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Home My WebLink AboutC28130 Info Water Runoff From Stone Eagle Golf Course Contract No. C28130 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Receive and File Updated Information Addressing Resident Concerns Regarding Water Runoff from Stone Eagle Golf Course, and Accept Staff Recommendations of the August 28, 2008, Continued Staff Report SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Stone Eagle 74-001 Reserve Drive Indian Wells, CA 92210 NOTIFICATION: See Notification List Attached DATE: April 9, 2009 CONTENTS: Notification List 03-03-09 Letter from Stone Eagle, and Its Attachments: Letter from Vector Control (undated report of field inspection) Miscellaneous Communications, Legal Descriptions, Unexecuted Site Access and Indemnity Agreements 02-11-09 Letter from Stone Eagle 08-28-08 Staff Report, Continued to a Date Uncertain, and Its Contents: Staff Report to Director's Hearing Dated 01-17-08 Minutes to Director's Hearing 01-17-08 Director's Hearing Recommendations Memo Contacts List for 01-17-08 Director's Hearing Maintenance Agreement with Exhibits Recommendation: That City Council, by Minute Motion: 1.) Receive and file updated infarmation addressing resident concerns regarding water runoff from Stone Eagle Golf Course; and 2.) Accept the recommendations of the August 28, 2008, continued staff report: a.) Accept the Hearing Director's recommendations regarding Stone Eagle Golf Course; b.) Accept the project as complete; c.) Release the associated securities; and d.) Authorize the Mayor to execute the Maintenance Agreement. Staff Report Accept Stone Eagle Golf Course and Release Securities April 9, 2009 Page2of3 Discussion: Soon after completion of the Stone Eagle Golf Course, complaints were received by the Public Works Department regarding what appeared to be excessive runoff from golf course irrigation. Staff perFormed extensive investigations over a period of approximately two years and conducted public information meetings with affected residents in an effort to identify and resolve their concerns. The investigation concluded with a Director's Hearing on January 17, 2008, at which time input was received from affected residents, the developer, environmental professionals, and City staff. Each issue was thoroughly discussed and documented (see the staff report and minutes of the hearing, attached). While it is unlikely that there is or will ever be unanimous satisfaction, staff is confident that all of the significant concerns have been appropriately addressed. At the August 28, 2008, City Council meeting, staff presented the results of the Director's Hearing in a report from Assistant City Attorney Bob Hargreaves. In his report, Mr. Hargreaves identified specific issues regarding impacts resulting from golf course operations, provided acknowledgement of ineasures that had already been implemented, and recommended ongoing measures to prevent impacts from recurring. Several of the affected residents were present at the August 28, 2008, City Council meeting, and voiced their ongoing concerns that golf course runoff water was causing non-native vegetation to grow and mosquitoes to breed in Bruce Creek. The Council directed staff to obtain copies of any reports from the Coachella Valley Mosquito and Vector Control Board, and to further research the issue. The agenda item was continued to the meeting of October 9, 2008. At the October 9, 2008, City Council meeting the item was continued to a date uncertain. Staff now submits, for Council's consideration, the following update concerning this matter: 01-20-09 Stone Eagle representative Kris Schulze reported that the creek is being maintained to the expectations of the Vector Control inspector. 01-30-09 City staff conducted an on-site inspection of Bruce Creek and Ramon Creek, and found the condition of Bruce Creek to be improved; Ramon Creek the runoff basin and pumping system are not functioning properly and are in need of maintenance. Staff spoke with the Vector Control inspector who indicated he would provide documentation of current mosquito conditions. 02-03-09 Hearing Director Robert Hargreaves outlined three milestones to be achieved by Stone Eagle in order for staff to recommend acceptance of the project: that City staff would conduct an inspection of the site and find it satisfactory (note that this requirement was satisfied on January 30 prior to Mr. Staff Report Accept Stone Eagle Golf Course and Release Securities April 9, 2009 Page 3 of 3 Hargreaves being made aware that the inspection had occurred); that Stone Eagle would demonstrate its reasonable efforts to acquire adjoining property owner participation in the maintenance agreements; and that a statement be obtained from Vector Control indicating that there is no current, or likely future, mosquito breeding activity in the creek. 03-03-09 City staff received a letter from Stone Eagle representative Ted Lennon requesting the acceptance of this project, release of the security bonds, and acceptance of the Maintenance Agreement. This letter's attachments provided evidence that Stone Eagle has met all three requirements as outlined by Mr. Hargreaves. Attached to Mr. Lennon's letter is a letter from Vector Control Board Inspector Rod Chamberlain reporting that he was satisfied that no mosquitoes were breeding in Bruce Creek as of October 6, 2008. Also attached to Mr. Lennon's letter were copies of unexecuted access and indemnity agreements sent to adjacent property owners. Staff is now in agreement that the outstanding issues have been properly and satisfactorily addressed. Therefore, the Public Works Department recommends that City Council: 1.) Receive the updated information contained in this staff report; and 2.) Accept the recommendations of the August 28, 2008, continued staff report and: a. Accept the Hearing Director's recommendations regarding Stone Eagle Golf Course; �� b. Accept the golf course project as complete; y � � � o ,� c. Release the associated securities; and .� � � � *' � d. Authorize the Mayor to execute the Maintenance Agreement. a a, r� `� N v� �a � "' a � �,� Fiscal Impact: None. � � �; ° � �, o � a � `� a o � Departmen H ad: Approval: �� N � a p N o a�i p C7 a� C7 w a+ ,,. O "C •ri Q O � \ _ '� cpd Fy 0�J i� � OI ` - . �G�Z- �`�`- `� N � ,`� °� a.c � Mark Greerwood, P.E. Homer Croy ,� N N �, p �, �; Director of Public Work ACM for Develop nt Serviceso � b a ''� � •� a, a �d D, ++ +� � � � aai ,E O +� Approval: � o p � � � CITY COUNCtG J�TId1�1 �� o �� 3 �a +� APPROVED DENTEt) �o � o � G o � IVED OTHER � �.°+ � ��.+ '� ��a Jo M. Wohlmuth MEE G � �-G � °7 b " ° `" b0'� it Manager AyEg �� r' i a � a b a� '� NOEs: � � N � a �° N � AssEN'h �, "a „/��N o a� aa � c� N u �-+ .c ABSTAIN: * VERIFIED BYs ' .. . . . �.. ..- --- �- - - —-- STONE EAGLE RUN-OFF Notification List for City Council Meeting 04-09-09 Developer: Ted Lennon Tlennan�loweenterprises,com Kris Schulze kschulzeCa�loweenterprises.com John Criste lcristeCa�terranovaplanning.com Developer contacts who were not sent notification: Nizar Farhat nfarhatCa�loweenterprises.com Bill Munson bmunson@Eoweenterprises.com Scientists: AI Muth deepcanyonC�mindspring.com Mark Fisher sandlizards@mindspring.com Water and other agencies: Doug Wylie dwylie@waterbaards.ca.gov John Carmona jcarmona@waterboards.ca.gov Rod Chamberlain rchamberlain@cvmvcd.org Steve Bigley sbigley@cvwd.org Kim Nicol knicolCc�dfg.ca.gov City: Terry Cechin tcechin@ci.palm-desert.ca.us Phil Joy pjovC�ci.palm-desert.ca.us Lauri Aylaian I�IaianCa�ci.palm-desert.ca.us Bob Hargreaves Rabert.hargreaves@bbklaw.com Mark Greenwood mareenwoad@ci.palm-desert.ca.us Hart Ponder hponderCc�c�alm-desert.ca.us Shawn Kilpatrick skilpatrickCa�ci,�alm-desert.ca.us Earth Systems Southwest: Craig Hill 345-1588 chiliCa?earthsys.com Scot Stormo sstormo(cr�.earthsys.com Residents: Peter Schear Peter(a�miraqecenter.com Nancy Scott TRYLIFE2Ca�aol.com Toni Carver cuentista@dc.rr.cam Bill Carver carvermgmt msn.com Tim Bartlett bartlettcCa�aol.com Janice Wood icw4257.1Ca�juno.com Piero Pierattoni pierop@earthlink.net Doug Hart doughCa�sprinc�sclub.com Steffani Miller SMillerCc�rhlawfirm.com ROEMER 8c HARNIK LAW FIRM The following afFected residents were not contacted because we have no e-mail address for them. For previous meetings we had sent notifications in the U.S. mail. None of these residents ever appeared at any of the meetings. Jim Richards Gordon & Ruth Dewitte Craig Davenport Craig Reisfield ��y��- STQN� ��AGL� March 3, 2009 Lauri Aylaian Director of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert,CA 92260-2578 Re: Stone Eagle Maintenance Agreement—City Council Agenda Dear Lauri: Please schedule the Maintenance Agreement for consideration by City Council at the next available City Council meeting. In accordance with Mr.Hargreaves email dated February 3, 2009,we believe the following 3 items have been satisfactorily addressed: 1) Staff has conducted a satisfactory inspection of the site. City staff conducted an inspection of the creeks on January 30. Mark Greenwood indicated that there were numerous cat tails and a few small tamarisk seedlings. The cat tails are a native plant. Dr. Muth has indicated on several occasions that,where practical,these plants should be left to thrive in a native condition. We are concentrating removing the cat tails where they may impede the flow of water and create a potential mosquito breeding area. The tamarisk seedlings are removed on a weekly basis.We currently have a two person crew scheduled for maintenance and inspection every Monday. We have made great strides in removing the years of growth (much of which was present prior to the development of Stone Eagle). I have not received a formal report from Public Works regarding their inspection. We are available to review/discuss the results of their inspection at your convenience. 2) There is a written statement by Stone Eagle that all reasonable efforts have been made to acquire adjoining property owner participation in maintenance agreements. This letter is to serve as Stone Eagle's written statement that all reasonable efforts have been made to acquire adjoining property owner participation in regards to the on going inspection and maintenance of the creeks. The following steps have been taken to solicit participation. a) A Site Access and Indemnity Agreement was prepazed. Input from Toni and Bill Carver was solicited in preparing this agreement. b) The Site Accessllndemnity Agreements were mailed via certified mail on December 19, 2008,to each of the impacted property owners. A copy of the agreement and property exhibits were included. We requested that the agreement be returned by January 9,2009. A copy of this mailing is provided for your file. c) An effort was made to contact those property owners who did not respond by January 9,2009. We used the County Assessor Tax Role information for mailing address. The following summarizes the results of this mailing: Toni and Bill Caver Agreement has been signed and returned for execution. Craig and Ginette Reisfield Agreement was returned as Not Deliverable. Dr. Meints Agreement has been signed and retumed for execution. Tim Bartlett The agreement was received. Kris Schulze contacted Mr. Bartlett on January 21, 2009. Mr.Bartlett responded that ?4-001 Keserve Drive,Indian We��s,CA�ZZ.10 760.568.9800 Fax 760.7?9.1469 we already had a less formal right of entry agreement and he assumed it was still valid. See attached copy. Stone Haven/Majac Dr. Scheer The agreement was received but not returned. We have a less formal right of entry agreement on file. Abaii The agreement was returned as Not Deliverable. Kris Schulze hand carried a copy of the agreement to John Anderholt,Mr. Abii's attorney. Mr.Anderholt indicated he would forward the agreement to Mr. Abaii and would call if there were questions. Gerhard Befeld The agreement was received. Mr.Befeld has not responded to the request. Irwin Warsaw The agreement has been signed and returned for execution. To date, Stone Eagle has right of entry agreements from all owners except for Reisfield, Abaii and Befeld. 3) A recent statement by the Mosquito District that there are not currently,or likely future, mosquito issues. Rod Chamberlain submitted a letter(see attached letter)to Mark Greenwood.This letter indicated that he"was extremely please with the condition of the creek and the problematic vegetation that has been accomplished"since his previous meeting. He indicated that he found no mosquito breeding during his inspection. He indicated that for long term control to be effective,the habitat maintenance program must be ongoing. The ongoing maintenance program is outlinec3 in the Maintenance Agreement under consideration. Stone Eagle is committed to maintain the creeks in accordance with the agreement and has posted a$50,000 maintenance bond a security. Mr. Chamberlain can not confirm that there will not be future mosquito issues since he is not responsible for the maintenance. Mr.Chamberlain has inspected the creeks within the last month and has indicated he is still very pleased with the maintenance effort. I believe Mark has had subsequent conversations with Mr.Chamberlain regarding this recent inspection. Please let me know if we can provide any additional information and let me know when this item can be scheduled for City Council consideration. You can reach me at 674-2200 or Kris at 404-9971. Your input and assistance is greatly appreciated. Sincerely, d Le on,President Stone le GQ��hella yej�y ° Coachella Valley Mosquito and Vector Control District � 43-420 Trader Place • Indio,CA 92201 • (760)342-8287 • Fax(760)342-8110 � E-mail: CVmosquitoQcvmvcd.org • Website: www.cvmvcd.org �i�� e....�ez� Q � �•�CW� Mazk Greenwood Board of Trustees City of Palm Desert President 73-510 Fred Waring Drive BRUCE UNDERWOOD,�r.p.H. palm Desert, CA. 922365 Indian Wells Vice-President TERRY HENDERSON Dear Mr. Greenwood; La Quinta Secretary/rreasurer I am writing to you at the request of Mr. Kris Schulze from LDD Desert SHARON LOCK Development, Inc. Mr. Schulze requested that I provide you with a brief Palm Springs report of my findings on a recent inspection of the Bruce Creek area with GARY HOWELL regards to mosquito breeding conditions. Cathedral City RICHARD MACKNICKI On October 6t", 2008, I walked the length of Bruce Creek to ascertain the Coachella progress that Stone Eagle maintenance staff has made on vegetation ALBERT KECK management and water channeling. I was extremely pleased with the county at�ar�e condition of the creek and the removal of problematic vegetation that has been accomplished since my previous meeting with Stone Eagle maintenance staff NICK NIGOSIAN on September 2°d. I found no mosquito breeding during my inspection and in County at Large a subsequent conversation with Mr. Schulze, he mentioned that a mosquito KARL BAKER,�R. larval control product was being used by the maintenance staff during their Desert Hot Springs routine maintenance program. Mr. Shultz also informed me that Stone Eagle GENE GILBER7 intended to assign a full time maintenance employee to maintain the creek in �ndio an acceptable manner to minimize mosquito breeding. DOUGLAS WALKER Pa�m�esert I want to emphasize that my inspection represents a snap shot in time of the DANA HOBART habitat and conditions and for long term control to be effective, the habitat Rancho Mirage maintenance program must be ongoing. Without proper maintenance the creek will quickly revegetate and could become prime mosquito breeding habitat. RAYMOND GRIEST Interim General Manager If you have any questions or would like more information on this matter please feel free to call me at the District at: (760) 342-8287. Sincerely; Rod Chamberlain Field Supervisor cc: James Saulnier, Operations Manager Don Jeffers, Interim General Manager Kris Schulze, LDD Desert Development, Inc. Page 1 of 1 Schulze, Kris From: Schulze, Kris Sent: Wednesday, January 21, 2009 10:09 AM To: 'Bartlettc@aol.com' Subject: RE: Site Access Agreement Yes. I have a letter of agreement dated 11/16/2006. Thanks for the response. Kris Kris Schulze LDD Dese�t Development,Inc. 74-001 Reserve Drive Indian Welis,CA 92210 760-837-2546(Office) 760-404-9971 (Cell) kschulze@loweenterprises.com From: Bartlettc@aol.com [mailto:Bartiettc@aol.com] Sent: Wednesday, )anuary 21, 2009 9:38 AM To: Schulze, Kris Subject: Re: Site Access Agreement Hello Kris: I was just looking for your email yesterday without success,thanks for contacting me. I already have a fully executed agreement that I negotiated with Nizar a long time ago. 1 assume it is still valid. In a message dated 1/21/2009 9:04:34 A.M. Pacific Standard Time, kschulze@LOWEENTERPRISES.com writes: Hi Tim—hope you had a great Christmas/New Year. I just wanted to follow up on the Site Access Agreement we sent on December 19. Do you have any questions regarding this agreement and do you desire to execute the agreement to allow Stone Eagle to access/maintain this portion of Bruce Creek? I look forward to hearing from you. Please call or email. Thanks, Kris Kris Schulze lDD Desert Development,Inc. 74-001 Reserve Drive Indian Wells,CA 92210 760-837-2546(Office) 760-4049971 (Cell) ksch ulze@loweenterprises.com Timothy R. Bartlett 73-382 Salt Cedar Street Palm Desert,CA 92260 Phone:760.773.3035 bartlettc@aol.com A Good Credit Score is 700 or Above. See yours in just 2 ea�steps! 1/27/2009 ii��, STC3 N� ��A.G L� Novernber 16, 2006 Timothy Bartlett 73-382 Salt Cedar St. Palm Desert, CA 92260 Subject: Reyuest Permission Mr.Bartlett; I am requesting permission to have access to your property located South of Stone Eagle, at Legal Description: .91 Acres M/L IN POR '/< Of SEC 36 TSS RSE. My request is to have a maintenance crew in Bruce Creek as soon as possible, to clean all invasive plants, such as Tamarisk plants, Fountain Grass, Reed Grass, and Bent Grass as well. Stone Eagle will be solely and absolutely responsible for the related cleanup of the invasive plants, as weil as all costs associated with the cleanup operation. Stone Eagle agrees to and does hereby indemnify and hold harmless Timothy Bartlett from every claim or demand made, and every liabiiity, loss damages or expense of any nature whatsoever arising out of or in connection with this agreement of related cleanup, repair, and maintenance within your property in the Bruce Creek area that are caused by the negligent acts or intentional acts of Stone Eagle or it's agents, employees, contractors, or sub contractors. If you have any questions, please call me at 831-6745 or 837-2550. I appreciate your help, and look fon�� 'n from you soon. `----- ,� `�` Permission Granted:� .��.............. .��,,.,,,,,,,,,,,, ,,,,,,, Timothy Bartlett Nizar Farhat i2 _!— .�� _� r�"y, {l':> ?•.J;- �. ?2-45U 5tonr.f_:a�e Dnve,Falm C�cscrt,CA 92260 70o,-;'i.6zo0 f e�a?t�o.773.6Zo1 . . , ii��,�-, 57"O 1�� .G L� December 19, 2008 Timothy R. Bartlett 73382 Salt Cedar Street Palm Desert,Ca 92260 Re: Site Access and Indemnity Agreement for Bruce Creek and Ramon Creek Dear Mr. Bartlett: In accordance with the proposed Maintenance Agreement between Stone Eagle and the City of Palm Desert, Stone Eagle is required, if the property owner consents,to perform certain visual inspections and to perform testing and mitigation within the reaches of Bruce Creek and Ramon Creek as shown on Exhibit B of the attached Site Access and Indemnity Agreement. Stone Eagle staff and consultants will be required to access the property on a weekly basis to perform visual inspections. Water quality testing will be done on an annual basis. Mitigation and maintenance will consist of the removal of non-native plans and mitigation and remediation of potential mosquito breeding sites in the Inspection Area. This mitigation and maintenance will occur on an on-going basis within the channel limits. Ptease execute the attached Agreement and return to: Attn: Kris Schulze 72-450 Stone Eagle Drive Palm Desert,CA 92260 Upon our receipt of the signed agreement,the agreement will be executed by Stone Eagle and one fully executed copy will be returned to you for your file. If the attached agreement is not returned by January 9,2009,we will assume that you do not want Stone Eagle to provide the inspection and maintenance services as outlined in Section 2.2 of the Maintenance Agreement. Please call Kris Schulze at 760-404-9971 should you have any questions regarding this Agreement. Sincerely, nnon, President JZ-500 Stone Ea��e Drive,Pa�m Desert,C.A92260 7t O.�T'j-n2Z3 Fax J�0.�.6224 SITE ACCESS AND INDEMNITY AGREEMENT This Site Access and Indemnity Agreement (the "Access Agreement") is made this day of , 200_between Stone Eagle Development, LLC ("Stone Eagle") and Timothy Bartlett("Owner"). RECITALS: E. Owner is the owner of certain real property described on Exhibit A attached hereto (the"Property"); F. In accordance with that certain Maintenance Agreement dated as of , 200 , by and between Stone Eagle and the City of Palm Desert (the"MA"), Stone Eagle is required, if Owner consents, to perform certain visual inspections of Bruce Creek and Ramon Creek (collectively, the"Creeks")on the locations on the Property shown on Exhibit B, and to perform testing and mitigation as set forth in Sections 2.2.2 and 2.2.3 of the MA. NOW,THEREFORE, Stone Eagle and Owner hereby agree as follows: l. Term. The term of this Access Agreement shall commence on the date hereof and shall end at 5:00 P.M. Pacific Time on the tenth (lOth) anniversary hereof; provided, however, that unless Stone Eagle and Owner execute a termination of this Access Agreement on or before said tenth (10`h) anniversary hereof, this Access Agreement shall be deemed extended for an addition ten (10) year period, and unless such a termination is thereafter executed this Access Agreement shall continue to be renewed for successive ten(10) year periods. 2. Access Ri�hts and Conditions. Owner grants to Stone Eagle and its employees, agents, consultants, contractors, and subcontractors (hereinafter collectively referred to as "Stone Eagle's Agents") a license for reasonable access to and use of the Property for the purposes set forth herein during the Term. . 3. Indemnification. Except to the extent that any and all claims, suits, actions, damages, costs, liabilities, obligations, judgments, fines, penalties and expenses, including without limitation reasonable attorneys' fees and court costs (collectively "Claims") are released, settled, or otherwise discharged by reason of any insurance coverage maintained by Stone Eagle or the Stone Eagle Agents, and except to the extent caused by the actions or inactions of Owner and Owner's employees, agents, consultants, contractors, and subcontractors, Stone Eagle agrees to indemnify, defend and hold harmless Owner from and against any and all Claims resulting from or arising out of the work performed by Stone Eagle or the Stone Eagle Agents pursuant to the MA,but only if such entry or activity are the proximate cause of: (i) any injury or death of any person in, at, or under the Property; or (ii) any damage or loss to any property in, at or under the Property; provided, however, that Stone Eagle's aforesaid � indemnification shall not cover, and Stone Eagle shall not be liahle for, any consequential damages, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Property, suffered by Owner or suffered by any other person or entity resuiting from any such e�try or activity conclucted by Stone Eagle or the Stone Eagle Agents, nor for any direct or consequential damages or loss of value that Owner might incur as a result of any environmental contamination not caused by Stone Eagle which is discovered or otherwise released in, upon, 41317845.3 under, or about the Property as a result of Stone Eagle's or the Stone Eagle Agents' entry or activity. 4. Modification. This Access Agreement shall not be modified except in writing signed by both Parties. 5. Choice of Law. This Access Agreement shall be construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, Stone Eagle and Owner have executed this Access Agreement as of the date first written above. DECLARANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPORATION, a California corporation,Manager of Stone Eagle Development, LLC, a Delaware limited liability company By: Ted Lennon,President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: OWNER: Print Name: Print Name: 413178453 EXn�b�t a Description of Property Timothy Bartlett APN 628-350-004 [to be attached] 413178453 4 �� . 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"' � �a� „�y P � N Gx � � o W P� u� W ' o, _ _ __ N n (,fl � �M 4��y��Cb� � . _S �Yt�t i��- 5�"C?N� ��.