Cities Index.
Agenda

Desert Hot Springs City Council
December 5, 2023

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Agenda
Meeting
December 5, 2023
Body
Desert Hot Springs City Council
Pages
797
Original file
144.5 MB
Text extracted from the city's file for reading and search. Open the original on cityofdhs.civicweb.net. That file is the official record.

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City of Desert Hot Springs
AGENDA

REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, December 5, 2023
4:30 PM - Closed Session
5:15 PM - Presentations
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
CLOSED SESSION - 4:30 P.M.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS
At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Desert Hot Springs v. Renato De La Rosa et. al.; PSC1802371

2. Public Employee Complaints
(Government Code Section 54957)
RECESS
PRESENTATIONS - 5:15 P.M.

Introduction and Swearing-In of New Police Officer and Dispatcher Recognition of the Desert Hot Springs Police Department Dispatch Center - 25th Annual Peace Officer & Public Safety Award Recipients

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Certificates of Recognition Presented to the 2023 Civics Academy Graduates
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CITY ATTORNEY REPORT ON CLOSED SESSION

APPROVAL OF AGENDA
At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.

Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.

PUBLIC COMMENTS
At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.

Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.

Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS
PUBLIC HEARINGS:

3. AB 1600 Annual Report – Development Impact Fees and Resolution Making Findings and Reaffirming the Necessity of Certain Development Impact Fees
Geoffrey Buchheim, Administrative Services Director
Recommendation:
1) Staff Report;
7 - 24

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2) Entertain questions from Staff and from the City Council; 3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion;
9 Review and accept the AB 1600 Annual Report on Development Impact Fees for the period ending June 30, 2023 (Exhibit 1); and 10) Adopt a Resolution of the City Council making findings and reaffirming the necessity of certain Development Impact Fees.

Staff Report - SR-23-288 - Pdf
ADMINISTRATIVE CALENDAR:

4. Downtown Mural and Art Program
Erick Becerril, Housing & Community Program Manager
Recommendation:
1) Provide recommendations on muralists and locations; and 2) Authorize the City Manager to negotiate, finalize, and execute three agreements with the parties for the mural installations and exterior improvements for an amount not to exceed $60,000 per mural.

Staff Report - SR-23-284 - Pdf
25 - 274

5. Resolution to Approve the Issuance of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Bonds, Series 2023
Geoffrey Buchheim, Administrative Services Director
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, acting as the legislative body of City of Desert Hot Springs Community Facilities District No. 2006-1 authorizing the issuance of its Improvement Area 1 Special Tax Bonds, Series 2023 in a principal amount not to exceed two million five hundred thousand dollars ($2,500,000) and approving certain documents and taking certain other actions in connection therewith.

Staff Report - SR-23-292 - Pdf
275 - 559
CONSENT CALENDAR:

Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.

6. City Council Regular Meeting Minutes: November 7, 2023 Jerryl Soriano, City Clerk
561 - 572

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Recommendation: Approve the Minutes as presented; or as corrected.

Staff Report - SR-23-295 - Pdf

7. OneFuture Coachella Valley Funding Request
Erick Becerril, Housing & Community Program Manager
Recommendation:

Consider a $25,000 sponsorship proposal from OneFuture to provide educational services to the City of Desert Hot Springs residents.

Staff Report - SR-23-277 - Pdf
573 - 577

8. Resolution of Intention to Reimburse City Expenditures from TaxExempt Obligations for Costs of Storm Repairs Geoffrey Buchheim, Administrative Services Director
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs Regarding Intention to Issue Tax-Exempt Obligations.

Staff Report - SR-23-291 - Pdf
579 - 584

9. Year-End Budget Adjustments for the Fiscal Year 2022-2023 Geoffrey Buchheim, Administrative Services Director
Recommendation: Approve year-end budget adjustments for the Fiscal Year 2022-2023.

Staff Report - SR-23-294 - Pdf
585 - 593

10. Resolution for the Sustainable Transportation Planning Grant Nicholas Haecker, Public Works Director
Recommendation:

Adopt a Resolution of the City Council which hereby makes the City of Desert Hot Springs eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation.

Staff Report - SR-23-293 - Pdf
595 - 596

11. (Successor Agency) Recognized Obligations Payment Schedule (ROPS 24-25) for the Successor Agency to the Former
Redevelopment Agency of the City of Desert Hot Springs for the Period of July 1, 2024 Through June 30, 2025
Geoffrey Buchheim, Administrative Services Director
Recommendation:

Adopt a Resolution of the Successor Agency approving the Recognized Obligation Payment Schedule (ROPS 24-25) and Administrative Budget for the Successor Agency for the period of July 1, 2024 through June 30, 2025
Staff Report - SR-23-289 - Pdf
597 - 610

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12. Notice of Completion - 8th Street Sidewalk Improvements, City Project #3014
Nicholas Haecker, Public Works Director
Recommendation:

Approve the work, accept the project, and direct the City manager to file the Notice of Completion for the 8th Street Sidewalk Improvement project, City Project #3014.

Staff Report - SR-23-287 - Pdf
611 - 615

13. Notice of Completion - Traffic Signal Modification at Pierson Boulevard and Golden Eagle Way, City Project #3026
Nicholas Haecker, Public Works Director
Recommendation:

Approve the work, accept the project, and direct the City Manager to file the Notice of Completion for the City Project #3026 – Traffic Signal Modification at Pierson Boulevard and Golden Eagle Way.

Staff Report - SR-23-286 - Pdf
617 - 623

14. Second Reading and Adoption of an Ordinance Regarding Temporary Reduction in Cannabis Cultivation Tax for the July - December 2023 Tax Period
Jerryl Soriano, City Clerk
Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapters 3.33 (Titled "Marijuana Cultivation Tax") and 3.35 (Titled "Medical Marijuana Cultivation Tax") to amend Sections 3.33.005 (Titled "Imposition of Tax") and 3.35.005 (Titled "Imposition of Tax") to lower recreational and medical cultivation taxes of the Desert Hot Springs Municipal Code ("DHSMC") during the temporary term of July 1, 2023 to December 31, 2023.

Staff Report - SR-23-283 - Pdf
625 - 632

15. Contracts Management Report as of November 15, 2023 Geoffrey Buchheim, Administrative Services Director
Recommendation:

Receive and file.

Staff Report - SR-23-282 - Pdf
633 - 635

16. Payment Register for the Month of October 2023
Geoffrey Buchheim, Administrative Services Director
Recommendation: Receive and file.

Staff Report - SR-23-285 - Pdf
637 - 797

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PUBLIC COMMENTS
Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

ADJOURN

UPCOMING MEETING DATES
*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.

December 12 Planning Commission 6:00 p.m.

December 14 Public Safety Commission 6:00 p.m.

December 19 City Council Regular Meeting CANCELED
January 2 City Council Regular Meeting CANCELED
________________________________________________________________________________________

NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.

Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.

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SR-23-288
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 5, 2023
Department: Administrative Services
Prepared by: Viviana Gonzalez-Osorio, Management Analyst Subject: AB 1600 Annual Report – Development Impact Fees and Resolution Making Findings and Reaffirming the Necessity of Certain Development Impact Fees RECOMMENDATION:
1) Staff Report;
2) Entertain questions from Staff and from the City Council; 3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion;
9 Review and accept the AB 1600 Annual Report on Development Impact Fees for the period ending June 30, 2023 (Exhibit 1); and
10) Adopt a Resolution of the City Council making findings and reaffirming the necessity of certain Development Impact Fees.

BACKGROUND:

Government Code section 66000 et seq., commonly known as AB 1600, require both charter and general law cities imposing development impact fees (“DIFs”) to prepare an annual public report providing specific information about those fees. To satisfy this requirement, City Finance Staff annually completes a report documenting the expenditures made with DIFs collected and includes statutorily-required information such as the beginning and ending balances of each account/fund, the amount of DIFs collected, and interest accrued during the year. Staff has completed the AB 1600 Report (Exhibit 1) for this purpose and recommends acceptance and approval of the report after closing the public hearing.

AB 1600 further requires that five years following the first deposit into an impact fee account/fund (and every fifth year thereafter) the City make certain findings as to any portion of such account/fund which remains unexpended (unspent). The findings must: (1) identify the purpose to which the fee is to be put; (2) demonstrate a nexus between the fee and the purpose for which it was originally charged; (3) identify all sources and amounts of funding anticipated to complete financing of incomplete improvements; and (4) provide the approximate dates on which the anticipated funding is expected to be deposited into the account/fund.

Item Number: 3.

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DISCUSSION:

This year, staff prepared the annual AB 1600 Report to meet these five-year requirements for the unexpended amounts in the Fire Suppression and Response Vehicles Fund and the Aquatics Center Facilities Fund for the following purposes:

Fire Suppression and Response Vehicles Fund monies have been retained by the City due to the high costs associated with the purchase of land, design, and construction of a new fire station in the easterly part of the City (Hacienda and Long Canyon Road is the general area). A reasonable relationship exists between the need for this fire station and future commercial and residential development because new developments in that part of the City will need fire suppression facilities in close proximity to adequately protect life and property.

Aquatics Center Facilities Fundmonies have been retained by the City due to the high costs associated with the design, construction and enhancements at the Wardman Park Community Pool and the Health and Wellness Aquatics Center Splash Pad Expansion. A reasonable relationship exists between the need for these enhancements due to the increase in construction of residential dwelling units within the City and the need for pool expansion to adequately meet the standards of square feet per resident as stated in the Master Facilities Plan.

