. Christiana's track record speaks for itself, particularly with her exceptional management of the Old Town La Quinta Sunday market, which has flourished under her leadership over the past two years. The prospect of Christiana Green bringing her expertise and passion to El Paseo is incredibly exciting. Her commitment to excellence and innovation in event planning is unmatched, and i am confident that her involvement would be instrumental in the success of a Saturday farmers market on beautiful El Paseo. In conclusion, I urge you to accept Christiana Green's proposal and the tremendous benefits it could bring to El Paseo merchants and the surrounding community. Her vision, coupled with our collective support, promises to make this community event a resounding success. Thank you for considering this opportunity. Please do not hesitate to reach out if you have any questions or require further information. Warm regards, Edward J. Papie Marketing Consultant CBS Local 2 KESQ-3 & FOX 11 760-340-7084 .1 V 940 May 10, 2024 To whom this may concern: We are Ruffo and Monica Onhuela, owners of La Isla Cevicheria. We've been participating in Farmers Markets since 2010. We are located in Temecula, CA, where our brick and mortar is located. That is the hub from where we produced all of our farmers market products. We currently participate in Rancho Mirage Certified Farmers Market, Indian Wells Certified Farmers Market and La Quinta Certified Farmers Market lead by Christiana Green and her daughter Dylon Carparo. We also participate at Hillcrest Farmers Market, Poway Farmers Market and Rancho Santa Fe Farmers Market. The commute, cost of goods and labor costs involved to attend any market is costly. So we only participate in top producing markets available to us. The markets that Christiana and her team manage, are one of the highest grossing markets for us. These are first class markets for us in terms of revenue and our base of customers from the desert are top notch. These markets attract a wide range of customers spending their dollars to support small businesses and farmers. The main reason in my opinion is the unmatched leadership this team puts out to help the community, vendors and patrons receive the best produce, artisans and experiences available to them. We are so proud to be part of these markets! The 2 hour drive we make each way, 3 times a week, is more than worth it! Part of the success is the highly skilled management leading these markets. They have incredible integrity, passion, and joy as operators and as a small business we benefit from their strategic efforts to make it an all-around successful experience for everyone involved. We look forward to continue participating in any new markets proposed by Christiana and her team as we know it will be as successful as the current markets they manage. Thank you kindly, Ruffo and Monica Orihuela La Isla Cevicheria, LLC 32117 Temecula Parkway B Temecula, CA 92592 (951) 375-9798 Cell 941 Deat City, Counmi, and Board, I hope this I r finds you wag, My name is Stephen Lee, and you may remember me as a rMlasterCtWt-oont nt and a passionate advocate for farmers markets in our community Parftutariy in the Coachella Valley and Christiana Green I am vwnbng to express my enthusiastic support for establishing a Saturday moming farmers market on El Paseo. As a local chef defy committed to sourdng ingredients locally, I understand the immense value that .such a market would bring to our culinary scene and -community at large A Saturday farmers market on El Pasco would not only provide a vibrant hub for local produoersc d artsans but also offer residents,and visitors alike the opportunity to access fresh. high,quwily Ingmd1ents. For me personally, this market would become a staple in my weekly Shappmg routine as I prepare for my catering events and gatherings. I firmly befreve Owt siourcing locally not only enhances the flavor and quality of my dishes but M i #tr"bins tQ fe sustafnability and prosperity of our local economy. The support %r our 'arm WW Produms is paramount, and. a farmers market on El Pasco would be a catalyst for OM!CbraNV WV elevating our regional flood culture. I emuuMge You to conskW the overwhelming benefits that a Saturday farmers market would UM to our ownmortay. The culinary possibilities and the positive impact on local businesses tr y be nwm6wMa Thank you for cormk6ring my perspective, and I look forward to the opportun ty to support and Paft;{ate in this exciting initiative. Please feel free to mach out if you have any questions or if b We ways I can frxther contribute to this endeavor. cr �.r .. . Lee Gmail Christiana Green <epicanimaltreats@gmail.com> Support for El Paseo Farmers Market Gladys Becerra <gladysbecerra76@gmall.com> To: Epic Animal Treats <epicanimaltreats@gmail.com> Mon, May 13 at 1:09 PM Dear City and Board, I am writing to express my enthusiastic support for the establishment of a Saturday morning farmers market on El Paseo between Sage and Lupine in Palm Desert. As a proud member of the local agricultural community, I believe this initiative will greatly benefit our region and showcase the exceptional produce and goods we have to offer. My name is Gladys Becerra, and along with my husband, Leo, and our son, Isaiah, we own and operate Blissful Bees, a local honey farm. We are the only certified producer of honey in the area, crafting world -class products that have been well - received at numerous farmers markets across the region, including all four of Christiana's markets. The opportunity to participate in and contribute to the El Paseo Farmers Market fills us with excitement. We are eager to bring our premium honey and other offerings directly to the heart of Palm Desert, connecting with our community and sharing our passion for quality, locally sourced goods. We believe that this farmers market will not only enhance the vibrancy of our neighborhood but also provide residents and visitors alike with access to fresh, sustainable products and foster a sense of community spirit. Moreover, it will create a platform for local businesses like ours to thrive and contribute to the economic growth of our area. In conclusion, we wholeheartedly endorse the establishment of the El Paseo Farmers Market and look forward to being a part of this exciting endeavor. Please do not hesitate to reach out if you require any further information or support. Thank you for considering our perspective. Warm regards, [Quoted text hidden] 943 -M email Christiana Green cepicanimaltreats@gmail.com> Letter Mario Garcia <mario@coachellaurbanfarms.com> Mon, May 13 at 12:31 PM To: epicanimaltreats@gmaii.com <epicanimaltreats@gmail.com> To Whom it May Concern, I am writing to express my enthusiastic support for the establishment of a Saturday morning Farmers Market on El Paseo in Palm Desert, specifically on the block between Sage and Lupine. This farmers market promises to be a fantastic opportunity to bring together local farmers and the community, and I believe it will greatly benefit our valley. As the owner of Coachella Urban Farms, I take pride in cultivating a diverse range of microgreens that provide exceptional nutritional value to our customers in the Coachella Valley. Currently, I participate in four farmers markets alongside Christiana Green, and I am excited to extend this offering to a new venue on El Paseo. A Farmers Market on El Paseo would not only showcase our products but also promote the significance of supporting local agriculture. It would serve as a hub for residents and visitors alike to access fresh, healthy produce while experiencing the vibrant spirit of our community. I firmly believe that there is no downside to establishing a market in the heart of Palm Desert. On the contrary, it would contribute positively to the local economy, enhance the appeal of El Paseo, and further establish this area as the heart of the Coachella Valley. I am committed to actively participating in this new Farmers Market, contributing my microgreens to enrich the offerings and to promote healthy eating within our community. Thank you for considering my perspective on this matter. i am excited about the potential of this initiative and look forward to the opportunity to showcase Coachella Urban Farms at the El Paseo Farmers Market. Warm regards, Mario Garcia Coachella Urban Farms [Quoted text hidden] •.. MGmaif Christiana Green <epicanimaltreats@gmail.coma Correction- Farmers Market Charlotte Graham <CGraham@temalpakhfarm.com> Mon, May 13 at 12:11 PM To: Certified Farmers Markets <epicanimaltreats@gmail.com> Dear City of Palm Desert & El Paseo Business Improvement District, I am writing to express my enthusiastic support for the establishment of a Saturday farmers market on El Paseo in Palm Desert. As the manager of Temalpakh Organic Farm in Coachella, representing the Augustine band of Cahuilla Indians, 1 believe this farmer's market will greatly benefit our community and local agriculture. At Temalpakh Organic Farm, we take pride in being one of the few organic farms in the Coachella Valley. We are passionate about showcasing our products and connecting with our community through farmers markets. Currently, we actively participate in the Sunday Old Town La Quinta Farmers Market, and we would wholeheartedly welcome the opportunity to also be part of the El Paseo Saturday morning Farmers Market. The establishment of a farmers market on El Paseo would bring immense beauty and vitality to our community. It would provide local farmers and vendors, like us, with a valuable platform to share our produce and goods, while allowing residents and visitors alike to access fresh, locally sourced products. By supporting the El Paseo Saturday Farmers Market, we can foster a stronger sense of community, promote sustainable agriculture practices, and contribute to the vibrancy of our region. I urge you to consider and approve this market for the benefit of all. Thank you for your attention to this matter. Please feel free to reach out if you have any questions or require further information. Warm regards, Charlotte Graham Manager, Temalpakh Organic Farm temalpakh-logo Charlotte Graham Market Manager A Office: (760) 391-9576 Mobile: (442) 637-3506 Email: CGraham@temalpakhfarm.com 1ebsite: www.temalpakhfarm.com 945 Dear Esteemed Guests, I hope this letter finds you well and enjoying the delights of the season here in Palm Desert. As the chef and owner of Luscious Lorraine's, I wanted to take a moment to share with you my passion for supporting local farmers and using farm -fresh ingredients in our dishes. For many years, our restaurant has been dedicated to sourcing ingredients from nearby farms and supporting our local community. It's not just about creating delicious meals; its about embracing the flavors of our region and nurturing a sustainable food ecosystem. I am particularly excited about the Saturday Farmers Market on El Paseo in Palm Desert. This market is a treasure trove of seasonal produce, artisanal goods, and the freshest ingredients imaginable. It's truly the heart of our culinary community, where farmers and chefs come together to celebrate the best of what our region has to offer. I firmly believe that more chefs should follow suit and shop at farmers markets for quality ingredients. Not only does it support local growers and businesses, but it also allows us to create dishes that highlight the unique flavors of our area. Next time you visit Luscious Lorraine's, know that each dish has been crafted with care, using ingredients sourced from these dedicated local farmers. Its a joy to bring this farm -to -table experience to your table, and I am grateful for your support in our mission to celebrate and preserve our local culinary heritage. Thank you for being a part of our journey. We look forward to welcoming you back soon for another delightful dining experience. Warmest regards, Lorraine Omelas Chef & Owner Luscious Lorraine's M. Kenyon Greenwald Jake turner 73399 El Paseo #107 Palm Desert Ca 92260 Dear City of Palm Desert & El Paseo Business Improvement District, I hope this letter finds you well. I am writing to express my enthusiasm and support for the proposal put forth by Christiana Green regarding the establishment of a farmers market on our block of El Paseo on Saturday mornings. As a resident of the Coachella Valley and business owner in the area, I have witnessed the positive impact of the farmers market in Old Town La Quinta has had on Sundays. It brings a lively atmosphere and provides a platform for local vendors and artisans, and all of our businesses. Farmers market locations tend to promote on local tv commercials and can expose and elevate my business. Bringing the farmers market experience to El Paseo would undoubtedly be beneficial not only for Chris Hair but also for the entire block and surrounding community. It would attract more foot traffic, enhance the overall appeal of the area, and create a welcoming space for residents and visitors alike to connect and enjoy local products. I fully support Christiana Green's goals and believe that a Saturday morning farmers market on El Paseo would be a fantastic addition to our neighborhood. Please count me in as someone who eagerly supports this proposal and would be thrilled to see it come to fruition. Thank you for considering this idea, and I look forward to potentially enjoying a bustling farmers market right outside our doors. Thank you for your time, Kenyon greenwald w/ Jake turner salon Owner 947 M Gmail Christiana Green <epicanimaltreats@gmail.coma letter of recommendation Taylor Konowal <taylorkonowal@gmail.com> To: <epicanimaltreats@gmail.com> To whom it may concern. Tue, May 14 at 2:09 AM First I would like to start by introducing myself, my name is Taylor Rouhana. I own LinkedXallisonjack as well as La dolce Piccola Gelateria. I have worked with Christiana Green over the last 3 years as i have a booth ant her very successful farmers market that is located in Old Town La Quinta. I have watched first hand how great that market has been for the businesses located in that area. am writing to express my enthusiastic support for Christiana Green's proposal to establish a new farmers market on El Paseo. As the owner of La Dolce Piccola Gelateria, a business located on El Paseo, I believe that the addition of a farmers market would be immensely beneficial to our community and all the businesses in the area. Having closely reviewed Christiana Green's proposal, I am impressed by her vision and dedication to creating a vibrant and inclusive market that showcases locally grown produce and artisanal products. Her commitment to fostering community engagement and supporting local businesses aligns perfectly with the values we hold dear on El Paseo. The establishment of a farmers market on El Paseo would not only enhance the shopping experience for residents and visitors but also attract a broader audience to our neighborhood. By offering a diverse array of fresh and unique products, the market would create a dynamic atmosphere that encourages exploration and fosters a sense of camaraderie among shoppers and business owners alike. Moreover, the presence of a farmers market would undoubtedly drive foot traffic to our businesses, increasing visibility and stimulating economic growth. The opportunity for collaboration and cross -promotion among vendors and businesses would further amplify the positive impact of the market on our local economy. In conclusion, I wholeheartedly support Christiana Green's proposal for a new farmers market on El Paseo. I am confident that her initiative will not only enrich our community but also contribute to the continued success and vitality of all the businesses in the area. Sincerely, Taylor Rouhana Owner La Dolce Piccola Gelateria 73255 El Paseo Suite 20 Palm Desert Ca 92253 TOPS (800) 852-TOPS N topsnbarricade@aol.com 44503 Jackson Street B RRICAD ES topsnbarricades.com PLEASE REMIT TO: TOPS N BARRICADES Indio, CA 92202 Ph.(760) 347-2111 INC. Contractors L(c. #787ss4 44-503 JACKSON ST, INDIO, CA 92201 Fx.(760) 347-3680 CONTRACT: 138282 BILLTO: SHIP TO: CUSTOMER #: COD-CHRISTiANA GREEN CLOSE EL PASEO BETWEEN SAN BILLING TEL: PABLO&LUPINE DIVISION: HEAD OFFICE PALM DESERT RENTAL# QTY DESCRIPTION EXTENDED AMT DATE OUT: MAY02/24 BILLED THRU; MAY03/24 RENTAL PERIOD: 1 DAY(S) STATUS: OUT DART 4.00 DETOUR ARROW RIGHT W/BARR DAILY: $0.80 DATE OUT: MAY02/24 BILLED THRU: MAY03/24 RENTAL PERIOD: 1 DAY(S) STATUS: OUT RMISC 2.00 R-61 LT/RTTURN ONLY W/BA DAILY: $0.80 DATE OUT: MAY02/24 BILLED THRU: MAY03/24 RENTAL PERIOD: 1 DAY(S) STATUS: OUT RMISC 24.00 TEMP NO PARK STAMPED TO TREES DAILY: $0.80 DATE OUT: MAY02/24 BILLED THRU: MAY03124 RENTAL PERIOD: 1 DAY(S) STATUS: OUT $3.20 $1.60 $19.20 SUBTOTAL RENTALS: $178.90 SERVICES# QTY DESCRIPTION UNIT PRICE AMOUNT 4 DELIVERY IN PLACE $450,00 $450.00 $450.00 $450.00 PICKUP IN PLACE 1,00 SERVICE CHARGE $65.00 POST NO PARKING SIGNS 1.00 SERVICE CHARGE FILL 8 PIECES OF KRAIL $450.00 $450.00 $65.00 $65.00 $700.00 $700.00 SUBTOTAL SERVICES: $1,665.00 GRAND TOTAL: S1.843.90 RENTAL AGREEMENT AND CONDITIONS LESSEE ACKNOWLEDGES: -Receipt of said equipment in good working condition and repair and upon expiration of Lessees use thereof, Lessee shall return same to Lessor in as good condition and repair as when delivered, subject to reasonable wear and tear. Customer responsible for lost or stolen equipment. LESSEE AGREES: -To pay the specified rent for use of sold equipment: To not release this equipment from Lessees control without prior authorization from Lessor. -To not move said equipment to anyother fob without prior consent of Lessor. -To assume sole responsibrlity of proper placing of said rented equipment on the job Iocation.To Indemnify Lessor against all loss, damage, expense and penalty arising from any action or claim on account of any injury to person or property of any character, whatsoever occasioned by the operation, handling, transportation and/or use of any of the barricades and/or warning lights during the rental period, and while said barricades are In the possession or under custody of Lessee.To pay to Lessor reasonable attorney fees and collection costs Incurred by Lessor in enforcing the terms of this agreement, in the event Lessee breaches any of the terms of this agreement, of Lessee fails to pay rent of to pay for damages to said equipment while in Lessees possession. LESSOR AGREES: -Assumes no respansiblllty from any cause whatseoever,. CUSTOMER'S SIGNATURE DATE TRUCK# DRIVER DATE TIME DATE PRINTED: 03/02/202413:36:33 DATE CREATED: 05/02/2024 REYNA W1 PAGE OF •w • TOPS (800) 852 TOPS N topsnbarricade@aol.com Street 445031aio, B RRICAD ES topsTlbarricades.com PLEASE REMIT TO: TOPS N BARRICADES CA Ph.(7fi0} 347-2111 .(760, CA -2111 INC. Contractors LIc. #787664 44-503 JACKSON ST. INDIO, CA 92201 Fx.