�L� January 8, 2009 Sean Abaii/Sultan International Care Of: J. John Anderholt Anderholt&Turner LLP 74-770 Highway 111, 5uite 201, Indian Wells, CA 92210 Dear Mr. Anderholt: We attempted to send the attached letter and documents to Mr. Abaii at: 45-640 Highway 74 Palm Desert, CA 92260 This was the address listed on the County Assessor Tax Roles and on prior correspondences to Stone Eagle. The letter was sent certified mail and was returned. The attached package includes an Access Agreement which allows Stone Eagle Staff to access that portion of Bruce Creek for periodic maintenance and inspections. Please forward to Mr. Abaii. Please call me at 76Q-404-9971 should you have any questions. Sincerely, �� Kris Schulze . -, _�,, � i � :,-�r ��_,,, _ `'�t��;:t i":{ulc'�lc�r. ;.nt . c_ .(..-. '` _';.`_,i i ..\ '`,`� „�.o___. ��,�� STO 1�� G L�. December 19, 2008 Sean Abaii/Sultan International 45640 Highway 74 Palm Desert, CA 92260 Re: Site Access and Indemnity Agreement for Bruce Creek and Ramon Creek Dear Mr. Abaii: In accordance with the proposed Maintenance Agreement between Stone Eagle and the City of Palm Desert, Stone Eagle is required, if the property owner consents,to perform certain visual inspections and to perform testing and mitigation within the reaches of Bruce Creek and Ramon Creek as shown on Exhibit B of the attached Site Access and Indemnity Agreement. Stone Eagle staff and consultants will be required to access the property on a weekly basis to perform visual inspections. Water quality testing will be done on an annual basis. Mitigation and maintenance will consist of the removal of non-native plans and mitigation and remediation of potential mosquito breeding sites in the Inspection Area. This mitigation and maintenance will occur on an on-going basis within the channel limits. Please execute the attached Agreement and return to: Attn: Kris Schulze 72-450 Stone Eagle Drive Palm Desert, CA 92260 Upon our receipt of the signed agreement,the agreement will be executed by Stone Eagle and one fully executed copy will be returned to you for your file. If the attached agreement is not returned by January 9, 2009,we will assume that you do not want Stone Eagle to provide the inspection and maintenance services as outlined in Section 2.2 of the Maintenance Agreement. Please call Kris Schulze at 760-404-9971 should you have any questions regarding this Agreement. Sincerely, Le on, President J2-500 Stone Ea��e Dnve,Pa�m Desert,CA)2260 760.775.h7z3�a�7ro.7,�.�"u�- SITE ACCESS AND INDEMNITY AGREEMENT This Site Access and Indemnity Agreement (the "Access AgreemenY') is made this _ day of , 200 between Stone Eagle Development, LLC ("Stone Eagle") and Sean Abaii/Sultan International("Owner"). RECITALS: I. Owner is the owner of certain real property described on Exhibit A attached hereto (the"Property"); J. In accordance with that certain Maintenance Agreement dated as of , 200 , by and between Stone Eagle and the City of Palm Desert (the "MA"), Stone Eagle is required, if Owner consents, to perform certain visual inspections of Bruce Creek and Ramon Creek (collectively, the"Creeks") on the locations on the Property shown on Exhibit B, and to perform testing and mitigation as set forth in Sections 2.2.2 and 2.2.3 of the MA. NOW,THEREFORE, Stone Eagle and Owner hereby agree as follows: 1. Term. The term of this Access Agreement shall commence on the date hereof and shall end at 5:00 P.M. Pacific Time on the tenth (10`h) anniversary hereof; provided, however, that unless Stone Eagle and Owner execute a termination of this Access Agreement on or before said tenth (10`h) anniversary hereof, this Access Agreement shall be deemed extended for an addition ten (10) year period, and unless such a termination is thereafter executed this Access Agreement shall continue to be renewed for successive ten(10) year periods. 2. Access Rights and Conditions. Owner grants to Stone Eagle and its employees, agents, consultants, contractors, and subcontractors (hereinafter collectively referred to as "Stone Eagle's Agents") a license for reasonable access to and use of the Property for the purposes set forth herein during the Term. 3. Indemnification. Except to the extent that any and all claims, suits, actions, damages, costs, liabilities, obligations, judgments, fines, penalties and expenses, including without limitation reasonable attorneys' fees and court costs (collectively "Claims") are released, settled, or otherwise discharged by reason of any insurance coverage maintained by Stone Eagle or the Stone Eagle Agents, and except to the extent caused by the actions or inactions of Owner and Owner's employees, agents, consultants, contractors,and subcontractors, Stone Eagle agrees to indemnify, defend and hold harmless Owner from and against any and all Claims resulting from or arising out of the work performed by Stone Eagle or the Stone Eagle Agents pursuant to the MA, but only if such entry or activity are the proximate cause of: (i) any injury or death of any person in, at, or under the Property; or (ii) any damage or loss to any property in, at or under the Property; rop vided, however, that Stone Eagle's aforesaid indemnification shall not cover, and Stone Eagle shall not be liable for, any consequential damages, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Property, suffered by Owner or suffered by any other person or entity resulting from any such entry or activity conducted by Stone Eagle or the Stone Eagle Agents, nor for any direct or • consequential damages or loss of value that Owner might incur as a result of any environmental contamination not caused by Stone Eagle which is discovered or otherwise released in, upon, 413178453 under, or about the Property as a result of Stone Eagle's or the Stone Eagle Agents' entry or activity. 4. Modification. This Access Agreement shall not be modified except in writing signed by both Parties. 5. Choice of Law. This Access Agreement shall be construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, Stone Eagle and Owner have executed this Access Agreement as of the date first written above. DECLARANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPOR.ATION, a California corporation, Manager of Stone Eagle Development, LLC, a Delaware limited liability company By: Ted Lennon, President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: OWNER: Print Name: Print Name: 41317845.3 Exhibit A Description of Property Sean AbaiilSultan Intemational APN 628-350-007 [to be attached] 41311845.3 I , . . . � �N� a�� : A u ..�� . �� x y O� �o'�'�. � . � y` ...-.,-... � �� = E � �9�6� O; - � � � F � � O �f N a � �� S' "�.,t . Y FS O� � y� � O � � ~�� : � � .. a�s � x � � x 0� � .c''� �'� � � a . w n ��'n A � 1M t� N � 135.50 a ' PM19t/3 � K �c �� O � = S �� u � N > � F'° Q� ' ' u � O �� .. } � > 9 } n � O � O A � 6 ro �i u, w •5 lOT E LOT 0 LOT C F- r PAINTED CANYON RD "•.`. �ro.�� . �or c �or e LOT A PM�o�� p; � � n� S� �, �� ..� � � O O � O �� u m' �� 1 Op $ONI 1 ii <i isa en.� a ie�.�� ie�.0 i - i Qi u • _..._._`:i I -i �y " m vs' s ,� � O • � v �i � n � oi � O � m �! , y Z —J � f'rl `-' �r W _ �s..�. �...,� rn x� �, O xo � N zz �, . � �n O N .......�i �� '�� C e ( C � r ^ � O " i � O !fJ : 3}Z . � ;. � D . ' z a � > ^ ' -i cn rj '...._...-� T+ � �[i rT1 i � D � . �I i cae.�o cca.x m I m SI � m . �i �� W � � . - � � - V g {�'+ , f�'+ 66�.1� tt�.1� � tc�.e� ��s.�• tY.a� sa�.a� f�O.a� �" � �. i O 4 a \ \ \ W a �! � � O )].�� 2 � O O O m f � � � � r�� 0 � � � � 0 - � � � o � � � w � � � � 0o na � t a P — C �s.w � c� � � o O_ .'c � Y :D � • � NO/-02-�OE 330.17 R.SE. t3l.11 t��•�� p.6E. � �� ' P �v `o � � � � n� --- � � � w N � �II . Y »� �� =� � =a �x �x� � ii��-- S�rou� ��GL� December 19,2008 Gerhard and Marie Befeld 73450 Country Club Drive Palm Desert,CA 92260 Re: Site Access and Indemnity Agreement for Bruce Creek and Ramon Creek Dear Mr. and Mrs. Befeld: In accordance with the proposed Maintenance Agreement between Stone Eagle and the City of Palm Desert,Stone Eagle is required,if the property owner consents,to perform certain visual inspections and to perform testing and mitigation within the reaches of Bruce Creek and Ramon Creek as shown on Exhibit B of the attached Site Access and Indemnity Agreement. Stone Eagle staff and consultants will be required to access the property on a weekly basis to perform visual inspections.Water quality testing will be done on an annual basis. Mitigation and maintenance will consist of the removal of non-native plans and mitigation and remediation of potential mosquito breeding sites in the Inspection Area. This mitigation and maintenance will occur on an on-going basis within the channel limits. Please execute the attached Agreement and return to: Attn: Kris Schulze 72-450 Stone Eagle Drive Palm Desert,CA 92260 Upon our receipt of the signed agreement,the agreement will be executed by Stone Eagle and one fully executed copy will be returned to you for your file. If the attached agreement is not returned by January 9, 2009,we will assume that you do not want Stone Eagle to provide the inspection and maintenance services as outlined in Section 2.2 of the Maintenance Agreement. Please call Kris Schulze at 760-404-9971 should you have any questions regarding this Agreement. Sincerely, nnon,President J2-500 Stone Ea��e Drive,Pa�m Desert,CA)22L0 7rio.77i.rzz3�3x�60.773.nu-� SITE ACCESS AND INDEMNITY AGREEMENT T'his Site Access and Indemnity Agreement (the "Access Agreement") is made this day of , 200_ between Stone Eagle Development, LLC ("Stone Eagle") and Gerhard and Marie Befeld("Owner"). RECITALS: K. Owner is the owner of certain real property described on Exhibit A attached hereto (the"Property"); L. In accordance with that certain Maintenance Agreement dated as of , 200 , by and between Stone Eagle and the City of Palm Desert(the"MA"), Stone Eagle is required, if Owner consents, to perform certain visual inspections of Bruce Creek and Ramon Creek (collectively, the"Creeks") on the locations on the Property shown on Exhibit B, and to perform testing and mitigation as set forth in Sections 2.2.2 and 2.2.3 of the MA. NOW,THEREFORE, Stone Eagle and Owner hereby agree as follows: l. Term. The term of this Access Agreement shall commence on the date hereof and shall end at 5:00 P.M. Pacific Time on the tenth (10`") anniversary hereof; provided, however, that unless Stone Eagle and Owner execute a termination of this Access Agreement on or before said tenth (lOth) anniversary hereof, this Access Agreement shall be deemed extended for an addition ten (10) year period, and unless such a termination is thereafter executed this Access Agreement shall continue to be renewed for successive ten(10) year periods. 2. Access Ri�hts and Conditions. Owner grants to Stone Eagle and its employees, agents, consultants, contractors, and subcontractors (hereinafter collectively referred to as "Stone Eagle's Agents") a license for reasonable access to and use of the Property for the purposes set forth herein during the Term. 3. Indemnification. Except to the extent that any and all claims, suits, actions, damages, costs, liabilities, obligations, judgments, fines, penalties and expenses, including without limitation reasonable attorneys' fees and court costs (collectively "Claims") are released, settled, or otherwise discharged by reason of any insurance coverage maintained by Stone Eagle or the Stone Eagle Agents, and except to the extent caused by the actions or inactions of Owner and Owner's employees, agents, consultants, contractors, and subcontractors, Stone Eagle agrees to indemnify, defend and hold harmless Owner from and against any and all Claims resulting from or arising out of the work performed by Stone Eagle or the Stone Eagle Agents pursuant to the MA, but only if such entry or activity are the proximate cause of (i) any injury or death of any person in, at, or under the Property; or (ii) any damage or loss to any property in, at or under the Property; rop vided, however, that Stone Eagle's aforesaid indemnification shall not cover, and Stone Eagle shall not be liable for, any consequential damages, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Property, suffered by Owner or suffered by any other person or entity resulting from any such entry or activity conducted by Stone Eagle or the Stone Eagle Agents, nor for any direct or consequential damages or loss of value that Owner might incur as a result of any environmental contamination not caused by Stone Eagle which is discovered or otherwise released in, upon, 413178453 under, or about the Property as a result of Stone Eagle's or the Stone Eagle Agents' entry or activity. 4. Modification. This Access Agreement shall not be modified except in writing signed by both Parties. 5. Choice of Law. This Access Agreement shall be construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, Stone Eagle and Owner have executed this Access Agreement as of the date first written above. DECLAR.ANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPORATION, a California corporation, Manager of Stone Eagle Development, LLC,a Delaware limited liability company By: Ted Lennon, President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: OWNER: Print Name: Print Name: 4131'78453 Exhibit A Description of Property Gerhard and Marie Befeld APN 628-350-016 and 628-350-017 [to be attached] 413178453 { . . .. . � E�� 6�� O n n5 y u �� r ��Is. � . 0 y` ...-.,-... �� . � � � 4, �`� O? _ � a � � � s � � :j $ �� s � s � O ;,� � � ^ �� .. M � x �� P ��. � x �S� .. � , s . -^ �� „ I]S.S� B� PMI!!/7 '� � F �,� � S � O � u � � �� P� �� : � O ��=, . � � > ., � r � s ' � � � O N '� LOT E lAT D ^ LOT C m �— z PA9VTED CANYON RD "•.`. �r.�. 'Vi LOT C LOT B LOT A PM1°�� , V' i �� Q� f' � O � 0 � � � � 0 i ,4� 6 u :�O � R1 y� Jtp � ,'a,�� o: ti ^'� '� �s� tn.� � s ie.a i .e� � I `n� '! �I C u -� i m. " m� �� _ � • D v i ! � Q ' 0 � �� i �� rn� Z �_,, ' �� m W w � cc�.�e cc�.�c m ZI oa X �) -i N � z U . � � i m � _ 'a l � � = 1; z � i m � O (..A.I �, O ' -�c I m � r "\ I ; o � + \ � I cse.�c cca.n rn I � m I m! � �' ��i ' ► O ` ` � O W � rn , " _ ,_ o, . . � „ ;A • - t ' = � " j q i t� I.__J i. _' \• K6.i� it�.l� 'V 'O .��.w ��s.l• �a�.�� sa�.�� ft�.t� � � s : � 4 � � `� � 4° Cli O �l.e� � � � � a �d o A � f � .�A A $ ��1 0 �j O � � W u � O � � O . —1 OO N �J r � � � �j � {� D - �' is,a v � c�i 5" c �` � . O� � :D cp • � NOe-l2.eoE 33s.�7 R.SE. �'33.�! »�•�3 R.6E. w .�. =y ��- s O'. "g s • N z■ - �--� � w � � W �� a � � "' � L• �� F�C=� -s ni[.,�- x� sb . , i��-I�-- S�r'O�t� ��G t� December 19, 2008 Irwin and David Warsaw P.O. Box 3512 Santa Monica,CA 90408 Re: Site Access and Indemnity Agreement for Bruce Creek and Ramon Creek To whom it may concern: In accordance with the proposed Maintenance Ageement between Stone Eagle and the City of Palm Desert, Stone Eagle is required, if the property owner consents,to perform certain visual inspections and to perform testing and mitigation within the reaches of Bruce Creek and Ramon Creek as shown on Exhibit B of the attached Site Access and Indemnity Agreement. Stone Eagle staff and consultants will be required to access the property on a weekly basis to perform visual inspections. Water quality testing will be done on an annual basis. Mitigation and maintenance will consist of the removal of non-native plans and mitigation and remediation of potential mosquito breeding sites in the Inspection Area. This mirigation and maintenance will occur on an on-going basis within the channel limits. Please execute the attached Agreement and return to: Attn: Kris Schulze 72-450 Stone Eagle Drive Palm Desert, CA 92260 Upon our receipt of the signed agreement,the agreement will be executed by Stone Eagle and one fully executed copy will be returned to you for your file. If the attached agreement is not returned by January 9, 2009,we will assume that you do not want Stone Eagle to provide the inspection and maintenance services as outlined in Section 2.2 of the Maintenance Agreement. Please call Kris Schulze at 760-404-9971 should you have any questions regarding this Agreement. Sincerely, L n, President J2-500 Stone Ga��e Drive,Pa�m Desert,CJ�J2Z.F0 76o.77i.6u�F�x 7co.77�.6zz-r SITE ACCESS AND INDEMNITY AGREEMENT This Site Access and Indemnity Agreement (the "Access Agreement") is made this day of , 200_between Stone Eagle Development, LLC ("Stone Eagle") and Irwin and David Warsaw("Owner"). RECITALS: O. Owner is the owner of certain real property described on Exhibit A attached hereto (the"Property"); P. In accordance with that certain Maintenance Agreement dated as of , 200 , by and between Stone Eagle and the City of Palm Desert(the"MA"), Stone Eagle is required, if Owner consents, to perform certain visual inspections of Bruce Creek and Ramon Creek (collectively, the"Creeks") on the locations on the Property shown on Exhibit B, and to perform testing and mitigation as set forth in Sections 2.2.2 and 2.2.3 of the MA. NOW,TT3EREFORE, Stone Eagle and Owner hereby agree as follows: 1. Term. The term of this Access Agreement shall commence on the date hereof and shall end at 5:00 P.M. Pacific Time on the tenth (10`h) anniversary hereof; provided, however, that unless Stone Eagle and Owner execute a termination of this Access Agreement on or before said tenth (10`h) anniversary hereof, this Access Agreement shall be deemed extended for an addition ten (10) year period, and unless such a termination is thereafter executed this Access Agreement shall continue to be renewed for successive ten (10)year periods. 2. Access Rights and Conditions. Owner grants to Stone Eagle and its employees, agents, consultants, contractors, and subcontractors (hereinafter collectively referred to as "Stone Eagle's Agents") a license for reasonable access to and use of the Property for the purposes set forth herein during the Term. 3. Indemnification. Except to the extent that any and all claims, suits, actions, damages, costs, liabilities, obligations, judgments, fines, penalties and expenses, including without limitation reasonable attorneys' fees and court costs (collectively "Claims") are released, settled, or otherwise discharged by reason of any insurance coverage maintained by Stone Eagle or the Stone Eagle Agents, and except to the extent caused by the actions or inactions of Owner and Owner's employees, agents, consultants, contractors, and subcontractors, Stone Eagle agrees to indemnify, defend and hold harmless Owner from and against any and all Claims resulting from or arising out of the work performed by Stone Eagle or the Stone Eagle Agents pursuant to the MA,but only if such entry or activity are the proximate cause of: (i) any injury or death of any person in, at, or under the Property; or (ii) any damage or loss to any property in, at or under the Property; rop vided, however, that Stone Eagle's aforesaid indemnification shall not cover, and Stone Eagle shall not be liable for, any consequential damages, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Property, suffered by Owner or suffered by any other person or entity resulting from any such entry or activity conducted by Stone Eagle or the Stone Eagle Agents, nor for any direct or consequential damages or loss of value that Owner might incur as a result of any environmental contamination not caused by Stone Eagle which is discovered or otherwise released in, upon, 413178453 under, or about the Property as a result of Stone Eagle's or the Stone Eagle Agents' entry or activity. 4. Modification. This Access Agreement shall not be modified except in writing signed by both Parties. 5. Choice of Law. This Access Agreement shall be construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, Stone Eagle and Owner have executed this Access Agreement as of the date first written above. DECLARANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPORATION, a California corporation, Manager of Stone Eagle Development, LLC, a Delaware limited liability company By: Ted Lennon, President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: OWNER: Print Name: Print Name: 413178453 Exhibit A Description of Property Irwin and David Warsaw APN 628-350-019 [to be attached] 41317845.3 i . • , - � �H� a�g � 'o s `. `n�'S " �� `� �� 7C N C7 ia'r'�. = " _ � y` ...-.>_... i �� ' C � ��• 9 G �p � �� ' � O� ^:/ll) � s t � . a � O� � �� O " �p� _: � �+ � G �i � N � � O N � � •`'LI x �Q�� Oa u , �i w A � aN.)� � � � ias.sa aa PI119Q/7 ��:a `� '� � O � : � �� ^ �' u N� $ D� O� � � ' e � � tl v� � t � N O ��1 � 6 � } � O � O � �s � � � L0T E LAT D ^ LOT C m �- = PAINTED CANYON RD "•.`. �t..�. f'Tli LOi C LOT 8 LOi A enuuu ; p� �i �� "�O� �� 0 � - O O � O ': u � �i y� •�i �� C� ijOp� �� 15� !)f.l 1 .B� 1�./� � �� "`_ � �..�i V ....�. ' c' u m i mi N . -�i � � = $ - n o � Q a 0 � � z I l� � y z —� �j m � q c.i � oa�.n �ont m� a' O X� � O N =z U � tt N � .� y y�z .-v . 's � O = -�� v+ � � � <i �, ; DI ; ' �. � I � 66l.76 6GB.it m m 3 m • z �� _ � Q � � � 6G.>� tt�.tt � �O 'O �as.�. .as.�• eu.a� �)�.as 1N.af �3'� � � � O u + � � c`.+ p v �T1 a � � p cr� o . .e.w s � � , � o � o }y �^ m � O Y��N �O R � � u �+ O A lS O � A V i � � � � OO N �! r �j � (� D - C � 75.el N � " � = c D , � p � 0= � � . � �roa-ez-�ac a�s..a R.SE. e53.�7 ��'� H.6E. Jg _ �� --g e • N M _ �__� � W �, � W _ � u �� YN ��_� � � t5 +it«r'�Y� _d� ��- STO 1�I� ��.G L� October 10, 2006 Dr. Peter Scheer 39-935 Vista del Sol Suite 102 Rancho Ntira�e, CA 9?270 Subject: Request Aermission Dear Dr. Scheer; I am requesting pennission to have access to your property located South of Stone Eagle, at Legal Description: 5 Acres in POR NE '/ of SEC 36 TSS RSE, and Legal Description: .9l Acres M/L IN POR '/ Of SEC 36 TSS RSE. My rec�uest is to have a maintenance crew in Bruce Creek as soon as possible, to clean all invasive plants, such as Tamarisk plants, Fountain Grass, Reed Grass, and Bent Grass as well. Stone Eagle will be solely and absolutely responsible for the related cieanup of the invasive plants, as well as all costs as5ociated with the cleanup operation. Stone Eagle agrees to and does hereby indemnify and hold harmless Peter Scheer from every claim or demand made, and every liability, loss damages or expense of any nature whatsoever arising out of or in connection with this agreement of related cleanup, repair, and maintenance within your property in the Bruce Creek area that are caused by the negligent acts or intentional acts of Stone Eagle or it's agents, employees, contractors, or sub contractors. If you have any questions, please call ine at 831-6745 or 837-2550. I appreciate your help, and look forward to hearing from you soon. Sincerel_y, � - + � ' � f+1 <. d"'�-- Nizar Farhat Project Engineer Stone Eagle Development l� l� " �� / -_--F��t;�n.�C �ie I�r�. ., f';t�m�z�ert,�.;a,�r0 'i�i_�. ��.C•�l�i)F`5�101:."�.p'_l.�I , , ii��,�- STO 1�� G L� December 19,2008 Majac Ltd Partnership 39935 Vista Del Sol Rancho Mirage,CA 92270 Re: Site Access and Indemnity Agreement for Bruce Creek and Ramon Creek To whom it may concern: In accordance with the proposed Maintenance Agreement between Stone Eagle and the City of Palm Desert, Stone Eagle is required, if the property owner consents,to perform certain visual inspections and to perform testing and mitigation within the reaches of Bruce Creek and Ramon Creek as shown on Exhibit B of the attached Site Access and Indemnity Agreement. Stone Eagle staff and consultants will be required to access the property on a weekly basis to perform visual inspections. Water quality testing will be done on an annual basis. Mitigation and maintenance will consist of the removal of non-native plans and mitigation and remediation of potential mosquito breeding sites in the Inspection Area. This mitigation and maintenance will occur on an on-going basis within the channel limits. Please execute the attached Agreement and return to: Attn: Kris Schulze 72-450 Stone Eagle Drive Palm Desert, CA 92260 Upon our receipt of the signed agreement,the agreement will be executed by Stone Eagle and one fully executed copy will be returned to you for your file. If the attached agreement is not returned by January 9,2009, we will assume that you do not want Stone Eagle to provide the inspection and maintenance services as outlined in Section 2.2 of the Maintenance Agreement. Please call Kris Schulze at 760-404-9971 should you have any questions regarding this Agreement. Sincerely, ennon,President J2-500 Stone Eag�e Drive,Pa�m Desert,CA J22E+0 J60.JTj.G223 FaxJr0.7j5.r22.4 SITE ACCESS AND INDEMNITY AGREEMENT This Site Access and Indemnity Agreement (the "Access AgreemenY') is made this day of , 200 between Stone Eagle Development, LLC ("Stone Eagle") and Majac Ltd Partnership("Owner"). RECITALS: M. Owner is the owner of certain real property described on Exhibit A attached hereto (the"Property"); N. In accordance with that certain ivlaintenance Agreement dated as of , 200 , by and between Stone Eagle and the City of Palm Desert(the"MA"), Stone Eagle is required, if Owner consents, to perform certain visual inspections of Bruce Creek and Ramon Creek (collectively, the"Creeks")on the locations on the Property shown on Exhibit B, and to perform testing and mitigation as set forth in Sections 2.2.2 and 2.2.3 of the MA. NOW,THEREFORE, Stone Eagle and�wner hereby agree as follows: l. Term. The term of this Access Agreement shall commence on the date hereof and shall end at 5:00 P.M. Pacific Time on the tenth (lOth) anniversary hereof; provided, however, that unless Stone Eagle and Owner execute a termination of this Access Agreement on or before said tenth (lOth) anniversary hereof, this Access Agreement shall be deemed extended for an addition ten (10) year period, and unless such a termination is thereafter executed this Access Agreement shall continue to be renewed for successive ten(10) year periods. 