The attached Resolution (Exhibit 2) specifies these findings and City Council’s approval thereof. The Desert Valley Builders Association reviewed and approved the report presented to them; however, they found an inconsistency in the reporting of the available balance in one of the funds and requested a correction or explanation. The issue was due to a mis-reported fund balance amount which was corrected and communicated to The Desert Valley Builders Association to satisfy their request. Additionally, the report was revised by the Public Works Director and Assistant City Manager to include additional anticipated future projects. The revised report (which is presented with this staff report) was sent to DVBA but as of the time of writing this staff report, the City has not yet received a response. The AB 1600 report covers Fiscal Year 2022-2023 and the preceding five years, as it pertains to the Fire Suppression Funds and the Aquatic Center Facilities Fund.

FISCAL IMPACT:

As of June 30, 2023, the available fund balances were as follows:
 Fire DIF $658,997
 Parks DIF $156,985
 Streets/Traffic Signal/Bridges DIF $840,024
 General Facilities DIF $211,292
 Law Enforcement DIF -$8,826
 Community Center DIF $698,937
 Aquatics DIF $151,290
 Storm Drainage DIF $357,394
ATTACHMENTS:
1) Resolution (AB 1600 Annual Report 2022-2023)
2) AB 1600 Annual DIF Report Ending June 30, 2023
3) Public Hearing Notice (AB 1600 Annual Report 2022-2023) 4) Desert Hot Springs Annual Report Response Dated November 14, 2023 Item Number: 3.

Page 8 of 797 ends

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RESOLUTION NO. 2023-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE

NECESSITY OF CERTAIN DEVELOPMENT IMPACT FEES, AND ADOPTING THE AB 1600 REPORT
WHEREAS, the City of Desert Hot Springs is required to make certain findings every five years with respect to the unexpended fund balance of certain development impact fee funds pursuant to the Mitigation Fee Act, Government Code Sections 66000 et seq.; and WHEREAS, the documents reflecting the balance in each development impact fee fund/account, accrued interest in said funds/accounts and the amount of expenditure by public facility for the fiscal year have been made available for public review in the annual AB 1600 Report as required by Government Code section 66006; and
WHEREAS, the City conducted a noticed public hearing on December 05, 2023 to hear all testimony on this Resolution and the attached AB 1600 report (“AB 1600 Report”), attached hereto and incorporated herein by this reference as Exhibit “A”; and WHEREAS, the City wishes to reaffirm the necessity of continuing to collect and accumulate unexpended Fire Suppression and Response Vehicles Development Impact Fees and the Aquatic Center Facilities Impact Fees by making the findings in Government Code section 66001 (d).

NOW, THEREFORE, BE IT HEREBY RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, AS FOLLOWS:

Section 1. Recitals
That the above recitals are true and correct and made a part of this Resolution.

Section 2. Adoption of the AB 1600 Report
That the City Council hereby approves and adopts the AB 1600 Report.

Section 3. Findings
That the following findings are made with respect to the unexpended balances of development impact fees in the Fire Suppression and Response Vehicles Fund and the Aquatic Center Facilities Fund as required under Government Code section 66001:

1. The purpose of each development impact fee is identified in Chapter 17.144 of the Desert Hot Springs Municipal code and in the AB 1600 Report for the fiscal year ended June 30, 2023.

2. There is a continued need for the improvements and that there is a reasonable relationship between the fee and the impacts for development for which the fees are collected.

3. The sources and amounts of funding anticipated to complete the financing of the contemplated capital projects are described in the AB 1600 Report and/or Master Item Number: 3.

Page 9 of 797 ends

-2-
Facility Plan, have been projected and/or estimated, and will be deposited into the appropriate development impact fee account upon receipt thereof during the City’s normal capital improvement program budget cycle.

4. The Fire Suppression and Response Vehicles impact fee continues to be accumulated beyond the five years for the purchase of land and for the development of a nine thousand square foot fire station in the easterly part of the City (in the general area of Hacienda Avenue near Long Canyon Road). There exists a reasonable relationship between the need for this additional fire station and future commercial and residential development because new developments in that part of the City will need fire suppression facilities in close proximity to adequately protect life and property.

5. The Aquatic Center Facilities impact fee continues to be accumulated beyond the five years for the design and construction of new projects at the Wardman Park Community Pool and the Health and Wellness Aquatics Center. A reasonable relationship exists between the need for these enhancements due to the increase in construction of residential dwelling units within the City and the need for pool expansion to adequately meet the standards of square feet per resident as stated in the Master Facilities Plan.

Section 4. Bases for Findings
That the above-referenced findings are based on information provided in Chapter 17.144 of the Desert Hot Springs Municipal Code, the AB 1600 Report, the Master Facilities Plan and the City’s adopted annual operating budget currently on file with the City Clerk.

Section 5. Severability
That should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court competent jurisdiction or because of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 6. Repeal of Conflicting Resolutions
That all the provisions of any existing resolution as heretofore adopted by the City Council that are against the provisions of this Resolution are hereby repealed.

Section 7. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

Section 8. Effective Date
That this Resolution shall take effect upon the date of its adoption. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 3.

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-3-
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 5th day of December 2023, by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 3.

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-4-
ATTEST: APPROVED:

Jerryl Soriano, CMC, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
Item Number: 3.

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Item Number: 3.

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Item Number: 3.

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Item Number: 3.

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Item Number: 3.

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Item Number: 3.

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Item Number: 3.

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Item Number: 3.

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NOTICE OF PUBLIC HEARING
TO APPROVE THE AB 1600 ANNUAL REPORT – DEVELOPMENT IMPACT FEES AND ADOPT A

RESOLUTION MAKING FINDINGS AND REAFFIRMING THE NECESSITY OF CERTAIN

DEVELOPMENT IMPACT FEES
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the City of Desert Hot Springs will conduct a Public Hearing to review and approve the Annual AB 1600 Report – Development Impact Fees on December 5, 2023. The proposed annual report is available for review at City Hall.

The Public Hearing will be held as follows:

Location: City Hall/ Council Chamber
11-999 Palm Drive, Desert Hot Springs, CA 92240
Date: Tuesday, December 5, 2023
Time: 6:00 P.M. (or as soon thereafter as the matter may be heard) INTERESTED PERSONS MAY appear and be heard, or written comments may be sent to the City Council prior to the hearing. Written comments may be mailed to: City Clerk, City of Desert Hot Springs, 11-999 Palm Drive, Desert Hot Springs, CA 92240, or delivered to the City Clerk at the same address before 4:30 p.m. on December 5, 2023.

QUESTIONS AND INQUIRIES may be addressed to Geoffrey Buchheim, Administrative Services Director, at (760) 329-6411 Ext. 227 or via email to [email protected].

Item Number: 3.

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Item Number: 3.

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SR-23-284
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 5, 2023
Department: City Manager
Prepared by: Erick Becerril, Housing and Community Program Manager Subject: Downtown Mural and Art Program
RECOMMENDATION:
1) Provide recommendations on muralists and locations; and 2) Authorize the City Manager to negotiate, finalize, and execute three agreements with the parties for the mural installations and exterior improvements for an amount not to exceed $60,000 per mural.

BACKGROUND:

The Downtown Mural program aims to enrich the cultural aesthetic of the City of Desert Hot Springs and foster a sense of community pride. Public murals are a form of community storytelling that can both preserve and showcase the City's history, diversity, and aspirations.

The City of Desert Hot Springs has an established Art in Public Places Program found in Chapter

17.60 of the Desert Hot Springs Municipal Code. The intent and purpose of the Art in Public Places Program is to promote the public interest and general welfare through the acquisition and installation of public art, promote the public interest and general welfare by enhancing the City’s aesthetic environment through public art, and establish requirements and procedures for developer contributions to public art.

The DHSMC outlines the review and approval process for placement of public art on private property which includes review and approval from City Council. All public art placed on the site of the project shall remain the property of the applicant (the City of Desert Hot Springs) and the obligation to provide all maintenance necessary to preserve the public art in good condition shall remain with the owner of the site per section 17.60.120 of the DHSMC.

DISCUSSION:

On Tuesday March 7th, 2023 the City Council approved a funding request for a Public Art Installation at 11940 Palm Dr. The mural was awarded to muralist TRAV and art curator, Casey Zoltan from Known Gallery. A mural unveiling was held on April 22, 2023 in Downtown Desert Hot Springs which included live music, vendors, food trucks, and giveaways.

The City of Desert Hot Springs internal art group sought to continue the momentum of art installations in the Downton and on August 8th, 2023 put out a request for proposals (RFP) for large scale artistic murals. The 2023 DHS Murals Program received 10 official submittals and various inquiries from Item Number: 4.

Page 25 of 797 ends

SR-23-284
artists. In order to create a more transparent process, the City allowed the public to vote on both their favorite artists and locations for murals.

On October 16th, 2023 the City held a Community Public Art Input Session where community members came and voted on their favorite mural proposals. On October 24th, 2023 the Desert Hot Springs High School had various students score the mural submittals. On November 14th, 2023 the City allowed for members of the Downtown Steering Committee, consisting of various community stakeholders, to score the various mural submittals. Exhibit A of the staff report details the final results from the three different groups.