(760) 347-36W CONTRACT: 138282 SILL TO: SHIP TO: CUSTOMER M COD-CHRISTIANA GREEN CLOSE EL PASEO BETWEEN SAN BILLING TEL: PABLO&LUPINE DIVISION: HEAD OFFICE PALM DESERT RENTAL# CITY DESCRIPTION EXTENDED AMT DATE OUT: MAY02/24 BILLED THRU: MAY03124 RENTAL PERIOD: 1 DAY(S) STATUS: OUT DART 4.00 DETOUR ARROW RIGHT W/BARR $3,20 DAILY: $0.80 DATE OUT: MAY02124 BILLED THRU: MAY03/24 RENTAL PERIOD: 1 DAY(S) STATUS: OUT RMISC 2.00 R-61 LT/RTTURN ONLY W/BA $1.60 DAILY: $0.80 DATE OUT: MAY02/24 BILLED THRU: MAY03/24 RENTAL PERIOD: 1 DAY(S) STATUS: OUT RMISC 24.00 TEMP NO PARK STAMPED TO TREES $19.20 DAILY: $0.80 DATE OUT: MAY02/24 BILLED THRU: MAY03/24 RENTAL PERIOD: 1 DAY(S) STATUS: OUT SUBTOTAL RENTALS: $178.90 SERVICES# CITY DESCRIPTION UNIT PRICE AMOUNT 4 DELIVERY IN PLACE $450.00 $450.00 $450.00 8 PICKUP IN PLACE $450.00 $450.00 $450.00 5 1,00 SERVICE CHARGE $65,00 $65.00 $65.00 POST NO PARKING SIGNS 5 1.00 SERVICE CHARGE $700.00 $700.00 FILL 8 PIECES OF KRAIL SUBTOTAL SERVICES: $1,665.00 GRAND TOTAL: 51.843.90 RENTALAGREEMENT AND COMMONS LESSEE ACKNOWLEDGES: -Receipt of said equipment in good working canditfon and repair and upon expiration of Lessees use thereof, Lessee shall return same to Lessor in as good condition and repair as when delivered, subject to reasonable wear and tear. Customer responsible for lost or stolen equipment. LESSEE AGREES: To pay the specified rent for use of said equipment. -To not release this equipment from Lessees control without prior authorization from Lessor. -To not move said equipment to any other job without prior consent of Lessor. To assume sole responsibility of proper placing of sold rented equlpmenton the job Iocatlon.To indemnify Lessor against all loss, damage, expense and penalty arising from any action or claim on account ofany Injury to person or property of any character, whatsoever occasioned by the operation, handling, transportation and/or use of any of the barricades and/or warning lights during the rental period, and while said barricades are in the possession or under custody of Lessee.To pay to Lessor reasonable attorney fees and collection costs Incurred by Lessor In enforcing the terms of this agreement, In the event Lessee breaches any of the terms of this agreement, of Lessee fails to pay rent of to pay for damages to said equipment while in Lessees possession. LESSOR AGREES .Assumes no responsibility from any cause whatseoever. 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Z 1 _ _ - _ - _(:f]\]))§ §�« - - 1 `o _ ; r !] - _ - � -- _ - - :�� :/ < - _ _ --mw- lo : \ ` - o §)\}) %� : k� _ ) - §fJ!! - \ - - _ -w :_- _ 0 —2 \ _\ \-_\ k))!\}j{\))o\/ \ :�j\{{-- : r/) !!#a!l: - % ;){ { - k!/)){ƒ})}#) !//y!!/!&! /f !; #�!# �!2!/!!§ /f«3!!2#:aroma, ) ) I\]!)))}If\f) ]#))!))f7\ff)))}\If\!)#}} {0 0 \}- o �o f )E o ) \ \ } } \ } \ \ E } \ \ } \ \ \ } A!ml i m1._ o El \ } \ \ \ \ \\ \_ \ } } \ } \ \} o ) }o - o 7 / ] _ \ - \ \ _ o IZ 246 o _ - o _ \\ \\\ \_ \ }\ \\}\\\\ ou } \\ \ ml \ )/\ ,o o - Gc° _ ! ! _ - - ___ �- \\ } \/ \\\\}}\ }\}\ \ \\ \ \ }�\ �\}\\} !!,{; __ !! o. _ - o _ : §})§))/ ()kk \ ]\k - - ]{ f{))@[#§{>#f|)| -_o f { ) ;2§:2��. |/ >: \� :.,3 \\\ \ \ \ \ \\\} \\\\\ \\ }\\ } \\\}\\\\ \\ \ \adad, od )f{ ) ;|\ \ \\\ \\\\\\\j \ \ j \ (j\\\\\ \ \\\\\\ \\\\ \\\\\ \\ LO 0) CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner REQUEST: ADOPT THE UPDATED MILLS ACT PROGRAM APPLICATION MANUAL RECOMMENDATION: Adopt the updated Mills Act Program Application Manual. B AC KG R O U N D/AN A LYS I S: The Mills Act (Act), enacted in 1972, is a state law that provides incentives for the restoration and preservation of qualified historic buildings by private property owners. According to Palm Desert Municipal Code (PDMC) Section 29.70.030, "The application process, review procedures, and required contract provisions for Mills Act agreements shall be established by a separate resolution of the City Council and shall be implemented by the administrator or designee". On January 13, 2011, the City of Palm Desert City Council (Council) adopted Resolution No. 2011-01 which established the Act's application process, review procedures, and required contract provisions for implementing the Act. On October 26, 2023, the Council adopted an updated resolution that removed the limitation on eligible applications beginning in 2024. Staff is seeking an update to the Mills Act Program Application Manual (Manual) to: • Update Appendix A of the Manual to establish clearer eligibility criteria for Act applications. • Update language to reflect the change of administration from the Department of Building and Safety to the Planning Division. • Remove outdated references, including the limitation on the number of Act applications. • Update the draft Mills Act agreement. Per the current Manual, applicants must complete a 10-year Property Improvement Plan (Improvement Plan) which details proposed projects by year and cost. The Manual references Appendix A as a guide for qualifying projects. Currently, eligible work for participation in the Act includes any necessary repair, maintenance, restoration, or rehabilitation of a Historic Property. The Improvement Plans require review and approval from City staff and the Council and must meet all requirements of the Secretary of the Interior's Standards for Rehabilitation. Approved Improvements Plans are attached as exhibits to approved Act Agreements. According to the Manual, staff is responsible for conducting inspections of the property and the approved scopes of work to ensure compliance with Act Agreements. The proposed updated Exhibit A would serve as guidance to determine if the proposed projects outlined in the submitted Improvement Plans are eligible for repair, restoration, and/or rehabilitation improvements under the Mills Act Application. All scopes of work would have to meet the Secretary of the Interior's Standards for Rehabilitation. Appendix A categorizes Page 1 of 2 955 City of Palm Desert Mills Act Application Manual U proposed improvements as contributing to either "structure integrity," "architectural/historical integrity," or being ineligible. "Structure integrity" includes the structural elements of a building (foundation, beams, framing, etc.) and mechanical, electrical, and plumbing systems. "Architectural/Historical Integrity" includes architectural and historical components (windows, doors, roofing, decorative elements, trims, etc.) that are integral to the justification for the property's historical designation. At its regular meeting on January 24, 2024, the Cultural Resources Preservation Committee (CRPC) recommended approval of draft Guidelines revisions, with the condition that staff amend the guidelines to include the repair or new construction of walls or fences eligible under Architectural and/or Historical Integrity. This change was incorporated into Appendix A. At the March 27, 2024, CRPC meeting, additional input was received from an existing property owner/Mills Contract owner who suggested that there should be no changes to eligible scopes of work. On April 11, 2024, City staff presented the updated Appendix A to City Council at a study session. The Council directed staff to conduct additional outreach to existing Mills Act contract owners and provided guidance on modifications to the eligible scopes of work. City staff contacted twenty (20) existing Mills Act contract applicants to receive feedback on the updated Appendix A, met with the owner who commented at the March 27, 2024, CRPC meeting, and met with a representative of the Sandpiper Homeowner's Association (HOA) who had comments on the updates. City staff received feedback from two (2) applicants on eligibility of HOA fees and added the following sentence to Appendix A: "If HOA Fees submitted are for a scope of work that is eligible in another section of Appendix A, the fees may be eligible. " City staff updated Appendix A incorporating feedback received from residents, the CRPC, and the City Council. City staff presented the updated Appendix A to the CRPC on June 26, 2024, and the CRPC recommended approval with the following revisions: • New water heaters were revised to be an eligible cost. Contributing landscaping and hardscape were revised to be eligible. Repair of swimming pools was revised to be eligible. The updated Manual incorporates all the revisions previously described. The updated Manual will be used for Act applications submitted in 2024. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Updated Mills Act Application Program Manual Page 2of2 956 CITY OF PALM DESERT MILLS ACT PROGRAM APPLICATION MANUAL Planning Division 73-510 Fred Waring Drive Palm Desert, CA 92260 (760)346-0611 957 TABLE OF CONTENTS APPLICATION INFORMATION Introduction and Purpose 3 Property Qualifications 3 Terms of a Contract 3 Administration 4 Application and Selection Process 5 FORMS Application Checklist 6 Application 7 10-Year Property Improvement Plan 8 APPENDICES A. Sample Projects Qualified Under the Mills Act 10 B. Secretary of the Interior's Standards for Rehabilitation 11 C. Sample Mills Act Contract 12 D. Sample Site Plan 25 E. Site Inspection Form 26 F. State Mills Act Legislation 27 2 MILLS ACT PROGRAM APPLICATION MANUAL INTRODUCTION AND PURPOSE The City of Palm Desert Mills Act Program was established by Resolution No. 2011-1 in 2011. The Mills Act is state legislation, enacted in 1972, that grants participating local governments the authority to enter into contracts with owners of qualified historic properties who receive a reduction in local property taxes to help offset the costs to restore, rehabilitate, repair and maintain their properties. Although it is applicable to historic income producing properties, it is the single most important economic incentive program available in California for owner occupied historic residential buildings, particularly single-family homes. A Mills Act program is developed in accordance with California Government Code, Article 12, Sections 50280-50290 and California Revenue and Taxation Code, Article 1.0, Sections 439-439.4 This manual is designed to assist you in completing the Mills Act application and provides a summary of the program requirements. QUALIFYING HISTORIC PROPERTIES To qualify for the Palm Desert Mills Act program a property must be one of the following: ❑ Designated City Landmark ❑ Contributing feature of a designated City historic district ❑ Listed individually in the National Register of Historic Places ❑ Contributing feature of historic district listed in the National Register of Historic Places ❑ National Historic Landmark A property must be designated at the time an application is submitted. Questions regarding the designation status of a property of the City's designation program can be addressed to the Cultural Resources Administrator in the Planning Division. TERMS OF A MILLS ACT CONTRACT Duration: A Mills Act contract is for a minimum term of ten years. It is automatically renewed each year on its anniversary date and a new ten year term becomes effective. Contracts are transferred to new owners when the property is sold. 3 959 Termination: The property owner may terminate the contract by notifying the City at least ninety (90) days prior to the annual renewal date. The City may terminate the contract by notifying the owner at least sixty (60) days prior to the renewal date. The owner may make a written protest about termination by the City. The contract remains in effect for the balance of the term of the contract beyond the year of termination. Alterations or Additions to a Property: Work performed on the property (interior, exterior, and grounds) must meet all City requirements and comply with the "Secretary of the Interior's Standards for Rehabilitation". A 10-Year Property Improvement Plan is required as part of the application and will be re-evaluated by the City every five years or as needed. Annual Reports: Property owners are required to submit an annual report to the City indicating work completed per the 10-Year Property Improvement Plan. The report is due by December 31 of each year and should include copies of receipts and/or building permits where applicable. Inspection for Compliance: City staff conducts a pre -contract inspection of the property to ensure compliance with the terms of the contract. Conditions not conforming to the Secretary of the Interior's Standards for Rehabilitation may be required to be brought into compliance before a contract is executed. City staff will conduct annual property inspections following submittal of the annual report to ensure that proposed work has been completed and meets all applicable City standards. Inspections may also be required by the County Assessor, State office Historic Preservation and/or State Board of Equalization. All inspections are by appointment with the property owner. Breach of Contract: If the City determines that the property owner is in breach of contract, the City may cancel the contract and the owner is liable for a cancellation fee of 12.5% of the current value of the property as determined by the County Assessor. ADMINISTRATION City of Palm Desert: Mills Act applications and contracts are administered by the Cultural Resources Administrator in the Planning Division. Upon selection for the program, contracts are reviewed by the Cultural Resources Preservation Committee and City Council for approval. Riverside County: The County records executed Mills Act contract documents with the County Recorder before December 31 of the applicable calendar year. After recordation, the City transmits contract documents to the Riverside County Assessor where the calculation for the exact property tax under the Mills Act is completed. 0 •.1 The County Assessor calculates the tax saving using a stated -mandated reassessment formula based on "capitalization of income" rather than simple "market value." Mills Act participants may realize a property tax savings averaging about 50% each year depending on property value, net operating income, and other variables. Recently purchased historic properties are most likely to receive the highest reduction. The Mills Act Program does not guarantee a reduction amount for any property. Contracts that are recorded by December 31 are reassessed by June 30 of the following year and the reduced tax will appear on the tax bill of October of that year. State of California: Within six months of entering into a Mills Act contract, the property owner must submit written notice to the State Office of Historic Preservation. This notification states that the property owner has entered into a Mills Act contract. A copy of the letter must be submitted to the City Cultural Resources Administrator. APPLICATION AND SELECTION PROCESS The City accepts an unlimited number of Mills Act contracts per year. Applications are accepted year-round, but to be considered for the next fiscal year applications must be submitted by July 30th Fees: A non-refundable application fee is due with your application. If your application is accepted, a contract initiation fee deposit of $1000.00 will be due. Submittal Requirements: The application should include the following: 1. Application Checklist 2. Application Form 3. Copy of the grant deed, including a complete legal description 4. 10-Year Property Improvement Plan 5. Photographs — Photographs shall be black and white 35mm film including negatives or compact disc (CD) of the building interior (all rooms) and exterior (front, sides, rear as well as assessor buildings, and hardscape and landscape features). Include as many views of architectural details as necessary to document the character defining features of the building and site. Include one 8 x 10 printed image that best captures the property, (e.g. front fagade). Images shall be printed onto archival paper in 3 x 5, 4 x 6 or multiple image letter sized sheet format. 6. Site plan — The plan shall be drawn to scale and showing the location of all buildings, structures and major site features on the property, street names, north arrow, and dimensions. 7. Non-refundable application fee The complete application should be submitted to the Planning division's online portal here: Digital Plan Submittals I CITY OF PALM DESERT (cpditp.org) or: Cultural Resources Administrator Planning Division 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 5 961 City of Palm Desert Mills Act Application Checklist The following should be completed and submitted with your application packet. See the Palm Desert Mills Act Application Manual for details on the submittal requirements. t Application Form t Copy of the grant deed, including complete legal description t 10-Year Property Improvement Plan t Photographs t Site Plan t Non -Refundable Application Fee 0 962 City of Palm Desert Planning Division MILLS ACT HISTORIC PROPERTY CONTRACT APPLICATION 73-510 Fred Waring Drive - Palm Desert - California - 92260 - (760) 776-6420 - Fax (760) 776-6392 Property Owner Information: Name: Address: City: Phone: (HM) Property Information: State: Zip: Email: Address of Property: Assessor's Parcel No(s): Legal Description (attach additional sheets if necessary): Date of Purchase by Current owner: Use of Property: Eligibility for the Mills Act Program: A property must be designated and recorded with the Riverside County Recorder at the time an application is submitted. Please check the designation(s) that apply to the property: City Historic Landmark _ Contributor to a City Historic District _ National Register of Historic Places (individually listed) National Register of Historic Places (contributor to a historic district) National Historic Landmark Name of Historic District (if applicable): Date of Designation: Property Owner Consent: I am (we are) the present owner(s) of the property described above and hereby apply for consideration for a Mills Act Historic Property Contract Signature of Property Owner Date Signature of Property Owner Date For Office Use: 7 963 10-Year Property Improvement Plan For sample projects qualifying under the Mills Act see Appendix "A". Attach additional sheets if necessary. Year Proposed Project Estimated Cost 1 2 3 4 5 6 7 8 9 10 This schedule will be attached as an exhibit to the Historic Property Preservation Agreement (Mills Act Contract). It may be revised or updated by mutual consent of the property owner(s) and the Cultural Resources Administrator in the Planning Division. All projects that affect the exterior of the property are subject to review and approval by the Cultural Resources Administrator and/or the Cultural Resources Preservation Committee before work begins. Work must meet all City requirements and the Secretary of the Interior's Standards for Rehabilitation (Appendix B). APPENDICES A. Eligible Scopes of Work Under the Mills Act B. Secretary of the Interior's Standards for Rehabilitation C. Sample Mills Act Contract Agreement D. Sample Site Plan E. Site Inspection Form F. State Mills Act Legislation 965 APPENDIX A Eligible Scope of Work The table below serves as guidance to determine if the proposed project(s) outlined in the 10-year Property Improvement Plan are eligible repair, restoration, and/or rehabilitation improvements under the Mills Act Application. The table categorizes each improvement as either contributing to "structure integrity", "architectural/historical integrity", or ineligible. "Structure integrity" includes the structural elements of a building (foundation, beams, framing, etc.) and mechanical, electrical, and plumbing systems. "Architectural/Historical Integrity" includes architectural and historical components (windows, doors, roofing, decorative elements, trims, etc) that are integral to the justification for the property having a historical designation. Any work proposed that is not identified within the table below is subject to eligibility determination by City Staff, the Cultural Resources Preservation Committee (CRPC), and/or City Council. SCOPE OF WORK ELIGIBLE INELIGIBLE Structure Integrity Architectural and/or Historical Integrity Interior 1. New/repair appliances X 2. New/repair carpet X 3. New/repair countertops X 4. New/repair flooring X 5. Interior painting X 6. Changes to interior walls X 7. Carpentry restoration work (example: Windows, molding, framing) X Roofing 8. Patch/Repair Roof X 9. New Roof (different material) X 10. New roof (original material) X 11. Altering Building Roof (ridge, dormers, gables, etc.) X 12. Repair roof framing X 13. Repair of eaves/overhangs X 14. Flashing/waterproofing X 15. Install rooftop photovoltaic system (Solar panels) X Windows/Doors/Awning/Shutters 16. Replace exterior doors and/or windows X 17. Alteration/creation of window or door opening X 18. Replacement/repair of shutters or awnings X 19. Install or remove shutters or awnings X Exterior Walls M. APPENDIX A 20. Whole house exterior painting X 21. Touch up paint X 22. Re -stucco (like for like) X 23. Stucco repair (like for like) X 24. Repair, restore, or repaint masonry X 25. Cleaning of walls X 26. New/replacement wall cladding X Architectural Elements 27. Repair, remove, or alter existing patios, balconies, and/or chimneys X 28. Construct new patio, balcony, and/or chimney X 29. Construct new attached wall X 