2. Access Ri�hts and Conditions. Owner grants to Stone Eagle and its employees, agents, consultants, contractors, and subcontractors (hereinafter collectively referred to as "Stone Eagle's Agents") a license for reasonable access to and use of the Property for the purposes set forth herein during the Term. 3. Indemnification. Except to the extent that any and all claims, suits, actions, damages, costs, liabilities, obligations, judgments, fines, penalties and expenses, including without limitation reasonable attorneys' fees and court costs (collectively "Claims") are released, settled, or otherwise discharged by reason of any insurance coverage maintained by Stone Eagle or the Stone Eagle Agents, and except to the extent caused by the actions or inactions of Owner and Owner's employees, agents, consultants, contractors, and subcontractors, Stone Eagle agrees to indemnify, defend and hold harmless Owner from and against any and all Claims resulting from or arising out of the work performed by Stone Eagle or the Stone Eagle Agents pursuant to the MA,but only if such entry or activity are the proximate cause of: (i) any injury or death of any person in, at, or under the Property; or (ii) any damage or loss to any property in, at or under the Property; provided, however, that Stone Eagle's aforesaid indemnification shall not cover, and Stone Eagle shall not be liable for, any consequential damages, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Property, suffered by Owner or suffered by any other person or entity resulting from any such entry or activity conducted by Stone Eagle or the Stone Eagle Agents, nor for any direct or consequential damages or loss of value that Owner might incur as a result of any environmental contamination not caused by Stone Eagle which is discovered or otherwise released in, upon, 41317845.3 under, or about the Property as a result of Stone Eagle's or the Stone Eagle Agents' entry or activity. 4. Modification. This Access Agreement shall not be modified except in writing signed by both Parties. 5. Choice of Law. This Access Agreement shall be construed in accordance with the laws of the State of Califorriia. IN WITNESS WHEREOF, Stone Eagle and Owner have executed this Access Agreement as of the date first written above. DECLARANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPORATION, a California corporation, Manager of Stone Eagle Developrnent,LLC,a Delaware limited liability company By: Ted Lennon,President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: OWNER: Print Name: Print Name: 41317845.3 Exhibit A Description of Property Majac Ltd Partnership APN 628-350-023 [to be attached] 413178453 i , . • , � �� a�g � A � . " �� n =� � N C7 L01'�> � . �,n �` nw-�i-��v �o{� � . o ��• `� 9 � v' � � F�� S'' � . ! L^ -- � � O� m y S4 � � - �+� � � � O .. 'u� � O % 5d�� U X O N f � '� � � .t�4 �� • � � N�1 �.r� )�!. � �T-i �� IIS.SY ae PM19=/3 -�y� � �� i � _ 5 �X'� N 9 � �O V� � � � O .� N y � � �� 0,. � � n Q 9 9 � � S � O � O � •o LOT E LOT D ^ l0T C m �— s PAaVTED CANYON RD ".." ,...�. V; LOi C LOT B LOT A Pn�� F.S� -� v i "� SI ' �' '�� = � ..� � � O O � O i ro! u : I fiil -61i � rA �j p m �O p I ' �: I �i 15� tl].1 � C 129./Y I[. 2; ' , a __._._.._....y) t�; m � Cj u � fA� s ' � 'D i '"�� $ O � O � � i �i r 2� t' (71 Z ` N m i cn - D w � � c...ve an.ae m� � x�� --i nw' W�l cn rn � � v _ �ZI � � O � O •j� m i , �� sce.ic cta.�c m � Pti . 2 1 _ � 0 - � � - � � ce�.oe cn,n v v v �.._.. �...n ....a. s..,. ....a r �" L ' O u > � � � <.. � v '� 1 � � � re..� � � � � � �J {`! II � A OO �l �l I..� SL %y (� � � {� � �1 � O . u y � + o V _p.� O � � � N � "�� 0 � _ a v = p �p! �s.ee � � �._,.__I J �O ��` A .(^.. � � , `\�� O � '� Noh/2-�OE n�.�a R.SE. css.q �a.n � R.6E. � �v-'• - -`P Y � -- . N � g �- v' 00 �x --- �-- � j '�'m `" �l.� � N x $ � � �� fe Y�. ^�]fflC�� =S5(G'.X7i-y � , ��,�1�- S�rar�� L-� December 19,2008 Bill and Antoinette Carver 72-275 Upper Way West Palm Desert,CA 92260 Re: Site Access and Indemnity Agreement for Bruce Creek and Ramon Creek Dear Mr. and Mrs. Carver: . In accordance with the proposed Maintenance Agreement between Stone Eagle and the City of Palm Desert, Stone Eagle is required, if the property owner consents,to perform certain visual inspections and to perform testing and mitigation within the reaches of Bruce Creek and Ramon Creek as shown on Exhibit B of the attached Site Access and Indemnity Agreement. Stone Eagle staff and consultants will be required to access the property on a weekly basis to perform visual inspections.Water quality testing will be done on an annual basis. Mitigation and maintenance will consist of the removal of non-native plans and mitigation and remediation of potential mosquito breeding sites in the Inspection Area. This mitigation and maintenance will occur on an on-going basis within the channel limits. Please execute the attached Agreement and return to: Attn: Kris Schulze 72-450 Stone Eagle Drive Palm Desert,CA 92260 Upon our receipt of the signed agreement,the agreement will be executed by Stone Eagle and one fully executed copy will be returned to you for your file. If the attached agreement is not returned by January 9,2009,we will assume that you do not want Stone Eagle to provide the inspection and maintenance services as outlined in Section 2.2 of the Maintenance Agreement. Please call Kris Schulze at 760-404-9971 should you have any questions regarding this Agreement. Sincerely, Le on,President �2-500 Stone Ea��e Drive,Pa�m Desert,lA J2Zr0 ;c;O.jj'i.�223 Fax��O.�Ji_��22-t SITE ACCESS AND INDEMNITY AGREEMENT This Site Access and Indemnity Agreement (the "Access Agreement") is made this day of , 200 between Stone Eagle Development, LLC ("Stone Eagle") and William and Antoinette Carver("Owner"). RECITALS: Q. Owner is the owner of certain real property described on Exhibit A attached hereto (the"Property"); R. In accordance with that certain Maintenance Agreement dated as of , 200 , by and between Stone Eagle and the City of Palm Desert (the"MA"), Stone Eagle is required, if Owner consents, to perform certain visual inspections of Bruce Creek and Ramon Creek (collectively, the "Creeks") on the locations on the Property shown on Exhibit B, and to perform testing and mitigation as set forth in Sections 2.2.2 and 2.2.3 of the MA. NOW,THEREFORE, Stone Eagle and Owner hereby agree as follows: 1. Term. The term of this Access Agreement shall commence on the date hereof and shall end at 5:00 P.M. Pacific Time on the tenth (10`h) anniversary hereof; provided, however, that unless Stone Eagle and Owner execute a termination of this Access Agreement on or before said tenth (10�') anniversary hereof, this Access Agreement shall be deemed extended for an addition ten (10) year period, and unless such a termination is thereafter executed this Access Agreement shall continue to be renewed for successive ten(10)year periods. 2. Access Ri�hts and Conditions. Owner grants to Stone Eagle and its employees, agents, consultants, contractors, and subcontractors (hereinafter collectively referred to as "Stone Eagle's Agents") a license for reasonable access to and use of the Property for the purposes set forth herein during the Ter►n. 3. Indemnification. Except to the extent that any and all claims, suits, actions, damages, costs, liabilities, obligations, judgments, fines, penalties and expenses, including without limitation reasonable attorneys' fees and court costs (collectively "Claims") are released, settled, or otherwise discharged by reason of any insurance coverage maintained by Stone Eagle or the Stone Eagle Agents, and except to the extent caused by the actions or inactions of Owner and Owner's employees, agents, consultants, contractors, and subcontractors, Stone Eagle agrees to indemnify, defend and hold harmless Owner from and against any and all Claims resulting from or arising out of the work performed by Stone Eagle or the Stone Eagle Agents pursuant to the MA, but only if such entry or activity are the proximate cause of: (i) any injury or death of any person in, at, or under the Property; or (ii) any damage or loss to any property in, at or under the Property; ron vided, however, that Stone Eagle's aforesaid indemnification shall not cover, and Stone Eagle shall not be liable for, any consequential damages, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Property, suffered by Owner or suffered by any other person or entity resulting from any such entry or activity conducted by Stone Eagle or the Stone Eagle Agents, nor for any direct or consequential damages or loss of value that Owner might incur as a result of any environmental contamination not caused by Stone Eagle which is discovered or otherwise released in, upon, 413178453 under, or about the Property as a result of Stone Eagle's or the Stone Eagle Agents' entry or activity. 4. Modification. This Access Agreement shall not be modified except in writing signed by both Parties. 5. Choice of Law. This Access Agreement shall be construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, Stone Eagle and Owner have executed this Access Agreement as of the date first written above. DECLARANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE C�RPORATION, a California corporation, Manager of Stone Eagle Development, LLC, a Delaware limited liability company By: Ted Lennon, President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: OWNER: Print Name: Print Name: 41317845.3 Exhibit A Description of Property William and Antoinette Carver APN 628-130-010 and APN 628-130-012 [to be attached] 41317845.3 � . • • . � O 1�) _ �N� � �� ,� N � N �� " � � � � � wouvw ti• ..w � �� a � �----- �,n T+ � . �' � i�� . �� _ �� 4 6�� (� .: ��.�'/T 3Ofi sO� aOL'i � ��„� b � � " � S! S7 � Q �� i �� , r '� � _. .____"_ IM�1A u` � � I I � �� ~ 'g• N N �� I I �i�iO `D ' �i I ~ i 11� I �� m I 'pi. � cwi� N : �' _ � 8 6 � i -o� I, O � ; '� O� =0� �' ` O : ; �mi ; n`=� , � � a • r"g � . v --�; � ; n -o i C vl � �� j; , � _ � _� , I < � � m (�� .. ; �f ; j p..... i � p� I � ~_ — �\,�� rnl i �. � I � tni o �i � � �� 1 � �• Zj � I— sa�al Noo��w � � > Z '_ A! : __: r .�.. .mm o �a .� � , _ � o N ; � , � �� N � " � ,,, s ..._.___...._....._ m v� I � b �; ti � -i: `�� i � m` —'• I �\� D, r,� n! � ('s; a O � r� O� mi , ' (�� fh 4� y � � � tn� � - - I Ni '' A Z� 1 I � s X C7; =Z� � � �� pI � � � r �� D�� g .�! 'v i �nn, .a�.. i p � ; _---- G:i �� i� ; Q 8 m, � zi � rn� � � i O A ____�� m � a 9 l� � a Q� � ; ��:�� ,, � OS � ;� � ' O � ( m ► o ' � ��. _.:�.:e- �Aw �. W N � O � p r m O� � '� � �: '� � �� a_=_ - o � � � w =�� n��zkra' . , , ��'�'""�' STO 1�� .G L� December 19, 2008 Craig and Ginette Reisfield 48005 Painted Canyon Road Palm Desert,CA 92260 Re: Site Access and Indemnity Agreement for Bruce Creek and Ramon Creek Dear Mr. and Mrs. Reisfield: In accordance with the proposed Maintenance Agreement between Stone Eagle and the City of Palm Desert, Stone Eagle is required,if the property owner consents,to perform certain visual inspections and to perform testing and mitigation within the reaches of Bruce Creek and Ramon Creek as shown on Exhibit B of the attached Site Access and Indemnity Agreement. Stone Eagle staff and consultants will be required to access the property on a weekly basis to perform visual inspections. Water quality testing will be done on an annual basis. Mitigation and maintenance will consist of the removal of non-native plans and mitigation and remediation of potential mosquito breeding sites in the Inspection Area. This mitigation and maintenance will occur on an on-going basis within the channel limits. Please execute the attached Agreement and return to: Attn: Kris Schulze 72-45� Stone Eagle Drive Palm Desert, CA 92260 Upon our receipt of the signed agreement, the agreement will be executed by Stone Eagle and one fully executed copy will be returned to you for your file. If the attached agreement is not returned by January 9,2009,we will assume that you do not want Stone Eagle to provide the inspection and maintenance services as outlined in Section 2.2 of the Maintenance Agreement. Please call Kris Schulze at 760-404-9971 should you have any questions regarding this Agreement. Sincerely, Te nnon,President ,'2-500 Stone Ea�Ie Drive,Pa�m Desert,CA 922r0 J��O?j3.o�223 f�ax7o0.?J�.c22-i� SITE ACCESS AND INDEMNITY AGREEMENT This Site Access and Indemnity Agreement (the "Access Agreement") is made this day of , 200 between Stone Eagle Development, LLC ("Stone Eagle") and Craig and Ginette Reisfield("Owner"). RECITALS: A. Owner is the owner of certain real property described on Exhibit A attached hereto (the"Property"); B. In accordance with that certain Maintenance Agreement dated as of , 200 , by and between Stone Eagle and the City of Palm Desert(the"MA"), Stone Eagle is required, if Owner consents, to perform certain visual inspections of Bruce Creek and Ramon Creek (collectively,the"Creeks") on the locations on the Property shown on Exhibit B, and to perform testing and mitigation as set forth in Sections 2.2.2 and 2.2.3 of the MA. NOW,THEREFORE, Stone Eagle and Owner hereby agree as follows: 1. Term. The term of this Access Agreement shall commence on the date hereof and shall end at 5:00 P.M. Pacific Time on the tenth(10`�) anniversary hereof; provided, however, that unless Stone Eagle and Owner execute a termination of this Access Agreement on or before said tenth (10`h) anniversary hereof, this Access Agreement shall be deemed extended for an addition ten (10) year period, and unless such a termination is thereafter executed this Access Agreement shall continue to be renewed for successive ten(10) year periods. 2. Access Ri�hts and Conditions. Owner grants to Stone Eagle and its employees, agents, consultants, contractors, and subcontractors (hereinafter collectively referred to as "Stone Eagle's Agents") a license for reasonable access to and use of the Property for the purposes set forth herein during the Term. 3. Indemnification. Except to the extent that any and all claims, suits, actions, damages, costs, liabilities, obligations, judgments, fines, penalties and expenses, including without limitation reasonable attorneys' fees and court costs (collectively "Claims") are released, settled, or otherwise discharged by reason of any insurance coverage maintained by Stone Eagle or the Stone Eagle Agents, and except to the extent caused by the actions or inactions of Owner and Owner's employees, agents, consultants, contractors, and subcontractors, Stone Eagle agrees to indemnify, defend and hold harmless Owner from and against any and all Claims resulting from or arising out of the work performed by Stone Eagle or the Stone Eagle Agents pursuant to the MA,but only if such entry or activity are the proximate cause of: (i) any injury or death of any person in, at, or under the Property; or (ii) any damage or loss to any property in, at or under the Property; provided, however, that Stone Eagle's aforesaid indemnification shall not cover, and Stone Eagle shall not be liable for, any consequential damages, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Property, suffered by Owner or suffered by any other person or entity resulting from any such entry or activity conducted by Stone Eagle or the Stone Eagle Agents, nor for any direct or consequential damages or loss of value that Owner might incur as a result of any environmental contamination not caused by Stone Eagle which is discovered or otherwise released in, upon, 413178453 under, or about the Property as a result of Stone Eagle's or the Stone Eagle Agents' entry or activity. 4. Modification. This Access Agreement shall not be modified except in writing signed by both Parties. 5. Choice of Law. This Access Agreement shall be construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, Stone Eagle and Owner have executed this Access Agreement as of the date first written above. DECLARANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPORATION, a California corporation,Manager of Stone Eagle Development, LLC,a Delaware limited liability company By: Ted Lennon, President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: OWNER: Print Name: Print Name: 413178453 Exhibit A Description of Property Craig and Ginette Reisfield APN 628-350-002 [to be attached] 41317845.3 i . . . � ��,� a�"' 0 A � 4� �.�$ � � O g � ia%�' .. - N � h` ...-.,... i �� ^ � � '• '�� O� f^�/� • : ��$ � a s�� . � � � � u� � � x = ��yyy 4� }� N � O,�Ot, y _�e L s F"'' � c�R N n �.r� � su.t. c•.a. �Li 11S.St Bi PM{9t/3 � � °e �, � � � ; m� ��3 � � u m pI . � �i O u � ; (n �yv� �T t F a"R � ' ?V 1 iS O ' Li�-� �s P� �� , ., ... s m i a a ; ' " � w � � O � I o j�'•,�` � > •r s � i] O 4 N � `\ �' '� , LOT E LOT D w LOT C °0 �- = PARVTED CANYON RD "''" �Li.l� lOT C LOT B LOi A P„�� N� V N�� $I ..� � � � � � � u : �� O�I o' �, ^'I ISY []),I � IH.Y� 1[0 � • �.�_.......� V .� u ry� � � � Q - ^ � � � � rn z . cr� � rn y w W � : .�...� .�..�. O T O . X _ —1 N Z L � w� N O - .�m � _ � ° � O � O �- z � V - �' ? �i � fT1 i f� � � z 6L0JC T 66l.7C �' y i tT I 7 • —i � O � O ---- i6�.M LN.1� � 'O �a�.�� s�.�a �u.a� as�.a� � � = O [G W \ \ � a A V 1 � ie.e� cr o • � � � 0 0 0 � � {; s `' � � o u�' 0 8 O �d w '" � O ^ � O --� o � � � � � � 0o N ti y = � 75.IA � � � io � O� p • � �ar..s � cp �e•�-�oE 37l.�3 R.SE. ese..� fl.6E. Y `d v� = yR��Y � -- � N o e '� � � � ti ti � � � J �, (� W __- N x Cl7 » �t»7t$C"� � ca a%a '.�'ak ..a . � ti I�✓�� STOT�I� ��GL� December 19, 2008 Jerold Meints 71450 Painted Canyon Road Palm Desert, CA 92260 Re: Site Access and Indemnity Agreement for Bruce Creek and Ramon Creek Dear Mr. Meints: In accordance with the proposed Maintenance Agreement between Stone Eagle and the City of Palm Desert, Stone Eagle is required, if the property owner consents,to perform certain visual inspections and to perform testing and mitigation within the reaches of Bruce Creek and Ramon Creek as shown on Exhibit B of the attached Site Access and Indemnity Agreement. Stone Eagle staff and consultants will be required to access the property on a weekly basis to perform visual inspections. Water quality testing will be done on an annual basis. Mitigation and maintenance will consist of the removal of non-native plans and mitigation and remediation of potential mosquito breeding sites in the Inspection Area. This mitigation and maintenance will occur on an on-going basis within the channel limits. Please execute the attached Agreement and return to: Attn: Kris Schulze 72-450 Stone Eagle Drive Palm Desert,CA 92260 Upon our receipt of the signed agreement,the agreement will be executed by Stone Eagle and one fully executed copy will be returned to you for your file. If the attached agreement is not returned by January 9,2009,we will assume that you do not want Stone Eagle to provide the inspection and maintenance services as outlined in Section 2.2 of the Maintenance Agreement. Please call Kris Schulze at 760-404-9971 should you have any questions regarding this Agreement. Sincerely, Le o , reside 72-500 Stone Ea�Ie Drive,Pa�m Desert,C A)22[O 7�0-77�.�u'��a�:76o.773.C2z.-� . , , , SITE ACCESS AND INDEMNITY AGREEMENT This Site Access and Indemnity Agreement (the "Access AgreemenY') is made this day of , 200 between Stone Eagle Development, LLC ("Stone Eagle") and Jerold Meints Trust("Owner"). RECITALS: C. Owner is the owner of certain real property described on Exhibit A attached hereto (the"Property"); D. In accordance with that certain Maintenance Agreement dated as of , 200_, by and between Stone Eagle and the City of Palm Desert(the"MA"), Stone Eagle is required, if Owner consents, to perform certain visual inspections of Bruce Creek and Ramon Creek (collectively, the"Creeks") on the locations on the Property shown on Exhibit B, and to perform testing and mitigation as set forth in Sections 2.2.2 and 2.23 of the MA. NOW,THEREFORE, Stone Eagle and Owner hereby agree as follows: 1. Term. The term of this Access Agreement shall commence on the date hereof and shall end at 5:00 P.M. Pacific Time on the tenth (10`h) anniversary hereof; provided, however, that unless Stone Eagle and Owner execute a termination of this Access Agreement on or before said tenth (10`�) anniversary hereof, this Access Agreement shall be deemed extended for an addition ten (10) year period, and unless such a termination is thereafter executed this Access Agreement shall continue to be renewed for successive ten(10) year periods. 2. Access Ri�hts and Conditions. Owner grants to Stone Eagle and its employees, agents, consultants, contractors, and subcontractors (hereinafter collectively referred to as "Stone Eagle's Agents") a license for reasonable access to and use of the Property for the purposes set forth herein during the Term. 3. Indemnification. Except to the extent that any and all claims, suits, actions, damages, costs, liabilities, obligations, judgments, fines, penalties and expenses, including without limitation reasonable attomeys' fees and court costs (collectively "Claims") are released, settled, or otherwise discharged by reason of any insurance coverage maintained by Stone Eagle or the Stone Eagle Agents, and except to the extent caused by the actions or inactions of Owner and Owner's employees, agents, consultants, contractors,and subcontractors, Stone Eagle agrees to indemnify, defend and hold harmless Owner from and against any and all Claims resulting from or arising out of the work performed by Stone Eagle or the Stone Eagle Agents pursuant to the MA,but only if such entry or activity are the proximate cause of: (i) any injury or death of any person in, at, or under the Property; or (ii) any damage or loss to any property in, at or under the Property; rop vided, however, that Stone Eagle's aforesaid indemnification shall not cover, and Stone Eagle shall not be liable for, any consequential damages, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Property, suffered by Owner or suffered by any other person or entity resulting from any such entry or activity conducted by Stone Eagle or the Stone Eagle Agents, nor for any direct or consequential damages or loss of value that Owner might incur as a result of any environmental contamination not caused by Stone Eagle which is discovered or otherwise released in, upon, 413178453 under, or about the Property as a result of Stone Eagle's or the Stone Eagle Agents' entry or activity. 4. Modification. This Access Agreement shall not be modified except in writing signed by both Parties. 5. Choice of Law. This Access Ap-eement shall be construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, Stone Eagle and Owner have executed this Access Agreement as of the date first written above. DECLAR.ANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPORATION, a California corporation,Manager of Stone Eagle Development, LLC, a Delaware limited liability company By: Ted Lennon, President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: OWNER: Print Name: Print Name: 413178453 . . . , Exhibit A Description of Property Jerold Meints Trust APN 628-350-0023 [to be attached] 413178453 i _ . . _ � �� a�F � � � �� ^ � . R-� C") ia��' : . O � �o �..-.,_..� _ �� ; � � ��. � o 9�6� O� �� a �� " � Y —I D �� '{� � � � � �� a w � �. ii 11 -1 , �+ � S� t� R �� u� �' O� 9 .�°�^ �� M� �T� ��.�� u< � 135.5! BO YM192/' � �� o � O � � � � N � �� J u g � � �� P- N .. � w � � � .