The top three artists:

1. Presa Hall (TBD $35-$37 per sq./ft.)

2. JMEL (TBD $8-$25 per sq./ft.)

3. Michael Ferrarell (TBD $2-0-$30 per sq./ft.)
The top three locations:

1. 66379 Pierson Blvd. (Previous Angel View)

2. 66169 Pierson Blvd. (IVTHC/Previous Spread Location)

3. 66271 Pierson Blvd. (Eddies Garage)
The finalized estimate for each mural ranges in cost depending on the artist and the location. The average cost for the various mural locations can range due to the square footage cost. All finalized estimates will be dependent on identifying the artist with each respective location. The total amount for each mural installation is not to exceed a total of $60,000 per mural.

FISCAL IMPACT:

This expense will utilize the Art in Public Places Fund Contract Services line item, account number 110-4320-50-72-0000. Any additional required appropriations will be included in the FY23-24 Year End Budget Adjustments. The Art in Public Places Fund has sufficient fund balance to cover this expenditure.

ATTACHMENTS:
1) Mural Scoring Results
2) Request for Proposals
3) John Coleman - RFP Submittal
4) Martha Daniels - RFP Submittal
5) Michael Ferrarell - RFP Submittal
6) JMEL - RFP Submittal
7) Presa Hall - RFP Submittal
8) Chelsea Hart - RFP Submittal
9) Bernard Hoyes - RFP Submittal
10) Jorge Sicre - RFP Submittal
11) Emily Tayman - RFP Submittal
12) Taylor Wilson - RFP Submittal
Item Number: 4.

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Mural Scoring Results
Top Three Artists (Highschool)

1. Presa Hall

2. JMEL

3. Michael Ferral
Top Three Locations (Highschool)

1. 66169 Pierson (Previous Spread Location/IVTCH)

2. 66271 Pierson (Eddies Garage)

3. 66379 Pierson (Previous Angel View)
Top Three Artists (Public Meeting)

1. Taylor Wilson

2. JMEL (tied)

3. Presa Hall (tied)
Top Three Locations (Public Meeting)

1. 66379 Pierson (Previous Old Angel View)

2. 66425 Pierson (AG Mart/Previous Farmer In The Dale)

3. 66524 Pierson (Previous Eye Doctor/The Mattress Store) Top Three Artists (Downtown Steering Committee)

1. JMEL (tied)

2. Presa Hall (tied)

3. Taylor Wilson, Emily Tayman, John Coleman, and Chelsea Hart (tied) Top Three Locations (Downtown Steering Committee)

1. 66379 Pierson (Previous Old Angel View)

2. 66425 Pierson (AG Mart/Previous Farmer In The Dale)

3. 66524 Pierson (Previous Eye Doctor/The Mattress Store) After adding all scoring together the top results are as follows:

Top Three Artists

1. Presa Hall - 62 Total Votes

2. JMEL - 58 Total Votes

3. Michael Ferral - 38 Total Votes
Top Three Locations

1. 66379 Pierson (Previous Angel View)-70 Total Votes

2. 66169 Pierson (Previous Spread Location/IVTCH)-58 Total Votes

3. 66271 Pierson (Eddies Garage)-55 Total Votes
Item Number: 4.

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Item Number: 4.

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REQUEST FOR PROPOSAL
Date: August 8th, 2023
Type of Work: Large Scale Artistic Murals
Project Name: 2023 DHS Murals Program
Scope of Work:

The City of Desert Hot Springs is a small community that is experiencing positive growth all around. In an effort to continue to promote positive growth, increase outside interest, improve quality of life, and enhance public art, there has been a focus on the rehabilitation of the City’s downtown district. The City’s downtown district is currently made up of a mixture of commercial and residential uses, with both existing structures and vacant land available. There have been various art installations throughout the City and within the downtown district, from murals, to sculptures, to utility boxes. The City is now seeking proposals to complete five (5) large scale murals in the downtown district in the following locations (an artist may propose an alternative location). The proposed mural does not have to be concentrated on one wall and can encompass multiple walls or the entire building:

1. 66524 Pierson Blvd (The mattress store location)

2. 66425 Pierson Blvd. (The previous Farmer in the Dale location)

3. 66379 Pierson Blvd. (The previous Angel View location)

4. 66271 Pierson Blvd. (Eddie’s Automotive location)

5. 66169 Pierson Blvd. (The previous Spread location)

6. 66088 Pierson Blvd. (Grown & Sexy location)
Item Number: 4.

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Item Number: 4.

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1. Location – 66524 Pierson Blvd. (Eye Doctor Building)

2. Location – 66425 Pierson Blvd. (The previous Farmer in the Dale location)

3. Location – 66379 Pierson Blvd. (Angel View)
Item Number: 4.

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4. Location - 66271 Pierson Blvd. (Eddie’s Automotive)

5. Location - 66169 Pierson Blvd. (The previous Spread location/IVTHC)

6. Location - 66088 Pierson Blvd. (Grown & Sexy)
Item Number: 4.

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Criteria
The City is seeking various mural artist who can capture various themes and ensure the murals are designed to encourage selfies, bright vibrant colors, and other photo opportunities for visitors. The themes associated with Desert Hot Springs can vary in types dependent on the artist.

The selected artist must demonstrate the professional capacity to oversee the design, fabrication, and installation of a mural on City property. Each mural will measure various sizes starting at an estimated 1,500 square feet.

All artist applicants are encouraged to visit the site to view the exterior of the building and conduct independent research relevant to this proposal. Artists must also demonstrate the ability to work in consultation with City Staff. The selected artist/artist team must be able to attend planning and coordination meetings with City Staff. Artists may apply individually or as a team. Artists teams may not change over the life of the project.

Art Bio
The artist is to explain the meaning of the artwork and explain why this design was chosen for Desert Hot Springs.

Eligibility
This Request for Proposals (RFP) is open to mural artists/artist teams from anywhere in the United States. Artists living within 150-mile radius of Desert Hot Springs are strongly encouraged to apply.

Budget
The proposal cost shall be all-inclusive and must cover all expenses associated with the artist’s design fees, wall preparation, mural fabrication, installation, and application of a permanent (non-sacrificial) anti-graffiti coating. Funding for the project is provided by the Arts in Public Places fund.

Selection Process
An artist selection panel will be composed by the City Manager’s Office. The panel will review all applications and select up to five artists/artist teams based on their general proposal concepts. The finalists will be presented to the City Council for final approval. One artist/artist team will receive the commission for one or multiple walls based on proposal reviews.

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How to Apply
All applications must be submitted electronically via email at [email protected].

Incomplete and late applications will be deemed ineligible and not be considered. Deadline to apply is 2:00PM September 7th, 2023.

A complete application must include:

1. CONTACT INFORMATION Including full name, business name (if applicable), mailing address, telephone and email. Teams must identify one artist to be the primary contact for the team, as well as contact information for each artist on the team.

2. STATEMENT OF INTEREST (2 pages max) for creating the mural. Include title of the mural, relevant experience, and describe your approach to understanding the local community.

3. PROPOSED ARTWORK / MEDIA FILES [max five (5) files; JPG format only, 72 DPI min + 5 MB max per file]; Submitted image files must include the title of the image, size, materials and brief description.

4. PAST PROJECTS / MEDIA FILES [max ten (10) files; JPG format only, 72 DPI min + 5 MB max per file]; Submit images of completed artwork that provides the panel with a sense of the proposed artwork you would produce if chosen for this commission; teams are encouraged to include projects created by the team.

Each of the image files must include the title of the image, year, size, materials and brief description. For any commissioned project(s), also include the client, budget and location.

5. ITEMIZED BUDGET. Include estimated costs for each line item.

6. TIMELINE FOR FABRICATION AND INSTALLATION. Include estimated days, weeks, months for each phase.

The City of Desert Hot Springs reserves the right to decline all applications to this RFP, and/or cancel this RFP, or any roster of pre-qualified artists, at any time.

Proposals Due Date and Time: 2:00PM September 7th, 2023. If additional time is needed, please contact me directly with your request.

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Proposal Submitted to: Submit proposal via email to [email protected], or drop off in person at:

Attention: Erick Becerril
11999 Palm Dr.

Desert Hot Springs CA,
If you have any questions, please feel free to contact me at (760)329-6411 ext. 116, or via email at [email protected].

Sincerely,
Erick Becerril
Community Programs Manager
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From: John Coleman
To: Erick Becerril
Date: Monday, July 31, 2023 12:42:52 PM
Attachments: Orca Family.jpg
12109242_1158596937502911_5917190806680385120_n.jpg
Diamond motors mural.jpg
Discovery detail #2.jpg
Cougar KD School office.jpg
Falcon.jpg
CAUTION: This email originated from outside of our organization. Do not click on links or open attachments unless you recognize the sender and know that the content is safe. Thank you.

Dear Erick,
I just wanted to introduce myself to you. My name is John Coleman. I've painted several murals in DHS including the "Orca mural" next to Von's shopping center, the "Eagle mural" on palm drive, several electrical boxes, the "South of the Border" restaurant mission mural and several others within the city, plus several at your schools, including Bella Vista ES and your alternative High School.

Without sounding egotistical I consider myself to be the founder of murals in DHS and I would love to paint more murals in your city and beautify DHS evnen further. I've painted over 300 murals in two states. I lived in DHS for two years. Several of your city council members are familiar with my work.