30. Repair or replace gutters and downspouts X 31. Repair existing architectural element X 32. Add new architectural element X Mechanical 33. New HVAC system(s) X 34. New venting or duct work X 35. New water heater X 36. New fans X 37. HVAC system maintenance/repair X Electrical 38. New electrical outlets, circuits, panels X 39. Whole house rewiring X 40. Electrical panel upgrade X 41. New service lines to detached structure X 42. Electric vehicle charger X 43. Battery storage or generator X 44. Security lighting and/or alarm system X 45. Exterior lighting fixtures X 46. Interior lighting fixtures X Plumbing 47. Whole house repiping X 48. New plumbing fixtures (sink, tub, shower, faucets) X 49. Plumbing repairs X 50. New service or supply lines X Fire Protection 51. Install fire sprinkler system X 52. Install smoke/CO2 alarms X Structural/Foundation 53. Foundation bolting, wall bracing, and related seismic work X 54. New/repair foundation 55. Seismic retrofitting 967 APPENDIX A 56. Repair or reinforce wall/ceiling framing or bracing Drainage/Water Protection 57. Flashing X 58. New/repair Exterior Drains 59. Water damage repair (interior/exterior) 60. Re -grading of property for drainage purposes Accessory Structures 61. New/repair of walls or fences X 62. Contributing landscaping and hardscape X 63. ADU or JADU construction X 64. Install/remove swimming pool X 65. Repair contributing swimming pool X 66. Construct/repair/removal of original accessory structure X 67. Construct/repair/removal of non -original accessory structure X General Maintenance 68. HOA Fees for Ineligible Items X 69. HOA Fees for Eligible Items* X 70. Regular common area or landscaping fees X 71. Termite Treatment X 72. Mold remediation 73. Abestos remediation 74. Radon gas prevention/remediation 75. Lead -based paint removal *If HOA Fees submitted are for a scope of work that is eligible in another section of Appendix A, the fees maybe eligible. ��i U • ■ A IL FBI FA - The Secretary of the Interior's Standards for Rehabilitation The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. APPENDIX C Recording Requested by: When Recorded Mail to: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: Cultural Resources Administrator (Space above for Recorder's Office) HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") between THE CITY OF PALM DESERT a California municipal corporation and Owner(s) of the property located at APN 970 APPENDIX C HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") This agreement ("Agreement") is made this day of 20_, by and between the City of Palm Desert, a California municipal corporation ("City"), and ("Owner"). RECITALS 1. California Government Code section 50280, et. seq. allow cities the discretion to enter into contracts with the owners of qualified historic properties, as defined in Government Code section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property, so as to retain its characteristics as property of historic significance; and 2. Owner holds fee title to that certain real property, together with associated structures and improvements thereon, generally located at within the City of Palm Desert, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit "A," and incorporated herein by this reference; and 3. On 20 , the Cultural Resources Preservation Committee and/or the City Council designated the Historic Property as a historic resource, pursuant to the terms and provisions of Title 29 of the Palm Desert Municipal Code; and 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character; and 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TGQNAQ NOW, THEREFORE, the City and Owner, in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: 971 APPENDIX C 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on , 20_ ("Effective Date"), and shall remain in effect for a term of ten (10) years thereafter. 2. Yearly Renewal. Each year upon the anniversary of the Effective Date ("Renewal Date"), an additional one (1) year shall automatically be added to the remaining term of the Agreement, unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires at any point not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective, only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice of Nonrenewal shall be effective, only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the remaining Agreement term. 4. Owner Protest of City Nonrenewal. Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from the City, Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protest, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. Owner may furnish to the City Council any information that Owner deems relevant, and shall furnish that which is requested or required by the City Council. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal. 5. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached hereto as Exhibit "B" and incorporated herein by this reference, is a list of the minimum standards and conditions for t he maintenance, use, protection, and preservation of the Historic Property, which shall be complied with by Owner at all times throughout the term of this Agreement. In addition, Owner shall comply with the terms of the City's Cultural Resources Ordinance 1168 (Title 29 of the Palm 972 APPENDIX C Desert Municipal Code), and shall obtain any and all applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property, so as to maintain its historical and cultural significance. B. Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of both the Office of Historic Preservation of the State Department of Parks and Recreation, and the City of Palm Desert. The condition of the Historic Property's exterior on the Effective Date of this Agreement is documented in the photographs attached hereto as Exhibit "C" and incorporated herein by this reference. At a minimum, Owner shall continually maintain the exterior of the Historic Property in the same condition as documented and depicted in Exhibit "C." C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in Exhibit "D," attached hereto and incorporated herein by this reference. All such projects shall be undertaken and completed in accordance with both the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, in addition to the City of Palm Desert's design guidelines. D. Owner shall not be permitted to block the view corridor with any new structure such as walls, fences or shrubbery, so as to prevent the view of the Historic Property from the public right-of-way. 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or the City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City, which the City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 8. Breach of Agreement; Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified 973 APPENDIX C mail, detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach of this Agreement, City may pursue any and all remedies available pursuant to local, state, or federal law, including those specifically provided for in this section. B. Remedy - Termination. City may terminate this Agreement, if the City determines, following a duly noticed public hearing in accordance with Government Code section 50286, that: 1.) Owner breached any of the conditions of this Agreement; 2.) Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property or; 3.) Owner failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside, as required by Government Code section 50286. C. Alternative Remedies. As an alternative to termination of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Property; Eminent Domain; Termination. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be terminated, because the historic value of the structure will have been deemed destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be terminated. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is terminated, pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner, if City does not enforce 974 APPENDIX C or terminate this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 11. Binding Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth in this Agreement, deed, or other instrument. 12. Covenants Run with the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of Palm Desert Department of Building and Safety 73-510 Fred Waring Drive Palm Desert, CA 92260 Owner: 14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto or any of their heirs, 975 APPENDIX C successors or assigns, nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnity of City. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of Title 29 of the City's Municipal Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 18. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 976 APPENDIX C 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. Owner shall provide written notice of the contract to the State Office of Historic Preservation within six (6) months of entering into the contract. 20. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 977 APPENDIX C IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: Dated: APPROVED AS TO FORM City Attorney CITY OF PALM DESERT as ATTESTED TO: go Owner Owner APPENDIX C STATE OF CALIFORNIA ) )ss COUNTY OF RIVERSIDE ) On , before me, the undersigned, a notary public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature 979 APPENDIX C EXHIBIT A PROPERTY DESCRIPTION •:1 APPENDIX C EXHIBIT B MINIMUM STANDARDS AND CONDITIONS FOR MAINTENANCE, USE, PROTECTION, AND PRESERVATION OF HISTORIC PROPERTY APPENDIX C EXHIBIT C EXTERIOR PHOTOGRAPHS OF HISTORIC PROPERTY go APPENDIX C EXHIBIT D PENDING AND REQUIRED PROJECTS FOR HISTORIC PROPERTY gm APPENDIX D SA MP LE S ITE P LAN PROPOR E D ROOM DD171CM rM PATIri OO E:� EY1 S—IN -i-_; -1.�E ��•�I�4�'rV PARKWAY ' FROFERn � LINE % I I I I N •{ � I 1a4 EMSTING iC 1 k EXI ETIN{ NROPOZEO l FEhOE STREEF Provide and observe the folto wring: 1. Provide two I2) sets of plans Iminirnurn) are regLir-ed for all Wilding permits. 2. Plarm 3im to h,;;L dr3wrr ngLatly and rnuct bp Ipgiblt (ma 9"Ph Paper)- 3. Minimum B1 ?2" x 11" sheet 5iii!�-L- (Fill shot Frith site plan, Go nDt use edge cl paper for property lines. 4. Pr�3v1de project address, owners name, and phor* nLffnber- 4. Sly al streets, driv+wayrs, and alleys j if any). 6. Clearly show all proposed and exlscing construdlon wtth oar Fkte diFmnslons, 7. Indicate all easmem kK ations (refer to yc ur TRIP Report for this information. B. Shcw North arrow_ N otc: Al I dime n-9 ions -9 hown on this ssmplt pl an anc for rtfardaGe a nly- Your site p la n m ust s how the actual d imension s for the I of I Ocated at the address. 11 984 APPENDIX E MILLS ACT PROGRAM CITY STAFF ANNUAL INSPECTION REPORT Date of inspection: Staff Name: ❑ Drive -by ❑ Site Visit Was work completed in accordance with all City requirements? ❑ Yes ❑ No Comments: Signature: 12 APPENDIX F GOVERNMENT CODE SECTION 50280-50290 50280. Upon the application of an owner or the agent of an owner of any qualified historical property, as defined in Section 50280.1, the legislative body of a city, county, or city and county may contract with the owner or agent to restrict the use of the property in a manner which the legislative body deems reasonable to carry out the purposes of this article and of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code. The contract shall meet the requirements of Sections 50281 and 50282. 50280.1. "Qualified historical property" for purposes of this article, means privately owned property which is not exempt from property taxation and which meets either of the following: (a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations. (b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks. 50281. Any contract entered into under this article shall contain the following provisions: (a)The term of the contract shall be for a minimum period of 10 years. (b) Where applicable, the contract shall provide the following: (1) For the preservation of the qualified historical property and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code. (2) For the periodic examinations of the interior and exterior of the premises by the assessor, the Department of Parks and Recreation, and the State Board of Equalization as may be necessary to determine the owner's compliance with the contract. (3) For it to be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the contract as the original owner who entered into the contract. (c) The owner or agent of an owner shall provide written notice of the contract to the Office of Historic Preservation within six months of entering into the contract. 50281.1. The legislative body entering into a contract described in this article may require that the property owner, as a condition to entering into the contract, pay a fee not to exceed the reasonable cost of administering this program. 50282. (a) Each contract shall provide that on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless notice of nonrenewal is given as provided in this section. If the property owner or the legislative body desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract on the other party in advance of the annual renewal date of the contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the legislative body at least 60 days prior to the renewal date, one year shall automatically be added to the term of the contract. (b) Upon receipt by the owner of a notice from the legislative body of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The legislative body may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c) If the legislative body or the owner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be. (d) The owner shall furnish the legislative body with any information the legislative body shall require in order to enable it to determine the eligibility of the property involved. (e) No later than 20 days after a city or county enters into a contract with an owner pursuant to this article, the clerk of the legislative body shall record with the county recorder a copy of the contract, which shall 13 986 describe the property subject thereto. From and after the time of the recordation, this contract shall impart a notice thereof to all persons as is afforded by the recording laws of this state. 50284. The legislative body may cancel a contract if it determines that the owner has breached any of the conditions of the contract provided for in this article or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The legislative body may also cancel a contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract. 50285. No contract shall be canceled under Section 50284 until after the legislative body has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be mailed to the last known address of each owner of property within the historic zone and shall be published pursuant to Section 6061. 50286. (a) If a contract is canceled under Section 50284, the owner shall pay a cancellation fee equal to 121/2 percent of the current fair market value of the property , as determined by the county assessor as though the property were free of the contractual restriction. (b) The cancellation fee shall be paid to the county auditor, at the time and in the manner that the county auditor shall prescribe, and shall be allocated by the county auditor to each jurisdiction in the tax rate area in which the property is located in the same manner as the auditor allocates the annual tax increment in that tax rate area in that fiscal year. (c) Notwithstanding any other provision of law, revenue received by a school district pursuant to this section shall be considered property tax revenue for the purposes of Section 42238 of the Education Code, and revenue received by a county superintendent of schools pursuant to this section shall be considered property tax revenue for the purposes of Article 3 (commencing with Section 2550) of Chapter 12 of Part 2 of Division 1 of Title 1 of the Education Code. 50287. As an alternative to cancellation of the contract for breach of any condition, the county, city, or any landowner may bring any action in court necessary to enforce a contract including, but not limited to, an action to enforce the contract by specific performance or injunction. 50288. In the event that property subject to contract under this article is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the legislative body to frustrate the purpose of the contract, such contract shall be canceled and no fee shall be imposed under Section 50286. Such contract shall be deemed null and void for all purposes of determining the value of the property so acquired. 50289. In the event that property restricted by a contract with a county under this article is annexed to a city, the city shall succeed to all rights, duties, and powers of the county under such contract. 50290. Local agencies and owners of qualified historical properties may consult with the State Historical Resources Commission for its advice and counsel on matters relevant to historical property contracts. 14 987 California Revenue and Taxation Code, Article 1.9, Sections 439 - 439.4 439. Historical Property Restrictions; enforceably restricted property. For the purposes of this article and within the meaning of Section 8 of Article XIII of the Constitution, property is "enforceably restricted" if it is subject to an historical property contract executed pursuant to Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. 439.1. Historical Property; definitions. For purposes of this article "restricted historical property" means qualified historical property, as defined in Section 50280.1 of the Government Code, that is subject to a historical property contract executed pursuant to Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. For purposes of this section, "qualified historical property" includes qualified historical improvements and any land on which the qualified historical improvements are situated, as specified in the historical property contract. If the historical property contract does not specify the land that is to be included, "qualified historical property" includes only that area of reasonable size that is used as a site for the historical improvements. 