� � � 6� � O `" O N •S �- � L0T E LA7 0 ^ LOT C m s PAINTED CANYON RD "''" IY9.1� � LOT C L0T B LOT A rnn�i�� (J „� �'v a '' rn�p r� � :�0� � � � O � � O � � � 0 - ° s u ,� .. m �� '�D�i -� '{ O� � "'� N �. � ISi l31.1 �1 C I �� 1�. � • ..._ � $ "�1 � d rn � � m -�'i = � O � O � _ n o � i � � . � z N m " A w � � cs�.oe cc�.ae O rn Z oa X� —1 N x Z Vi rn �in '� � � � 0 � 0 � A� � � � � � I 66�.]C cca.�c m � � . z -� W � � - � Q " «..,. «..,. � � � ,..... ..,.,, ....,. ,,..,, ,,..,, � � � - O N 4 � y \ \ \ W > � "� .�.. 1ie tl.�� (f � • � � � , � � � p c 00 � v �1:O �O � � w u � O n � O -i +�l a O b�'S � � �j O � �j .Z7 Oo N � r Z y� {� � Y — � TS.BB � G7 �. �p A � � O b � rm�-el-o0[ aa�.�3 �R.SE. es�..� �a�.0 � R.6E. '� - yyx x O` -- � N g€ g �-- � o0 _ �• C � o j .A�n � __' N "w� CT7 Y M n Y N C"� _� �S oa �faa�sba6 i��- 570t�� Gt-� December 19,2008 Stone Haven LLC 39935 Vista Del Sol#l02 Rancho Mirage,CA 92270 Re: Site Access and Indemnity Agreement for Bruce Creek and Ramon Creek To whom it may concern: In accordance with the proposed Maintenance Agreement between Stone Eagle and the City of Palm Desert, Stone Eagle is required,if the property owner consents,to perform certain visual inspections and to perform testing and mitigation within the reaches of Bruce Creek and Ramon Creek as shown on Exhibit B of the attached Site Access and Indemnity Agreement. Stone Eagle staff and consultants will be required to access the property on a weekly basis to perform visual inspections. Water quality testing will be done on an annual basis. Mitigation and maintenance will consist of the removal of non-native plans and mitigation and remediation of potential mosquito breeding sites in the Inspection Area. This mitigation and maintenance will occur on an on-going basis within the channel limits. Please execute the attached Agreement and return to: Attn: Kris Schulze 72-450 Stone Eagle Drive Palm Desert, CA 92260 Upon our receipt of the signed agreement, the agreement will be executed by Stone Eagle and one fully executed copy will be returned to you for your file. If the attached agreement is not returned by January 9, 2009,we will assume that you do not want Stone Eagle to provide the inspection and maintenance services as outlined in Section 2.2 of the Maintenance Agreement. Please call Kris Schulze at 760-404-9971 should you have any questions regarding this Agreement. Sincerely, i n on, President �2-500 Stone Ea�e Drive,Pa�m Desert,CA 92260 7rO.7J�.i 223 Fax?t O.JJi.r22� SITE ACCESS AND INDEMNITY AGREEMENT This Site Access and Indemnity Agreement (the "Access Agreement") is made this _ day of , 200 between Stone Eagle Development, LLC ("Stone Eagle") and Stone Haven, LLC("Owner"}. RECITALS: G. Owner is the owner of certain real property described on Exhibit A attached hereto (the"Property"); H. In accordance with that certain Maintenance Agreement dated as of , 200 , by and between Stone Eagle and the City of Palm Desert (the "MA"), Stone Eagle is required, if Owner consents, to perform certain visual inspections of Bruce Creek and Ramon Creek (collectively, the"Creeks")on the locations on the Property shown on Exhibit B, and to perform testing and mitigation as set forth in Sections 2.2.2 and 2.2.3 of the MA. NOW,T�IEREFORE, Stone Eagle and Owner hereby agree as follows: 1. Term. The term of this Access Agreement shall commence on the date hereof and shall end at 5:00 P.M. Pacific Time on the tenth (10`h) anniversary hereof; provided, however, that unless Stone Eagle and Owner execute a termination of this Access Agreement on or before said tenth (10`�') anniversary hereof, this Access Agreement shall be deemed extended for an addition ten (10) year period, and unless such a termination is thereafter executed this Access Agreement shall continue to be renewed for successive ten(10)year periods. 2. Access Rights and Conditions. Owner grants to Stone Eagle and its employees, agents, consultants, contractors, and subcontractors (hereinafter collectively referred to as "Stone Eagle's Agents") a license for reasonable access to and use of the Property for the purposes set forth herein during the Term. 3. Indemnification. Except to the extent that any and all claims, suits, actions, damages, costs, liabitities, obligations, judgments, fines, penalties and expenses, including without limitation reasonable attorneys' fees and court costs (collectively "Claims") are released, settled, or otherwise discharged by reason of any insurance coverage maintained by Stone Eagle or the Stone Eagle Agents, and except to the extent caused by the actions or inactions of Owner and Owner's employees, agents, consultants, contractors, and subcontractors, Stone Eagle agrees to indemnify, defend and hold harmless Owner from and against any and all Claims resulting from or arising out of the work performed by Stone Eagle or the Stone Eagle Agents pursuant to the MA,but only if such entry or activity are the proximate cause of: (i) any injury or death of any person in, at, or under the Property; or (ii) any damage or loss to any property in, at or under the Property; provided, however, that Stone Eagle's aforesaid indemnification shall not cover, and Stone Eagle shall not be liable for, any consequential damages, temporary loss of business, lost profits, or lost opportunity damages at or arising from the Property, suffered by Owner or suffered by any other person or entity resulting from any such entry or activity conducted by Stone Eagle or the Stone Eagle Agents, nor for any direct or consequential damages or loss of value that Owner might incur as a result of any environmental contamination not caused by Stone Eagle which is discovered or otherwise released in, upon, 41317845.3 under, or about the Property as a result of Stone Eagle's or the Stone Eagle Agents' entry or activity. 4. Modification. This Access Agreement shall not be modified except in writing signed by both Parties. 5. Choice of Law. This Access Agreement shall be construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, Stone Eagle and Owner have executed this Access Agreement as of the date first written above. DECLARANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPORATION, a California corporation, Manager of Stone Eagle Development, LLC, a Delaware limited liability company By: Ted Lennon, President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: OWNER: Print Name: Print Name: 413178453 Exhibit A Description of Property Stone Haven, LLC APN 628-350-006 [to be attached] 413178453 i �i , . . �� o � A� W �� f'� ia%�� D,A y` ...-.,-.o. i �� . O ��• 96 S VJ O .. $ � � o � � � 0� �� . � � _ � � � � ' � �� ) A �1 � � �l O K 9 uZ� yn � O X �� N M � O� ~ ',, �� p A � sea.�. y�� 135.5� Bi r PN19Q/) � C` �� ,Ij O ys - O p�� „ ' ' �� ¢ �� TA ! q � � N�j � P a o _ .. .. �.. o N = ' � - 0 � � � O � � s � � w N o LOT E LOT D ^ LOT C m �— s PA6�ITED CANYON RD "•." 120.11 � L01 C LOT B LOi A rn�e�n� � �� $� � ; �' �� ' .� � � - O O � O � Oi u .. ! rn� y3 •� �I i �I e: �iON 1 � �i is� e3e.� _ . i e.ao ie�.� s zI � _._... g N N � m ! �� s °j �'' a � i -�� O m; � O O; ' n � ! � T� � � n �f � C j • '�,, y rn m � �---� W z� w . _..__........; 3� o, � � cn.�e sc�.ve m Z O xa � N =z �„ O �m � rn � �� u K' �z 70 g O ts Q '� 'v� > { r,., i � r � � ccs.�a cca.�c m m 3 , m . z -i - � 0 . - � Q _ � �, n caa.oo cn.ra v � ....o �w.�• ew.n »..a .u.a � � � ' O ap 00 V \ \ \ 4 ? �J i P !.e ».s� fJ� O . � � � � � o � O �O � r a � Q � O m V V N � W N N e b . ^1 � � � u� � � O � O � � � OO N � y � D O G rs,eo � c-� u A .!^�. � C.1� • O� � NOl-B2-ICC 33l.�3 R.SE. L33.�3 ��•�� R.6E. '6 ' a $ � . N g g � o0 � � N �. o J � W . u�+ --- -- na ■ CT7 ~~ � � � _ A1�L'=9 � ca�tix��ti � �� :..��,�� February 11, 2409 - �� Mark Crreenwood,P.E. �' �`�G��`��'��,��C��=r��,�7�,"��,�'� Director of Public Works City of Pa1m Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Re: Tract 30438—Outstanding Bonds Dear Mark: We respectf�.�lly request that the following bonds be released since the associated work has been completed. The golf course and residential grading has been completed for several years. Bond No. Amount of Bond Associated Work Fidelity 8881925 $316,1OS Golf Course Grading Federal Insurance Company 8I95-79-70 $109,183 Residential Grading Federal Insurance Company 8195-79-b9 $ 74,800 , PM 10,Dust Control If the PM 10/Dust Control Bond can not be released in its entirety,we would like to reduce to the bond amount to cover the remaining 31 undeveloped lots. All other permanent dust cantrol measures are in place for the golf course and developed lots. As you are aware,we have posted a$50,000 m.ain.tenance bond{Fidelity Bond 8881989)£or the on going creek maintenance. The bonds in question are unrelated to the maintenance of Bruce Creek and Ramon Creek and should be released based on the completion of the work for which the bonds were required. We aze anxious to finalize the maintena�ce agreement with the City and will continue our on going maintenance as required by the agreeznent and as secured by the nnaintenance bond. Please call me at 7b0-674-2200 if you have any questions regarding this request. Your assistance is greatly appreciated. Sincerely, Lennon,P ' e�t Stone Eagle Cc Dave Erwin, Best Best and Krieger 7z-4go Stone�a��e Drive,pa�m pesert,CA 9ZLF0 � 76o.r�3.GZZ3�ax76o.��3.6zZ4 Contract No. C28130 CITY OF PALM DESE PUBLIC WORKS DEPAR M�� G�� y `�� coNTit�u�n To �� y �� STAFF REPORT [� PASSEB 70 2N0 READING REQUEST: Accept the Hearing Director's Recommendations Regarding Stone Eagle Golf Course, Accept the Project as Complete, Release the Securities, and Authorize the Mayor to Execute the Maintenance Agreement SUBMITTED BY: Mark Greenwood, P.E., Director of P or�� ,�. APPLICANT: Stone Eagle ��;�� - �� 74-001 Reserve Drive �._.,/ Indian Wells, CA 92210 � ��yii�f��T�.��,_„�'�,-�j,�-�� DATE: August 28, 2008 �' P��7��'�FiGiE��;� CONTENTS: Staff Report to Director's Hearing Dated 01-1 - Minutes to Directar's Hearing 01-17-08 Director's Hearing Recommendations Memo Contacts List for 01-17-08 Director's Hearing Maintenance Agreement with Exhibits Recommendation: That City Council, by Minute Motion: 1.) Accept the recommendations resulting from the Stone Eagle Golf Course Impacts Director's Hearing; 2.) Accept the golf course project as complete; 3.) Release the associated securities; and 4.) Authorize the Mayor to execute the maintenance agreement. Discussion: Soon after completion of the Stone Eagle Golf Course, complaints were received by the Public Works Department regarding what appeared to be excessive runoff from golf course irrigation. Staff performed extensive investigations over a period of approximately two years, and conducted public information meetings with affected residents in an effort to thoroughly identify and resolve their concerns. _..._____...__.....�.r„._�„ �-= ---- - ---- - The investigation concluded with a Director's Hearing on January 17, 2008, at which time input was received from affected residents, the developer, environmental professionals, and City staff. Each issue was thoroughly discussed and documented {see the staff report and minutes of the hearing, attached). While it is unlikely that there is or will ever be unanimous satisfaction, staff is confident that all of the significant concerns have been appropriately addressed. Accept Stone Eagle Golf Course and Release Securities Page 2 of 2 August 28, 2008 The results of the Director's Hearing are found in a report from Assistant City Attorney Bob Hargreaves, also attached. Mr. Hargreaves identifies specific issues regarding impacts resulting from golf course operations, provides acknowledgement of ineasures that have already been implemented, and recommends ongoing measures to prevent impacts from recurring. As part of the ongoing mitigation measures, Stone Eagle will be required to continue to perform weekly inspections of Bruce and Ramon creeks, and to provide acceptable documentation of these inspections to the City on a quarterly basis. City staff has the right to inspect the creeks quarterly and to recover the cost of these inspections from Stone Eagle. Stone Eagle will also conduct annual water quality testing, and is required to post a $50,000 performance bond to secure their performance. The golf course has been inspected by City staff and found to be in conformance with the project approvals, with the exception of several drainage pipes that concentrate drainage flows onto neighboring properties. Stone Eagle has agreed to modify these pipes to restore drainage flows to a more natural condition. Final approval of the golf course improvements is contingent upon successful completion of this relatively minor work. Staff has been contacted by a neighboring property owner regarding an access rights dispute with Stone Eagle. We have reviewed the records relating to this issue and has discussed the matter at length with the property owner and with Stone Eagle. It is the opinion of staff and the City Attorney that this is a private matter between the property owners and that the City has no regulatory nor enforcement responsibilities. Therefore, the Public Works Department recommends that Council accept and approve the recommendations from the Director's Hearing, accept the golf course construction project as complete, approve the release of the associated securities, and authorize the Mayor to execute the maintenance agreement. Fiscallmpact: None. Department H ad: ,� Approval: / � Mark Green od, P.E. Homer Croy Director of Public Works ACM for D pment Services Appro . ��- -�ar Carlos L. O City Mana r C1TY OF PALM DESERT PUB�IC WORKS DEPARTMENT �IRECTOR'S HEARING REPORT SUBJECT: Stone Eagle Golf Course Impacts DATE: January 17, 2008 CONTENTS: Water quality laboratory anaiysis reports Water quafity bioassay Report fram aquatic ecotoxicologist Report from veterinary toxicologist Minutes af 05-17-Q7 Director's Hearing Staff report dated 05-10-07 with attachments The City of Palm Desert has received a number of complaints regarding impacts from the Stone Eagle Go1f Course project. Through detailed investigation and application of mitigation measures, many of these complaints have been resolved. Hawever, three serious issues have required further investigation and are the subject of this report. 1. Runoff into Bruce Creek Bruce Creek is a blue-line stream within the jurisdiction of the U.S. Army Corps of Engineers. Residents and the project EIR have indicated that Bruce Creek was histarically dry except during periods of heavy rainfall. Since completion of the golf course, water has been visibly and continuousfy fl�wing in Bruce Creek. Staff has performed a number of field reviews and has found that water does indeed enter Bruce Creek from the golf course; however, water associated with the existing residential development was also observed flowing from tributaries to Bruce Creek. This water in the tributaries is [ikely the result of landscape irrigation systems as well as upstream constructian activi#y. Residents have installed various improvements and made modifications to the creek including construction of swimming paols, dams, channels, and the fike. Due to long-term human activities Bruce Creek can in no way be considered a pristine environment. Golf course irrigation runoff enters the creek by seeping through the canyon walls as well as by periodic surface flows. Residents have alleged that water in Bruce Creek has resulted in the proliferatian of mosquitoes and non-native plant species. In response, Stone Eagle has periodicalfy removed the intrusive vegetation on those properties to which they have been granted access. Staff Report for Stone Eagle Director's Hearing 01-17-OS In addition to the investigation and mitigation measures identified in the May 10, 2007 staff report, a highly detailed water quality analysis requiring the expertise of nine laboratories was performed. The results of this analysis were interpreted by aquatic ecotoxicologist Dr. Daniel Schlenk of UC Riverside and by veterinary toxicologist Dr. Robert Poppenga of UC Davis. The results of the water quality testing indicate that the water is wefl within accepted parameters for a creek. The water quality data has also been forwarded to all interested parties including affected residents, the developer, the Califarnia Regional Water C�uality Control Board, the California Department of F'ish and Game, and the Coachella Valley Mosquito and Vector Control District, for their review. Having carefully evaluated runoff into Bruce Creek and having consulfied with various experts, it is the apinion of staff that the project conforms to the enviranmental impact report, the conditions of approval, and the applicable city codes. However, the volume of water does present the potentiaf for unwanted vegetation grow#h and mosquito breeding; therefore, staff recommends that the following additional mitigation measures be imposed on the project: 1. Stone E�g(e shall perform weekly inspections and maintenance of. ._ retention pond and pump and provide quarteriy reports to the Director of Community Development. 2. Stone Eagle shail perfarm monthly inspectians of Bruce Creek (subject t� permission ta enter private properties); remove non-native plant species and potential mosquito-breeding sites, and provide written reports to the Director of Community Development. The Pu61ic Works Department will perform quarterly inspections at the expense of Stone Eagle. 3. Stone Eagle shall perform annual water quality bioassays in Bruce Creek by a City-approved labora#ory and provide a written report to the Director of Community Development. Stone Eagfe shall be responsible to manage and mitigate nitrates and toxins in Bruce Creek, to levels acceptable to the various agencies with jurisdiction in this matter. 4. Stone Eagle sha{I post with the City of Palm Dese�t a $50,000 cash deposit to be used in fhe event of non-performance by Stone Eagle_ 5. Stone Eagle shall enter into a maintenance agreemenfi with the City for Sto�e Eagle's management of non-native vegetation and pest contral, 2. Golf Course Road Residents have indicated that the di�t raad along the perimeter fencing is unnecessary and unsightly, and creates a PM-10 hazard. Stone Eagle has indicated that portians of the perimeter road are necessary for equipment and vehicle access and could be used by emergency response personnel if needed. Residen#s have nated that the perimeter fence is of chain-IinEc material rather than the wrought iron material identified in the EIR. The chain-link fence is preferred by the Department of Fish and Game due to the potential far bighorn sheep to be caught in the wrought iran. Therefore, the City administratively approved the use of chain-link material. G:IPubWorkslLand Developmenf4(TR)7raclsiTR 3043BIRESfDENT CONCERNSUAeetingsl0i-77-08 DirecfoYs Hearingl0i•17�08 Sione Eagle S7a1lRepoR.doc Staff Report fvr Sfione Eagle Director's Hearing D1-17-08 Stone Eagle has renaturalized the perimeter road as requested by staff. The Director of Community Development has recently performed inspections of the site and has determined that the �oad renaturalization is acceptable. 3. Snack Bar Lighting (t has been noted that the snack bar lights are left on when not needed at night. Staff has observed that the snack bar lights are visible late inta the night. Staff recommends that Stone Eagle be required to install timers on the snack bar Eighting to extinguish them in a timely manner when not in use. As the Stone Eagle Golf Caurse came into operation, nearby residents raised a number of serious concerns regarding the project. Staff has thoroughly evaluated each of the concerns and taken actions to ensure campliance with applicable codes and regulations. Therefore, staff recommends that, upon conclusion of the above items, the work be deemed complete and that the process to release the bands be commenced. _ ._. . ,�. .. ...- • �,J.- Mark Greenwood, P.E. Lauri Aylaian Director of Public Works Director of Community Development �ani G:1PubWod�sLLand Developmenll(TR)TraclslTR 304381RESfDPNT COMCERNSIMeet�gsl01-17-08 Direcfor's Hearingl0f-17-08 Stone Eagle Stall Report.doc Stone Eagle Director's Hearing 01-17-08 3:00 PM Administrative Conference Room Assistant City Attorney Robert Hargreaves began the meeting at 3:00 by stating this was a continued Director's Hearing with Stone Eagle for compliance with the conditions of development. Mr. Hargreaves stated that we would make introductions and present the staff report,and then he would open the meeting. Persons in attendance introduced themselves: Bob Hargreaves,Assistant City Attorney, City of Palm Desert Lauri Aylaian, Director of Community Development, City of Palm Desert Spencer Knight, Landscape Services Manager, City of Palm Desert Tim Bartlett, Property Owner, Cahuilla Hilis Mark Fisher, Staff Biologist, UCR/Boyd Deep Canyon Dr.AI Muth, Biologist, UCR/Boyd Deep Canyon Kris Schulze, Stone Eagle Terry Cechin, Public Works Inspector, City of Palm Desert Christina Canales,Assistant Engineer, City of Palm Desert Mark Greenwood, Director of Public Works, City of Palm Desert Debra Lee,Administrative Secretary. City of Palm Desert Shawn Kilpatrick, Code Compliance, City of Palm Desert Phil Joy,Associate Transportation Planner, City of Palm Desert (Note: Shortly after introductions were made and the meeting progressed to presentation of the staff report, other participants arrived according to the sign-in sheets:Antoinette Carver, Peter Scheer, and Ted Lennon. Present at the meeting but not on the sign-in sheet were Cahuilla Hil�s resident Jerry Meintz, and John Criste of Terra Nova.) Mr. Greenwood presented the staff report by stating the following: Concerns arose from Stone Eagle Golf Course project. The biggest concern that remains to date is water runoff from Stone Eagle irrigation into Bruce Creek, and the resulting issues. At the request of residents adjacent to the golf course, the City has done an extensive investigation and procured expert analyses including, as relates to the water quality issue, the use of 9 different laboratories to obtain highly detailed water analyses. The results of these analyses were sent to aquatic ecotoxicologist Dr. Daniel Schlenk at UC Riverside, and to veterinary toxicologist Dr. Robert Poppenga of UC Davis. The results indicate that the water quality is well within acceptable parameters for creek water. Toxicology says the water is safe and healthy for aquatic and mammal life. There remains a concern about potential ponding and, therefore, mosquito breeding as water ebbs and flows. There is also a concern for the potentially rampant growth of non-native species of plants. Staff developed five specific mitigation issues as were outlined in the staff report, and Mr. Greenwood read the five mitigation issues aloud, although not verbatim. Stone Eagle has requested that these conditions be reviewed every five years for adequacy, and staff agrees with this request. It is possible that these measures might not produce the desired results; it is also possible that these measures may not be needed in order to achieve the desired outcome,which would result in a waste of money. As to the issue of the golf course perimeter road, Stone Eagle has renaturalized it. Inspections were performed within the past week and it has been found to be effective and adequate; no additional mitigation measures are recommended for this issue As to the issue of the lighting remaining on at the snack bar, at night, Mr. Greenwood commented that he has personally observed this and that it would be easily remedied by the installation of timers. Upon completion of the mitigation measures and successful execution of an agreement for future performance, staff recommends that the project be finalized and the bonds be authorized for release. Mr. Hargreaves asked if the developer's representatives wanted to comment. Mr. Schulze asked Mr. Greenwood if there is a time when the snack bar lighting should go off. Mr. Greenwood responded that should be"whenever activity ceases." Mr. Schulze said the developer is agreeable to the recommendations as proposed, and that the developer's attorney is currently working with the City Attorney to write an agreement. Mr. Hargreaves stated that there has been no drafting yet, that they are in the talking phase, but that they have made contact. Stone Eagle Director's Hearing Meeting Minutes 01-17-08 Mr. Hargreaves stated that the concept is to take what comes out of this hearing and reduce it to an agreement that will be recorded against the property,with guidelines going forward and the ability to change things in the future if needed, and to make the instrument enforceable with an ongoing assurance that