I would like to work up some proposals, budgets and renders if you have an interest.

Thank you in advance for your time and consideration.
sincerely
John R. Coleman
760-702-4120
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Proposal for Large-Scale Artistic Murals,
2023 DHS Mural Program
(Page 1 of 6)

ARTIST BIO
Martha Daniels
66452 Desert View Ave.

Desert Hot Springs CA 92240
(Studio and Residence)
66311 Two Bunch Palms Trail
Unit 105
Desert Hot Springs CA 92240
(Mailing)
[email protected]
760 676 6912
I have been a practicing artist for many years and a
Desert Hot Springs resident for more than 10 years.

Please Google or Bing: Martha-Daniels-Ceramics.com for images of online colorful artwork and website.

I work primarily in ceramic sculpture, but have also executed paintings, bronzes, drawings, and public art works, including a 212-ft-long mural for the Colorado Dept. of Transportation (2004), and murals on thousands of square feet
of glass windows in vacant buildings in Trinidad, Colorado (1981) under Colorado State Public Arts Program. This was a successful attempt, with other town programs, of beginning revitalization of Trinidad.

I also enjoyed a one-person exhibition at the Denver Art Museum (2001) Titled “Grotto.” Please see website for images.

I have exhibited in several venues in Desert Hot Springs, Palm Springs, Denver, and elsewhere, since moving to Desert Hot Springs, and also have executed private commissions. I recently received a grant from the DesertX Foundation in support of my artwork.

I propose a mural titled “Ways of Water” for the DHS Mural program. (continued)
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Water, in the form of spas and other sources, is one of Desert Hot Springs’ most outstanding characteristics. Desert Hot Springs is known internationally for its spas and the quality and flavor of its meteoric drinking water, emerging from abundant sources. These springs were known and used by Indians for thousands of years before the arrivals of early white settlers, like Cabot Yerxa (who was told about them by the Indians).

I wish to celebrate the waters of Desert Hot Springs showing various water patterns, both abstract and realistic.

The painted images will be colorful and graphically strong.

They will also be protected by an anti-graffiti clear coating.

I look forward to working with the staff of Desert Hot Springs City government and others, including assistants, to help execute the mural. ______________________________________________________________________

1. Contact Info
Artist:

Martha Daniels
66311 Two Bunch Palms Trail
Unit 105
Desert Hot Springs CA 92240
(Mailing)
66452 Desert View Ave .

Desert Hot Springs CA 92240
(Studio and Residence)
760 676 6912
[email protected]
Assistant:

John Rother
12811 Catalpa Ave.

Desert Hot Springs CA 92240
760 660 3010
[email protected]
(continued)
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_________________________________________________________________________

2. Statement of Interest
I moved to Desert Hot Springs about 10 years ago from Colorado and New Mexico.

I have grown to love and appreciate DHS, and do not choose to live anywhere else.

I moved here because I wanted to live in a beautiful desert environment and to have a quiet place to create art without major distractions.

Having lived here for over ten years, I love seeing Mts. San Jacinto and San Gorgonio every day, experiencing desert sunsets and the changing seasons, and enjoying desert flora and fauna, and more. I have also planted desert-hardy trees and shrubs on my property that require little or no watering.

I also appreciate the quality and abundance of Deset Hot Springs’ water, while so many other places do not have this gift.

I have seen Desert Hot Springs grow to be appreciated by many others as a good place to live, while it grows economically without rapid gentrification. I appreciate the small-town atmosphere, low crime rate, and general peacefulness compared to other locations. The desert itself imparts a sense of calm to me.

I also worked for the Census Bureau in 2010, managing a crew in Desert Hot Springs.

This enabled me to know the town better, in terms of demographics and economics at that time, and to gain a general sense of how the town and its people felt to me..

Now, the city government is to be applauded for early encouragement of marijuana development, which helped save DHS financially and now contributes to its growth. Indirectly, DHS is now more attractive to new businesses and development. The city now also supports a new local library and civic improvements such as new signage, paving, curbs, and sewers.

I am also glad to see that the city encourages aesthetic development, such as through this mural program.

Since I feel that I have gained so much by moving to DHS, working on this mural program would be a part of my giving back. Because of the importance of water to DHS and in the creation of its environment, I choose a mural theme of water, titled “The Ways of Water.” It is a theme that is understandable and accessible to all members of the community and beyond. It also celebrates one of DHS’s greatest and most unique features.

My relevant experience includes creating a 212-ft-long outdoor ceramic and painted mural for the Colorado Dept. of Transportation in 2004 at Denver, Colorado.. Titled “Currents and Eddies,” it relates to the nearby Platte River. The mural depicts water forms in art and reality. It was created using ceramic components fabricated, fired, and glazed in the artist’s studio, which were then cemented to the Wasshington St. bridge abutment wall. It is well-liked by the community, remains in excellent condition, and has attracted little to no grapphiti.

Please see photos. (continued)
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My other major relevant experience was the creation of large-scale murals, reverse-painted on glass windows of vacant buildings in the historic district of Trinidad, Colorado, in 1981.

This project was awarded by the Colorado Council on the Arts and Humanities in 1981 because of my interests in both art and historic preservation. I worked with the Mayor, Janie Kurtz, and a group of volunteers to begin the visual transformation of the downtown historic district. Materials budget at that time was about $7,000.00. With this and other programs during Spring-Summer 1981, the revival of Trinidad began.. Now 40 years later, it is a creative center and economically robust.

I am proud to have played a part in this.

I have no available photos of this project, since they are in storage in another state.

Since moving to DHS, I have participated in exhibitions here, in Palm Springs, and elsewhere, and also executed commissions. I continue to work in my DHS studio. __________________________________________________________________________

3. Proposed Artwork
The proposed artwork is a mural titled “The Way of Water.” Preferred site is one of following:
66088 Pierson, Grown and Sexy
66271 Pierson, Eddies’s Automotive
If selected, mural will cover the entire side wall of 66088 Pierson, Grown and Sexy, or two of surrounding walls at 66271 Pierson, Eddie’s Automotive.

Size will not exceed 1500 square feet.

Mural will consist of direct drawing and painting on walls at one of these sites.

Materials used will be latex and acrylic paints over line drawing, covered by anti-graffiti coating. Depending on condition of surface, walls may need an overall white base coat before design is applied.

Images will include water in various forms, such as waves, patterns of flow, and pools. Colors will be bright and not necessarily realistic.

Colors may include interference colors and/or gilding, if wall surface allows.

An image of the sun will spread over these waters, at top of mural.

Overall effect should be mythic, and somewhat abstract, rather than realistic. ________________________________________________________________________ (continued)
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4. Past Projects
I have completed many projects in the form of commissions, exhibitions, and several public art projects and participated in many exbhibitions. Please see resume on website, martha-daniels-ceramics.com.

You may also google or bing martha daniels ceramics or martha daniels ceramic art for images of colrful ceramic sculptures.

A public art project most related to the DHS Mural Project is a large outdoor ceramic mural I created for the Department of Transportation in 2004. It is 212 feet long and about 12 feet tall,, situated on a bridge abutment at a high-traffic area in Denver, Colorado. The title is “Currents and Eddies,” related to the proximity of the Platte River to the site.

Budget was $55,000, including design, purchase of materials, and fabrication of ceramics for the mural, installation, partial painting of portions of the site, incidental expenses, hiring a crew to install portions of the mural, and hiring an assistant to the artist for studio and field work.

Most of the ceramic components were fabricated, fired, and glazed in the artist’s studio by the artist and one assistant. All components were directly cemented to the bridge wall. Mural is still intact and in excellent condition. It is also well-received by the neighborhood and passers-by. It has had little or no graffiti. It was completed on time and within budget.

Please see photos.

Another public art project was created in 1981 for the town of Trinidad, Colorado.

It comprised thousands of square feet of murals and designs, reverse-painted on glass windows of large vacant buildings, that had once been hotels, shops, and other venues.

This project was awarded to me by the Colorado Council on the Arts and Humanities. During Spring and Summer of 1981, I moved my ceramics kiln and other equipment to Trinidad and lived there. I worked with then Mayor, Janie Kurtz, and volunteers to create colorful large-scale images throughout the downtown historic district.

This was done to offset the depressing, empty, and dirty sites that were seen every day by residents.

We expanded activities to give free ceramics classes to children and created several other programs.

Later, a weekend street festival was organized to bring tourists, vendors, and others to the town.

This was the beginning of the resurgence of Trinidad, Colorado, which forty years later, is a thriving, colorful, and creative city today. I am proud to have been part of this.

I have no photos of this project that I can post, since they are in storage in another state.

I can provide them later if needed.
(continued)
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A third large project was my one-person exhibition at the Denver Art Museum in 2000.

Titled “Grotto,” it comprised about 20 large and small-scale ceramic sculptures, Including a working fountain, in a painted environment. Catalogue text was written by Dr.

Donald Kuspit, a noted American art critic. Please see photos of selected works. ________________________________________________________________________

5. Itemized Budget
Total Cost: $14,000.00
Paints and anti graffiti coating: $6,000
Payment to artist and assistants over 4 months part time:
$6,000
Misc supplies: Brushes, buckets, cleaning, and so forth: $1,000 Misc. expenses: Photography, gas, and so forth: $1,000
Since artist and assistant live in Desert Hot Springs, travel and gas expenses would be minimal.
____________________________________________________________________________

6. Timeline for Fabrication and Installation
Due to continued heat and unpredictable weather condition interruptions, I would begin work on the wall itself in October during cooler weather and expect to complete project by end of January 2024, at latest, total of about 4 months.