439.2. Historical Property; valuation. When valuing enforceably restricted historical property, the county assessor shall not consider sales data on similar property, whether or not enforceably restricted, and shall value that restricted historical property by the capitalization of income method in the following manner: (a) The annual income to be capitalized shall be determined as follows: (1) Where sufficient rental information is available, the income shall be the fair rent that can be imputed to the restricted historical property being valued based upon rent actually received for the property by the owner and upon typical rentals received in the area for similar property in similar use where the owner pays the property tax. When the restricted historical property being valued is actually encumbered by a lease, any cash rent or its equivalent considered in determining the fair rent of the property shall be the amount for which the property would be expected to rent were the rental payment to be renegotiated in the light of current conditions, including applicable provisions under which the property is enforceably restricted. (2) Where sufficient rental information is not available, the income shall be that which the restricted historical property being valued reasonably can be expected to yield under prudent management and subject to applicable provisions under which the property is enforceably restricted. (3) If the parties to an instrument that enforceably restricts the property stipulate therein an amount that constitutes the minimum annual income to be capitalized, then the income to be capitalized shall not be less than the amount so stipulated. For purposes of this section, income shall be determined in accordance with rules and regulations issued by the board and with this section and shall be the difference between revenue and expenditures. Revenue shall be the amount of money or money's worth, including any cash rent or its equivalent, that the property can be expected to yield to an owner- operator annually on the average from any use of the property permitted under the terms by which the property is enforceably restricted. Expenditures shall be any outlay or average annual allocation of money or money's worth that can be fairly charged 15 988 against the revenue expected to be received during the period used in computing the revenue. Those expenditures to be charged against revenue shall be only those which are ordinary and necessary in the production and maintenance of the revenue for that period. Expenditures shall not include depletion charges, debt retirement, interest on funds invested in the property, property taxes, corporation income taxes, or corporation franchise taxes based on income. (b) The capitalization rate to be used in valuing owner -occupied single family dwellings pursuant to this article shall not be derived from sales data and shall be the sum of the following components: (1) An interest component to be determined by the board and announced no later than September 1 of the year preceding the assessment year and that was the yield rate equal to the effective rate on conventional mortgages as determined by the Federal Housing Finance Board, rounded to the nearest 1 /4 percent. (2) A historical property risk component of 4 percent. (3) A component for property taxes that shall be a percentage equal to the estimated total tax rate applicable to the property for the assessment year times the assessment ratio. (4) A component for amortization of the improvements that shall be a percentage equivalent to the reciprocal of the remaining life. (c) The capitalization rate to be used in valuing all other restricted historical property pursuant to this article shall not be derived from sales data and shall be the sum of the following components: (1) An interest component to be determined by the board and announced no later than September 1 of the year preceding the assessment year and that was the yield rate equal to the effective rate on conventional mortgages as determined by the Federal Housing Finance Board, rounded to the nearest 1 /4 percent. (2) A historical property risk component of 2 percent. (3) A component for property taxes that shall be a percentage equal to the estimated total tax rate applicable to the property for the assessment year times the assessment ratio. (4) A component for amortization of the improvements that shall be a percentage equivalent to the reciprocal of the remaining life. (d) Unless a party to an instrument that creates an enforceable restriction expressly prohibits the valuation, the valuation resulting from the capitalization of income method described in this section shall not exceed the lesser of either the valuation that would have resulted by calculation under Section 110, or the valuation that would have resulted by calculation under Section 110.1, as though the property was not subject to an enforceable restriction in the base year. (e) The value of the restricted historical property shall be the quotient of the income determined as provided in subdivision (a) divided by the capitalization rate determined as provided in subdivision (b) or (c). (f) The ratio prescribed in Section 401 shall be applied to the value of the property determined in subdivision (d) to obtain its assessed value. 439.3. Historical Property; notice of nonrenewal. Notwithstanding any provision of Section 439.2 to the contrary, if either the county or city or the owner of restricted historical property subject to contract has served notice of 16 989 nonrenewal as provided in Section 50282 of the Government Code, the county assessor shall value that restricted historical property as provided in this section. (a) Following the hearing conducted pursuant to Section 50285 of the Government Code, subdivision (b) shall apply until the termination of the period for which the restricted historical property is enforceably restricted. (b) The board or assessor in each year until the termination of the period for which the property is enforceably restricted shall do all of the following: (1) Determine the full cash value of the property pursuant to Section 110.1. If the property is not subject to Section 110.1 when the restriction expires, the value shall be determined pursuant to Section 110 as if the property were free of contractual restriction. If the property will be subject to a use for which this chapter provides a special restricted assessment, the value of the property shall be determined as if it were subject to the new restriction. (2) Determine the value of the property by the capitalization of income method as provided in Section 439.2 and without regard to the fact that a notice of nonrenewal or cancellation has occurred. (3) Subtract the value determined in paragraph (2) of this subdivision by capitalization of income from the full cash value determined in paragraph (1). (4) Using the rate announced by the board pursuant to paragraph (1) of subdivision (b) of Section 439.2, discount the amount obtained in paragraph (3) for the number of years remaining until the termination of the period for which the property is enforceably restricted. (5) Determine the value of the property by adding the value determined by the capitalization of income method as provided in paragraph (2) and the value obtained in paragraph (4). (6) Apply the ratios prescribed in Section 401 to the value of the property determined in paragraph (5) to obtain its assessed value. 439.4. Historical Property; recordation. No property shall be valued pursuant to this article unless an enforceable restriction meeting the requirements of Section 439 is signed, accepted and recorded on or before the lien date for the fiscal year in which the valuation would apply. 17 990 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development SUBJECT: CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE PALM SPRINGS IN COACHELLA VALLEY RECOMMENDATION: 1. Consider approval of a community event sponsorship in the amount of $30,000 payable to CVSPIN, Inc., for the 2025 Tour de Palm Springs in Coachella Valley charity bicycle ride and walk. 2. Approve waiver of permit fees associated with event in an amount not to exceed $800. 3. Appropriate $30,000 from the Unobligated General Fund Reserve for this purpose to Account No. 1104800-4306201. BACKGROUND/ANALYSIS : CVSPIN, Inc., approached the City earlier this year to discuss using the Palm Desert Civic Center Park as a secondary overflow start for excess cyclists and a Standard and Support Gear (SAG) location for the 27th annual Tour de Palm Springs in Coachella Valley charity bicycle ride and walk, scheduled for Sunday, February 9, 2025. With an anticipated attendance of 5,000- 10,000 cyclists and 25,000-30,000 spectators, the organizers believe that a secondary start and additional SAG location would be beneficial to the overall event. It is expected that a majority of cyclists from the Palm Springs start would stop by the Civic Center Park as a SAG location. Specifically, Palm Desert's location would serve as a start for excess cyclists in the 24-mile, 36-mile, 56-mile, 85-mile, and 102-mile categories. As part of the event, CVSPIN anticipates having a balloon arch for the start/finish, possible vendors, music, cheerleading, and volunteer groups to oversee food and water stations and to hand out medals. CVSPIN foresees roughly 85 percent of local participants in the Tour de Palm Springs using the Civic Center Park as either a start/finish or a SAG location. Subsequently, significant traffic control measures and public safety will be required. As such, CVSPIN is requesting a $30,000 sponsorship to help cover these costs, along with a waiver of associated permit fees. As noted in the attached "2024 Tour de Palm Springs in Coachella Valley Economic Impact Survey," 18 percent of respondents reported overnight stays in Palm Desert. With Palm Desert serving as a secondary location for cyclists with start times ranging from 6.30 a.m. to 9 a.m., those starting at the Civic Center Park may choose to book overnight stays in Palm Desert and patronize area restaurants and shops while attending the event. If the City Council approves sponsorship of this event, staff will request that the organizer submit an after -event summary with information on overnight stays to determine if the percentage increased due to the secondary start. Regardless of whether the sponsorship is approved or not, if CVSPIN chooses to proceed with the secondary location at the Civic Center Park, staff will continue working with the organizers Page 1 of 2 991 City of Palm Desert Consideration of Tour de Palm SDrinas in Coachella Vallev SponsorshiD Reauest on event planning. This will include traffic control, public safety, and plans for overflow parking. Staff will return to the City Council at a future date if any additional approvals are needed. FINANCIAL IMPACT: Community event sponsorship applications were due by April 30, 2024, for review by the Outside Agency Funding Committee to be included as part of the FY 2024-25 Annual Budget. Staff did inform the organizer of the application process and deadline; however, the application was not received in time. Therefore, CVSPIN's sponsorship request was verbally presented to the Outside Agency Funding Committee who recommended that staff bring the request forward for City Council review upon receipt. If this sponsorship is approved, an appropriation would be necessary from Unobligated General Fund Reserves to Account No. 1104800-4306201. Additionally, waiver of permit fees such as encroachment permit and park use fees are typically approved for City -sponsored events. This amount is anticipated not to exceed $800. ATTACHMENTS: 1. Sponsorship Request 2. 2024-25 Community Event Sponsorship Application 3. Special Events Application 4. 2024 Economic Impact Survey Page 2of2 992 City of Palm Desert 2025 Good afternoon, On behalf of CVSPIN, we are requesting sponsorship and funding for the 2025 Tour de Palm Spri ngs in Coachella Valley for our second overflow start which we are wanting to have in the city of Palm Desert. The funds that we are requesting are both in kind and monetary. In Kind Sponsorship: - Permit - Application fees - Parkfees Monetary: $30,000 - Law enforcement - Tops N Barricades - Road Closures - Traffic Control Plans We are attachingour economic impact report and budget withthis request. Our event is coming up on its 27t"year beinga part of the Coachella Valley.Weare growing and looking to expand and have our overflow start located in Palm Desert to continue our mission of donating to local nonprofit organizations throughout the entire Coachella Valley. The event brings together 2,500 volunteers from throughout the Coachella Valley, 5,000 to 10,000 cyclists, and 25,000 to 30,000 spectators annually. Thank you again for your time and we look forward to working with your city for many years to come. Cody Shelton Executive Director Timothy Esser Founder/Owner/Volunteer 993 A 111YAKS7_VA111 2024-25 COMMUNITY EVENT SPONSORSHIP REQUEST City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RELEASE DATE: March 15, 2024 RESPONSE DEADLINE: April 30, 2024, 5:00 pm RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://secure.procurenow.com/portal/cityofpaImdesert 995 City of Palm Desert 2024-25 Community Event Sponsorship Request I. Notice Inviting Applications for Community Event Sponsorships i. Organization & Event Information......................................................................................... EvaluationCriteria.............................................................................................................................. Attachments: A - Res 2024-001 - Community Event Sponsorship Policy undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 1. Notice Inviting Applications for Community Event Sponsorships 1.1. Purpose The City of Palm Desert aims to foster a vibrant community by supporting events that encourage civic engagement, celebrate cultural diversity, stimulate tourism, drive economic vitality, and uphold public health and sustainability. 1.2. General Requirements Applicants for community event sponsorships must meet all the following requirements: A. Applicants must independently conduct the community event or collaborate with another organization to be eligible to receive a sponsorship. B. The community event must take place within Palm Desert city limits, with limited exceptions. Reason(s) for not holdingthe proposed event within Palm Desert city limits must be stated on the application. Exemption from this requirement will be provided on a case -by -case basis and will favor activity promoting the City of Palm Desert as a desirable place to live, visit, and do business. C. If applicable, applicants agree to submit a Special Events Application/Agreement a minimum of 120 days prior to the event, or a Temporary Use Permit (TUP). D. Applicants agree to use sponsorship funds exclusively for the community event represented in the application. E. Recipients shall provide the City recognition as a sponsor in exchange for the sponsorship in a method consistent with other sponsors at the community event. In no event shall the recognition for the City's sponsorship be less than that provided to other sponsors who have contributed the same total financial or in -kind support. F. If applicable, applicants are required to enter a sponsorship agreement with the City and provide a certificate of liability insurance or proof of self-insurance. G. Community event sponsorship applications are limited to one per year, per taxpayer identification number. H. Sponsorships will be approved on a competitive basis and are not guaranteed. Applicants should be aware that they may not receive the full amount of sponsorship requested. I. Sponsorship approvals are made on an annual basis and shall be considered as a one-time approval. Approval for sponsorship in one year does not imply or guarantee that the City will approve sponsorship for the same event or organization in subsequent years. An official post -community event evaluation must be submitted to City staff within ninety (90) days following the conclusion of a sponsored community event. 997 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request Due to limited resources, not all community event sponsorship requests are funded. The number of community events that the City sponsorsvaries annually. The City will evaluate each request based upon available funds, satisfaction of the eligibility criteria, and compliance with the Community Event Sponsorship Policy. 1.3. IneliRible Organizations and Activities Examples of ineligible organizations or activities include, but are not limited to: A. Any non -community event request, such as on -going programming or structured activities. B. Private events or events that re not open to the general public. C. Discriminatory activities such as those restricted based on a person's race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status. D. A political, politically affiliated, or political action organization or event that promotes any political viewpoint, provides fora political purpose orcauses participants to engage in otherwise affiliate or express an endorsement of partisan political functions or activities E. An event or activity that promotes a religious purpose (as opposed to a secular purpose, such as promoting cultural heritage or community understanding). F. A private individual for his/her own use. G. Funds may not be used for cash prizes, cash awards, salaries, salary reimbursement, or general budget subsidy. H. Funds cannot be directly provided to specific individuals, nor may funds be constructively provided to specific individuals (e.g. usingfundsto pay forcertain individuals to go to an event is not permitted). By contract, using funds to reduce the overall costs of an event is permitted. I. An organization receiving Outside Agency funding concurrently (during the same fiscal year). J. A K-12 school or school -related groups, as funding requests for schools and school -related groups shall be processed by the Outside Agency/Charitable Contributions Committee. 1.4. Additional Assessment Criteria A. An applicant's first sponsorship request may total no more than 50% of the community event budget (if sponsorship includes in -kind, value of the in -kind items may not equal more than 50% of the event budget). M ..; undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request B. An applicant's second or subsequent sponsorship request may total no more than 35% of the community event budget (if sponsorship includes in -kind, value of the in -kind items may not equal more than 35% of the event budget). C. Sponsorship requests for a 5K walk/run shall be eligible for a maximum sponsorship of $2,500. D. Special consideration will be given to registered local non-profit corporations or local 501(c) organizations with tax-exempt status. ... undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 2. Organization & Event Information 2.1. General Information 2.1.1. Cody Shelton Please provide the name of the primary contact associated with this funding request. *Response required 2.1.2. Executive Director *Response required 2.1.3. 77971 Wildcat Dr. Suite E, Palm Desert, CA, 92260 *Response required 2.1.4. Physical Address If Different from Above 2.1.5. 760-574-1305 *Response required 2.1.6. info@tourdepalmsprings.com *Response required 2.1.7. 33-0836672 *Response required 2.1.8. Non -Profit Tax Status Verification Required for non-profit organizations. Please upload your organization's tax status verification letter from the Internal Revenue Service (IRS). 2.1.9. IRS Form W-9 * Please upload your updated IRS Form W-9. *Response required 2.1.10. Palm Desert Business License Number Required for any work or service performed within Palm Desert city limits. 2.1.11. Certification* By clicking the confirmation box below, the submittercertifies that they are an authorized official of the applying organization. The applicant does hereby confirm that the information herein is true and correct; that the applicant organization meets the guidelines set forth in the Community Events Sponsorship policy published on the City's website; and that the applicant's organization will make these events available to all eligible participants, without regard to race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status. 0 Please confirm *Response required 1.9 1000 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 2.2. Event Details 2.2.1. Event Title - Tour de Palm Springs in Coachella Valley 2.2.2. Event Date - 2/7/25 - 2/8/25 2.2.3. Amount of Funding Request - $30,000 I 2.2.4. Brief Description of Event - Charity bicycle ride and walk earning funds for non-profit groups in the Coachella Valley 2.2.5. Will the event(s) take place within Palm Desert city limits? ❑X Yes ❑ No *Response required When equals "No" 2.2.6. If no, where will it take place and why?* 2.2.7. Number of years the event has been held* - 27 years I 2.2.8. Expected Attendance* - 5,000-10,000 2.2.9. Estimated Residents & Non -Residents* - 20% Resident, 80% Non -Resident 2.2.10. Will there be a charge to those attending?* ® Yes ❑ No *Response required When equals "Yes" II 1001 undefined 42023-OA-230 Title: 2024-25 Community Event Sponsorship Request 2.2.11. How much are attendees charged?* - Attendees are being based on category entered. Cyclists will be charged up to $120 based on distance and walkers up to $25 based on distance. 2.2.12. How will the event(s) be publicized?