issues will be addressed. Mr. Hargreaves then opened the meeting. Mr. Bartlett stated that Nancy Scott regrets she is unable to attend this meeting and asked to distribute a document on her behalf to be read into the minutes. The document was titled"Response to Director's Hearing Report Dated Jan. 17,2008." Mr. Hargreaves asked Mr. Bartlett to summarize it, stating that he was not interested in reading it but that we will make copies available to anyone who is. Mr. Bartlett stated that the following are his own comments and that he would like to ask for clarification regarding which building is referred to as the snack bar, the one with the lights. He said that if it's the building where they serve lunch, thaYs the"Bar and Grill," but if iYs on the turn between the 9th and 10tn holes, thaYs the"Pavilion." Mr. Schulze stated that the one with the lights is the"Aerie." Mr. Bartlett said he thinks there are lights on in all the facilities at night, and that although he can't see the light in the new maintenance facility he can see the glow of it in the night sky. Mr. Bartlett said this was not worthy of discussion, and he thought that the"performance standard"was worthy of discussion. Stating that the report says"removal," he asked"What is the standard,what would we observe?" Mr. Hargreaves said, "Avoid unreasonable impacts to biologicai resources and downstream residents." Mr. Bartlett said that, so far, the"removal of unwanted vegetation" has consisted of pulling up only some of it, and then just leaving it there to dry up and create a fire hazard. Mr. Bartlett held up several gallon-sized zipper-type clear plastic bags and said he had brought samples of the vegetation consisting of moss, algae, and weeds, to show and asked that the group compare it to the one empty bag containing what was growing there before the Stone Eagle development. Mr. Bartlett said that what Mr. Hargreaves had said was encouraging and it sounded good. He stated that the quality of the water concerns him,that it is his understanding from the discussion at the last hearing that the water testing would be done independently of the developer—not using his sampling and water testing people so that it wouldn't be under his control—and that Mr. Bartlett wonders if that was the case because after the first set of results the Stone Eagle group had flushed out the canyon with enough water to create "white water° and that it"seems that reduced the effects of the water testing." Mr. Bartlett stated he had read through the one hundred-or-so pages of the report and that it seems like a lot of the testing was inconclusive,that a lot of variables were not met. Mr. Bartlett stated that he had gone to the EPAwebsite where they have listed specific things to look for that they feel are appropriate to test for, and he began to read from the list but stopped after three or four names because of the difficult words. Mr. Bartlett stated, "I took this off the EPA website regarding water testing" and submitted a printed e-mail to Ms. Lee. Mr. Bartlett stated that his dog becomes violently ill every time she goes down to the creek, that he found a dead coyote under the bridge and that he had heard from neighbors that they also found a dead coyote in the creek area. He said he also found a dying duck and dead frogs, He stated that the dead coyotes is odd, that he has heard from people who've lived there 20 years who say the coyotes no longer use Bruce Canyon as a thoroughfare as they used to. Mr. Bartlett stated that the coyotes try to find water at the most convenient source, and that obviously a running stream would be such a convenient source, yet the people say they have recently found coyotes in their yards drinking out of chlorinated and saltwater pools which is apparently not normal, and that based on observations it seems the water in the creek may contain something that's harmful. Mr. Bartlett said he had witnessed coyote scat that was,for a few months, more like a tarry substance than normal coyote scat which is dry like a granola bar. He asked if, in fact, the water is fine, why the developer wouldn't want to recapture it since water is so precious now, and pointed out that if you add up the distance between the two creeks they total about a mile in length (0.6 mile for Ramon and 0.4 for Bruce)and that they both percolate into the sand near their lakes, so that it seems it would be simple to capture that water it and put it back into the lake? Mr. Bartlett stated that he believes the water is percolating into the sand and entering the Palm Valley Storm Channel, but the Director of Public Works says thaYs not the case, and if that's true then it's percolating into the drinking water unless iYs going somewhere else, and that he hopes it's going into the Channel. The water Page 2 of 4 Stone Eagle Director's Hearing Meeting Minutes 01-17-08 increases at night; so does the runoff and so does the Palm Valley Storm Channel. Someone alerted Code Compliance that there's a lot more water. Mr. Bartlett stated that he has found areas in the concrete-lined channel that could be mosquito habitat, and that the Ramon Creek pipe is percolating up out of the ground. They're using contaminated water to begin with so if they don't want to capture it, Mr. Bartlett can understand. Mr. Bartlett then stated that"the problem we have is the effects of the water"and that even if iYs pure water, the effect it has on the environment has changed his enjoyment of the property, but that perhaps the statement relative to unreasonable mitigation will take care of it. Mr. Bartlett further stated that he has noticed significant erosion, that"we've probably lost 6 to 8 inches of soil or rock, side and bottom of channel,"that he heard from Katie Burrows that channeling of the wash would be unfeasible,which Mr. Bartlett found interesting because they actually did hire a guy and dug out a channel that has helped to keep water moving,and that they, the property owners, have been generous in offering to accept a gutter of contaminated water, contaminated water running on their property on a regular basis. Mr. Bartiett said that the comment that Fish and Game would never allow it, he didn't know about that, because they created a stream, so to say that lining the channel using native material would be an environmental disaster seems to be in conflict and seems ridiculous. In the staff report there's talk about the property owners of Cahuilla hills contributing to the water runoff. They say there is an approximate 100-gallon effluent per person per day; at 2,700 residents (an overestimate),that is 270,000 gallons per day compared to the millions of water"they"contribute, and that the day that they used hydraulic cement to put in the liner, they created a permanent seal between the rock and the liner, and the following day water started coming around the 'Y.' [Note:At this point Mr. Bartlett had been speaking for approximately 20 minutes.] Mr. Hargreaves interrupted Mr. Bartlett and asked if he can wrap his comments up soon. Mr. Bartlett asked to read a document he had with him, stating that most of it was submitted at the last director's hearing but he believes it wasn't actually heard but rather submitted as an exhibit. Mr. Bartlett stated that the City has not acted in good faith, but that since he has submitted the document before, he supposed he was finished. Mr. Hargreaves stated he wants a synopsis of substance rather than details. Mr. Hargreaves asked the biologists (Dr. Muth and Mr. Fisher) present if they had reviewed the water quality reports, to which they answered that they had "looked it over"and that the general summary stated from a toxicology standpoint was that the water was perfectly safe to drink and that the presence of water fleas indicates a healthy ecosystem. Dr. Muth stated that they could not speak to protocol and lab chosen, but that it was their impression that the creek is a recovering habitat. Mr. Criste asked if Dr. Muth knew the people at UC Davis and UC Riverside and Dr. Muth said that he does not know Dr. Poppenga nor Dr. Schlenk. Mr. Greenwood highlighted the sampling and testing process, stating that to ensure impartiality the City issued a Request for Proposals to the public and to a number of laboratories, requesting assistance in performing water quality analysis. The City received a couple of proposals and selected Surabian Ag Laboratory and Consultants, Inc. as the sampling lab and distributor of the samples, based on cost. The City is not aware that they have had any involvement with Stone Eagle and it wasn't part of the selection process to ascertain that. Surabian Labs sent the water out for testing. Because of the detailed nature of the testing requested, it was circulated to seven other labs because of the expertise needed. The summary lists what the critical levels are of the various constituents and what the found levels were, and all were within the acceptable range for creek water; it is not to drinking water standards but it is not dangerous. In addition, they tested for pesticides,fungicides, and herbicides with the exception of "Monument." Because"MonumenY' is not known to be dangerous, no protocol exists for testing for its presence. The test for"Revolver"was inconclusive because of potential interaction with Monument. Some chemicals were present but because there is no protocol there's no evidence that the water is dangerous. The results were sent to an aquatic ecotoxicologist from UCR who reviewed the results and indicated that he wanted one more level of testing, so a bioassay was performed. Residents were notified of the testing and invited to watch, and some did watch the samples being taken and the labels applied. Mr. Bartlett interrupted to state that one resident was invited. Mr. Schulze stated that Ms. Scott,who was present at the sampling, stated at that time that Mr. Bartlett was out of town, and that Mr. Davenport was also present at the sampling. Mr. Greenwood continued by saying that the bioassay was completed and Page 3 of 4 Stone Eagle Director's Hearing Meeting Minutes 01-17-08 the report was that the water was healthy. The veterinary toxicologist also returned a report that the water was healthy. Mr. Knight stated that the laboratories involved were very careful about their protocol, which is why this process took such a long time. Dr. Muth asked to comment on the bagged plants that Mr. Bartlett brought. Holding up a bag he stated that one plant was a seedling tamarisk,that they sprout quickly, that he has observed a few of them down at the"big drop-off' in Bruce Creek, and that they will have to be repeatedly removed because they can't be gotten rid of. Dr. Muth identified another plant as papyrus and said they did not see this plant the last time they came down through there, so he thinks it is a recent invader. He stated that the rest of the plant material appears to be native. Dr. Muth said that willows, cottonwoods, sedges, and arrow weed are to be expected and are desirable. He stated that if you look closely in one bag you see aquatic beetles, which is a sign of normal material and indicative of a good healthy ecosystem. Dr. Muth stated that algae is good thing to have. Mr. Criste asked whether there were other insults to the creek that were not caused by the golf course and if so,would they be remediated. Mr. Hargreaves responded that there will be a maintenance agreement that sets as a general standard that the golf course will be required to mitigate only the impacts from the water from the goif course, and that staff has prepared the mitigation measures. There will be an ongoing review and the ability to address the undetermined aspects of the agreement—for example, if it becomes a mosquito problem according to the mosquito abatement district,then remedial action will be taken against that. Mr. Bartlett asked if that were meant to be at any time, or after five years, and Mr. Hargreaves answered that at any time a problem is recognized it will be remediated, they won't wait five years if there is a problem identified. There will be a strategy, but if something comes up that wasn't identified then we have the ability to reopen the process and address it. The elaborate testing appears to be adequate but if it appears we have a water quality problem it will be addressed. Mr. Shulze asked who will define"unreasonable impact." Mr. Hargreaves answered that it will be at the discretion of the Director of Public Works to make that determination, and if people aren't happy with his decision it can be litigated but the important thing is to take what comes out of this process and develop an agreement that will be shared with everyone before iYs executed. Ms. Carver asked if the agreement would remain in effect should the project be sold and Mr. Hargreaves stated that the agreement will be recorded against the property and whomever owns it will be responsible for it.The ultimate sanction will be to shut off the irrigation, which will be a strong incentive for compliance. Ms. Carver commented that Stone Eagle has done an excellent job of stemming the flow of water into Ramon Creek. Mr. Hargreaves stated that he is inclined to find as staff recommends and that upon entering into the (future)agreement the City will find the project in compliance and move forward. Mr. Hargreaves stated that he appreciated everyone's participation and that the agreement will be circulated for comment before the City enters into it, and that the meeting was now closed. Mr. Bartlett asked if he may ask one question before the meeting was closed and Mr. Hargreaves said he could. Mr. Bartlett said that the residents were told that a final wouldn't be given until the matter was resolved. Mr. Greenwood stated that the finals have been withheld and will continue to be withheld until these conditions are in place and enforceable. Mr. Bartlett ask who"everyone" is when Mr. Hargreaves said that everyone will see the agreement prior to its finalization and Mr. Hargreaves replied that "everyone"was everyone on the distribution list, including Mr. Bartlett. Mr. Hargreaves closed the meeting at 3:56 PM. Minutes recorded by Debra Lee. Page 4 of 4 BEST BEST & KRIEGER ATTORNEYS AT LAW March 3, 2008 Memorandum To: Mark Greenwaod CLIENT-MATTER NU.: 72504.00677 Director of Public Works CITY OF PALM DES � FROM: Robert W. Hargreaves, ssi Attorney RE: Stone Eagle: Recommendation After Director's Hearing BACKGROUND The Stone Eagle Golf Course Project has been under construction and review for several years. Stone Eagle has reques#ed that the City accept the Project as complete, and that the bonds be released. A number of issues have been raised regarding compliance with the conditions of approval, the mitigation plan in the EIR, and city codes and state statutes. Several neighbors have expressed concern. In order to facilitate input into the decision making process, and to have an open discussion of issues of public concern, you appointed me to serve as hearing officer, to take public testimony and to make a recommendation. Pursuant to that appointment, public hearings were held on May 17, 2007 and January 17, 2008. Numerous reports and letters have been received, as well as substantial public testimony. I have summarized below my findings, the evidence supporting those findings, and my recommendations. RECOMMENDATION I recommend that the Project be received as complete, upon executian and recording of a maintenance agreement that will ensure an ongoing program of adaptive management to address potentially harmful effects of water discharges from the Project as well as other potential on-going issues. Particular aspects of the recommended maintenance program are included below. ISSUES ARD FINDINGS 1. Run-Off into Bruce Creek. A. Findings (1) The Project does cause subsurface drainage into Bruce Creek that currently causes appreciable and continuous water flows in the Creek, that did not exist in a natural candition. R M PUB\RHARGREAV ES1Z92742.5 BEST BEST & KRYEGER ATTORNEYS AT LAW • It is not seriously contested that flaws from the golf course project are the principal current source of ongoing flows in the Creek. There is evidence that other adjoining properties contribute to flows in Bruce Creek, at least on an intermittent basis. (2} The flows in Bruce Creek do not currently have a significant deleterious impact on the public health, safety, or welfare, and are not injurious to the natural environment, nor to adjacent properties. • There is testimony from several biologists that the Creek is a healthy eco-system that does not threaten natural habitat values. • Extensive water quality testing was performed. Aquatic and mammalian toxicoIogists opined that the water is not injuriaus to aquatic or terrestrial life. • State regulatory agencies, such as the Regional Water Quality Control Board, and the State Department of Fish and Game,have inspected the Creek and have not initiated any regulatory actions. • Neighbor reports of toxicity of water to dogs and coyotes are not canfirmed by either water quality testing or biolagists. • Non-native vegetation can be controlled by an on-going maintenance program. {3) Neighbor Reports of Extensive Mosquito Infestations are Not Confirmed by Responsible Agencies. • Representatives of the Coachella Valley Mosquito and Vector Control District have inspected the Creek at various times and have concluded that although the potential for mosquito breeding exists, the cuzrent management efforts have been effective in controlling the problem. The District will continue to monitor and address problems if they arise. (4) Ongoing management of the creek environment will be necessary to ensure that deleteriaus impacts do not arise. • CVMVCD indicated that Bruce Creek posed a potential for mosguito breeding habitat and needs to be carefully monitored and controlled. • Biologist opined that ongoing control of non-native vegetation will be necessary to reduce vegetation and maintain the free-flowing nature of the Creek. - 2 - RM PlJB\RHARGREAV E5�292742.5 BEST BEST & KRIEGER ATPORNEYS AT LAW (5) Channelization of the creek is not a feasible alternative. • Channelization would require permits from the Army Corps of Engineers, and the Califomia Department of Fish and Game,which would require extensive studies and would not likely be granted. • Channelization would likeIy negatively impact naturai values of the stream. (6} Flows into Ramon Creek have been effectively eliminated, but will continue to be monitored. B. Recommendation (1} Stone Eagle be required to enter into and record against the golf course property a maintenance agreement committing the owner to implement mitigation measures reasonably required by the City to ensure that the drainage flows from the golf course into Bruce and Ramon Creeks do not cause injury to biological resources or adjoining property awners. The initial mitigation plan shall require: (a) Stone Eagle shall cause weekly inspections to be made of the retention ponds and pumps in Bruce and Ramon Creeks, and shalt cause any required maintenance to be performed so that such facilities can serve their intended purpose. Stone Eagle shall provide the City with quarterly reports, addressed to the Director of Community Development, setting forth the dates of such inspections, the observations made during the inspections and any actions taken; (b) Stone Eagle shall: (i) cause monthly visual inspections of Bruce and Ramon Creeks (subject to permission to enter private properties); and (ii) cause (x) the removal of non-native plant species, and (y) the remediation of potential mosquito-breeding sites. Stone Eagle shall provide written reports to the Director of Community Development of observations made and actions taken. The Public Works Department will perform quarterly inspections at the expense of Stone Eagle; {c) Stone Eagle shall cause annual water quality bioassays to be taken in Bruce Creek by a City-approved consultant and shall provide a written report to the Director af Community Development. There is no intent to improve the quality of the water in the Creek (which is not potable) in excess of the quality that would exist without artificial drainage from the golf course, or in excess of the quaIity necessary to ensure that drainage from the golf course does not cause injury to biological values or adjoining property owners. Stone Eagle shall he responsible to manage and mitigate nitrates and toxins in Bruce Creek, to levels acceptable to the City. Stone Eagle shall not be responsible for any mitigation of nitrates and toxins which are contributed by other property; (d) Stone Eagle shall post with the City of Palm Desert a $50,000 bond to be called in the event of non-performance by Stone Eagle; - 3 - RMPU$\RHARGREA V ES1292742.5 BEST BEST & KRIEGER A'I'I'OANEYS AT LAW (e) Stone Eagle shall enter into a maintenance agreement with the City for Stone Eagle's management of non-native vegetation and mosquito vector control. 2. Golf course perimeter fencing and road. A. Findings (1) Stone Eagle has adequately addressed concerns regarding the re-naturalization of the perimeter road to the satisfaction of the Director of Community Development; (2) Permanent fencing was originally required to be wrought iron, but was modified with the approval of the Director of Community Development, upon recommendation from the Department of Fish& Game,that chain link fencing was preferable ta protect the bighorn sheep. B. Recommendation (1) Maintenance agreement shall require adequate maintenance of fencing. 3. Access to adjacent praperty. A. Findings (1) This is a private dispute between adjoining property owners that does nat implicate Stone Eagle's compliance with the City's conditions for approval. (2} Issues with respect to the trail are within the jurisdiction of the City, and have been addressed. 4. MaintenanCe of debris basin. A. Findings (1) Installation of gasoline-powered ptzmping system to dewater the basin has proven to be an effective alternative to the originally-required, but likely more damaging, subsurface drainage system. B. Recommendation (1) Maintenance agreement will ensure ongoing maintanance of basin and pumping system, and ensure that pumping complies with City sound ordinances. 5. Temporary egaipment pad. A. Findings (1) Neighbor complaints have been addressed by removal of equipment and temporary storage area, and installation of a berm. - 4 - R M P U BIR HARGRfiA V E S 1292742.5 BEST BEST & KRIEGER ATTORNEYS AT LAW b. Golf course exceeded average acreage of turf. A. Findings (1) There is no evidence to substantiate this concern. 7. Water source for golf caurse irrigatian. A. Findings (1) There is no requirement in the conditions of approval that potable water be blended with non-potable water sources to manage nitrate levels, and any such blending would be wasteful of higher quality,potable water supplies. 8. Snack bar. A. Findings (1) Snack bar did receive architectural approval from the Community Development Director. (2) Snack bar lighting after hours has been a problem. B. Recommendation: Stone Eagle shall install timer to regulate lighting, so that it shall be extinguished or shielded within one hour after dark. Maintenance agreement will provide for ongoing review of lighting issues. 9. Maintenance Building. A. Findings (1) The former Community Development Director reviewed and approved the Maintenance Building at staff level and no further review was warranted. (2} Landscape planting and re-naturalization adequately addressed concerns regarding screening. B. Recommendation (1) Maintenance agreement will require mitigation of nuisance (after hour) lights and noise at this faciliry. 10. Camfort station septic systems. A. Findings (1) Comfort station septic systems have been appropriately approved. (2) Additional screening has been added to address visual impacts. - S - RMPUBU2HARGREAV ES�292742.5 BEST BEST & KRIEGER ATTORNEYS AT IAW 11, Residential pads. A. Findings (1) The grading of residential pads did conform to approval of Director of Community Development and requirements of Army Corps of Engineer permit. The final grading plan disturbed significantly less natural hillside than was originally approved. 