Initial work includes drawing design directly on the wall, then painting and applying materials directly on the wall.

Final step is applying graffiti-protective clear coat.

Drawing would take about one-two weeks.

Painting would take several months.

Most materials would be purchased locally.

Application of clear coat would take about one week.

Near completion of the project, time must be allowed for photography and related activities.
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2023 DHS Murals Program RFP
Artist: JMEL Jesse Melanson
Web: www.jmelart.com
Email: [email protected]
Cell: 207-251-6126
Address: 12197 Sierra Dr. Truckee, CA
Social: @jmelart
Contact
Address_12197 Sierra Drive Truckee, CA
Mobile_+1-207-251-6126
Email_ [email protected]
Portfolio
Social_ @jmelart
Web_jmelart.com
Mission Values
+ Engage the Community
Art is about people. Use Public Art
as a tool for the people to
strengthen and enriches the daily
lives of anyone and everyone.

Always provide opportunities for
communal participation, excitement, and engagement to help connect people to places and
instill pride within communities.
+ Trust
Trust the process, work diplomatically, listen attentively, speak candidly, and always treat everyone with the utmost respect. + Project Management
Focus on the key inputs and
deliver them with the right quality
and in a timely fashion within
budget
+ Listen, Learn & Be Curious
Listen and then ask questions.

Never done learning and always
seeking to improve myself and my
art. Curious about new possibilities and taking action to explore them.
+ Have Fun
Stay positive, love, smile and laugh.

Public Artist + Mural Painter

MISSION
To expand and explore the mind, heart and people connection by building creative experiences that elevate social sublimity and provide an opportunity for joyful imaginative exploration and communal growth.

WORK
Mural Painter
# December 2017 - Current
Completed mural work:
“Growth & Transformation | 85’ X 35‘ Rockford, IL 2023
“Nevada” | 20’ X 14‘ Fernley, NV 2023
“Adirondack Balloons” | 100’ X 48‘ - Glens Falls, NY 2022 “Humming Birds of Paradise” | 14’ X 8‘ 2022 - Carmichael, CA “Day of the Mountain” | 12’ X 8‘ - Truckee, CA 2022
“Elder Creek Elementary” | 35’ X 14‘ - Sacramento, CA 2022 “Tahoe Elementary” | 40’ X 13‘ - Sacramento, CA 2022
“Love Locus” | Size: 75’ X 23’ - Sacramento, CA 2022
“ATX Ebike Stations Public Art” - Austin, TX 2022
“Resilient Reno” | Size: 76’ X 24’ - Reno, NV 2021
“Basin PBS Friends” | Size: 60’ X 17’ - Midland, TX 2021 “Healthy Integrations” | 65’ X 18’ - Austin, TX - 2020
“Spirit In The Sky” | 45’ X 65’ - Malden, MA - 2019
“Gaillardia Pulchella” | 15’ X 7’ - Austin, TX - 2019
“Matchbox” | 15’ X 7.5’ - Austin, TX - 2019
“21 Rio” | 30’ X 8’ - Austin, TX - 2019
“Easy Giant / Video Murals Tour” - Europe & USA - 2018
“Wild Imaginations” | 32’ X 10’ - Austin, TX - 2018
“Cattleyas” | 14’ X 28’ - Austin, TX -2018
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Statement of Interest
I am fascinated and highly influenced by everything the desert offers. The sounds, silence, colors, ecology, wildlife, smell, history, mysteries, cultures - all of it. My proposed artwork sketch (next two pages) is an abstract scene inspired by the landscape that surrounds the City of Desert Hot Springs. The artwork captivates the viewer and aims to recreate the feeling the landscape can offer especially during an epic desert sunrise or sunset. I chose to use coyotes in the scene because I am attracted to their resilient and iconic lifestyles. Coyotes are also a native species crucial to keeping our desert ecosystems healthy and thriving. You can view the artwork sketch on the next two pages.

Through art I connect people to people by inspiring conversations and people to places through visual story telling guided by community engagement. If selected, I would look to the community of DHS to provide feedback on the sketches I have created. I would activity listen, observe ask questions and use feedback I receive to make revisions and insure the artwork communicates a message the community wants to be shared in their public space. Interacting, having conversations and engaging with the community is always an essential part in my design processes and artworks final outcome.

Since 2018 I have collaborated with communities across the United States completing more than 15 (and counting) large scaled murals. I have extensive experience in the science of using the highest grade paints, tools and methods for prep, installation, and preservation of mural artwork. I look forward to opportunity to be considered to work with the community of Desert Hot Springs to paint an iconic piece of public art. Thanks for taking the time to review my qualifications and please don’t hesitate to reach out if you have any questions.

JMEL Jesse Melanson
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Proposed Artwork Sketch 1
Materials: MTN Hardcore Spray Paint, Killz Primer, Vandal Guard Graffiti coating JMEL Jesse Melanson
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This artwork could be installed on any of the 5 mural locations. This is just an example of it placed on two for reference.

JMEL Jesse Melanson
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Proposed Artwork Sketch 2
Materials: MTN Hardcore Spray Paint, Killz Primer, Vandal Guard Graffiti coating JMEL Jesse Melanson
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This artwork could be installed on any of the 5 mural locations. This is just an example of it placed on two for reference.

JMEL Jesse Melanson
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“Adirondack Balloons”
Medium: Spray paint on rough brick
Date: 2023
Location: Glens Falls traffic circle Glens Falls, NY
Commissioning entry: City of Glens Falls New York
Size: 100’ x 48’
Budget: $35,000
JMEL Jesse Melanson
Previous Work Examples
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“Resilient Reno”
Medium: Spray paint on panel
Date: 2022
Location: 1 West Liberty Reno, NV
Commissioning entry: Nevada State Bank Art Town
Size: 76’ x 24’
Budget: $15,000
JMEL Jesse Melanson
Previous Work Examples
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“Love Locus”
Medium: Spray paint on brick
Date: 2021
Location: Madision Marketplace Fair Oaks, CA
Commissioning entry: Modern Art Services
Size: 75’ x 23’
Budget: $11,000
JMEL Jesse Melanson
Previous Work Examples
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“Spirit in the Sky”
Medium: Spray paint on brick
Date: 2019
Location: Malden, MA
Commissioning entry: ARTLine Malden
Size: 45’ x 65’
Budget: $22,500
JMEL Jesse Melanson
Previous Work Examples
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“Growth & Transformation”
Medium: Spray paint on cinder block
Date: 2023
Location: Goodwill Northern Illinois Rockford, IL
Commissioning entry: Cre8IV
Size: 85’ x 35’
Budget: $16,500
JMEL Jesse Melanson
Previous Work Examples
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“Day of the Mountain”
Medium: Spray paint on sheetrock
Date: 2022
Location: Truckee, CA
Commissioning entry: Private
Size: 12’ x 8’
Budget: $4,000
JMEL Jesse Melanson
Previous Work Examples
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“Nevada”
Medium: Spray paint on brick
Date: 2023
Location: Nevada State Bank Fernley, NV
Commissioning entry: Fernley ACES
Size: 20’ x 14’
Budget: $6,000
JMEL Jesse Melanson
Previous Work Examples
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“Wild Imaginations”
Medium: Mixed Media on concrete
Date: 2018
Location: Austin Nature and Science Center Austin, TX
Commissioning entry: TEMPO2D Austin Art in Public Spaces Size: 32’ x 10’
Budget: $6,000
JMEL Jesse Melanson
Previous Work Examples
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Budget: The project budget will depend greatly on the square footage of the wall where the artwork will be placed. I am always open to negation in budget but generally prices can vary from $8-$25 per a square foot, all inclusive, depending greatly on wall size, wall surface complexity and final artworks complexity.

Timeline for fabrication and installation: 7-12 days
Thanks for taking the time to review my proposal. I look forward to the opportunity to work with The City of Desert Hot Springs to make an iconic mural for all to enjoy.

JMEL Jesse Melanson
View my full portfolio:
www.jmelart.com
JMEL Jesse Melanson
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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Project: Arts in Public places
Mural Size SQ Foot
(Area to be
Painted)
Price PSF Total
Description of the project:

Commercial building exterior wall
Design, Priming, Mural work, and
materials.
16’x70’ 1120
$35 PSF
(per square
foot)
$39 200
UV and anti-graffiti coating to
protect the mural
(2x Sacrificial Coating)
16’x70’ 1120
$3 PSF
(per square
foot)
$3360
Estimate of cost $42 560

ART BY PRESA LLC
Artist Name: Presa Hall

FINE ART
Office: 9175752448
[email protected]
Miami, New York, Los Angeles,
www.ArtbyPresa.com
Estimate
Date: 09-28-2023

PREPARED BY CLIENT
Presa Hall- Owner -Art by Presa LLC
3655 Westwood Blvd #2
Los Angeles, CA 90034
Cell: 917-455-1977
[email protected]
Contact: Erick Becerril
11999 Palm Dr.