* - media, social media, nationally, digitally, hard copies with magazines and cycling shops 2.2.13. Event Budget* Please upload a full budget, including revenue and expenses for each event you are requesting funding for. Please be as specific as possible, with detailed line items. *Response required 2.2.14. Intended use of City funds - To pay for the traffic control plans for street closures, permits and application fees, Law enforcement for traffic control to ensure safety 2.2.15. Other Funding Sources* List all funding requested from other community partners for this event, including type of request (grant, sponsorship, donation, fundraiser, etc.), the amount your agency requested, and the actual amount received, and a description of the funding requested. - City of Palm Springs 23/24, requested $65,000 received $65,000 - City of Palm Springs 24/25, requested $100,000 - PS Resorts 23/24, requested $40,000 received $40,000 - PS Resorts 24/25. Not Requested yet but will be asking for $40,000 2.2.16. If applicable, attach a sponsorship benefit packet (e.g., name/logo listing, banner, ad, etc.) 2.2.17. List sponsorship benefits associated with the funding request* - Name/Logo listing on our website, on media with promotion of the second overflow start 1002 Budget 2023 Event Tour de Palm Springs In Coachella Valley Event Costs Advertising & Marketing 9,000 Apparel (Jerseys & T-Shirts) 27,000 Banners & Signs 2,000 Donations to Charities 300,000 Fees/Yearly Use of name 2,000 Insurance- Liability - USA Cycling 18,000 Meetings 2,000 Permits/Police Services 80,000 Registration Costs (fees/gifts 7,000 Rentals 25,000 Route Costs arrows/Ride with GPS 2,000 SAG Costs atoraide/ as card 2,000 Security 2,500 Supplies 7,000 Temporary Labor 1,000 Administrative Expenses Accounting Fees 2,400 Credit Card Services/Fees/quick Book Fees 1,500 Dues & Subscriptions 2,500 Insurance 18,000 Internet/Phone 2,400 Office Supplies & Postage 2,500 Payroll Expenses (Wages/Taxes/Service/WC Ins) 30,000 Professional Fees 10,000 Rent 12,000 Taxes (Fed & State) 2,000 Total 560,800 1003 Budget 2024 Event Tour de Palm Springs In Coachella Valley Committee cost 22924 Administration Yearly Donations to charities 300000 Accounting fees Event agreement 120 Insurance- Liability - USA Cycling insurance 23,552.68 Labor- Ex Dir 65,000 Labor- Misc (Deb) 2,900.00 Meeting- Kick off 750 Meeting- Post event wrap up 750 Meetings- Monthly Party- Appreciation Rent 12,000.00 Taxes Credit Card Services/Fees/quick Book Fees Dues & Subscriptions Insurance - USLI 653.2 Internet/Phone Office Supplies & Postage Payroll Expenses (Wages/Taxes/Service/WC Ins) Professional Fees (CPA) Network - CV Network 2,800.00 Network - Norton AntiVirus 417.49 Sub Total 408943.37 Advertising / Marketing KESQ 10,990 KPSP 1695 Cycling West/Cycling Utah 1100 Banners & Signs Apparel Primal 35,557.00 Primal sold T- shirts 19,913.00 T-shirts sold 12,589.50 Beer Garden/Pasta Dinner Rentals 1004 Beer Logistics Rentals RACES Raffle Rentals Registration Gifts Rentals Helmet stickers Wristbands 1345.8 Route Management Walk & ride Permits/Police Services Rentals Arrows Ride with GPS Permit - Riverside County 1521.93 Permit - City of Indio 922.31 Permit - City of Palm Springs 113000 Permit - City of Palm Springs Sponsorship -65,000 Permit - City of Palm Springs PS Resorts Sponsorship -40,000 1005 SAG Rentals Gas card Food misc 0 Port -A -potties Vendor Expo Bike valet Rental Security 4,220.00 Diamond Porta Potties 15,716.40 Vol. Services / L&F/Info ■ Rentals Sub total (Total of all committees ■ Cody and Tim Board budget (temp) I 1006 CHP (2024) 20,457.52 Tim Funds 20,000.00 Advertising (2025) 50,000.00 Mistakes (2024) 20,000.00 USA cycling (2024) 20,000.00 Temp labor (3 months) 15,000.00 Admin (in case of event cancelation) 65,000.00 Appreciation party 2,000.00 City of Palm Springs 8,000.00 Bank Balanace Currently 030624 Total 220457.52 1007 11: CITY OF PALM DESERT 73-510 FRED WARING DRIVE - PALM DESERT, CA 92260 (760) 346-0611 — Fax (760) 340-0574 www.citVofpalmdesert.org SPECIAL EVENTS APPLICATIONIAGREEM ENT It is the City of Palm Desert's desire that all patrons who periodically hold and attend events on City property are able to enjoy the event. This Special Events Application/Agreement has been set in place to achieve that goal. All organizations proposing events are required to complete this application and submit it to the City of Palm Desert (hereinafter referred to as the "City") for approval prior to the activity/event. The City property of which the activity/event is proposed to be held (e.g., a building, room, land, auditorium, gymnasium, arena, stadium, field, area, street, or sidewalks) will hereinafter be referred to as "City Property". The person signing this application and the organization on whose behalf the event is being held (collectively hereinafter referred to as the "Organization") are responsible for compliance with the agreement after approved. This application must be completed in its entirety to include initialing the bottom of each page and signing the signature page at the end of this document. Applications will not be considered "approved" until all insurance and indemnification requirements (Section "C" herein) have been approved in writing by the City's Risk Manager. Organizations proposing events without road closures and/or other special considerations must submit an application at least 60 days prior to proposed event date. Organizations proposing events that require possible road closures and/or other special considerations must submit and application at least 120 days prior to proposed event date. NOTE: If events require extensive planning, safety and security controls, traffic controls, etc., and time does not permit for required agency reviews and approvals, the proposed event may be denied. 1. ORGANIZATION INFORMATION Name of Organization: CVSPIN Inc. Authorized Agent/Contact Name: Cody Shelton Address: 77971 Wildcat Dr. Unit E Palm City:Desert State: CA Zip Code: 92211 Phone #: 760-574-1305 Email: info@tourdepalmsprings.com Type of Organization: nonprofit Page 1 INITIAL HERE 1009 CITY OF PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT 2. EVENT INFORMATION Name of Event: Tour de Palm Springs in Coachella Valley Detailed Description of Event: Cycling ride throughout Coachella Valley cities Proposed Location of Event: Civic Center Park and Streets in Palm Desert Is this is a walk/run/ride type of an event? YES 0 NO ❑ NOTE: If proposing to utilize City streets, sidewalks, etc., please provide detailed route map. Date(s) of Event: February 7 & 8, 2024 Estimated Attendance: 6,000 If multiple events, estimated attendance for each event: Event Times (include time set-up begins, clean-up ends, and actual event start and finish times) Set-up:5:00am Clean-up: 6:0013m Event Start: 6:30am Event End: 5:00pm If multiple events, are these times the same for each event? YES ❑ NO 0 If no, indicate the start and stop times for each event: Are there any special provisions required for this event? YES ❑ NO 0 If yes, what types of provisions? Is the event open to the public? YES 0 NO ❑ Will minors be present? YES x❑ NO ❑ Are admission fees charged? YES 0 NO ❑ Will there be music? YES x❑ NO ❑ If yes, what type of music? Jazz Will food be served? YES x❑ NO ❑ Will food be sold? YES ❑ NO x❑ Will City streets andlor sidewalks be used? YES 0 NO ❑ Are street closures proposed? YES >K] NO ❑ Are PolicelTraffic Control proposed? YES x❑ NO ❑ Are Fire/Medical Controls proposed? YES ❑ NO 0 Will alcohol be served? YES ❑ NO 0 Will alcohol be sold? YES ❑ NO 0 NOTE: If answered "yes" to any alcohol question, a separate Alcohol Permit will be required. Alcohol Permit applications must be submitted directly to the City at least 60 days before the event. Upon review of the submitted agreement, the City will either approve as submitted or establish additional requirements andlor safety measures. Page 2 INITIAL HERE CS 1010 CITY OF PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT 3. CONDITIONS OF USE A. RESERVATIONS The activity/event proposed under this Agreement is not considered approved until 1) the Organization delivers to the City, or its authorized agent, the completed Special Events Application/Agreement, rental fee (if any), deposit (if any), certificate of insurance approved by the City's Risk Manager (if required), written evidence of any permits and licenses required, and any other items deemed necessary by the City; and 2) the City, in its sole discretion, approves the activity/event through written execution of this Agreement. 2. The person who signs this Agreement on behalf the Organization must be legally authorized to bind the Organization in a contractual agreement. Proof of this authorization must be submitted with this Agreement. A person who is at least eighteen (18) years of age must sign this Agreement. If alcohol is going to be served, a person who is at least twenty-one (21) years of age must sign this Agreement_ 3. The Organization shall provide to the Palm Desert City Manager or his/her designee an official single contact that will serve as the representative to the City for the event's activities. 4. The Organization shall be responsible for securing all required permits and licenses. 5. The event shall adhere to approved activities stated in this Agreement (and any addendums) and no other use will be permitted. 6. The Organization shall not use the City's name to suggest endorsement or sponsorship of the event or activity without prior written approval by the Palm Desert City Manager or his/her designee. The Organization's publicity of the event shall clearly and accurately identify the name of the sponsoring organization or individual. 7. The "Organization" shall permit any and all City officers, employees, or agents to visit the event or activities described in this Agreement. 8. The use, service, or sale of any alcohol in any form is strictly prohibited on all City Property except as allowed by an Alcohol Permit issued by the City. If the Organization wishes to use, serve, or sell alcohol at the event proposed in this Agreement, the "Organization" must apply for an Alcohol Permit at least 60 days in advance of the event. All Alcohol Permit applications must be reviewed and expressly approved by the Palm Desert City Council_ All Alcohol Permits apply to only the exact times(s), date(s), and location(s) for which they are issued. B. FEES 1. The City may require a rental fee and/or a deposit from the Organization, which may be collected by the City or its agent. Page 3 INITIAL HERE CS 1011 CITY OF PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT 2. Any person or agency holding a reservation for the use of "City Property" and desiring to cancel such reservation may be subject to the withholding of a portion of or the entire fee and/or deposit. 3. The City may charge an additional amount for any activity/event continuing past the ending time stated in this Agreement. 4. In the event that City Property is damaged, the Organization shall be charged for any and all janitorial, maintenance, and/or repair fees, and costs including time and materials, incurred by the City as a result of same and these fees and costs shall be billed to the Organization. 5. The City may, at its sole discretion, require a damage deposit from the Organization at the time of reservation, which would be returned in full after the event is completed and no damage to City Property has occurred. 6. The City may, at its sole discretion, require fees for road closures, traffic control, safety control measures, security, and/or any other fees that may be deemed necessary. C. INDEMNIFICATION AND INSURANCE The Organization shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees, from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons, or damage to property arising at any time during and/or arising out of or in any way connected with the Organization's activities under the terms of this Agreement, and/or use or occupancy of any City Property, unless solely caused by the gross negligence or willful misconduct of the City, its officers, officials, agents, or employees. General Liability Insurance — The Organization shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If alcohol is sold during the permitted activity/event, coverage must include full liquor liability. The "City, its officers, officials, agents, employees and volunteers shall be included as insureds on the policy. 2. Automobile Liability Insurance — Should the event or activity involve autos, the Organization shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Organization arising out of or in connection with the permitted activity/event under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Page 4 INITIAL HERE CS 1012 CITY OF PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT 3. Workers Compensation Insurance — Corporate -sponsored events or fairs, for which the sponsor's employees are used to set up or operate, must show evidence of workers' compensation insurance. In such cases, the Organization shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). The Organization shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers. 4, Liquor Liability (if, applicable) - If alcoholic beverages are to be sold, served or furnished, Liquor Liability coverage is required with limits of liability of not less than: (i) $1,000,000 per occurrence; (ii) $2,000,000 aggregate for bodily injury and property damage. The responsibility of r Liquor Liability Insurance may be assigned to Organization's concessionaire/vendor. If Organization intends to sell alcohol, either the Organization or concessionaire/vendor providing the alcohol for sale must have a valid liquor sales license and Liquor Liability Insurance covering sale of alcohol, 5. Umbrella or Excess Liability Insurance — The Organization may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, the Organization shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: a. A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; b. Pay on behalf of wording as opposed to reimbursement; c. Concurrency of effective dates with primary policies; d. Policies shall "follow form" to the underlying primary policies; and e. Insureds under primary policies shall also be insureds under the umbrella or excess policies OTHER PROVISIONS OR REQUIREMENTS 6. Proof of Insurance — The Organization shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation (if required). Insurance certificates and endorsements must be approved by the City's Risk Manager prior to commencement of activity/event. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If proof of insurance is not approved by the City's Risk Manager and on file prior to the activity/event, the City may, at its discretion, deny use of City Property by the "Organization"_ 7. Duration of Coverage — The Organization shall procure and maintain for the duration of the agreement and event/activity, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the Page 5 INITIAL HERE CS 1013 CITY OF PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT Organization's permitted activity/event, his/her agents, representatives, employees or sub -consultants. 8. Primary and Non -Contributing Insurance — All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 9. "City's" Rights of Enforcement — In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by the Organization. In the alternative, the City may cancel this Agreement and deny use of City Property by the Organization. 10. Acceptable Insurers — All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A - (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 11. Waiver of Subrogation — All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, officials, agents, employees, and volunteers or shall specifically allow the Organization or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. The Organization hereby waives its own right of recovery against the City, its officers, officials, agents, employees, and volunteers for indemnification, contribution, or declaratory relief arising out of or in any way connected with the Organization's permitted activitylevent and/or use or occupancy of any City Property, even if the City, its officers, officials, agents, employees, or volunteers seek recovery against the Organization. The Organization further waives any right of recovery against the City, its officers, officials, agents, employees, and volunteers for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond its control. The Organization shall not charge results of "acts of God" to the City, its officers, officials, agents, employees, and volunteers. 12. Enforcement of Contract Provisions (non -estoppel — The Organization acknowledges and agrees that any actual or alleged failure on the part of the City to inform the Organization of noncompliance with any requirement imposes no additional obligations on the "City" nor does it waive any rights hereunder. 13_ Requirements Not Limiting — Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance_ Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given Issue and is not intended by any party or insured to be all Page 6 INITIAL HERE CS 1014 CITY OF PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Organization maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained ty the Organization. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 14. Notice of Cancellation — The Organization agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 15. Additional Insured Status — General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide, or be endorsed to provide, that the City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excesslumbrella liability policies. 16. Prohibition of Undisclosed Coverage Limitations - None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 17. Separation of Insureds — A severability of interests provision must apply for all additional insureds ensuring the Organization's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 18_ Pass Through Clause — Organization agrees to ensure that its sub -consultants, sub- contractors, and any other party involved with the project who is brought onto or involved in the project by Organization, provide the same minimum insurance coverage and endorsements required of Organization. Organization agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Organization agrees that upon request, all agreements with consultants, sub- contractors, and others engaged in the project will be submitted to City for review. 19. City's Right to Revise Specifications — The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Organization ninety (90) days advance written notice of such change. If the City reduces the insurance requirements, the changes shall go into effect immediately and require no advanced written notice. 20_ Self -Insured Retentions — Any self -insured retentions must be declared to and approved by the City. The City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible_ Self-insurance will not be considered to comply with these specifications unless approved by the City. Page 7 INITIAL HERE CS 1015 CITY OF PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT 21. Timely Notice of Claims — The Organization shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from the Organization's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 22. Additional Insurance — The Organization shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the activity/event. 23_ Safety — Organization shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Organization shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriated to the nature of the work and the conditions under which the work is to be performed. E. SET UP/CLEAN UPIDECORATIONS 1. The Organization, caterers, bands, transportation of rental equipment, and related individuals and activities will not be permitted access to the City Property specified in this Agreement prior to or after the event time period. The Organization shall be responsible for arranging access during the time requested for entry and exit to the City Property specified in this Agreement. 