12. Archeological sites. A. Findings (1) There is no evidence that archeological sites were destroyed during grading. CONCLUSION Stone Eagle shall be required to enter into and record a maintenance agreement that will provide: (a) Stone Eagle shall have a continuing duty to mitigate impacts to Bruce and Ramon Creeks caused by golf course run-off and drainage in a manner that avoids unreasonable impacts to biologicaI resources or adjoining properties. The mitigation plan shall initially include the steps outlined below, but may be amended by the City, in consultation with owner and other interested parties, as necessary from time-to-time, to address the evolving situations in the Creeks. (b) The initial mitigation operation plan shall include: (1) Stane Eagle shall cause weekly inspections to be made of the retention ponds and pumps in Bruce and Ramon Creeks, and shall cause any required maintenance to be performed so that such facilities can serve their intended purpose. Stone Eagle shall provide the City with quarterly reports, addressed to the Director of Community Development, setting forth the dates of such inspections, the observations made during the inspections and any actions taken; (2) Stone Eagle shall: (i) cause monthly visuai inspections of Bruce and Ramon Creeks{subject to permission to enter private properties); and (ii) cause (x)the removal of non-native plant species, and (y) the remediation of potential mosquito-breeding sites. Stone Eagle shall provide written reports to the Director of Community Deveiopment of observations made and actions taken. The Public Works Department will perform quarterly inspections at the expense of Stone Eagle; (3} Stone Eagle shali cause annual water quality bioassays to be taken in Bruce Creek by a City-approved consultant and shall provide a written report to the Director of Community Development. There is no intent ta improve the quality of the water in the Creek (which is not potable) in excess of the qnality that would exist without artificial drainage from the golf course, or in excess of the quality necessary to ensure that drainage from the golf course does not cause injury to biological values or adjoining property owners. Stone Eagle shall be responsible to manage - 6 - RMPUBIRHARGREAVES1292742.5 BEST BEST & KRIEGER ATTORLVEYS AT IAW and mitigate nitrates and toxins in Bruce Creek, to levels acceptable to the City. Stone Eagle shall not be responsible for any mitigation of nitrates and toxins which are contributed by other property; (4) Perimeter fencing shall be maintained in a serviceable and esthetic condition. (5) Debris Basin shall be maintained and pumping system s�iall conform to the City's noise ardinance. (6) Lights from snack bar, maintenance facility, and other golf course facilities shall be regulated to prevent lighting after dark when facilities are not being used. {7) Additional screening shall be added, if necessary, to effectively screen comfort stations. � (8) ' Stone Eagle shall post with the City of Palm Desert a $50,000 bond to be called in the event of non-performance by Stone Eagle; {c) The Agreement shall provide the ability to reopen the mitigation review process should problems arise, and require review of the mitigation program as a whole at least every five(5) years. (d) The Agreement will provide a dispute resolution process and remedies and sanctions sufficient to ensure adequate mitigation. RWH:dm cc: David J. Erwin, Esq. _ � .. RMPUBU2HARGREAVES12427425 STONE EAGLE RUN-OFF Director's Meeting CONTACT LIST Developer: Ted Lennon TlennonCa�loweenterprises.com Kris Schulze kschulzeC�loweenterprises.com )ohn Criste icristeCa�terranovaplanning.com Developer contacts who were not sent notification: Nizar Farhat nfarhatCa�loweenterprises.cam Bill Munson bmunson aC�loweenterprises.com Scientists: AI Muth deepcanyonCa>mindsprinq.com Mark Fisher sandlizardsCa�mindspring.com Water and other agencies: Doug Wylie dwylieC�waterboards.ca.gov John Carmona icarmanaC�waterboards.ca.gov Rod Chamberlain rchamberlainCc�cvmvcd.org Steve Bigley sbigiey@cvwd.orq Kim Nicol knicolCa�dfg.ca.gav City: Terry Cechin tcechinCc�ci.palm-desert.ca.us Phil Joy �iovCa�ci.palm-desert.ca.us Lauri Aylaian lavlaian@ci.palm-desert.ca.us Bob Hargreaves Robert.hargreavesC�bbklaw.com Mark Greenwood mqreenwoadCc�ci.palm-desert.ca.us Hart Ponder hqonderCa�ci.palm-desert.ca.us Shawn Kilpatrick skilpatrickCc�ci.palm-desert.ca.us Earth Systems Southwest: Craig Hill 345-1588 chill�earthsys.com Scot Stormo sstormo(a�earthsys.com Residents: Peter Schear Peter(c�miraqecenter.com Nancy Scott TRYLIFE2Ca�aol.com Toni Carver cuentistaC�dc.rr.com Bill Carver carverm�mtC�msn.com Tim Bartlett bartlettcCc�aol.com Janice Wood jcw4257.1Cc�juno.com Piero Pierattoni pieropC�earthlink.net Doug Hart doughCc�sprin sc�.com The following affected residents were not contacted because we have no e-mail address for them. For previous meetings we had sent notifications in the U.S. mail. None of these residents ever appeared at any of the meetings. Jim Richards Gordon & Ruth Dewitte Craig Davenport Craig Reisfield RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California, 92260 Attn: Telephone: (310) 312-4217 Telecopier: (310) 914-5844 MAINTENANCE AGREEMENT by and between CITY OF PALM DESERT a California municipal corporation and STONE EAGLE DEVELOPMENT, LLC a Delaware limited liability company 41286388.6 � MAINTENANCE AGREEMENT This MAINTENANCE AGREEMENT ("Agreement") is dated as of , 2008 ("Effective Date"), by and between the City of Palm Desert, a California municipal corporation ("City") and Stone Eagle Development, LLC, a Delaware limited liability company ("Owner"). The City and Owner enter into this Agreement with reference to the following facts (each, a"RecitaP'): RECITALS A. Owner owns certain real property commonly known as the Stone Eagle Golf Course (the "Property") located in the County of Riverside, State of California, which Property is more particularly described on Exhibit A-1, and depicted in Exhibit A-2 attached hereto. B. The City has expressed concerns about the potential impacts on Bruce Creek and Ramon Creek of subsurface drainage from the golf course developed on the Property. C. In response to such concerns, and to mitigate any potential impact which arises from the Property, Owner has agreed with City that so long as a golf course is operated on the Property, Owner or its successors and assigns as owner of the Property will comply with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Owner (each herein sometimes called a "Party" and jointly the "Parties") hereby agree as follows: AGREEMENT 1. Term The term of this Agreement shall commence on the Effective Date and, unless earlier terminated by the City in its sole and absolute discretion, continue in full force and effect until such time as there is no longer an operating golf course on the Property ("Term"). 2. Owner Obli�ations The following are herein called the "Owner Obligations:" 2.1 General Dutv. Owner shall have a continuing duty to mitigate impacts to Bruce and Ramon Creeks caused by golf course run-off and drainage in a manner that avoids unreasonable impacts to biological resources or adjoining properties. The mitigation plan shall initially include the steps outlined below, but may be amended by the City, in consultation with Owner and other interested persons, as necessary from time-to-time, to address the evolving situations in the creeks. 41286388.6 2 2.2 Initial Mitigation Measures. 2.2.1 Owner shall cause weekly inspections to be made of the retention pond and pump located in Bruce Creek and Ramon Creek in the area of the Property delineated on Exhibit B hereto, and shall cause any required maintenance to be performed so that such facilities can serve their intended purpose. 2.2.2 Owner shall (i) cause monthly visual inspections of Bruce Creek and Ramon Creek to be performed in the locations shown on Exhibit C hereto (the "Inspection Area") (subject to Owner's obtaining permission from the necessary landowners to enter private properties as needed in order to obtain such access), and (ii) cause (x) the removal of non-native plant species, and (y) the remediation of potential mosquito-breeding sites, in the Inspection Area. 2.2.3 Owner shall retain a City-approved consultant to perform annual water quality bioassays of the type set forth on Exhibit D hereto in Bruce Creek at the Inspection Area and to provide an annual report thereof to Owner and to the Director of Community Development of the City. Owner shall perform such bioassays no later than August 1 of each year. If the test for Aquatic Toxicity — 96 Hour Acute Ceriodaphnia Survival has a 90% survival rate, then no further testing is required that year. If such survival rate is less than 90%, then additional testing shall be performed to determine the levels of the constituents shown and to determine the cause of the toxicity. City acknowledges that the water in Bruce Creek is not potable and that there is no intention of improving the quality of the water in Bruce Creek to a quality higher than the quality necessary to ensure that drainage from the Project does not degrade biological values or biologically degrade property located adjacent to the Creeks. To the extent required, and to the extent feasible by changing the drainage on the Property and taking no other act, Owner shall mitigate nitrate and toxin levels in Bruce Creek to levels which do not exceed the levels for such substances set forth on Exhibit D hereto. City recognizes (i) that property other than the Property contributes drainage to Bruce Creek, (ii) that Owner shall have no obligation to perform any work on property other than the Property, and (iii) that because of the drainage from property other than the Property it may not be possible for Owner to mitigate the levels of nitrate and toxins in Bruce Creek. 2.2.4 Owner shall provide to the City annually no later than July 1 of each year, a list of pesticides applied to the Property (including, without limitation, insecticides, herbicides, fungicides and miticides). The City shall have the right, within thirty (30) days after receipt of such list, to reasonably require additional tests to be performed to assess the presence of additional compounds, based on such annual list of applied pesticides. 2.3 Quarterly Reports. Owner shall provide the City with quarterly reports setting forth the dates of inspections of Bruce Creek and Ramon Creek, the observations made during such inspections, and the action(if any)taken as a result of such inspections. 2.4 Amendment of Maintenance Duties. The Parties hereby acknowledge that the Owner Obligations may, from time to time, need to be revised to fulfill Owner's General Duty as required by the changing environmental condition of Bruce Creek and Ramon Creek and the surrounding properties, or if the testing program set forth herein does not warrant the time or expense involved. Therefore, the Owner Obligations shall be reviewed every five (5) years during the Term and, after such review, may be amended by a written agreement signed by the City and Owner to increase or decrease the obligations set forth herein. If City and Owner fail to 41286388.6 3 agree, City may impose new or modified mitigation measures reasonably necessary to fulfill Owner's General Duty, subject to the Conflict and Dispute Resolution provisions of Section 3. . 2.5 City Ins�ection. The City may perform quarterly inspections of the Inspection Area. Owner shall reimburse City for the reasonable, documented cost of such inspections, not to exceed the sum of$2,500 per quarter (the "Inspection Cost"). The Inspection Cost shall be increased beginning on January 1, 2013, and every five years thereafter (each, an "Adjustment Date"), by multiplying the Inspection Cost in effect immediately prior to the Adjustment Date in question by a fraction, the numerator of which shall be the CPI (as defined below) in effect on October 31st of the year immediately proceeding the Adjustment Date in question, and the denominator of which shall be the CPI in effect on the date that is five (5) years priar to the Adjustment Date in question. The term "CPI" shall be defined as the Consumer Price Index for All Urban Consumers for Riverside County published by the Bureau of Labor Statistics of the United States Department of Labor. If the CPI is replaced, the Parties shall use such other cost- of-living index as, in the Parties' reasonable judgment, most closely approximates the CPI. 2.6 Performance Bond. Owner shall post a fifty thousand dollar ($50,000.00) performance bond (the `Bond") with City to secure the performance of the Owner Obligations. Owner shall maintain the Bond in effect during the Term. 2.7 Maintenance Deficiency. If, in the City's reasonable opinion, Owner has failed to perform any of the Owner Obligations , as from time to time modified pursuant to this Agreement, and/or the current mitigation measures are inadequate to accomplish the General Objective, (collectively "Maintenance Deficiency") the City shall notify Owner in writing of such Maintenance Deficiency("Deficiency Notice"). Within ten (10) days of Owner's receipt of the Deficiency Notice, Owner shall, in writing, (i) agree to remedy the Maintenance Deficiency in a mutually agreed-upon time and manner, or (ii) dispute the City's Deficiency Notice. If the Parties are unable to agree to the timing and/or manner of cure, then the Parties shall resolve the Maintenance Deficiency issue in accordance with Section 3 hereof. If the City believes that the Maintenance Deficiency represents an imminent threat to health and safety of persons or natural resources and/or to preservation of property, the City shall have the right to unilaterally require a cure within a resonable time under the circumstances, pursuant to its general power to abate public nuisances, and without resort to the Conflict and Dispute Resolution process described in Section 3, subject to Owner's right to seek prompt judicial review. 2.8 Cure. If Owner fails to remedy the Maintenance Deficiency either (a) within the time period previously agreed to in writing by the Parties or (b) by the date required in a written decision by the City pursuant to Section 3 stating that the disputed Maintenance Deficiency must be cured, the City shall have the right, but not the obligation, to perform the necessary maintenance to cure the Maintenance Deficiency. In the event the City has performed the work necessary to cure a Maintenance Deficiency, the City shall submit a written invoice ("Initial Invoice") to Owner for all reasonable costs incurred by the City to perform such work, together with a statement that Owner must pay such invoice in full within thirty (30) days of Owner's receipt of the invoice. If Owner disputes the amounts due pursuant to the Initial Invoice ("Initial Invoice Amount"), the Parties shall endeavor to resolve the dispute in good faith. If the Parties are unable to agree on an Initial Invoice Amount, then the Parties shall resolve the dispute in accordance with Section 3 hereo£ If Owner does not respond to the Initial Invoice, the City shall submit to Owner a second written invoice ("Second Invoice") stating that the City will draw down the Bond in an amount equal to the reasonable costs due if Owner does not respond within ten (10) days of its receipt of the Second Invoice. If Owner does not respond to the Second Invoice within the ten (10) day period, the City shall draw down the Bond in the amount equal to its reasonable costs to cure the Maintenance Deficiency. 29 Lightin� ag tion. Owner shall regulate the lighting at the pavilion, 41286388.6 4 maintenance facility and other golf course buildings, so that lighting is minimized commencing one (1) hour after any such facility has ceased being used for a given day (recognizing that such facilities do not have a uniform closing time, so the cessation of lighting shall vary from time to time and from facility to facility, based upon the usage on any given day of the facility in question). 2.10 Fencin�Miti�ation. Owner shall maintain perimeter fencing around the Property. 2.11 Noise Miti a�. Owner shall use commercially reasonable efforts to control the volume of noise emanating from the Property maintenance facility after the Stone Eagle Golf Course and all areas thereof are closed for the night and prior to the time when they reopen in the morning. Owner shall adopt and enforce policies designed to maintain compliance with the City's noise ordinance. 3. Conflicts and Dispute Resolution In the event there is a dispute in connection with the interpretation of or performance under this Agreement, including without limitation a dispute regarding a Maintenance Deficiency, and the complaining party has provided written notice to the non-complaining party detailing with particularity the claimed dispute (the "Dispute Notice"), then the City and Owner will promptly endeavor in good faith to resolve such dispute. If no resolution can be reached within 30-days of delivery of the Dispute Notice to the non-performing party, or within such other time frame as the parties may mutually agree, then the City shall have the right to unilaterally impose a reasonable cure, subject to Owners right to challenge any such imposition by prompt judicial review. 4. Hold Harmless Agreement Owner hereby agrees to and shall indemnify and hold the City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damages for personal injury, including death, as well as from claims for property damage or inverse condemnation, which may arise from Owner's or Owner's contractors' subcontractors' agents' or employees operations under this Agreement, the City's approval of the Stone Eagle Golf Course or the City's approval or rejection of any mitigation measures pursuant to this Agreement, whether such operations be by Owner, or by any persons directly or indirectly employed by or acting as agent for Owner. This provision shall survive and continue for a period of one (1) year after the termination of this Agreement. The City shall have the right to select its own counsel to defend it in any indemnified claim unless either (i) Owner is also sued and its counsel can defend all parties or (ii) Owner's insurer requires engagement of counsel other than that selected by the City. In the event of any legal action instituted by a third party or any governmental entity or official arising out of the approval, execution or implementation of this Agreement (exclusive of any actions brought by Owner) including such actions brought pursuant to the provisions of the California Environmental Quality Act, Owner agrees to and shall cooperate fully and join in the defense by the City of such action and shall indemnify and hold the City, its elected and appointive boards, commissions, officers, agents and employees harmless from any liability for damages, costs or attorneys' fees which may arise from such action. This provision shall survive and continue for a period of one (1) year after termination of this Agreement. The City shall have the right to select is own counsel to represent it any action of the type referred to in this paragraph. 41286388.6 5 5. General Provisions 5.1 Headin�s. Section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. 5.2 Binding Effect; Successors and Assi t�is. This Agreement shall be binding upon, and inure to the benefit of,the Parties hereto and their respective successors and assigns. 5.3 Severabilitv. If any term,provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of any of the Parties has been materially altered or abridged by such holding. 5.4 Covenant Runnin�with the Land. Owner's covenants to maintain the Property in accordance with this Agreement are covenants which shall run with the land, shall bind Owner's successors and assigns and shall remain in effect for so long as the Property is used as a golf course facility. Owner shall only be liable for complying with this Agreement during the time when Owner owns the Property; thereafter, the obligations set forth herein shall be the responsibility of Owner's successor(s) as owner of the Property. 5.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the duly authorized representative of the party against whom enforcement of the waiver is sought. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. 5.6 No Partnership or Joint Venture. The Parties hereto agree that nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or similar relationship between City and Owner. 5.7 Governin�aw. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 5.8 Notices. Any notice or communication required hereunder between City and Owner must be in writing and may be given personally, by first class United States mail, postage prepaid, or by reputable overnight delivery service which provides confirmation of receipt in writing. Either party hereto may at any time,by giving ten(10) days'written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: 41286388.6 6 To City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Director of Community Development With a copy to: Best, Best& Krieger, LLP 74-760 Highway 111, Suite 200 Indian Wells, CA 92210 Attn: Robert W. Hargreaves, Esq. To Owner: Stone Eagle Development, LLC 74001 Reserve Drive Indian Wells, CA 92210 Attn: Tom Cullinan With a copy to: Manatt,Phelps &Phillips, LLP 11355 West Olympic Boulevard Los Angeles, CA 90064-1614 Attn: Timi A. Hallem, Esq. 5.9 Time is of the Essence. Time is of the essence in this Agreement. 5.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original. 5.11 Full Size Copies of Exhibits. Twenty-four(24) inch by thirty-six (36) inch copies of Exhibits A-2, B, C and D shall be delivered to and maintained by the City of Palm Desert City Engineer for clarity of review. Reduced copies (8 1/2 by 11 inches) shall be attached to the executed versions of this Agreement. 41286388.6 7 IN WITNESS WHEREOF, City and Owner have entered into this Agreement as of the date first written above. DECLARANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPORATION, a California corporation, Manager of Stone Eagle Development, LLC, a Delaware limited liability company By: Ted Lennon, President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: [signatures continued on next page] 41286388.6 $ CITY: CITY OF PALM DESERT, a California municipal corporation By: Jean M. Benson, Mayor ATTEST: By: Rachelle D. Klassen, City Clerk APPROVED AS TO LEGAL FORM: BEST, BEST &KRIEGER, LLP By: David J. Erwin 41286388.6 9 EXHIBIT A-1 [ATTACH LEGAL DESCRIPTION] 41286388.6 10 EXHIBIT A-1 PROI'ERTY DESCRIPTION STONE EAGLE MAINTENANCE AGREEMENT THE STONE EAGLE GOLF COURSB(THE"PROPERTY") [S LOCATED IN THE - COUNTY OP RIVERSIDE,STATE OF CALIFORNIA, WHTCH"PROPERTY"IS MORE PARTICULARLY DESCRIBED AS: LOT"A"OF T'RACT 30438-1, RECORDED ON FEBRUA.RY 2�,2004,IN BOOK 35 OF MAPS, PAGES l-4,C}FFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY,CALIFORNIA. x EXHIBIT A-2 [ATTACH PROPERTY DEPICTION] 41286388.6 11 NW CORNER NE CORNER LOT 'C' LOT 'B' � OPEN SPACE OPEN SPACE � � � � �� . ooa � � '_.�" V�1 fn O f�L��C� u� G c� ��'�' a. a. � �G � � S�QN�.� � o ' O • . O ` . Y oD OPEfV SPACE ° OLF COURS oa 0 SW CORNER 4 � � SE ORNER � 0 HIP 5 SO RAlVG EAST ° � ��"� � p��0 o� �o�� J'�� ,ti � o� �,�� J� �OJ� �p"?'�,'� ,� MAINT�NANGE AGREEMENT N EKHI�IT A-2 STONE I�AQLE C�OL...F COURSE PROPERTY �EPICTI�N Nat� ro scai.E EXHIBIT D Proposeci Laboratory 7esting Program Test Qrinking Water Limit(for Aquatic Life Protection Aquatic Toxicity Notes reference onl } Bioassay quatic Toxicity-96 Hour Acute Ceriadaphnia Survival Bioassay NA NA 90°/a Survival General Minerals Ikalinit -BiGarbonate NA >2� iVA Lower limit is the Ikafinity-Carbonate NA >20 IVA sum of al1 three Ikalinit -H droxide NA >2Q NA types of alkalinity Conductivity{Specific Conductance) 900 umhos/cm NA NA SiNCL otal Dissolved Solids 500 m A ED NA SMCL MSAS 0.5 mg/l NA NA SMCL pH 6_5 to 8.5 pH units 6,5 ta 9 pH units NA Ma or Cations Cefcium NA NA NA Sodium IVA NA NA Potassium NA NA NA Ma nesium NA NA lJA r Anions Chloride 250 mgA 230 mgll NA SMCL Fluoride 2 to 4 mg/i tJA NA PMCL Nitrate{as N�3) 45 mg/I !VA NA PMCL Nitrite(as N) 1.0 mg/l NA NA PMCL Phosphate NA NA NA Sulfate 250 to 500 mg/l NA NA SMCL to AMCL Notes: PMCL=Primary Maximum Contaminant Level SMCL=Secondary i4laximum Contaminanf Leve1 Ow�er shall mitigate nifrate and toxin levefs in Bruce CreeK to levels which do not exceed the levels for Aquatic Life Protection as shuwn above.The levels for Drinking Water Limits are shown for reference,only. -,.:a , , , _� . !r*. 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IA i ' � r:�`:; �"�`' �m�� °t..�1 '� � � °$ �,�__; '� �"k�'� 71 3' r.. .. . ��.. 1 .i 4.�"`# .;.p.., ' � � : ° / <. - 's 4 I^"'5l � ,�.,-.. ,,, �_� ,n� �M i�•-�f�..E� ;,!` ;;�.,~� L t.:;E_E�,I , C�a Nancy Scott 71-487 Painted�anyon Ro�.