Desert Hot Springs, CA 92240
Phone: 760-329-6411
Email: [email protected]
LOCATION- 66379 Pierson BLVD. Desert Hot Springs, CA 92240 Details
-This proposal is for mural work on an exterior commercial building located at 66379 Pierson Blvd, Desert Hot Springs CA. The estimate above is an average cost for one 1120 sq foot wall. -Art in Public Places grant will be used and will need a longevity Commitment in writing from the artist. -Artist agrees to incorporate a graffiti and UV coating to protect murals (as priced per/Sqf above for 2 coats).
-Estimated timeline for completion 2-4 weeks.
-The Artist would be able to start the project on Nov 20, 2023 List of Necessities for the project:
-Power washing and repair of cracks on the wall to make it an even surface ready to be painted will be done by the city prior the start of the project.
-A scissor lift will be provided by the city during the time of completion Item Number: 4.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Mural Concept Art
(Revision 09/29/23)
© Art in this proposal is copyrighted. For any use you must obtain written permission from Art by Presa LLC Item Number: 4.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Hello! I am Presa Hall,
Owner and Artist at Art by Presa LLC
Why did I choose to make these designs?
As an artist, I have always been captivated by the interplay of colors and how they evoke emotions and memories within us.

The desert landscape of Desert Hot Springs, with its stark contrast of earthy tones and vast skies, sparked a vision in me. I saw an opportunity to infuse the urban canvas with a kaleidoscope of vibrant colors that could mirror the rich diversity of life that thrives within this seemingly barren terrain.

Drawn to the desert's unique beauty, my art aims to showcase the often-overlooked creatures that call this region home, including hummingbirds, the graceful desert big horn sheep, the elusive coyotes and its resilient flora. These magnificent creatures and flora have adapted to the harsh desert environment, becoming symbols of resilience and survival.

Through these mural designs, I seek to raise awareness about the region's delicate ecosystem and inspire a sense of pride and ownership among the residents. I want it to leave a lasting impact on the community. It is my hope that every passerby will be moved by the sight of the hummingbird, the desert big horn sheep and coyotes, and that the vibrant colors will inspire joy and pride in the hearts of Desert Hot Springs' residents.

May these murals serve as a timeless reminder of the wonders that surround us and the importance of protecting our precious natural heritage for generations to come. I would like to celebrate nature's palette and leave an indelible mark on the vibrant canvas of Desert Hot Springs, California.

About the Artist -BIO
Presa Hall, a remarkable self-taught artist hailing from Utah, discovered her passion for painting at an incredibly young age of 2. Her prodigious talent was evident as she started selling her captivating portraits even in her tender years. As she blossomed into her teenage years, she delved into the world of mural painting, becoming one of the pioneering female graffiti artists in the United States.

Presa left her home state of Utah and headed to New York City to make a name for herself. After a year Presa accomplished two remarkable solo art shows in the vibrant art scene of New York City. These early exhibitions served as a testament to her artistic prowess and provided a solid foundation for her artistic journey.

Presa's breakthrough moment arrived when her mural showcased at Art Basel Wynwood 2011 gained immense recognition in renowned publications like the Miami New Times and Miami Herald. This exposure fueled her desire to connect with the vibrant art community in Miami, where she found inspiration and love from the locals. Through her numerous murals, she became an integral part of the local community and various venues.

Venturing beyond borders, Presa's artistic journey took her to various corners of the world. From New York to Miami, California to International. Her artistic muse is deeply rooted in her surroundings, and she masterfully weaves the essence of people and environment into her creations. Notably, she merges her great passions—music, color, and art—as she is an avid singer and songwriter. Her music often influences her art installations, showcasing the profound connection between music and artistic expression, captivating the soul with their healing powers.

Currently residing in California for the past few years, Presa has embraced the state as her haven, where she envisions building a lasting artistic legacy. To explore more of Presa's captivating works and learn about the harmonious fusion of her art and music, enthusiasts can visit her website at ArtbyPresa.com.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Examples of Previous large scale mural work
(ArtbyPresa.com/murals)
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www.ArtbyPresa.com Office
-917-575-2448 Cell-917455-1977
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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Example imagery utilized in this proposal is meant to convey only a general sense of scale and complexity capable of the artist and is not indicative of the final design. This mural will be executed by Presa Hall an experienced professional commercial artist using professional grade exterior paint. The building face will be properly primed and prepped before painting. A high-quality exterior varnish will be applied and will secure the longevity of the mural. The subject matter of the mural will be determined by the client and artist during the mural design process. There will be no logos, words, or commercial imagery in the mural unless otherwise instructed. See attached examples of more art work and murals at Artbypresa.com © Art in this proposal is copyrighted. For any use you must obtain written permission from Art by Presa LLC Item Number: 4.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977

THE PROCESS
What to expect at each stage of the mural creation process

1. Discovery Conversation
A discovery phone call is the best way to start. I will ask what is expected for the design and timeline. It is helpful if you can email me photos and/or architectural renderings of the space before we talk. I will ask you about the size of the artwork and/or wall and your project time frame.

2. Estimate of cost
Typically, I can give you a rough verbal quote for the project cost based on our discovery conversation. I then follow up with an agreement and invoice for the design fee. Included will be an estimate of cost, timeframe, and a hold for your scheduled dates .

3. Design/Retainer Fee
A non-refundable $1000 Design/Retainer fee for 1 mural design ($2000 for projects with more than one wall) is needed before any design concepts can be made. This fee is to hold you next in line for your project and includes a design with 2/3 changes. If additional changes or designs are needed each design is an extra $200. The retainer fee will go towards the final cost of the art work and will be deducted on the final bill at completion of the project. At this time, we will go over the concept art and exchange thoughts and ideas to create a rendering of the project Art by Presa
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4. The Down payment
After validation of the design for the project a 50% down payment is due at least 2 weeks prior to the start date of the project. This allows for ordering of supplies and confirms the scheduling dates. One week prior, we will reconfirm the start date and time, and confirm any preparation of the artwork and/or space as necessary.

5. Design Process
If a design is not already chosen, we can work together on a design. In the design process we establish a clear description of the "feel" or "mood" of the piece. This is often achieved via a collaborative brainstorming session, by sharing visual ideas and images that might inspire the artwork. We also cover the specific visual elements, which you may require to be included in the artwork. You have the option to be involved in as little or as much of the design process as you like.

6. Materials
Dependent on project specifications. Each project is different. But I only use high quality materials. This can include but not limited to high quality water based or latex/water or oil-based paints, acrylic paint, interior latex paint, Sealant, UV resistant coating, Anti-graffiti, UV paint, black light paint, gold leaf, airbrush tools, ink, brushes rollers, painters tape, drop cloths, plastic sheeting, Compressors, lights, OSHA compliant ladders. Specialty items have an additional cost. For example these specialty items include Sealants, UV resistant coating, Anti-graffiti, UV paint, black light paint, gold leaf, scaffolding/scissor lifts, or hydraulic lifts.

7. Painting
I typically paint for about 5-8 hours each day in my studio. Or if I am on site, I work around the scheduled close time of the business. Unless otherwise specified. On outdoor projects I may start as early as 6 am or as late as noon, depending on the time of year and the sun exposure of the wall. You are welcome to watch the process unfold. I touch base regularly as the work progresses to ensure that expectations are being met and everything is on the right track.

Clients usually comment on how quickly the work progresses. My focus is on getting things right, and I work until we are both satisfied with the results. At some point, I see that I have expressed what I set out to create. I identify this moment as the point where further attempts at embellishment diminish the flow and energy of the piece. I let you know when I am close to completion and we review the work together to see if anything was missed or doesn't feel right. We create a list of any final tweaks that are needed, and, assuming it is within the original scope, I make the final adjustments. Then the artwork is complete.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 General Mural Info and Pricing
Mural pricing is determined by four factors:

1. Intricacy of the design

2. Location and Size

3. Cost of materials

4. Working conditions
The initial phone consultation is free. We will discuss the project so that you have a time and cost estimate. I will discuss your project in detail as to get the best idea for your space. Design renderings and concept art to be sent and discussed.

Mural Cost:

The minimum starting cost is $25 per square foot for walls, $35 for harder to reach areas, floors & ceilings with a $2000 minimum per project.
**Prices vary depending on the difficulty or intricacy of the design. Once a design is finalized, I can give an exact price · The cost above includes my time, the cost of insurance, materials, design, labor and equipment for the painting but does not include travel cost, general repair and preparation of the wall (i.e.. cleaning, masonry work, priming, etc.) or clear coating of the wall to be painted. Certain items, such as specialized equipment or scaffolding needed to complete the job will be added to the price of the paint cost estimate.
· There may be additional charges depending on working conditions such as restricted hours of operation, cramped spaces or driving time and distance.
· Wall Preparation- Because the longevity of the mural is dependent on the security of the surface on which it’s painted, it is recommended that exterior walls be power washed one week prior to priming to ensure proper dry-time. · Recommendation for touch-up/post-occupancy- There are products such as Mural Shield or Anti-Graffiti, and other sealants and finishes that protect against UV Rays, graffiti, and damage. This would fall under specialty items and would be covered by the client. Any Major changes or repairs at the clients’ request will result in an additional fee.

After we talk on the phone or I visit your location, I spend time researching and designing the mural based on the client’s needs. Average setup and cleanup of a project takes about 4 hours, the travel time and gas are considered, whether materials or equipment in addition to the norm are needed. Let's not forget the main thing you are paying for.....the artist's talent!
Thank you for giving me your time and consideration in reviewing my website and work. I hope that I have the opportunity to create some artwork for you that will inspire viewers and add bold aesthetics to your space. If you have any questions, comments or concerns please don’t hesitate to reach out to me.