2. The Organization shall not prepare and/or setup on the City Property specified in this Agreement prior to the event start time, unless the Organization provides setup fees, deposits, and insurance for the time of the preparation and/or setup and receives written approval from the City prior to preparation and/or setup. 3. The Organization shall not drive or permit to be driven nails, hooks, tacks, screws, poles, stakes or other forms of fasteners into any part of the City Property specified in this Agreement and shall not make or allow to be made any alterations of any kind therein. 4. The Organization shall be responsible for all clean up of the City Property specified in this Agreement, including adjacent grounds, at the end of the event. The Organization shall pick up, bag, and remove all trash generated by all activity in any way connected with the event, leaving the City Property clean and free of all trash and litter. The Organization shall also leave all fixtures, if any, in good working condition. 5. The Organization shall not store any equipment or materials on the City Property specified in this Agreement, or adjoining property, without prior written approval of the Palm Desert City Manager or his/her designee. 6. The Organization shall be responsible for any and all damage to the City Property specified in this Agreement during use. In the event damage occurs or excessive cleaning is necessary, the Organization shall be charged for any and all janitorial, Page 8 INITIAL HERE CS 1016 CITY OF PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT maintenance, and/or repair fees incurred by the City as a result of damage or excessive cleaning, and if a damage deposit has been taken by the City, these fees will be deducted from the deposit. 7. The Organization shall not possess, bring, decorate with, or use a foil balloon that is filled with a gas lighter than air, such as mylar balloons, to any public park or recreation area of the city. F. EQUIPMENTIACCESSORIES The Organization shall not use City equipment, tools, or furnishings located in or about the City Property specified in this Agreement without the prior written approval of the Palm Desert City Manager or his/her designee. 2. The Organization shall not drive motorized vehicles on field or green space 3. The City does not provide audio/visual systems, public address systems, spotlights, floodlights, or projectors. The Organization, at its own cost, may bring these systems onto the "City Property" specified in this Agreement for their use. 4. The Organization shall secure approval from the City before using audio/visual systems, public address systems, and live or recorded amplified music. The Organization shall not record, televise, or broadcast the event or any portion thereof without prior written approval of the Palm Desert Manager or his/her designee. 5. Depending on the activity/event, the City may, at its sole discretion, require the Organization to provide certain equipment, supplies, or services. These requirements will be listed in an addendum attached to this Agreement. G. MISCELLANEOUS The Organization shall comply with all local, state, and federal laws and regulations related to the use of the City Property specified in this Agreement. This includes Americans With Disabilities Act (ADA) compliance, if the Organization is providing facilities for the public, or modifying existing City facilities (such as, but not limited to parking, sidewalks or spectator seating, etc.). 2. The Organization shall not admit a larger number of individuals than can lawfully, safely, and freely move about the City Property specified in this Agreement wherein the activity/event is being held. The City or its police or fire department shall, at its discretion, make the determination regarding safety of the individuals attending the event. 3. Gambling of any kind is not permitted on City Property. 4. No animals are permitted on City Property, with the exception of licensed service animals. (This does not apply to City parks and other City locations where pets are permitted on leash). Page 9 INITIAL HERE US 1017 CITY of PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT 5. If the Organization violates any part of this Agreement or reports false information to the City, the City may refuse the Organization further use of City Property and the Organization shall forfeit a portion of or all of the paid fees and/or the deposit. 6, The City may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community. 7. Any person aggrieved by the City's decision with respect to this Agreement may appeal to the Palm Desert City Manager or his/her designee in writing no later than five (5) days after the City's decision has been communicated to the aggrieved party. 8. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. IMPORTANT — READ BEFORE SIGNING I am an authorized agent of the organization submitting this application/agreement- The information provided herein is true and correct. I have read and understand this application/agreement and agree to all of the aforementioned rules, regulations, and conditions of use. Once signed by all individuals/organizations/agencies this becomes the official agreement between all parties. Name: Cody Shelton Signature A2 7/29124 760-574-1305 Date: Phone #: NOTE: 1) Proof that the person signing this Agreement on behalf of the Organization is authorized to do so must be attached; and 2) each page of this Agreement must be initialed. SPECIAL EVENT APPLICATION APPROVAL Insurance approved by the City's Risk Manager ❑ Yes ❑ No The City of Palm Desert hereby approves this Agreement. Any changes to the event details included herein that occur after the date of signature below must be approved by the "City" in writing. Name: Date: Signature Phone #: Page 14 INITIAL HERE CS 1018 CITY OF PALM DESERT SPECIAL EVENTS APPLICATION/AGREEMENT PROPOSED EVENT: CITY OF PALM DESERT USE ONLY Fee: Deposit: Approved Denied Date BY REVIEWED AND APPROVED: PLANNINGICODE YES 0 Conditions PUBLIC WORKS/PARKS Conditions RISK MANAGER Conditions FIRE DEPARTMENT Conditions POLICE DEPARTMENT Conditions SPECIAL PROGRAMS Conditions Total paid: Deposit returned: YES 0 NO 0 Date Deposit Returned: NO 0 YES 0 NO 0 YES 0 NO 0 YES 0 NO 0 YES 0 NO 0 YES 0 NO 0 1019 1020 2024 Tour de Palm Springs in Coachella Valley Economic Impact Survey Background 5,173* surveys were sent out to all pre -registered event participants 911 surveys were returned (18%) 83% of the responders were visiting the CV 70% visiting the CV stayed overnight one or more nights *102/1,802;85/260;64/53;50/1,121;34/768;25/221;7/251;w/596 (miles/riders, w=walkers) Assumptions The 18% of the registered participants who returned their surveys are proportionately representative of the remaining 82%. Those responding to the survey who stayed overnight were predominately 34-102 mile riders. Half of those reporting stays of 4+ days were TOT -exempt (30+ days). Data 1. Number of nights stayed 1-19% 2-43% 3-15% 4+ 23% 2. Where stayed 61% Palm Springs 18% Palm Desert 5% Cathedral City 4% Indio 1021 3% Desert Hot Springs, La Quinta & "Other" (each) 2% Rancho Mirage 3. In what 43% Hotel 17% Private Home (non -TOT) 14% Air B&B 10% Motel 8% Vacation Rental 4% RV Park 4% Other 4. Total number in group 1— 111 (15%) registered participant 2 — 349 (49%) registered participant plus one 3 — 56 (8%) registered participant plus two 4+ 201 (28%) registered participant plus three or more Computations 1. Transient Occupancy Tax: 5,488 room nights in TOT -generating lodging averaging a daily room rate of $350 taxed @ 11% = $211,288 x 18% (PD) _ $38,032. 2. Sales Tax: GPSCVB reported that the economic impact of visitors to the CV averages $509 per person per day. Subtracting $350 for the lodging component leaves $159 for dining, shopping, and attractions taxed at the PD rate of 7.75% = $12.32 per visitor per day. The estimated numbers of event participants and their parties staying over for 1, 2, 3, and 4+ nights was 420, 1372, 224, and 784. This equates to 420, 2,744, 672, and 3,136 days per visitor generating estimated sales tax totals = $102,488 x 18% (PD) = $7,645. 3. Total estimated PD TOT & sales tax generated by the 2024 Tour = $45,677. 1022 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Gary Shaffer, Director of Library Services SUBJECT: ESTABLISH THE PALM DESERT CITY FOUNDATION, A 501(C)(3) NONPROFIT PUBLIC BENEFIT CORPORATION, DETERMINE BOARD STRUCTURE, AND APPROVE DRAFT DOCUMENTS RECOMMENDATION: 1. Authorize the City Manager to form a 501(c)(3) organization, named "Palm Desert City Foundation", to support fundraising, initially for the library, with the ability to expand for other civic needs as they arise. 2. Provide direction on the Board's membership and composition. 3. Authorize the City Manager to execute all necessary documents and make any non - substantive changes necessary to effectuate this action. BACKGROUND: The City has assumed local library services from the County of Riverside and its library operator LSS. Operations began on July 1, 2024. Many libraries have affiliated 501(c)(3) organizations that help with the funding of library programs and capital campaigns. Section 501(c)(3) is the portion of the US Internal Revenue Code that allows for federal tax exemption of nonprofit organizations that meet the code's requirements. The proposed Palm Desert City Foundation (Foundation) will be specific to Palm Desert, focusing initially on major fundraising for the new library. The Foundation's scope can later expand to include other City operations with fundraising or capital needs (e.g., public art, aquatic centers, fire stations, parks, and police stations) as they arise. Forming a 501(c)(3) organization will enable the City to seek donations and apply for foundation grants due to its tax-exempt status. While donations to the City are tax-deductible, if made exclusively for public purposes, the City is not classified as a 501(c)(3) tax-exempt organization, a requirement for many foundation grants. Forming a 501(c)(3) would require specific legal and financial steps for incorporation, along with on -going reporting requirements. By approving this action, the City Manager will be authorized to proceed and implement this initiative promptly. ANALYSIS: City staff seeks City Council direction on the proposed Foundation Board's membership and composition. To provide context, below is the board structures of two neighboring library foundations: Rancho Mirage Library & Observatory Foundations: • 9 members consisting of 8 members of the public and the current Mayor. Palm Springs Public Library Foundation: • 19 public members consisting of 4 executive members and 15 members at large. Page 1 of 2 1023 City of Palm Desert Establish the Palm Desert Citv Foundation Proposed Board Structure: Although it is permissible for City Council members to serve on the Foundation Board, after consultation with the City Attorney's Office, City staff does not recommend this approach because it does not provide enough separation between the two entities. Instead, City staff recommends the following Board structure: • Five public members and two alternates, appointed by the City Council. • Two members of the City Council serve as liaisons to the Board. In both options, the Foundation would be subject to the Brown Act since it is an entity created by the City. Draft bylaws and articles of incorporation are attached and will be modified based on the City Council's direction. Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: The costs associated with the formation are estimated not to exceed $10,000. These funds have been included in the approved FY 2024-25 Annual Budget in Library Services Account No. 2524662-4309000. There is no impact to the General Fund with this action. ATTACHMENTS: 1. Palm Desert City Foundation Draft Bylaws 2. Palm Desert City Foundation Draft Articles of Incorporation Page 2of2 1024 BYLAWS OF PALM DESERT CITY FOUNDATION (A California Nonprofit Public Benefit Foundation) ARTICLE I — Organization Section 1. Name. The name of this Foundation is Palm Desert City Foundation ("Foundation"). Section 2. Objectives. The Foundation has been formed to raise funds for and otherwise conduct or support programs and activities that benefit the shared public assets and amenities owned by the City of Palm Desert ("City"). These are, but not limited to, the City's libraries, public art, aquatic centers, fire stations, parks, and police stations. Section 3. Principal Office. The principal office of the Foundation shall be fixed and located at the Palm Desert City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California, 92260. The Board of Directors ("Board") is hereby granted full power and authority to establish additional offices in other City -owned facilities. The Foundation shall be charged reasonable rent for said facilities. Section 4. Members The Foundation shall be maintained in accordance with Title 1, Division 2 of the California Foundations Code, otherwise known as the California Nonprofit Foundations Law (the "Law"). The Foundation has elected not to have members as defined in section 5056 of the Law. Section 5. Ralph M. Brown, Public Records and Political Reform Acts The Foundation is committed to ensuring that the deliberations of the Board are conducted openly, the actions of the Board are taken openly and all records of the Foundation are made available for public inspection in accordance with the Ralph M. Brown Act ("Brown Act"), California Government Code sections 54950 through 54963, as amended from time to time, the California Public Records Act ("'Public Records Act"), California Government Code sections 6250 through 6276.48, as amended from time to time, and the Political Reform Act of 1974 (the "Political Reform Act"), California Government Code sections 81600 through 9105, as amended from time to time. Accordingly, in the event of a conflict between a provision of these Bylaws and a section of the Brown Act, the Public Records Act or the Political Reform Act, the Brown Act or, as applicable, the Public Records Act or the Political Reform Act, shall control. 1025 ARTICLE II - Board of Directors Section 1. Powers. Subject to the limitations of the Articles of Incorporation and other provisions of these Bylaws, and the laws of the State of California, all corporate powers shall be exercised by, or under the authority of, and the business and affairs of the Foundation, shall be controlled by the Board. Section 2. Number, Selection, and Terms of Office of Directors. The Board shall consist of five (5) directors appointed by the City Council ("Directors"). The term of each Director shall be three (3) years or until a successor has been elected and qualified provided that two (2) of the initial Directors shall have an initial term of four (4) years. The initial distribution of terms may be accomplished voluntarily or by lot. Thereafter, the term of office shall be three (3) years. There shall be no limitation upon the number of consecutive terms to which a Director may be re-elected. Each Director, including a Director elected to fill a vacancy, shall hold office until the expiration of the term for which elected and until a successor has been elected and qualified. All vacancies on the Board including, without limitation, vacancies caused by expiration of a term, resignation or removal, including a demand resignation for failing to attend meetings, shall be appointed by the City Council. Section 3. Vacancies. (a) A vacancy or vacancies on the Board shall be deemed to exist (i) in case of the death, resignation, or removal of any director or (ii) if the authorized number of directors is increased. The Board may declare vacant the office of a Director who has been declared of unsound mind by a final order of court, or convicted of a felony, or found by a final order of judgment of any court to have breached any duty arising under section 5230 of the Law. A Director shall be deemed to have resigned if they accumulate unexcused absences amounting to at least one-half of the Board's regularly scheduled meetings during any fiscal year. (b) Subject to the limitations of provision of section 5226 of the Law, any director may resign effective upon giving written notice to the Chair or the Secretary, of the Foundation and the Mayor or City Manager, unless the notice specifies a later time for the effectiveness of such resignation. If a director resigns by giving notice specifying that such resignation shall be effective at a future time, a successor may be designated by the City Council before such time to take office when the resignation becomes effective. (c) No reduction in the number of Directors shall have the effect of removing any Director prior to the expiration of their term of office. Section 4. Removal of Directors. Any Director may be removed from office, with or without cause, by the City Council, in accordance with sections 5222 and 5223, as applicable. BYLAWS - PAGE 2 1026 ARTICLE III - Meetings of the Board Section 1. Place of and Public Access to Meetings. All meetings of the Board shall be held at the principal business office of the Foundation or at such other place within Palm Desert as may be designated from time to time by resolution of the Board, or in the notice of said meeting. All meetings of the Board shall be open and public and any member of the public shall be permitted to attend any meeting of the Board, except as otherwise provided in the Brown Act. Section 2. Annual Meeting. The annual meeting of the Board shall be the regular meeting of the Board held in May or June of each year. The officers of the Board shall be elected at this meeting for terms commencing July 1. Section 3. Regular Meetings. The Board shall hold regular meetings on the date(s) established by Board by resolution. Notice of regular meetings shall be given in accordance with the Brown Act. The Board shall hold at least six (6) regular meetings during each fiscal year. Section 4. Special Meetings. Special meetings of the Board may be called at any time in accordance to the Brown Act. Section 5. Agendas. All agendas shall be prepared and posted as required by the Brown Act. Section 6. Action at a Meeting; Quorum; Required Vote. Presence of a majority of the Directors at a meeting of the Board constitutes a quorum for the transaction of business. Directors may participate in a meeting through use of a conference telephone, video conference or similar communications equipment pursuant to section 54953 of the Brown Act. Participation in a meeting as permitted in the preceding sentence constitutes presence in person at such meeting. Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board unless a greater number, is required by law, or by these Bylaws. All votes taken during a meeting involving the expenditures of funds or an amendment to the Bylaws or Articles of Incorporation shall be by roll call and shall be reported in the minutes of the meeting. All other votes may be by voice vote unless otherwise required by these Bylaws or the Chair. Section 7. Adjourned Meetings. A quorum of the Directors may adjourn any Board meeting to meet again at a stated day and hour; provided, however, that in the absence of a quorum, a majority of the directors present at any Board meeting, either regular or special, may adjourn from time to time until the time fixed for the next regular meeting of the Board. Notice of an adjourned meeting shall be provided pursuant to the Brown Act. BYLAWS - PAGE 3 1027 Section 8. Rights of Inspection. The City Manager of the City, every Director, and every City Councilmember shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind, and to inspect the physical properties of the Foundation. Section 9. Fees and Compensation. The Directors shall receive no compensation for their service on the Board. However, Directors may be reimbursed for, or advanced funds for, any expenses actually incurred or reasonably expected to be incurred in connection with the performance of their duties as Directors. ARTICLE IV - Officers Section 1. Officers. The officers of the Board shall be a Chair, a Vice Chair, a Secretary and a Treasurer. Two or more offices may be held by the same person except that neither the Secretary nor the Treasurer may serve concurrently as the Chair. The Chair and Vice Chair must also be Directors. The removal or resignation of a Director who is an officer of the Foundation shall be deemed a resignation by such person from all offices held. Section 2. Nomination and Election. The officers of the Foundation, shall be elected annually by the Board, at its annual meeting, and each officer so elected shall hold office until re-elected unless such officer shall resign, removed with or without cause, or otherwise becomes disqualified to serve, or until a successor shall be elected and qualified. At any regular or special meeting of the Board, the Board may fill a vacancy caused by the death, resignation, removal or disqualification of any officer. Section 3. Removal and Resignation. Any officer may be removed, either with or without cause, by the Board on a 2/3 vote or by the City Council on a majority vote, at any regular or special meeting of the respective bodies. Any officer may resign at any time by giving written notice to the Chair or Secretary of the Board and the Mayor or City Manager. Any such resignation shall take effect at the date of the receipt of such notice or at any later date specified therein; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 4. Chair of the Board. The Chair of the Board shall preside at all meetings of the Board and exercise and perform such other powers and duties as may be from time to time assigned to the Chair by the Board or prescribed by these Bylaws. The duties of the Chair shall include the following: (a) Scheduling meetings when necessary and conducting them in accordance with Robert's Rules of Order (or other such procedures duly adopted by the Board) and the requirements of the Brown Act. (b) Setting meeting agendas in conjunction with the City Manager (or their designee) BYLAWS - PAGE 4 1028 and ensuring adequate discussion of items; (c) Keeping the Vice Chair and members of the Board, City Council, and City Manager informed on issues affecting the Foundation; and (d) On behalf of the Board and in conjunction with the City Manager, responding to issues from the Palm Desert community, private and public sectors, the City Council, and the media, or designating another member of the Board to represent the Foundation. Section 5. Vice Chair. In the absence of the Chair, the Vice Chair will exercise the duties of the Chair and shall perform such other duties as may be from time to time required by the Chair or by the Board. Section 6. Secretary. The Secretary shall record or cause to be recorded, and shall keep or cause to be kept, at the principal business office or such other place as the Board may order, a Minute Book of actions taken at all meetings of the Board, which must include, but is not limited to: a) The time and place where each meeting was held; b) Whether regular or special, and if special, how authorized, the notice thereof given, and the names of those present at Board meetings. The Secretary shall give, or cause to be given, notice of all the meetings of the Board required by the Bylaws or by law to be given, and shall have such other powers to perform such other duties as may be prescribed by the Board or by the Bylaws. Section 7. Treasurer. The Treasurer shall act as the Foundation's chief financial officer, and shall keep and maintain, or cause to be maintained, adequate and correct accounts of the properties and business transactions of the Foundation, including accounts of its liabilities, receipts, disbursements, gains and losses. The Treasurer shall submit a statement of accounts at each regular meeting of the Board and shall make such reports as the Board may require, and shall make, an annual report prior to the annual meeting of the Board. The Treasurer shall cause to be deposited or shall cause to be disbursed in accordance with procedures approved by the Board all monies and other valuables in the name and to the credit of the Foundation with such depositories as may be designated by the Board. The Treasurer shall disburse funds of the Foundation as may be ordered by the Board, shall render to the Chair of the Board, the City Manager, the City Council, and the Board, whenever they request, an account of all transactions as Treasurer and of the financial condition of the Foundation, and shall have such other powers and perform such other duties as may be prescribed by the Board or these Bylaws. BYLAWS - PAGE 5 1029 ARTICLE V - Committees Section 1. Committees. a) The Board may, by resolution adopted by a majority of the Directors then in office, provided that a quorum is present, establish one or more committees consisting of at least a majority of directors of the Board plus any other person or persons. Members of all committees shall be appointed by the Board. Members of all committees shall serve at the pleasure of the Board. b) The Board shall have the power to prescribe the manner in which proceedings of any committee shall be conducted. In the absence of any such prescription, such committee shall have the power to prescribe the manner in which its proceedings shall be conducted. Unless these Bylaws, the Board or such committee shall otherwise provide, the regular and special meetings and other actions of any committee shall be governed by the provisions of this Article applicable to meetings and actions of the Board which shall be subject to the Brown Act. Each committee shall keep regular minutes of its proceedings and shall report the same to the Board from time to time, as the Board may require. Section 2. Alternates. The Board may designate one or more Directors as alternate members of any such committee, who may replace any absent member at any meeting of the committee. Section 3. Standing Committees. The Board may create standing committees consisting of two or more directors of the Board that have continuing subject matter jurisdiction over a particular issue. Each such standing committee shall establish its rules for the conduct of its affairs, shall establish its duties and purposes, and shall perform such other duties as the Board may prescribe from time to time. Section 4. Special Advisory Committees. From time to time, the Chair of the Board may appoint one or more special advisory committees consisting of less than a majority of the Board for purposes of considering specific matters of concerns of the Board for a temporary period of time. Section 5. Term of Office. Each member of a committee shall serve until their successor is appointed, or until such committee is sooner terminated, or until they are removed, resigns, or otherwise ceases to qualify as a member of the committee. Section 6. Quorum; Meetings. Each committee, standing committee and special advisory committee shall meet as often as necessary to perform its duties, at such times and places as directed by the committee chair, the Chair of the Board or the Board and, if applicable, in compliance with the Brown Act. A majority of the members of any of the above committees (except special advisory committees) shall constitute a quorum of such committee and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. Each of the above BYLAWS - PAGE 6 1030 committee (excepting special advisory committees) shall keep accurate minutes of its meetings, the chair designating a secretary of the committee for this purpose, and shall make periodic reports and recommendations to the Board. Section 7. Vacancies. Vacancies on any committee may be filled for the unexpired portion of the term in the same manner as provided in the case of original appointments. Section 8. Conflict of Interest. The Board shall adopt a Conflict of Interest Policy as required by Article VII, Section 5 of these Bylaws which shall be enforced by a committee designated for that purpose. Each Director shall, not less frequently than once a year, submit a statement setting forth all business and other affiliations which relate in any way to the business of the Foundation. Each director shall be responsible for disclosing to the Foundation any matter which would make such director an "interested director" within the meaning of section 5233 of the Law. In addition, each director shall disclose to the Foundation any relationship or other factor which would cause that director to be considered to be an "interested person" within the meaning of section 5227 of the Law. Section 9. Limitation on Delegation. The Board may not delegate to its committees any legal authority that under the Law can only be exercised by the full Board. ARTICLE VI - Indemnification and Insurance Section 1. Right of Indemnity. To the fullest extent permitted by law, this Foundation shall indemnify its directors, officers, employees, and other persons described in section 5238(a) of the Law, including persons formerly occupying any such position, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by them in connection with any "proceeding," as that term is used in that section, including an action by or in the right of the Foundation, by reason of the fact that the person is or was a person described in that section. "Expenses," as used in this Bylaw, shall have the same meaning as in section 5238(a) of the Law. Section 2. Approval of Indemnity. On written request to the Board by any person seeking indemnification under section 5238 (b) or section 5238 (c) of the Law, the Board shall promptly determine under section 5238(e) of the Law whether the applicable standard of conduct set forth in section 5238(b) has been met and, if so, the Board shall authorize indemnification. Section 3. Advancing Expenses. To the fullest extent permitted by law and except as otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under Sections 1 and 2 of these Bylaws in defending any proceeding covered by those sections shall be advanced by the Foundation before final disposition of the proceeding, on receipt by the Foundation of an BYLAWS - PAGE 7 1031 undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined by the Board, that the person is entitled to indemnification by the Foundation for those expenses, and on receipt by the Foundation of such security as the Board may deem appropriate. Section 4. Insurance. The Board may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the Foundation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the Foundation would have the power to indemnify the agent against that liability under the provisions of this Article. ARTICLE VII - General Provisions Section 1. Checks, Drafts, Etc. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to the Foundation, and any and all securities owned or held by the Foundation requiring signature for transfer, shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by the Board. Section 2. Inspection of Corporate Records. The Foundation shall keep at its principal business office, the originals or copies of its Articles of Incorporation and Bylaws, as amended or otherwise altered to date, certified by its Secretary; written minutes of the meetings of its Board, and any committees of the Board; its books and records of account; and all other books, records and documents of the Foundation. Section 3. Endorsement of Documents; Contracts. Any note, mortgage, evidence of indebtedness, contract, conveyance or other instrument in writing, and any assignment or endorsement thereof executed or entered into between the Foundation and any other person, when signed by the Chair, the Secretary, or the Treasurer, shall be valid and binding on the Foundation in the absence of actual knowledge on the part of the other person that the signing officer(s) had no authority to execute the same. Any such instrument may be signed by any other officers, agents or employees and in such manner as shall from time to time be determined by the Board and, unless so authorized by the Board no officer, agent or employee shall have any power or authority to bind the Foundation by any contract or engagement or to pledge its credit or to render it liable for any purpose or amount. Section 4. Annual Report. The Foundation shall furnish annually to the City Council, the City Manager, and each Director within a reasonable period of time not to exceed 210 days after the close of its fiscal year, a written report containing the following information in reasonable detail: a) The assets and liabilities, including the trust funds, of the Foundation as of the end BYLAWS - PAGE 8 1032 of the fiscal year. b) The principal changes in the assets and liabilities, including trust funds, during the fiscal year. c) The revenue or receipts of the Foundation, both unrestricted and restricted to particular purposes, for the fiscal year. d) The expenses or disbursements of the Foundation, for both general and restricted purposes, during the fiscal year. e) Any information required by section 6322 of the Law, as from time to time amended. Section 5. Conflict of Interest. The Foundation. through the Board, shall promulgate, from time to time. a written conflict of interest policy, according to the current law then in effect, including section 87100 of the California Government Code, to be adhered to by its officer and directors, and which includes guidelines for the resolution of actual or potential conflicts of interest. Section 6. Fiscal Year. The fiscal or business year of the Foundation shall be July 1 of the current year through June 30 of the subsequent year. Section 7. Construction and Definitions. Unless the context otherwise requires, the general provisions, rules of construction and definitions contained in the general provisions of the Law shall govern the construction of these Bylaws. ARTICLE VIII - Amendments and Dissolution Section 1. Amendment. New bylaws may be adopted, or these Bylaws may be amended, modified or repealed by the Board provided, however, that any proposed amendment shall require the prior approval of the City Council before it shall become effective. Section 2. Record of Amendments. Any amendment or alteration in these Bylaws shall be forthwith filed with the original Bylaws of the Foundation. Section 3. Dissolution. The Corporation shall not be voluntarily dissolved, except by approval of the Board subject to approval by the City Council. In the event of dissolution of the Corporation in any manner and for any cause, after the payment or adequate provision for the payment of all of its debts and liabilities, all of the remaining funds, assets and properties of the Corporation shall be paid or distributed as provided for in the Articles of Incorporation. BYLAWS - PAGE 9 1033 CERTIFICATE OF SECRETARY BYLAWS OF PALM DESERT PUBLIC TRUST I, the undersigned, do hereby certify: 1) That I am the duly elected and acting secretary of the Palm Desert Public Trust. a California nonprofit public benefit corporation; and 2) That the foregoing Bylaws, consisting of nine (9) pages, exclusive of cover sheet and table of contents, constitute the Bylaws of said corporation as duly adopted by the Incorporator on , 2024. IN WITNESS WHEREOF, I have executed this Certificate as of this day of , 2024. , Secretary BYLAWS -PAGE 10 1034 ARTICLES OF INCORPORATION OF PALM DESERT CITY FOUNDATION ARTICLE I NAME The name of this corporation is Palm Desert City Foundation ("Corporation") ARTICLE II PURPOSES A. This Corporation is a nonprofit public benefit organization and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law exclusively ford charitable purposes. B. The specific charitable purpose of the Corporation are to: (1) to aid, sponsor, promote, advance and assist in the provision, development and maintenance of facilities, public parks, recreation, and community programs and services in the City of Palm Desert ("City") for the benefit of its residents; (2) to engage in any other activities in furtherance of the purposes for which the Corporation is formed; and (3) to receive, invest and utilize funds, property and in -kind materials or services acquired through the solicitation of contributions, donations, grants, gifts, bequests and the like for the purposes for which the Corporation is formed. ARTICLE III INITIAL AGENT FOR SERVICE OF PROCESS The name and address in the State of California of this Corporation's initial agent for service of process is: Isabel C. Safie Best Best & Krieger LLP 2855 E. Guasti Road, Ste 400 Ontario, California 91761 ARTICLE IV INITIAL STREET AND MAILING ADDRESS The initial street and mailing address of the corporation is: 73510 Fred Waring Drive Palm Desert, CA 92260 1035 ARTICLE V LIMITATION OF CORPORATE ACTIVITIES A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended ("Code"). B. Notwithstanding any other provision of these Articles of Incorporation, the Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that do not further the purposes of the corporation, and the corporation shall not carry on any other activities not permitted to be carried on by (a) a corporation exempt from federal income tax under Section 501(c)(3) of the Code or (b) a corporation, contributions to which are deductible under Section 170(c)(2) of the Code. C. No substantial part of the activities of this Corporation shall consist of lobbying or carrying on propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate or intervene in (including the publication or distribution of statements) any political campaign on behalf of, or in opposition to, any candidate for public office. ARTICLE VI DEDICATION AND DISSOLUTION A. The property of this Corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this Corporation shall ever inure to the benefit of any director, officer or member thereof, or to the benefit of any private persons. B. Upon the dissolution or winding up of the corporation, and after paying or adequately providing for its debts and obligations, the remaining assets of the corporation shall be distributed to the City, and be used exclusively for the purposes for which the Corporation was established. If the City waives receipt of such assets, then remaining assets of the Corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established and maintained its tax-exempt status under Section 501(c)(3) of the Code, provided such assets are used for the purposes for which the Corporation was established. C. If the Corporation holds any assets in trust then such assets shall be disposed of on dissolution in conformity with these Articles of Incorporation or the bylaws for the Corporation subject to complying with the provisions of any trust under which such assets are held. The disposition shall be in such manner as may be directed by decree of the Superior Court of the county in which the Corporation has its principal offices, on petition therefor by the Attorney General or by any person concerned in the liquidation, in a proceeding to which the Attorney General is as party. Such decree of the Superior Court may be waived if the Attorney General makes a written waiver of objections to the disposition. 1036 ARTICLE VII AMENDMENT Any amendment, modification, or repeal of these articles may become effective only upon ratification by the City Council of the City of Palm Desert. Date: June 2024. ISABEL C. SAFIE Incorporator 1037 1038 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Eric Ceja, Director of Economic Development SUBJECT: THIRD AMENDMENT TO THE SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES, LLC RECOMMENDATION: 1. Approve the Third Amendment to the Second Revised and Restated Disposition and Development Agreement between the City of Palm Desert and Desert Wave Ventures, LLC. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement. BACKGROUND/ANALYSIS : Originally approved in 2019, the DSRT Surf project includes the construction of a 5.5-acre surf lagoon, up to 88 villa units, and associated amenities at the Desert Willow Golf Resort. In May 2024, the project broke ground with an anticipated construction schedule of 24 months. As the project timelines have evolved, it has become necessary to revise the conditions set forth in the original Disposition and Development Agreement (DDA). To date, the City has approved the following revisions: • Revised and Restated DDA (2022): Acknowledged changes in the project scope. • First Amendment to the Second Revised and Restated DDA (2023): Removed the requirement to construct a hotel, included an annual payment of $500,000 with 3% annual increases for the life of the project to the City, and removed all City -provided financial assistance. Second Amendment to the Second Revised and Restated DDA (2024): Added provisions for the developer to remedy non-performance in construction activities at the site. Desert Wave Ventures, LLC, has expressed a desire to replace the City's requirement to submit bonds for site remediation in the unlikely event that the development stalls. To remove the bond requirement the developers have agreed to supply the City with a $3,000,000 security instrument, which may include a bond, letter of credit, or cash deposit, for the same purpose. The $3,000,000 security instrument is valued at the same amount as the City's bond requirement and the $3,000,000 remediation costs are based on an engineering assessment for site remediation. Whether it is a bond or another security instrument, the City is protected and will have sufficient funds available to remediate the site. Additionally, due to ongoing construction activities and impacts to the surrounding road network, the City is requesting that the developer provide $100,000 by January 15, 2025, for a future slurry seal and repair project for both Desert Willow Drive and Market Place Drive. The amount Page 1 of 2 1039 City of Palm Desert Third Amendment to the Second Revised and Restated DDA requested is based on an engineering estimate to repair the streets to pre -construction conditions. Legal Review: This report has been reviewed by Robert Messinger with Burke, Williams and Sorensen (BWS), special counsel to the City for the DSRT Surf project. FINANCIAL IMPACT: With approval of this DDA, the City will receive a $3,000,000 security instrument in lieu of a Faithful Performance Bond and $100,000 for repair to Desert Willow Drive and Market Place Drive, from Desert Wave Ventures, LLC. There are no direct impacts to the City's General Fund as a result of this approval. ATTACHMENT: Third Amendment to the Second Revised and Restated Disposition and Development Agreement Page 2of2 1040 THIRD AMENDMENT TO SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT Surf Lagoon, Surf Center, and Residential Units Project This Third Amendment to Second Revised and Restated Disposition and Development Agreement (this "Third Amendment") is entered into as of August 22, 2024, by and between the CITY OF PALM DESERT, a chartered municipal corporation (the "City"), and DESERT WAVE VENTURES, LLC, a Delaware limited liability company (the "Developer"). The City and Developer are the sole parties (each, a "Party" and, collectively, the "Parties") to this Agreement. RECITALS This Agreement is based upon the following recitals, facts and understandings of the Parties: A. The City and Developer entered into that certain Disposition and Development Agreement, dated December 30, 2019 (the "Original DDA"). The City and Developer subsequently entered into that certain Revised and Restated Disposition and Development Agreement, dated April 22, 2022 (the "First Revised DDA"). The Parties subsequently entered into that certain Second Revised and Restated Disposition and Development Agreement, dated November 17, 2022 (the "Second Revised DDA"), which completely superseded both the Original DDA and the First Revised DDA. The Parties subsequently entered into that certain First Amendment to the Second Revised and Restated Disposition and Development Agreement, dated May 25, 2023 (the "First Amendment") and that certain Second Amendment to the Second Revised and Restated Disposition and Development Agreement, dated January 11, 2024 (the "Second Amendment"). The Second Revised DDA, as amended by the First Amendment and the Second Amendment is referred to herein as the "DDA." The Parties now intend to further amend the DDA with this Third Amendment. B. The City has previously conveyed 3.03 acres of real property (APNs 620- 400-008 & 620-420-024) (the "City Property") to Developer by a grant deed ("City Grant Deed") pursuant to that certain Purchase Option Agreement dated August 15, 2018, and the Successor Agency to the Redevelopment Agency of the City of Palm Desert ("SARDA") previously conveyed 14.65 acres of real property (APN 620-420-023) (the "SARDA Property") to Developer by a grant deed ("SARDA Grant Deed") pursuant to that certain Purchase Option Agreement dated August 15, 2018, as amended by the First Amendment to Real Estate Option and Purchase and Sale Agreement dated May 22, 2021. The City Grant Deed and the SARDA Grant Deed are referred to herein, collectively, as the "Deed of Sale." Collectively, the City Property and the SARDA Property make up the project site ("Project Site"). C. Pursuant to the DDA, Developer will construct improvements on the Project Site in two phases as set forth in the "Scope of Development" (Attachment No. 1 to the DDA). In the first phase, Developer will construct an approximately 5.5-acre Surf Lagoon; 1041 an approximately 6,200 square foot Surf Center, inclusive of a food and beverage component, on -site parking, and 57 residential lots with all utilities stubbed to the site; the second phase will include 57 private residential units (the "Residential Units") and associated amenities. (Together all improvements at the Project Site are referred to as the "Project".) D. The Parties now desire to amend the DDA provisions relating to the security for the construction of the Project. All capitalized terms not defined within this Agreement shall have the meanings ascribed to such terms in the DDA. AGREEMENTS For valuable consideration, receipt of which is hereby acknowledged, and the mutual obligations of and benefits to the Parties set forth herein, the City and Developer agree as follows: 1. Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the City and the Developer have entered into this Third Amendment. The City and the Developer each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. Security Amendment. Section 4.10 of the DDA is hereby amended to read as follows: 4.10 Security. (a) Required Security. At the time Developer executes the Third Amendment, Developer shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4.10 below (hereinafter "Security Instrument"): (i) A Security Instrument securing Developer's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $3,000,000 equal to 100% of the estimated Project Site restoration costs. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Form of Security Instrument. The Security Instrument shall be in the amount required under Section 4.10 (a) shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (i) Bond. For a Security Instrument provided in the form of a bond, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company -2- 1042 acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (ii) Letters of Credit. For a Security Instrument which is a letter of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Developer is in default under its performance obligations hereunder or in the event Developer fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit. (iii) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Developer's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (c) General Requirements for all Security Instruments. (i) Payments under any Security Instrument shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Riverside, State of California (and the Security Instrument shall so provide). (ii) The Security Instrument shall have a minimum term of one (1) year after the deadline for Developer's completing the Project (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) The Security Instrument shall provide that changes may be made in the Project pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iv) If the Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Developer to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security may be released by the City. (d) Developer's Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance -3- 1043 under this Agreement and for payment of the cost of the labor and materials for the Project to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.10. (e) Letters of Credit. (i) In the event a letter of credit is given pursuant to Section 4.10(b)(ii), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (i i) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. (f) Release of Security Instrument. The City shall release the Security Instrument as follows: (i) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: A. Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Agreement; B. The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 3. Payment for Street Repair. A new Subsection 5.3(c) to the DDA is added to read as follows: (c) On or before January 15, 2025, Developer shall make a cash payment to City in the amount of One Hundred Thousand and 00/100 Dollars ($100,000.00) for the purpose of paying for repairs to Desert Willow Drive and Market me 1044 Place Drive arising in part from the construction activities associated with the Project. Such repairs will be made by the City upon completion of the Project. 4. Counterparts. This Third Amendment may be executed in counterparts which taken together shall constitute one agreement. 5. Incorporation by Reference of Recitals. The Recitals are hereby incorporated into this Agreement by reference as if set forth herein in full. (SIGNATURES ON FOLLOWING PAGE) -5- 1045 THIRD AMENDMENT TO SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT DSRT Surf Lagoon and Surf Center, and Residential Units Project Signatory Page CITY: CITY OF PALM DESERT, a charter city and municipal corporation Date: August 22, 2024 By: APPROVED AS TO FORM: ISRA SHAH CITY ATTORNEY in L. TODD HILEMAN CITY MANAGER 1046 THIRD AMENDMENT TO SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT DSRT Surf Lagoon, Surf Center, and Residential Units Project Signatory Page Date: APPROVED AS TO FORM: JUSTIN WHITE COUNSEL DEVELOPER: DESERT WAVE VENTURES, LLC, a Delaware limited liability company By: FS VENTURES, LLC, a Delaware corporation, Its Manager By: DON RADY ITS: MANAGING MEMBER -7- 1047 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Eualution Only. 34Z this VM&Cate verifies oulV the ideutity a'the mdmdusl who sided the donuneut. n Created with Aspase.lmaging. otthe truthfiduess, wmlx -,r or randit%r dffiat domuneut. Copyright 2010- 2021 Aspose Pty Ltd. State of California ) ) SS. County of ) On , 20_, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature M CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Nick Melloni, AICP, Principal Planner SUBJECT: ESTABLISHMENT OF ANNUAL LEASE RATE FOR DINING DECKS AND LICENSING REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING DECKS RECOMMENDATION: Continue the Public Hearing to a date uncertain. BACKGROUND/ANALYSIS : A public hearing notice was posted for this item. City staff is requesting the City Council continue this item to a future meeting. A new public hearing notice will be posted prior to the request returning to the City Council for consideration. ATTACHMENTS: 1. Public Hearing Notice Page 1 of 1 1049 1050 ( I T Y 0[ PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760-346-0611 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER ADOPTING AN ANNUAL LEASE RATE FOR DINING DECKS AND LICENSING REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING DECKS The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined the action is not a "Project" as defined by CEQA Guidelines Section 15378(b)(4). PROJECT LOCATION: Citywide PROJECT DESCRIPTION: The item is to be considered is an action to adopt an annual lease rate and license agreement requirements for existing temporary outdoor dining decks to use the public -right-of-way. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing on Thursday, August 22, 2024. The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-citv/mayor-and-city- council-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed lease rate and licensing requires is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City's website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-information- center COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: Written comments may be submitted to the City Council by letter to the address below or email at CounciIMeeting CommentsCa)pal mdesert.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificaci6n, por favor llame a la Ciudad de Palm Desert y comuniquese con Gloria Sanchez (760) 346-0611 ext. 354 PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK August 9, 2024 and CITY OF PALM DESERT, CALIFORNIA August 16, 2024 1051 1052 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Richard D. Cannone, AICP, Director of Development Services SUBJECT: RESOLUTION UPDATING THE FEES FOR DOG LICENSES RECOMMENDATION: Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE FEES FOR DOG LICENSES." BACKGROUND/ANALYSIS : At the March 28, 2024, City Council Study Session, staff provided an overview of the Animal Services Contract with Riverside County Department of Animal Services (RCDAS). One key consideration discussed was increasing the fee for dog licensing. Palm Desert Municipal Code (PDMC) Section 6.08.040 establishes that if a fee is not adopted, it should be the same amount for similar dog licensing in the unincorporated areas of Riverside County. The current fee, established in 1998, has not been updated since then and includes the following: License type 1 Year 2 Year 13 Year Altered Dog $8 $15 $19 Unaltered Dog $50 $100 $150 Altered Dog, Senior Citizen 60+ $6 $7 $8 RCDAS issues dog licenses and collects fees on behalf of the City, and retains a processing fee of $11.92 per license for this fiscal year. Any remainder is credited back to the City on the monthly invoice. City staff recommends increasing dog licensing fees to cover the $11.92 processing fee retained by RCDAS. Please refer to the table below for the proposed fees. License Type Altered Dog 1 Year 2 Year 3 Year0) Palm Desert $15 $20 $22 Unc. Riverside County $25 $50 $75 $240 $360 Unaltered Dog Palm Desert $120 Unc. Riverside County $120 $240 $360 Altered Dog, Senior Citizen 60+ Palm Desert $12 $13 $14 Unc. Riverside County $12 $24 $36 (1) A three-year license is only available for dogs that have attained the age of 12 months or older and have been vaccinated. In any event no license period may extend beyond the remaining period of validity for the current rabies vaccination. (Gov't. Code, § 38792(b).) Page 1 of 3 1053 City of Palm Desert Doa License Fee For comparison, the current dog licensing fees for unincorporated areas of Riverside County are provided. With the exception of Unaltered Dogs and the one-year license for Altered Dogs owned by Senior Citizens aged 60 and over (where the fees align with unincorporated Riverside County rates), our proposed fees will remain at least 40% lower than the RCDAS fees. Additionally, as provided at the March 28, 2024 Study Session the proposed licensing fees are one of the lowest among the Coachella Vally municipalities that contract with RCDAS, as shown below. With the exception of Rancho Mirage (1998 RCDAS fees), Palm Desert will have the lowest license rates for multi -year licenses. License Type 1 Year 2 Year 3 Year Altered Dog Palm Desert $15 $20 $22 Cathedral City $25 $50 $75 Coachella $17 $34 $49 Indian Wells $21 $38 $53 Indio $17 $26 $36 La Quinta $17 $34 $49 Rancho Mirage $8 $15 $19 Unaltered Dog Palm Desert $120 $240 $360 Cathedral City $120 $240 $360 Coachella $100 $200 $300 Indian Wells $104 $204 $304 Indio $100 $175 $225 La Quinta $100 $200 $300 Rancho Mirage $50 $100 $150 Altered Dog, Senior Citizen 60+ Palm Desert $12 $13 $14 Cathedral City $12 $24 $36 Coachella $12 $24 $36 Indian Wells $16 $28 $40 Indio $10 $15 $20 La Quinta (55+) $12 $24 $36 Rancho Mirage $6 $7 $8 Legal Review: This report has been reviewed by the City Attorney's office. FINANCIAL IMPACT: The proposed increase in fees will help further reduce the monthly charges of the Animal Services Contract with RCDAS. For Fiscal Year 2023-24, the average monthly credit the City received was approximately $950. ATTACHMENTS: Page 2of3 1054 City of Palm Desert Dog License Fee Draft Resolution Page 3 of 3 1055 1056 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE FEES FOR DOG LICENSES WHEREAS, the City of Palm Desert (the "City") contracts with the Riverside County Department of Animal Services ("RCDAS") for animal control services (the "Contract"). The most recent Contract with RCDAS was approved on July 11, 2024, and will terminate on June 30, 2025. Under the Contract, RCDAS provides the following services for the City: kennel services, dog license processing, dead animal disposal, field enforcement, and other services related to animal control; and WHEREAS, the City Council has determined providing animal control services is a necessary and vital service required for the preservation of public health, safety, and welfare of City residents; and WHEREAS, the City incurs certain costs associated with providing the administration of animal control services and the RCDAS Contract, which is on file in the City Clerk's office available for inspection during normal business hours of the City, and is incorporated herein by this reference; and WHEREAS, pursuant to Government Code Section 38792, the City Council has the authority to collect a license fee for dogs; and WHEREAS, pursuant to Section 6.08.040 of the Palm Desert Municipal Code ("Code"), the City's dog licensing fee schedule ("License Fees") has not been updated since 1998, and the City has determined that the current License Fee is insufficient to cover the costs associated with the RCDAS Contract and related administration costs; and WHEREAS, the City Council desires to update the License Fees to allow the City to recover a portion of the costs incurred related to the Contract and in administering services related to dogs, including animal sheltering and control; and WHEREAS, prior to increasing the License Fees the City is required to hold a noticed public hearing at which oral and written presentations can be made and heard; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council now desires to approve the proposed License Fees. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert as follows: SECTION 1. That the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. 1057 • M i e l 0.1!•V1ly� SECTION 2. The City Council finds that the costs associated with the Contract and administration of animal control services within the City imposes certain costs upon the City and the proposed License Fees recover only a portion of such costs and in no event does such Licensing Fees exceed the costs incurred by the City. SECTION 3. Effective immediately following the approval of this Resolution, the City Council hereby establishes the following annual License Fees: License Type 1 Year 2 Year 3 Year(l) Altered dog $15 $20 $22 Unaltered Dog $120 $240 $360 Altered Dog, owned by Senior Citizen 60+ $12 $13 $14 (1) A three-year license is only available for dogs that have attained the age of 12 months or older and have been vaccinated. In any event no license period may extend beyond the remaining period of validity for the current rabies vaccination. (Gov't. Code, § 38792(b).) SECTION 4. This Resolution shall become effective immediately upon its adoption. ADOPTED ON this 22"d day of August, 2024. KARINA QUINTANILLA MAYOR /-Ala1431 ANTHONY J. MEJIA CITY CLERK 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 12024. ANTHONY J. MEJIA CITY CLERK 1058