�19 �,p� -$ A�1 5� 2� Palm Desert, Ca. 92260 Trylife2 @aol.com 760-831-6213 cell Agenda Item# << � �3�1 S �` ��'1 � �� Apri19, 2009 City Council Meeting Stone Eagle Maintenance Agreement Acceptance I am once again seeing you for an existing problem that has plagued not only my community but the City of Palm Desert itself for more than four years now. While the date for a Council Meeting is new the concerns with the maintenance agreement are the same. Nothing has changed with the maintenance agreement since our meeting August 28, 2008. The wording is exactly the same. None of the issues that were of concern to me have been addressed. I have not one time been asks to participate or agree to any changes, etc. I have enclosed my concerns that I gave to you Aug. 2gth Without going over every detail as my time is limited I will summarize. I have provided you with the exact verbiage you received Aug. 28�'. 1. Page 3. Item 2.2.1 Bruce Creek Pump has never worked there is no electricity. Retention basin sits for weeks at a time with standing water. 2. Page 3 2.2.2 Mosquitoes proliferate every 10 days according to Rod Chamberlain Coachella Valley Vector Control and breed in standing water and vegetation. Vector Control began coming up to Bruce Creek Feb. 15, 2007 at my request and found mosquitoes in three areas in the ravine due to standing water and vegetation. I have enclosed documentation of the service records for both ravines from Vector Control dates from Feb. 15, 2007 to Jan. 14, 2009 showing continued treatment for mosquitoes and biting black flies which also carry disease. It is a lie to say that no mosquitoes have ever been found. Quite the contrary. This insect infestation has been going on since the summer of 2005. Vector Control came to my aid after my continuous stalling from Stone Eagle and the City of Palm Desert to get this mess cleaned up. They will not maintain these ravines on a regular basis. The conditions of the ravine change daily with the weather, and growing � vegetation. Inspecting monthly especially in the hot months is not adequate. The question I asked was, what is the plan here? What will be done about continued maintenance of whole ravine not just the property. What has Stone Eagle worked out with vector control as a means to ta.ke care of the mosquito problem. What are these chemicals that Stone Eagle will be using? It has been brought to my attention that it is rumored the turf is genetically engineered to resistant Roundup which is being used which they spray on the course to kill weeds and not the grass. Roundup is highly toxic to humans and animals and it can build up in the ground and leach into the water during irrigation. This leached irrigation water runs about a mile down the ravine. What I find interesting is that Stone Eagle has no desire to recycle their own water here. What will be done with the debris to prevent a fire hazard? I have talked to Rod several times recently and he is adamant about prevention with maintenance. The affected properties will have to be maintained or Vector Control will do it and charge the property owners. 3. Page 3 Item 2.2.3 (ii) "owner shall have no obligation to perform any work on property other than the property." The problem in Bruce Creek is a direct result of Stone Eagle dumping one million plus gallons a day on the course and the runoff from the wasted water empties into the ravine. It states in the EIR dated 7/22/02" that Bruce and Ramon Creeks are ephemeral streams, running only after significant rainfall." The county map shows these areas with a dotted blue line meaning not continuous. Since the golf course moved in we have water 365 days a year running down the ravine. Ramon Creek has had a pump installed which pumps water back upon to Stone Eagle. That is when it is working. Vector has found mosquitoes there as well. My water bill attached shows that I use 18700 gallons a month. Do the math 11 homes x 18700= 205700 gallons of water a month. Our drainage has always remained underground if you still insist on that argument until the golf course moved in. I stand before you once again and ask Please vote no on acceptance of Stone Eagle until a realistic maintenance agreement has been drafted with all parties being able to participate. Why is the City of Palm Desert not willing to enforce the original EIR report dated 7/22/02 where Phil Drell expressed his own concerns about the irrigation runoff. (page 9 section VIII item d attached) From what I ascertain the three milestones that Mr. Hargreaves is asking for 3 are and I will address them individually.( I can only guess as I have not been contacted for my input.} I had to miss the last Director's Meeting Jan. 17, 2008 as I had broken my foot and herniated two discs in my lower back. I could not walk. I prepared my documentation anyway and sent it with Mr. Bartlett so my voice could be heard. Mr. Hargreaves stated that he was not interested in reading what I had to say and it was not allowed at the meeting. I have worked four years on this problem and was surprised that he had this attitude since the point of this meeting was to receive input from the concerning parties. (attached are my comments) Milestones: 1. City would inspect site and find it satisfactory. It should be satisfactory. They have had eight months to clean it up. When we left the City Council Meeting in Aug. 08 council had wanted this done in 90 days. Did not happen. When I know company is coming I clean my house extra special too. The only problem is without maintenance of the whole ravine the growth will return bringing back all the problems that we are trying to eliminate. 2. Stone Eagle would make a reasonable effort to acquire adjoining property participation. Nothing has been executed according to all property owners on the ravine that I have personally contacted. Stone Eagle should be policed by the city and not the property owners that have been effected. The maintenance agreement should be with the city with a release of liability given to Stone Eagle staff to enter private property and maintain ravine. This responsibility falls with the city and Stone Eagle as the city allowed them to create this problem by not adhering to the EIR report. From what I understand the city already has codes to enforce all of this but chooses to require a maintenance agreement for this particular problem. 3. A statement was required of Vector Control indicating that there was no current or likely future mosquito breeding activity. You should have a copy of that letter, if not I have attached. Rod Chamberlain's statement referencing Oct. 6, 2008 was a snap shot in the winter time (not hot enough for mosquitoes). It does not reflect future incidents but does say "without proper maintenance the creek will quickly re-vegetate and could become PRIME mosquito breeding habitat." His letter was quite clear but the city is willing to accept this snap shot statement as what will happen in the future. `f Conditions change daily in the ravine. Vector's interest in this ordeal is to keep Palm Desert free of mosquitoes and to suggest anything different is a lie. I have given you SR Reports previously stated. I am also providing you with my own snapshots of the ravine at different stages of deterioration. In closing I ask you again to make this maintenance agreement work to the problems. I am asking you to do your civic duty and protect and preserve our beautiful city and not let Stone Eagle get away from performing their duty in cleaning up and keeping clean the mess they have made for our community and my neighborhood. I urge you to vote no once again and send them back to come up with a real plan. This has gone on for four years and I wish I could bill you for my time in this effort. I wonder how another developer would have been treated? Most of the original parties have retired leaving the problem with new but in-experienced to all the facts to get the job done. I am not going anywhere and will continue to fight. This is my home , my neighborhood and my city. I will not sell out to be popular or with the in crowd. The way this agreement is worded, does not make Stone Eagle do anything for anyone else but themselves. Stone Eagle is not what Palm Desert is all about. It is just another golf course. They should have the same standards as everyone else. Please vote no. As always I am available for future discussions. Thank you for time. Attachments: 1. My originals concerns and statement Aug. 28, 2008 Council Meeting 2. My statement for Director's meeting Jan. 17, 2008 that I gave to city attorney Mr. Hargreaves. 3. My water bill 4. Rod Chamberlain from Vector Control current letter to Mark Greenwood. 5.Vector Control Service reports dating 2/15/07 to Jan. 14, 2009 showing proof of mosquitoes and black fly infestation breeding and their continuous dosing of affected areas. 6.Phi1 Drell concern of EIR page nine concerning irrigation runoff. Not to mention the fact that throughout the EIR it states that both creeks are dry except for after a significant rainfall. 7. My snap shot pictures of this mess. _ �� s Nancy Scott 71-487 Painted Canyon Road Palm Desert, Ca. 92260 Agenda Item# �L-v ,��5_ x V� �� Subject: Maintenance Agreement between City of Palm Desert and Stone Eagle Development, LLC Request: I request that you vote no on this maintenance agreement until some changes have been made to document that I will discuss with you now. I and other concerned residents of the Cahuilla Hills started this up hill battle with Stone Eagle in the summer of 2005. We have had several meetings since that time and have waited patiently for the city to enforce the approved EIR dated received by the city 7/22/02 which states in section Existing Conditions page M-3 "Two main streams drain the project site, Bruce Creek and Ramon Creek, both ephemeral streams, running only occasionally after significant rainfall." There are several references to this fact throughout this EIR. Phil Drell expressed his concern as well 3/27/02 when he requested an EIR to be done. The bottom line is this. These two creeks were dry before Stone Eagle put in the golf Course. Now we have water rumiing 365days a year. During the hot months we have biting Black Flies, mosquitoes, and other flying insects that this neighborhood never had before the golf course went in. As you know mosquitoes have a range of 5 to 15 miles depending on the species. Barbara Stanger who 1 ives in my neighborhood contracted encephalitis last suimner a strain passed from a sheep to mosquito to humans. Toni Carver gave me this info and has told me that Mrs. Stanger has permanent damage to her nervous system such as the shakes. This situation effects us all. Not only encephalitis but West Nile Virus already found i�Palm Desert. Maintenance Agreement problems as fol�ows: 1. page 3 Item 2.2.1: The pump located in Bruce Creek has never had electricity therefore has never worked. However this retention basis has been allowed to fill and sit for weeks full of water breeding mosquitoes. 2. page 3 Item 2.2.2: Mosquitoes proliferate every 10 days according to Rod Chamberlain from Vector Control who has sent teams out at my request while this process has been taking place to treat for mosquitoes. They have come as a courtesy to me but ultimately they will take the stance that the property owners have to clean up themselves. So inspecting monthly is inefficient especially during the hot summer months. The water stagnates in some areas. Also if they find mosquitoes what do they intend to do about it?I have talked to Rod Chamberlain and Stone Eagle has not discussed any plans with them as of this meeting. What is their plan? Item (x). Removal of non-native vegetation species should mean total removal not stacking up on the sides of the creeks causing insect and mosquito breeding sites as well as a fire hazard. 3.page 3�Item 2.2.3: (ii) " owner(which I assume is Stone Eagle ) shall have no �� G /�r G obligation to perform any work on property other than the properiy."which according to your recitals only includes Stone Eagle property . I am not privy to your e�ibits. But Bruce Creek runs about a mile. I consider this a huge loop hole in this agreement and I can promise you Stone Eagle will hold you to it and not take care of their responsibility any further than their property line. My experience has been nothing gets done unless they are forced as is evident from even having to have an ageement. 4. page 4 Item# 2.7: Deficiency Notice discussion( a mutually agreed time) what does that mean? It has taken 8 months to get this agreement and four years to get it done. 5. page 5 Item Conflicts: complaining party I guess is us. What's that ? I do not want to police these people anymore. This should clearly be the responsibility of the city to enforce your agreement. By having this statement it is pretly much the same way it has been for the past four years. We complain and the city takes months to try to resolve. No deal. 6. page 5 Item 4 : third party legal action. To have included this tells me that you really do believe that there is a problem and faresee future problems. You are covering all the bases here for liability . I really can not blame you here because this situation won't be getting any better. In my opinion of course. In conclusion I ask you to vote no until everyone agrees on the final Maintenance Agreement. I am requesting these clarifications be changed and or made to agreement. It is your civic duty to protect and preserve our beautiful city. My invitation for a ravine tour is still on the table for all interested parties. Boots and mosquito spray is required. .____. � � ��r � . _.,_-- . J, / � Response to Director's Hearing Report Dated Jan. 17,2008 1. paragraph 1. In response to statement of water flowing from tributaries into Bruce Creek needs to be clarified. While it is true that water does flow from the tributaries in relation to the Cahuilla Hills the history of these flows correlates to weather conditions. After a hard rain,water will indeed drain into Bruce creek as it is the natural course of runoff. In fact this has happened again this year after the rain in Dec. The rain runoff started to flow and will until the underground fissures have dried out. This is a natural occurrence that has been happening for thousands of years. However the drainage does stop,the time line depending on the temperature. For example: winter takes longer, summer is almost immediate. To say that irrigation, construction activity, swimming pools, etc. contribute is a stretch considering most of these items were brought to your attention by me. Example: It was through my efforts as well as Dr. Meintz that the irrigation leak due to construction activity was found and corrected. It was also through our efforts that the cisterns placed in the ravine in the forties by previous land owner Burns to coilect natural runoff were found to have been deliberately unplugged therefore letting this irrigation leak run through instead of collecting the water causing a temporary water flow. Both of these items have been rectified. As far as swimming pool contributions that is ridiculous. There are tW�imming pools directly across from Bruce Creek. One of which is mine that has neva�been drained. It has not been drained as I did not want to give anyone an excuse to blame us again. The other two pools are fed by natural springs and these pools act as a reservoir. There is not enough water in all four of these pools to cause the constant water flow in Bruce Creek. Oh and by the way how does any of our water contribute to Ramon Creek which also has irrigation issues? I also disagree with your statement that due to long term activities Bruce Creek can in no way be considered a pristine environment. That depends on one's interpretation of pristine. The facts are:l. Bruce Creek has always been dry with the exception of a rain.( This fact is also stated in the EIR done for Stone Eagle) Any runoff from Cahuilla Hills had and still is underground with the exception of drainage due to rain here on in the mountains above us and is seasonal. 2. There is water flowing in Bruce creek continuously 24/7 365 days a year now that Stone Eagle has built the golf course. The amount of water flow through Bruce Creek is now measured by the amount of irrigation runof£ Example: water is increased during Summer months and at seeding. Water is also increased when they pump out the ravines above the debris basin. Show pix. Stone Eagle was observed by several residents and these pictures were taken of water being pumped from the upper ravines directly into Bruce Creek at an amount large enough and swift enough to wash out the city trail as well as flood the secondary retention basin.The water raced down the creek and caused extreme erosion all the way down. This flooding occurred on Sun. 8/12/07 and 8/19/07.These pictures were taken 8/19/07 by Mr. Davenport and myself. Fact: It is against city code to pump water onto adjacent property and I called Shawn in code enforcement on 8/20/07 and was told that he could do nothing about the secondary retention pond or the fact they dumped all this water until Public �� Works gave hirn direction. I called Teri on 8/22/p7 and relayed��myQf�s ' (T uifo�� and later that week provided him with photos of the incident. I found out about t ravines on the top of the course from Rod Chamberlain from vector control as I al him reference mosquitoes. I was told that he and/or staff had contacted Nizer led check out the course and v�,as told that he would have to come back in a cou for access to Rod walked up and found this water on his own and it was treated for mos ple of weeks. Rod waited the two weeks the water would have been all purnped out. I f d tltoes. Had extremely curious as Rod h a d d e l a y e d c h e c k i n g t he course until after the wat h testi my request as to not add chemica l s an d s k e w t h e t e s t. n g a t 2. The statement residents have alleged proliferation of mosquitoes makes me t ' are still not concerned about the health issues relating to mosquitoes. There have b e ou and will be again mosquitoes because of standing water in Bruce Creek. This is a f n vector control can verify as they have come up several times after I requested assistance at from them last year. They have been through the creek,my neighborhood and the course on a regula.r basis. I have been told by Rod Chamberlain that vector will eventuall stop treating the situation and focus on the clean u , owners having to deal with this issue at their expense t that venture it will be the property 3. Access has always been granted so this continuous attack on Mr. Bartiett is reall unwarranted.*S�bne Eagle wanted an easement for access recorded against Mr. Bartlett's property. This was an unreasonable request as Dr. Shear was given a release of liability which was more than sufficient. Consequently no maintenance has been provided for Mr Bartlett which really has defeated the whole • issues and quite frankly is childish. It is my belie be au e�Mr.iBartl tt has been the mo vocal he has been punished. How professional is that? st 2.Paragraph 3. The opinion of the staff project conforms with EIR. Go back to para a h 1 second sentence the project EIR have indicated that Bruce Creek was historically� p except for periods of heavy rainfall. You can't have it both ways. It does not conform to the EIR. Bruce creek has water flowing 24/7 365 days a year. Huge change for the environment. Conforms to applicable city codes? What about dumping Water directly into the creek this summer? What about nuisance water? 3. Mitigation Measures: 1.The ravines above the debris basin also collect runoffand should be included in maintenance. Once a month is fine in the winter but the sununer�,arr�ts weekly checks as mosquitoes breed every 10 days. As for the purrip at secondary retention pond. There is no electricity. Never has been. The only time it works is when it is hooked up to a generator. If a generator is used there must be provisions for noise. There must be strict re-enforcement here as Stone Eagle does not do anything until forced or right before a meeting they get busy. 2.How will non-performance be handled here. I do not want to police this any longer. L�,,(�.� � � � � $50,000.00 is chump change here. What did the water testing cost?Also figure in the costs for the city having to clean this creek. $50,000.00 is walking away money. Put some teeth into it. 3• Any pest control to be verified with vector control. Golf Course Road: I still have a problem with the re-naturalization. When we did the water testing in July we were told that more work was to be done. Nothing has happened. Look at what Dr. Shear did to the road Dr. Meintz had cut in. That looks natural. More rocks are need as well as fill to level the grade. Water test comments: In regards to the water test. While I am grateful that these turned out as well as they did I am also concerned that additional sampies were taken after the creek was flushed out twice. My question would be: Would the length of time the water had sat and been allowed for concentration overtime have an effect? I believe the answer will be yes. I still believe that the small trickle of water at the Cahuilla Wye is a direct result of Stone Eagle changing the natural flow of runoff at the rubber bib pushing the route into another fissure resurfacing under the hill at the wye. While I concede that runoff from Cahuilla Hills would probably be a factor after a rain, common sense tells me what I have seen and photographed is the fact that when the flow of water lessens from the course this area at the wye dries up completely. I would also like to point out that the highest count for Coliform and e.Coli was at site#6 the first waterfall. The first waterfall is the closest test site to the course. There were also some contradictions in reference to some chemicals being present in the first test then negative later. I feel that the flooding of the creek affected the second samples. Like I stated before. I am glad nothing harmful was found but I am not completely comfortable with the accuracy of a true sample being obtained. While I am grateful that the city did have the water testing done I feel that a dye test right from the beginning would have sealed the idea of where the water is coming from. I feel that over three years my life have been interrupted by this unnecessary ordeal had the EIR been enforced. Because of the mosquitoes being a health issue is why I have been willing to make this sacrifice. My requests have been simple, re-naturalize the un-authorized perimeter road and be responsible to the community for the mess that was made in both Bruce Creek and Ramon Creeks. Frankly I am very surprised that we have had to do all of this with Ted Lennon's reputation as being a Friend of the Mountains. I figured being the environmentalist that he is proposed to be that this would have been done immediately. I am hoping that this ends today with a workable outcome. If not I am prepared to go to the next level. Nancy Scott 831-6213 — � ..--- ��, Coachella Valley W ater District ��'-�'� l�� BILLSUMMARY j PO BOX 5000 Customer Name Service Address 71-487 PAINTED CANYON COACHELLA, CA 92236-5000 � (760} 391-9600; www•Cv�n+d.org AccountNumber �3�2��2009 Billing Date $30.50 BILL DETAII j Total Amount Due 52 CCF 38896 gailons Your Water Budget for This Period 25 �100 cu. ft.) 18700 gallons Water Use This Cycle `The water meter at this address is an Automatic Read Meter. 7.00 Service Charge g CCF @$.85 Tier 1. Excellent 16 CCF @$.g4 Tier 2: Efficient CCF @$1.41 Tier 3: Ine�cient CCF @g1.88 ACCOUNT INFORMATION � Tier a. Excessive �CF @$3.76 � 1 ResidenUal Tier 5 Wasteful Rate Class 27 .94/CCF 523.50 Days in Billing Cycle 989 Total Consumption Charge Meter Reading on 03l23/2009 previous Reading on 02124I20U9 964 Tiered rates are coming Under tiered rates,your current charges would be:S29.69. Please do not pay this amount now. Beginning with your May or 530.50 �une bill,you will be charged, as shown in the bill detail on the left, a Total for This Period different price per 100 cubic feet of consumption in each tier to encourage efficient water use. For more information; please see the 530.50 bill insert,visit www•cw�'d.org or call the tiered rate help line at(888) Total Amount Due 3$$-3255. WATER USE HISTORY Congratulations! You soo --- ----------------iy �� would have saved water 8� money - Your water use last month 25° shows that your efficiency in staying within your personalized water budget Zoo has reduced the water � demand on the environment _ and the need to import 150 '� � ._ additionai water to the valley. �' �•—- _,, When tiered rates take effect, — •—-�� "�.