In light and love, always
Respectfully,
Presa Hall
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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Project: Arts in Public places Mural Size
Estimate
SQ Inch
(Area to be
Painted)
Price Estimate
psf
(Dependent on
intricacy of
design chosen.)
Total
Estimate
Description of the project:

Commercial building exterior wall
Prepping, power washing, full
coat of exterior primer, design,
mural work, and materials.

TBD 1500 $35 PSF (per
square foot)
$52,500
UV and anti graffit coating to
protect mural
TBD 1500 $2 PSF (per
square foot)
$3,000
Estimate of cost $55,500

ART BY PRESA LLC
Artist Name: Presa Hall

FINE ART
Office: 9175752448
[email protected]
Miami, New York, Los Angeles,
www.ArtbyPresa.com
Proposal
Date: 07-21-2023

PREPARED BY CLIENT
Presa Hall- Owner -Art by Presa LLC
3655 Westwood Blvd #2
Los Angeles, CA 90034
Cell: 917-455-1977
[email protected]
Contact: Erick Becerril
11999 Palm Dr.

Desert Hot Springs, CA 92240
Phone: 760-329-6411
Email: [email protected]
LOCATION- Desert Hot Springs, CA 92240
This proposal is for mural work on different exterior building walls located in the Arts and Culture District of Downtown Desert Hot Springs CA. The estimate above is an average cost for one 1500 sq foot wall.

A Public Places grant will be used and will need a longevity Commitment in writing from the artist. Artist agrees to incorporate a graffiti and UV coating to protect murals (as priced psf above).

In addition, elements of the mural need to be considerate of locals in the design process. *There may be some technical issues to address such as peeling on the wall from prior paint jobs. Power washing and a full coat of Exterior primer paint will be necessary before mural can be painted. Pricing may reflect an extra cost upon furth inspection if repairs are needed. (This will help ensure a Estimated timeline for completion 2-4 weeks.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Mural Concept Art 1
Examples on different buildings
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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Mural Concept Art 2
Examples on different buildings
© Art in this proposal is copyrighted. For any use you must obtain written permission from Art by Presa LLC Item Number: 4.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Hello! I am Presa Hall,
Owner and Artist at Art by Presa LLC
Why did I choose to make these designs?
As an artist, I have always been captivated by the interplay of colors and how they evoke emotions and memories within us.

The desert landscape of Desert Hot Springs, with its stark contrast of earthy tones and vast skies, sparked a vision in me. I saw an opportunity to infuse the urban canvas with a kaleidoscope of vibrant colors that could mirror the rich diversity of life that thrives within this seemingly barren terrain.

Drawn to the desert's unique beauty, my art aims to showcase the often overlooked creatures that call this region home, including hummingbirds, the graceful desert big horn sheep, the elusive coyotes and it’s resilient flora.. These magnificent creatures and flora have adapted to the harsh desert environment, becoming symbols of resilience and survival.

Through these mural designs, I seek to raise awareness about the region's delicate ecosystem and inspire a sense of pride and ownership among the residents. I want it to leave a lasting impact on the community. It is my hope that every passerby will be moved by the sight of the hummingbird, the desert big horn sheep and coyotes, and that the vibrant colors will inspire joy and pride in the hearts of Desert Hot Springs' residents.

May these murals serve as a timeless reminder of the wonders that surround us and the importance of protecting our precious natural heritage for generations to come. I would like to celebrate nature's palette and leave an indelible mark on the vibrant canvas of Desert Hot Springs, California.

About the Artist -BIO
Presa Hall, a remarkable self-taught artist hailing from Utah, discovered her passion for painting at an incredibly young age of 2. Her prodigious talent was evident as she started selling her captivating portraits even in her tender years. As she blossomed into her teenage years, she delved into the world of mural painting, becoming one of the pioneering female graffiti artists in the United States.

Presa left her home state of Utah and headed to New York City to make a name for herself. After a year Presa accomplished two remarkable solo art shows in the vibrant art scene of New York City. These early exhibitions served as a testament to her artistic prowess and provided a solid foundation for her artistic journey.

Presa's breakthrough moment arrived when her mural showcased at Art Basel Wynwood 2011 gained immense recognition in renowned publications like the Miami New Times and Miami Herald. This exposure fueled her desire to connect with the vibrant art community in Miami, where she found inspiration and love from the locals. Through her numerous murals, she became an integral part of the local community and various venues.

Venturing beyond borders, Presa's artistic journey took her to various corners of the world. From New York to Miami, California to International. Her artistic muse is deeply rooted in her surroundings, and she masterfully weaves the essence of people and environment into her creations. Notably, she merges her great passions—music, color, and art—as she is an avid singer and songwriter. Her music often influences her art installations, showcasing the profound connection between music and artistic expression, captivating the soul with their healing powers.

Currently residing in California for the past few years, Presa has embraced the state as her haven, where she envisions building a lasting artistic legacy. To explore more of Presa's captivating works and learn about the harmonious fusion of her art and music, enthusiasts can visit her website at ArtbyPresa.com.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Examples of Previous large scale mural work
(ArtbyPresa.com/murals)
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www.ArtbyPresa.com Office
-917-575-2448 Cell-917455-1977
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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 Example imagery utilized in this proposal is meant to convey only a general sense of scale and complexity capable of the artist and is not indicative of the final design. This mural will be executed by Presa Hall an experienced professional commercial artist using professional grade exterior paint. The building face will be properly primed and prepped before painting. A high-quality exterior varnish will be applied and will secure the longevity of the mural. The subject matter of the mural will be determined by the client and artist during the mural design process. There will be no logos, words, or commercial imagery in the mural unless otherwise instructed. See attached examples of more art work and murals at Artbypresa.com © Art in this proposal is copyrighted. For any use you must obtain written permission from Art by Presa LLC Item Number: 4.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977

THE PROCESS
What to expect at each stage of the mural creation process

1. Discovery Conversation
A discovery phone call is the best way to start. I will ask what is expected for the design and timeline. It is helpful if you can email me photos and/or architectural renderings of the space before we talk. I will ask you about the size of the artwork and/or wall and your project time frame.

2. Estimate of cost
Typically, I can give you a rough verbal quote for the project cost based on our discovery conversation. I then follow up with an agreement and invoice for the design fee. Included will be an estimate of cost, timeframe, and a hold for your scheduled dates .

3. Design/Retainer Fee
A non-refundable $1000 Design/Retainer fee for 1 mural design ($2000 for projects with more than one wall) is needed before any design concepts can be made. This fee is to hold you next in line for your project and includes a design with 2/3 changes. If additional changes or designs are needed each design is an extra $200. The retainer fee will go towards the final cost of the art work and will be deducted on the final bill at completion of the project. At this time, we will go over the concept art and exchange thoughts and ideas to create a rendering of the project Art by Presa
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4. The Down payment
After validation of the design for the project a 50% down payment is due at least 2 weeks prior to the start date of the project. This allows for ordering of supplies and confirms the scheduling dates. One week prior, we will reconfirm the start date and time, and confirm any preparation of the artwork and/or space as necessary.

5. Design Process
If a design is not already chosen, we can work together on a design. In the design process we establish a clear description of the "feel" or "mood" of the piece. This is often achieved via a collaborative brainstorming session, by sharing visual ideas and images that might inspire the artwork. We also cover the specific visual elements, which you may require to be included in the artwork. You have the option to be involved in as little or as much of the design process as you like.

6. Materials
Dependent on project specifications. Each project is different. But I only use high quality materials. This can include but not limited to high quality water based or latex/water or oil-based paints, acrylic paint, interior latex paint, Sealant, UV resistant coating, Anti-graffiti, UV paint, black light paint, gold leaf, airbrush tools, ink, brushes rollers, painters tape, drop cloths, plastic sheeting, Compressors, lights, OSHA compliant ladders. Specialty items have an additional cost. For example these specialty items include Sealants, UV resistant coating, Anti-graffiti, UV paint, black light paint, gold leaf, scaffolding/scissor lifts, or hydraulic lifts.

7. Painting
I typically paint for about 5-8 hours each day in my studio. Or if I am on site, I work around the scheduled close time of the business. Unless otherwise specified. On outdoor projects I may start as early as 6 am or as late as noon, depending on the time of year and the sun exposure of the wall. You are welcome to watch the process unfold. I touch base regularly as the work progresses to ensure that expectations are being met and everything is on the right track.

Clients usually comment on how quickly the work progresses. My focus is on getting things right, and I work until we are both satisfied with the results. At some point, I see that I have expressed what I set out to create. I identify this moment as the point where further attempts at embellishment diminish the flow and energy of the piece. I let you know when I am close to completion and we review the work together to see if anything was missed or doesn't feel right. We create a list of any final tweaks that are needed, and, assuming it is within the original scope, I make the final adjustments. Then the artwork is complete.

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www.ArtbyPresa.com Office-917-575-2448 Cell-917455-1977 General Mural Info and Pricing
Mural pricing is determined by four factors:

1. Intricacy of the design

2. Location and Size

3. Cost of materials

4. Working conditions
The initial phone consultation is free. We will discuss the project so that you have a time and cost estimate. I will discuss your project in detail as to get the best idea for your space. Design renderings and concept art to be sent and discussed.