\ that saving will be passed on i� _ _ �oo � - -� '. to you i n the form of base rate ___ � ,,,` ,� charges. For more � � � �� i �� '� — information about water �� ,_ � � _ conservation and how to so �� -- � improve your efficiency even more visit Coachelia Valley _ Water District's web site at o �t No� peC �a� Feb www.cvwd.o rg. Mar Apr May Jun Jul Aug Sep I�Curt�eM�Prior • •- •Tier1 — — Tier2 — -- Tier 3 --Tier 4(eoerytivn9 above Tier 4 line=Tier 5) Water Usage This Year Last Year Mar 25 20 Feb 24 26 Your water efficiency Efficient 2g 21 rating this month is: Jan [�� . .�-�.� � % , Mark Greenwood City of Palm Desert Palm Desert, CA. 922365 Dear Mr. Greenwood; I am writing to you at the request of Mr. Kris Schulze from LDD Desert Development, Inc.. Mr. Schulze requested that I provide you with a brief report of my findings on a recent inspection of the Bruce Creek area with regards to mosquito breeding conditions. On October 6�', 2008, I walked the length of Bruce Creek to ascertain the progress that Stone Eagle maintenance staff has made on vegetation management and water channeling. I was extremely pleased with the condition of the creek and the removal of problematic vegetation that has been accomplished since my previous meeting with Stone Eagle maintenance staff on September 2°d. I found no mosquito breeding during my inspection and in a subsequent conversation with Mr. Schulze, he mentioned that a mosquito larval control product was being used by the maintenance staff during their routine maintenance program. Mr. Shultz also informed me that Stone Eagle intended to assign a full time maintenance employee to maintain the creek in an acceptable manner to minimize mosquito breeding. I want to emphasize that my inspection represents a snap shot in time of the habitat and conditions and for long term control to be effective, the habitat maintenance program must be ongoing. Without proper maintenance the creek will quickly revegetate and could become prime mosquito breeding habitat. If you have any questions or would like more information on this matter please feel free to call me at the District at: (760) 342-8287. Sincerely; Rod Chamberlain Field Supervisor Coachella Valley Mosquito and Vector Control District �� ,�1�� 2_ cc: James Saulnier, Operations Manager Don Jeffers, Interim General Manager Kris Schulze, LDD Desert Development, Inc. � . . o, ��.i!�� 1.44I'�� G V MUSC�UITO VECTOR 760-775-0196 1� �f.'o, G1 2 P. 1 �j AssiAnment Request #, 7033 ___ . . ,. __ , Rece[ved: �[Z0.07 13:37:45 _,,_. Zone: 4 _ _ Supervisor: Saulnier, James __,. , . Prob 7ype: Mosquito_Field �.Lab _.. Inspectol': Ginn,Gerieva Customer Rectified: [� Z007-Feb-21 12:00 am . . ... _.. . Name l�ancv $COt� Phone Day: � _ Phone Eve: ,(760) 831-6213 Whcnhome: _ ..__.__ Problem Locatlon �.Customer Address Locatlon No: _. _. .._ ._ $�� Gustomer No: 6079 _._ --_. Address; Stone Eaale Developme�C.-�y �4 Company: ,___ — --- _.. . City; palm pesert _ _� CA 92260 Address: 71-487 Painted._Canvon RD Cross Street: __ . CiEy: Palm.DeS�r� CA�22.60...__.._ Subdlvisian: - ._ Apti No: �PS lat/long: _ Map Grld Details of Request _.._ _. _. . __. .. _... Brlef: Excess water ma _.be ��sl ''� '`-` ` �' � y �Lq paols of water to..form..in the canvoii��-�-1.; •.�,�.. __.. Notes: Excess water may f�e causing pools of water to Porm in the ca'nyotlf�b�low hQ' `tiome. Please inspect and � �t�r-ea"t thes� areas for rnosqultos. : ��';'n;.L-�<'r'°".':a . I � ✓"' ;:OL7-i��i•.?. ., . . . . � . , � � ' � ,. ��l',ii� .i i f�ti'i�..� . .. . � , i ..—- . . . . . . �SR Closed on 2/21/07 by Geneva G. (abby) �:�.��;tc7'rr;c:r r�c��.�. � � _ ' +s (•,(�"!';; . ! � , . 71 �;)J �::�,�ir�1:r_:; t . • _ .. --- I� ^y; �°�,lr,�, Ci:,:,er�: . ::� 9?.,?��11 ... . .._._ -- _ _...._ --- �--- Habitat: �RSDW—� _ _ Hazards: ,:.;�.,: .. . ..._. _. _ __ .---. . ..._ . ... . ..� .. ... � .... ... .. j�,I'T�.y. !'!e �,,. .'1: ��:i:; �`�� , }. Accessing; �et up appt. on 2/15 or 2/Z6 around 9 am. '""' �?ir.,,, ,'.,,. . , . � .5., . � .�,.,. . . . . `i � ...�. ... . �__ _ �C..�v � ..�i . .. .... ... .. ,..._. ....� .�..,..... Time of Day: Dawh:� Morning;� Afternoon: Q Dusk:❑ fVight: l__� Sample: __., . , .. ., : f.% %-�, �:; _�s'`. -- Prob. Source; � _..... _ _.._.. . , Permissions: ;INSPECT; _._ _._ ... _ ,. . Userdef: � L "��;��:s�i;: :s.;;.,< � � r:, _._. ._ --• --- --._.... .., �•�i�� • � 4`;� < <.��rc: , ' . '''.: --. .. . '� _ �� ''°`'�` � �;f i. `��f' . ' , .-.. - ,- > . - � ._`j��.:�, �- .. • �...ti;fI _ , !�(t;l�f; ... .;:,c;:, _.. � �, , � ��.��y � :44r�v� � v iviu��u� iu vtt; iu�� 5u—Irh—C�196 �� ;�,�:� No, ��392 P, 2 . /� Task Log for Lo�ation STONEEAGLE Name: Stone. Eagl`e Development�Page 1 , :,,, ,, _ 'Ihsk Employec • Corr}plaiut ..Timestart TYmeend , 2007-Feb-i5 Larvicide RSPL GInn,Geneva 703.3. p8:45:00 12:00;00 3.ZSHr Ait Brc� 1.�00 ea 100.000 sq ft. Ground . .. R�,FL. Golf ; Larvlcide RSPL Ginn,Geneva -,..,;� , 7p3� 08:45�00 12:OO:ob g.zs Hr 1ZAS o.330 fi oz 100,000 sq f[. Groun�i • RSPL Goll PR RSPL Ginn,Geneva � '-�'.�70�3 '� 08�45:00 12:00:00 3.z�Hr Made rontact with Homeowner (Nancy Scott)she took me and Rodney in�ttie.canyon's to show us the � ' wa[er runoff probiem coming From the Stone Eagle GoIF Course, planted afto brick&treated a difFe�-ent site w/BTT-12as. Inspection oP pools of water in canyon were Found breeding. Sampte a�d treated. 2oo7-Feb-21 Larvidde Ginn,Geneva �033 09:45:00 10;I5;00 o.SoT�fr Alt erq 2.000 ea 200.000 sq ft. Ground RSOW Gol( PR RSPL Ginn,Geneva � ,� �7033 , 09:a5;00 10:�15:00 o.�oT�r Planted se�ond set of Al�o brlcks In Tlm's Canyon, inspection done�n'�Tdcri's`¢ar�ers Canyon &planted �4 ' � "'-='�l �'' Alto �ricks in plastic lined pond, added this s1Ce Co the "hot spot" list SR Closed.an 2/21/07 by Geneva Glnn , ,: -�. ' Larvicide Gfnn,Geneva i7.03��; .. 10:30,00 12iQ0-;O0 i. o Hr .. ..__..-.-.--_.....__..._--- Alt 8r %i'..i'? '1�; OQ._..,.'.Z,.�_'i.... 9 4.000 ea 400.000 sq Ft. Ground RSDW Golf"' ' ' 2007-Mar-O�. Assist RSCH Avalos,0ldembour �.::�:.:A7033�_'�_'" iZ:45;0a I�:30:00 _i.7��lr _ Palm Desert Cahuilla Way at tlle Canyons, asslsted Geneva'with inspecti�n %�%�_� � ;G�r(iG ^,:�,Fle- Survey Ginn,Geneva 7033;5;'i_ 12:45:00 7.4�30'00 i.�SHr olde assisCed In the relnspection of Canyons,sample taken of posslE�le tif�i�t�,ffy;(arvae�. ��"' ��"`� -'-��--�'�—� .. �. �-� �•. ..„�... 2007-Mar-20 Survey GInn,Geneva. �;,�:.,, • p8�45:�0 1[7:00:60�: r.2 r. �C:•�'iri'=i;," ;.:J�;j�:li :: 5 Hr Olde assisted, sampie taken from Canyon and created,- Culex anld ArleSphofes::�'��:�, " � ��s Assist RSCH Avalos,Oldembour . 08:45:00 1U:45:00 �.00 T-Tr c�. 2�n^ ;rr�.�c:�;i. AssisCed Geneva at Palm Desert, the canyons - •• •• -• -•, �-- � �-.• ..••.---.-._________. r��?r . .;r •� .,.., ,. . Larvicide G1nn,G�neva , � 1o:0o;00 10:R5:00 o.7gT-Tr Alt 8rq 3.000 ea 300.000 sq Ft. Ground .. . -. .,- •R6DW Gol1 ~ - -�---- 2007-Apr-J.0 Survey RSCH Aval.os Oldembour �. t;:,..;,!', � . , � '� n � ..•,1i1.+,,J�....,: ..�n: 08:40�00 10J00'r 0'..` �l'�'3I-I1'. Palm Desert, The Canyons @ Upper West Way Road, Inspection dane„tfre��ding�Found, hliguel Asslsted�� ; . .;... • • - : W._.�___ Assist RSCH Employee,Seasonal ._ . 08:40:00 1Q.:3Q�:.OQ�....i.83.i�3r....,. htiguel Vargas -asslsted Olde --- ,. 'i`�`i:�;'� : :.�'��.'?`:J�' ��,��[�.._. Larvicide RSCH Avalos,0ldembour ` " .ZSr '•' 10:00:00 ip;."ip`�6 p;gd TYr .. _ .....__.. -��"r -� . Alt er9 5.000 ea 500.000 sq ft. Ground .: `�_.�_._._:_':'',:f�R��}�. ' Goll�.'�(''_�J�%_.._%'>.�i.?'.i_ Survey , ;.:- �o�; -�. �.: . ci RSCH Avalos,0ldeniboUc. �°..::` ._ 10;3o:00 11`aO.:.Q� _a:50.ffi�.__. Palm Desert, The Canyons @ Cahullla Way, drove by to check area for access'�d�slte. -� ��>�� •7;�!�' 2oo7-apr-19 Survey RSCH Avalos,Oldembour _ �:_'.''-��"_z:� ?;, .`': '.�pg�35:D0 10,;,Q0:D.R:. a.q�Hr,.,. Palm Desert, Cahuilla Hius way Canyons, �nspecEetl sca[[ered pud'dleg;:breediRg�(nund�in 'some puddl'e's;'�� ' =��'' (Miguel ASSisted) z:;i��p'i,i'i:3r�)'.,% .' ^+ asslst Employee,Seasonal,., . , , 4 ,.,`,,,.,.. 0$t35:00 10:30:OD 1�,g2�$IA� Mlguel Vargas - Assisted Oldie � � � •• . _. . ,,... ..� �-.�,. . Larvicide R5CH Avalos,dldembour � 10:�0:00 Z0:30:00 o.g,q�t Alt Brq 5.�00 ed 500.000 sq ft, Ground • � - RSCH Golf - .. ..�.,��-- z007-May-3o Assist RSDD Employee,Se�sonal 07:10:00 09;QD:00. i:.Q�HY ', `-. .. , miguel vargas; asslst Olde , ; -.:�;i�;:•;s ;� . ; � ^;:,� Larvicide RSCH Avalos,Oldembour' _.. „__ . 07:15:00 08;(�0;9q'...0;'9,$.7�1�.r._.._ Alt erq 8.000 ea 80�.00o sq Ft. Ground � _ �� FiSCH Golf��' `�� - '•�;; _ . ,., _.. . . ..-. ,:..........,,;...,..,�-.,.._ Larvlcide RSCH Avalos,Oldembour , , .,.__ ._, . ' ;"� pg;p0:00 08:55,'�b o_��. f�s_. �i)�C�"'i . .�� Alt Brq 3.000 ea 300.00� sq ft_ Ground -- �^�' �RSCH Golf ' � - ,�".)�fr ....'':J�,j-'•r : --- r•��. -s,�-.-�---., , , , .., � _.._.... .. U..;.��f :�jc1 E.U:_. .� �L)i r ,:�(:.".i.. il_`�:nf�:.. . . . . .,, 7��, TaskvLog for�Location �STONEEAGLE Name:rSto e� a e D v �13�� P� 3 =-� �E - ` � elo : � 9, pm�nt/;Qage,,�.. ,. _. :, .. �.:: , _.�;.,:::�_. 1'&sk Em lo ee �ti" ..;;;�;:: T� Y Complaint 'I�mestan 7�meen� 2007-May-30 Larvlclde RSCH Avalos,0ldembour � 08'SS:00 09:30:00 o.g8 Hr Alt Brq 10.000 ed 1,000.000 sq f Ground - ft$C.H Galf �'�. •iFlv.� . � `. ::( �,��5.•j�� Larvicide RSCN Avalos,0ldembour . `'�-�� "" � _ ,•=- 09:30:00 09:`45:I�O.. .o.¢g.H�:.. Ait Brq 4.000 ea 400.000 sq ft. Ground _ �RSCH `I� , �� '�,�`'!''� Gol( , Larvicide RSCH Avalos,0ldembour .� 09:45:00 1Q IO�p�� oq�.t�'r� = alt PelleCs 4.000 oz 2,722.500 sq (Ground - `"' �`��'1 RSCi� Golf • . 2o07-Aug-01 Larvicide Glnn,�eneva � ` � oe:3o;oo io �o ao 2:op�r� Alt Brq 6.000 ea 600.000 sq ft. Ground , Gq�� + `. � ; . . . :.- R�DW •' 2007-Aug-06 Survey GInn,Geneva � � . . ,: - .... _ � 08:30:00 10;30;00 i.00-�Ti•- Inspectlon & treatmen[!n the Bruce Creek area � ��:� .;.:,c;�-��„'�:,: t �' w�� . � ,... �,.., . .. . ..•:: ;:r Assist RSCH Avalos,Oldembour � �' '�� •, =,. :.:�: ;;,• ,• , 08:30:Q0 13;00:,00.:.4�5P•Hh.. . P,D, Romdn Canyon; assisted Geneva, zone# 4 (eruce Canyon) . .' ` �'� .�.-r.i,Ct; Larvicide RSCH G�nn,Geneva . . . ,. "�� 10:30:00 11:00:60 0.56�Hi�--• VecColex WDG ' ;�' ��,!;rf 1.000 Ib 1.000 acre Ground ..i. �� aSCH Golf ''' :ri � �arvicide RSCH GInn,Geneva ... . . � . �- � � 11:00:00 12;30:Q0 �:�o t r--� Alt Brq 1.6.000 ea 1,600,000 sq FGround _ _ � R,� '�'` `` '�'�" -_:;i-:-. ;-,.,:. �H Golf .,.. Lary ic i de RSC6 GInn,Geneva ' 12:30:00 13> 0 Q, o,;�a' F Alt Brq 22.0�0 ea 4q0.000 sq ft. Ground � tZG` -� '-RS�,C9. Golf _. ' 2007-Aug-17 Asslsl RSCN AvaJos,0ldembour � � ' ' ' P.D. _ .f. 09:30:00 ii: o:.:; 2. � r. . !Z<i`% ... . ... . .. , •. , ,. Larvlcide DCDP Ginn,Geneva ,. ,- ' . ' 09:30:00 11_�b:d;6.� �;�b;H�.- Agnique 120.000 FI pz 0.750 acre Ground � r� _ , ,,b;�tjp. s_�: ,s;� .' : Gol( ' ' 2007-Sep-06 Larvlcide Harborage Ginn;Genev� � . � ,. �� -�-`V�- 08:45:00 10:�0 b�b 2�g�F�'�r ' Alt Brq 9.0o6 ea 900.000 sq ft. Ground ' � � ' ' Hirborage Gol( ,. 2008-Aug-18 Larvicide RSCH Avalos,Oldembour , � � � - 06:i5;D0 l0ip,a�00. i;�g: r;. Alt Brq 15.00o brq 300.000 sq ft. Ground '" �� , RSCH - •--. � .�-. Golf :_,_ ..;. Larvicide ��-'• j>�� •s'�Fii�•.. RSCH Avalos,Oldemhour 1o:00:00 1i:15:00 1.ai;rl�� A�t Br9 20.a00 brq 400.�00 sq ft, Gtound ' "'-" RSCH _,t;,> Goll :;:. . �r::... 2008-Aug-25 Larvlcfde �� ` �Fi> -� RSCH Avalos,0ldernbour 08:00:00 li GO 00 ��51�� [reated scatterd n th !''`.�' 3:001-h '� �� 9 ��0 sq ft. Ground � .. R.SCI1 Golf ;':;;:;�:. ��.-,.-�>�-. Survey �,...:;;: �,�,,�Itr Employee,Seasonal � ;-' 0$:00�00 11;00�00 3.oqT�r ,,,,4::': Victor Scri�ia - assisted Olde with insepCtions adn treaEment of Bruce Gany.on', -: , •; �-� �'� . - 2008-Sep-02 S�rvey '�. �" �"t� ;. '- RSCH Avalos,Oldembour � • ,.,., 4 ., 07:0�:00 08 45 a �:75' r Met w rod &Stone Eagle CC Personnel at Bruce Car�yon Creek • . • '�,: ZODB-Dec-30 Survey RSCH Avalos,Oldembour �- � ,� y � .� ramon a-eek, inspected scattered puddles, n o b r e e d i n F o u n d . �. ' 11:45:00 12r45;00 i.00 r 9 , p a C h i�.b,e i p g kep.��c 1ear o f vegl[a[lon � 2�09-]an-14 L�rvlclde RSCH Avalos,0ldembour ;�: , - 10�30:00 i2 O:o.bQ i,��'oi�"r Alt Brq 15,000 brq 150.000 sq ft. Ground ` .;f�6GN - Golf.: . . , - ��:,. ._. ... . ' ''' :,'. . ' � �`r . .,�'�r�rr"�: ..j•�: ." �'f..�.�, Nours spent at location STON�Lr1GLE 2ooG-Nov�oi-2oo,9:-Apr-o6: bz.5o Hi• . . . ., , ,:.. .::;i;: , Toral Hours 62.5o Hr`.�. " -� .- - ,. ;�I,f'r.: . .. , . . .;�y....-.... .�.. , _._ ��. _ . '. j�.�:7,,,. . . �' .;.y_f.'__, . . ��.' � ��1' . '.ilf': � r.. � ii.�� ;�'. :y;:',t,'.,'�=.: � ,.. � . ...... . .� . 'i.:�_... .... . ._ .._. 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X �; K .-: x �. -��i� � �f 3 � � Crest Gotf Club&Residential Vitlage/Draft Svbsequent Enviro m/njtal Impact R e ort � �?-' � � �ection III—Im acts p P and Mitigafion Local and On-Site Conditions , � The Wiutewater River Storrnwater Channel is the main ciraivage facili ' Va11ey, anci is located about two miles north of the pro osed c � in�e Ci � Rosa Mountains, the sub'ect ro e �` �d �e.Coachella � p p riy a.t1d other development and�S �e tVici�n��Oisf d S m the Santa �e P�1Cn Va11ey Storm�,ater Channel, whi�h fl o w s n o r t h i n t o t 1�e W�te C h a�n e l d r a i n s t�ie Ca t, De a d I n d i a n �d C w a t e r�V e� �e Pa� V��y Rosa Mountains. �o Canyons Iocated t o �' t h e s o u�h a�d ��ntng t�e Santa The Federa.t Emer enc , Zone C flood h g y M�agement Agency (FE1�A) delineat r' �'d �one, an area of eS �e subject property as occurring i� a limits of the S00-year flood, excepting hat p rt on �gof the pa�ect prope - of the channel, incjuding Bruce Creek and Ramon C m'is also largely outside the lm Va11ey Channel. The drai.nages west � property, may �onh.ibute to l03 aIized flooding along thekws�side o�f which pass through the subject areas are designated as,Zone O . f the Pa.lrn �r�1e Ch t y a�u�el. These Ramon Creek � Ramon Creek passes through and most of its watershed is located within tributary area occurring Section 24 to the north. The dr ' Section 25 � approximately 0.56 square miles and at its outlet at the Palm Valle Cha � �th a limited flow of 680 cubic feet per second (cfs) and a s� alnage area of Ramon Creek32 encompasses ( Y nnel discharges a 100-year peak i '-' -ui ephemeral desert wash cuttin andard Pzoject Flood (SPF) of 8I9 cfs. R aiiuvial deposit� prirnarily at its point ot disbharge at the�Patm V �On Creek is ry most of the time and is comprised of limited alley Channel_ � Ramon Creek is projected to generate a SPF volume of about 164 acre feet a 3.25 acre feet. This creek has an overall length of about two miles, most o northern and eastern portions of section 25 nd a sedirilent load of about f which passes through the � subsequently pass� � p�sing off=site and crossing section 30 to the east, and � � g thought the eastern-most portion of the project development site in Section 3 Bruce Creek 1• Bruce Creek is a Iarger, rnulfl_branched dr ' � ` of Section 25 and through the central portion of the ub e n�o�'e ich asses P thxough the western portion Bruce Creek encompasses a ro � p P rtY in Section 31. The drainage a�.ea of discharges a 100-year peak flow of 1 31y 1.15 square miies33 � �d at its outIet at the pajm valley Channel , 06 cfs and a Standard Project Flood of 1,661 cfs. Bruce Creek is projected to generate a SPF volume of about 336 acre feet and a sediment ioa portion of Bruce Creek originates in Section 26 and flows through the northe ` d of about 6.10 acre feet. A I Hilis neighborhoodr�,,, _ _`��e��emeral deser� rn P°rtion of the Cah�l�a of�rhe ' _ wasb cut�in - tune and generates limrted al�uvia.� de � g�`ough bedsoc is �ediately west of the P I�sif.s l�.rgety:r,6nce�rated at the -_ � �'most _ a�rn ValleY Channel. � mouth of the creek �_; 31 "Seismic, Geologic and Flood Sections of tFte Technica[Background Report to.the of the City of palm Desert". �: �z Prepared by Earth Consuita n t s I n t e m a t i o n a l.J a nu Safety Element of th e G e n e r a l p j an "E x i s t i n g C o n d i t i o ns Hy dro logy&Sediment YieId AnaIysis for the Crest Project Site".Pre ared b ary I7,2002. Civil Engineering.June,2002. 33 P y Pacific Advanced "Existing Conditions Hydrology&Sediment Yie(d Analysis for the Crest Project Site".Prepared b Civil En ineerin .7une,2002. y Pacific Advanced F III-28 j ' i � ' ✓�� . G �� ' Crest GoIf Club&Residential Viilage/Draft Subsequent Environm/nita oImp�mR port � Section II—Regionat Etivironmental Setting Geology A.s described above, the proximity of the San Andreas Fault Zone has si 'ficanti ; character of the Coachella Valley and tiie City of Paim Desert. The San Andreas F�e�d the geologic plate boundary between the Pacific and North American tectonic plates, and �Se � ne is the�main of the �orthem boundary of the City of Palm Desert.3 The Coachella Valle is oca�4 �lometers ; Peninsular Ra.�,ages,g�Q�o�,phi�.. �uince. Y ted within the P�' _ . ,_._ at.the bo�dary_Qf t1.�:,��Q��:�Q.i?e�e�. eo o... . ' . . , . ,' The Salton Trough, a lazge northwest-trending structural depression, which e�cte ds P om the S� Gorgonio Pass for approxirnatel y 180 m i l e s t o t h e h e a d o f t h e G u L f o f C a l i forni � � o f t he Co lorado Desert province. The C o a c h e ll a V a ll e a, is the domina.nt feature Troug h. y i s l o c a te d in t he northerly portion of the Salton � Tw o geotechnical reports were prepared for the project site, including a 2001 stud A and a May, 1990 study for Planning Area. B5. These reports provide detailed information o�he project site and are discussed further in Section III. (A1so see Appendix F). '�� As discussed above, the Coachella Valle 's influences to the west has resulted in a local ubt opi�al pl mate with very l limited�ainfall thr u h arine of the year. While annual rainfa l l t y p i c a l l y r a n g e s fr o m 4 to 6 inc hes on the desert floor, no measurable � g much rain fa ll has been recorded in some years. The surrounding San Jacinto, Sa�ta Rosu aad Little Saii Bernardino Mountains are generally subject to cooler temperahires and receive more ra� valley floor. Runoff is charuieled through large watersheds that drain into the valley below.�all tlian the In the Coachella Valley, most rainfall occurs between November and March but intensity thunderstorms may occur during late summer and early fall. Although the desert floor can e dry at the begin.ning of a rainstorm, the ground can quickly become saturated when exposed to sufficie amounts and intensities of rainfall, substantially decreasing percolation and increasin �o ff nt runoff produced upstream can potentially result in significant damage downstream. Urban deve opment which creates large, impervious surfaces, aiso increases the amount of runoff produced in the valley. � Portaons of the proposed project are located within the Bruce�Creek and Ramon Wash drai� es c�'aining tlie foothills within and west of the planning area. 'I'}re� �,,��hes are exce g ' " . Stormwater and debris originating from distinct and limited wa ersheds areico��e�� th�ough and constrained within the creek and wash, and discharging into #he Palm Valley Stormw ter� Channel to the eas� 3 "Seismic,Geologic,and Flooding Sections of the Technical Background Report to the Safety Eiement of the Plan for the City of Palm Desert,Riverside County,Califomia,"prepared by g��nsultants Intemational,January, 2002. Y4 "Geotechnical Engineering Report,Cahui(la,The Golf Club,Pa(m Desert,Califomia,"prepared by Earth Systems Southwest. December 2001. ' 5 "Preliminary Geotechnical Investigation for Mil(er-Pa(m Desert",preParec(by GEOGON Incorporated.May 1990. II-7 � �s} A�� . � �. x �� S � o �� ; n. � .� � �, -o � .o co.a 8 0o v a� ,o . 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Harx�a.k, Esq. M,� ' . W r�...—:,.%n V"�r,'= lZ�: Stone Eagle - Apri19, 2009 Agenda Item .� i:�i.;; � _ � NZESS,A.G�/ZT�N�S BE�TG TR,A,NS�,�'Z"�'BA: `� �"` c.� :�",; c;;. �n Co�y o�Xettex to M;r. Gz�eez�wood.�roz�M�r. Har,na� dated 4/8/09. T�.e�z�fozxx�.at�oz�cozztaxz�ed i�.th�s t�ax�szzx�issxoz�xs attoxz�.ey pxavz�eged,is otherw'ise confidential, and is intended only for the use of the individual or entity named above. Dissemination, distnbution or copyi.z�g o�i�is cozz��ut��catxon zs st�et�ypz��bzted_ Z�you�ave zece�ved thi.s cozx�munication in ezroz, p�ease ix�zxxedxate�y zzota�y us by telephoz�e axzd relu.t� the original message to us at the abovc address,via�he U.S. Postal Service. Documents will be/hav�.be�:n mailed. X . Documents will not be/have not been mailed. 04/08f2009 15: 45 7603601211 ROEMER & HARNIK LLP P�GE 02'05 ....�-�:�. .�, �.:.. �,.—. _._..., .._ �+C��R.�.�� .. ..,.. .�.. � � .�._.�_ _..�.___� �..__...�..- _ _ -- ��Q�� s� � �� , RICHARD 1.ROEMER(1926.2007� 45�25 Es]an�tiou Drive�Ind�nV'V�IIs,Cali�rrti�92�10 oF�ouNs� BRiAN 5.HAR4VIK�' pHCNE��iQ-�ibfl,24Q0 � FnX 76�3�50^i21 I JAMES T.LATTINC,' HELENE P.DREYER KOCN PATRICK J.CASEY MARY E.G�LSTItAP � P'��E�� MARK E.EDELSTEIN r?�iaw��rn.c�am SrEFFANI L.MELLett R�CFiARD A.UMBENHAUER •rrtoFeuioNn�coRa. Ap�rz� 8, 2009 Mark Greenwood, P.E. Via Telefax Only Daz'ectoar o��'�b�zc Works (760) 340-0574 CI'�'Y'O�'PALM DESERT 73-510 Fred Waring Urive . Palm Desert, CA 92260 Re: Stoz�e Eag�e-Apri19, 2009 Agenda I�Cern Dear M�r_ G�reex�waod: This firm re�resents MAJ�C�td. az�d az�d its princi�al, Dr. Peter Scheez. Dx. Scheer is a Palzxz Desert resident and MAJAC o�c�vns twezaty aczes �zx�ediately adjaeent ta Sto�e Eag�e. Kindl�aeeept this letter x� oppvs�taoz�to rhe pzoposed acce�tanee of th� Go��'Cowrse as coxnplete �nd release o�t�e assocaated securities on the foilovving grounds. 1. Easement Denaal. Prior to the eonstruction o�t�e b�dge ovez�.e wash by Stone Eagle, Dr. Sc�eer and others had access to their�zop�ty vxa the Tk�urush Road Bridge. Th�re is a recorded easez�.ent in �avox of Dr. Scheer's�reclecessor o�er�e Sto�e EagJ.e pxo�erty which provided �aw£� access to the wash. This i$the path t�at was used�o�zxzaa�y years. ,A,t tk�e ta�e the City gran�ted appro�rals to Stane Eag�e,.it conditianed such approva� w�th t�e ob�igat�on o�'Ston.e Eagle to replace the eas�n,ent. Stox�e Eavl.e canstructed structures ox�t�ze e�,istazag easement, and mare im�ortantly, whe�xt bui�t the bridge, it so im.�acted the ax-ea t1�at access was z�o �oz�ber viable to Truush Road, ar�d the x�ediate areas modified sucl�that the flow a�watez aloz�g the CVWI?wash has been un�acted. ,A,ttac�cd is a co��of Tract Map#30438�2, s�gned by Ted Lemzon a�o�ag a xxzagx��fied copy o��tkze ze�evan�t porl-ion af that map. It�dez�ti�xes tbe existing easement wk�i,ek�was granted in 1982 and sets forth tbie zec�uire�ment that Stone Eagle replace�t_ Obvaous�y, the City's a��ro�riate intent was to be sure tha�the o�c7v,ners suc�a,s MAJAC and others n.ot becoxx�.e aandlocked. However, that is precisely�the sx�atzoz�now. Stone Eagle is not wza��z�.g to pz�ovide a replacement easetn.ent that will provide a�y access to Higliway 74, thereby 1an,daockaz�g the MAJAC propezty. Unti1 Stone Eagle provides�a�c�v�'iz], access to Highway 74,their project xs not complete. The docixnxa.ents have already been pxovi,ded to Sto�.e�ag1e. All it needs to do i s exec�ut�them in 04108/2009 15: 48 7603601211 ROEMER & HARNIK LLP PAGE 03f05 Mark Greenwood, P.E., Director of Public Wor7cs Czty of Palm De,sert April 8, 2009 Page Z recordab�e£oz�zx�.. 2. �'�espass. Stone Eagle was obligated to crea,te a hiking path on 'its property for the City's hiking �rails. It has failed to do so such that hikers now trespass on MAJt�C property. Tkzis �s not acce�table and needs to be addressed by Stone Eag1e building the trail on its praperty. 3. Use o�'u�zzz�paroved�oad. VV�Zexx Sto�ze Eag�e was o�r�igiz�a��y desxg�ed, tkxe,A�ri,e xestauxaz�.t was z�ot x�tezzded to be an e�c�osecl�ac�l�ty. Howeve�, e�ther wi�hh or wi�thou�t appxovals, ihe stxuc�e was e�cXosed as a zestauraa�t. Now, Stone Eagle branspo�ts guests o� tk�e M,A,7,A,C pzape��hxcb��s xzot paved az�d may be hazardous to those gt�ests. 4. Bruce Creek. Stozae Eagle had xequested that N�,AJ,l1C e�cecute ��x�denax�if�cation agreexnent coz�cezxkizzg t�,e access by its ezxa,ployees to lceep Bxuce C�yoz� cleaz�. ,A,�tb,ougb N�A.J,A,C was o�iginally plaiuung on sigiyng the agreement, we have learned that the Stone Eagle e�mp�oyees axe the oz�es zespoz�sXb�e £a��ittex az�d debxi,s, x�xc�udxz�g bee�r c�s aa�.d g�arbage. Th.e run. off problems from the gol#'course continues. }3ased vn the above, azxd uxrtil these xtem.s are addressed, it is res�ectfully rec�uested that the City i�.ot provide deet�i t�ze project complete and not release the assoeialed sCcuritics. Please eorntact the un.d�:rsi.gn.ed with an.y questions. Thanlc�ou far yo��r consideration_ Yours very truly, Ro�x&,H z�c�.z.� � BRi�.N S. HAEtNII� BSH:eI Enclosures cc: Client J�kxz�.M. 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