Mural Cost:

The minimum starting cost is $25 per square foot for walls, $35 for harder to reach areas, floors & ceilings with a $2000 minimum per project.
**Prices vary depending on the difficulty or intricacy of the design. Once a design is finalized, I can give an exact price · The cost above includes my time, the cost of insurance, materials, design, labor and equipment for the painting but does not include travel cost, general repair and preparation of the wall (i.e.. cleaning, masonry work, priming, etc.) or clear coating of the wall to be painted. Certain items, such as specialized equipment or scaffolding needed to complete the job will be added to the price of the paint cost estimate.
· There may be additional charges depending on working conditions such as restricted hours of operation, cramped spaces or driving time and distance.
· Wall Preparation- Because the longevity of the mural is dependent on the security of the surface on which it’s painted, it is recommended that exterior walls be power washed one week prior to priming to ensure proper dry-time. · Recommendation for touch-up/post-occupancy- There are products such as Mural Shield or Anti-Graffiti, and other sealants and finishes that protect against UV Rays, graffiti, and damage. This would fall under specialty items and would be covered by the client. Any Major changes or repairs at the clients’ request will result in an additional fee.

After we talk on the phone or I visit your location, I spend time researching and designing the mural based on the client’s needs. Average setup and cleanup of a project takes about 4 hours, the travel time and gas are considered, whether materials or equipment in addition to the norm are needed. Let's not forget the main thing you are paying for.....the artist's talent!
Thank you for giving me your time and consideration in reviewing my website and work. I hope that I have the opportunity to create some artwork for you that will inspire viewers and add bold aesthetics to your space. If you have any questions, comments or concerns please don’t hesitate to reach out to me.

In light and love, always
Respectfully,
Presa Hall
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Contact Information
Chelsea Hart - Hart Creative LLC
4613 W 33rd Ave, Denver, CO 80212
[email protected]
513-479-0735
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Statement of Interest
I would be thrilled to create artwork that will positively impact the City of Desert Hot Springs. I resonate with the goals of this project and know my experience, art style, and passion for this project will allow me to exceed expectations.

I have created site-specific murals nationwide for public art organizations, government agencies, neighborhood improvement programs, and more. I’ve consistently received positive feedback regarding bringing the artistic vision to life and managing the demands of a project. I’ve worked with various exterior surfaces and know the materials to create something durable and low maintenance.

My artistic style is characterized by its bold colors and lightheartedness, which beautifully aligns with the goals of this project in creating artwork that makes a statement while providing a photo op. I designed several vibrant murals for this project. As these are my first drafts of the murals, I welcome any feedback from the Project Committee and will make changes to the murals as suggested. The titles of each proposed mural are below.

Mural Design 1 - “Joyful Jumble”
Mural Design 2 - “Desert Botanical Kaleidoscope“
Mural Design 3 - “Vibrant Vessel Garden”
To ensure these murals resonate with residents, I would like to engage in conversations with community members, leaders, and local organizations to gather insights into the history, values, and aspirations that could be later translated into the mural(s). This could look like a Zoom meeting, a survey, etc. After the design(s) are complete, we could offer the opportunity for residents to vote for their favorite design. I would also be happy to host a community painting day, something I’ve done with other mural projects.

This would be a day in which the community would help paint the mural. Having done this in the past, I can say this helped the neighborhood feel further connected to the artwork.

If chosen, I’m confident in my art skills and know I would be an asset to The City of Desert Hot Springs. I would be grateful for the opportunity to work with the Project Committee in creating impactful art for this growing community. Thank you for your time and consideration.

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Proposed Artwork Description
Title: Joyful Jumble
Size: Depends on where the mural is installed; open to location suggestions from the Project Committee Materials: Exterior paint
Description: This vibrant and playful mural blends abstract shapes and an explosion of vibrant colors. It's designed to resonate with a diverse audience, offering a fun visual experience for everyone. The dynamic composition of playful, abstract forms creates an inviting and lively atmosphere, making it a perfect backdrop for photos and selfies. Whether you're a child or an adult, an art enthusiast, or just passing by, this mural invites you to immerse yourself in its whimsical world of creativity and joy, fostering a sense of connection and delight among all who engage.

Title: Desert Botanical Kaleidoscope
Size: Depends on where the mural is installed; open to location suggestions from the Project Committee Materials: Exterior paint
Description: Similar to the above mural, this design leans more abstract, with a sprinkling of botanicals seen throughout the mural. I kept it playful with the funky shapes, colors, and patterns, pulling inspiration from the local environment of Desert Hot Springs.

Title: Vibrant Vessel Garden
Size: Depends on where the mural is installed; open to location suggestions from the Project Committee Materials: Exterior paint
Description: My final mural design is a delightful portrayal of vases filled with vibrant, bold-colored flowers. These floral arrangements, rendered in a playful and inviting style, serve as a visual celebration of growth, comfort, and the essence of home. Vases of flowers have long been a cherished symbol in art, representing the beauty of nature, the resilience of life, and the nurturing qualities of a warm and welcoming environment. The whimsical execution of this design is meant to positively impact anyone who interacts with the mural, evoking feelings of joy and optimism. It beckons viewers to appreciate life's simple yet profound pleasures, leaving a lasting impression of happiness and connection.

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Past Project Information
Title: Growing Highlawn Year: 2022 Size: 61 ft x 56 ft Materials: Asphalt stain Client: City of Huntington, WV Budget: $30,000 Location: Highlawn Elementary - Huntington, WV Description: After meeting with the Highlawn neighborhood in West Virginia, I created two mural designs in which the community voted on. They chose this design, which shows their local flowers and represents the neighborhood's growth and the coming together of residents who have lived here for years and new families.

Title: With My Friends Year: 2022 Size: 5 ft x 12 ft Materials: Interior paint Client: Colorado Mills Mall and 40 West Arts Budget: $1,000 Location: Colorado Mills Mall - Lakewood, CO Description: This mural is part of a program hosted by the Colorado Mills Mall, in which murals are installed throughout the building. The goal is to make artwork more accessible to the general public.

Title: Transform Year: 2022 Size: 4 ft x 5 ft x 4 ft Materials: Exterior paint Client: RiNo Arts District Budget: $1,000 Location: Taxi District of RiNo - Denver, CO Description: This transformer box mural is part of a quarterly project sponsored by the RiNo Art District. Artists have free rein to create whatever they want.

Title: Let Loose Year: 2021 Size: 28.5 ft x 9 ft Materials: Interior paint Client: Stanley Marketplace Budget: $1,000 Location: Stanley Marketplace - Aurora, CO Description: Stanley Marketplace asked me to create a mural for their building, inspired by my “Big Picture, Small Details” mural. The goal was to draw people to this hallway that got overlooked. Hoping a mural would brighten up the space and encourage people to use the nearby staircase.

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Title: Summertime in the Tropics Year: 2021 Size: 4.5 ft x 10 ft Materials: Interior paint Client: Private commission Budget: $1,000 Location: Private residence - Denver, CO Description: Mural commission for a private residence. The request for this mural was to depict tropical plants in pastel colors.

Title: Fun Times in Arvada Year: 2021 Size: 75 ft x 25 ft Materials: Exterior paint Client: Olde Town Arvada Business Improvement District Budget: $2,800 Location: 5700 Block of Olde Wadsworth Blvd - Arvada, CO Description: Mural commissioned to bring more customers to this block of Olde Town Arvada. The block had been renovated and closed to car traffic during COVID, and restaurants nearby set up dining on the newly closed street. The mural was a way to put a positive spin on the road closure and encourage patrons to use the outdoor dining.

Title: Botanicals in the Bathroom Year: 2021 Size: 7.5 ft x 4 ft Materials: Interior paint Client: Private commission Budget: $1,000 Location: Private residence - Denver, CO Description: Mural commission for a private residence. The request for this mural was to depict botanicals in bold blues and red hues.

Title: Big Picture Small Details Year: 2020 Size: 12 ft x 10 ft Materials: Interior paint Client: Private commission Budget: $2,400 Location: Private residence - Cincinnati, OH Description: Mural collaboration between myself and artist Katie Jaeger.

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Timeline
● 2 weeks - Negotiate and sign the contract and discuss project expectations and deadlines with the Project Committee. Have all documents approved by the Project Committee, such as insurance.
● 1 week - Meet with and collect feedback about the mural(s) from community members ● 2 weeks - Update or complete new design for mural(s)
● 3 days - Complete the first round of mural design revisions (if any) based on the Project Committee’s feedback
● 1 day - Complete the second round of revisions (if any) based on the Project Committee’s feedback
● 1 day - Mural design approved by Project Committee
● 1 day - Procure and rent machinery necessary for mural installation. Order and procure all mural installation supplies.
● 1 day - Clean, prep, and prime mural surface
● 5 days - Install mural
● 1 day - Seal mural
● 1 day - Document completed mural
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BUDGET ITEM AMOUNT
Artist fee $7,000
Studio administration $5,000
Wall preparation $1,500
Materials $1,200
Equipment rental $800
Travel $4,000
Insurance $1,000
Installation fee + assistant labor $7,000
Project documentation $1,500
Contingency $2,000
TOTAL PROJECT COST $31,000
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BERNARDHOYES.COM
Bernard Stanley Hoyes, Lead Artist, Coordinator
Secured Mail: PO Box 961 Palm Springs, CA. 92263
Cell 323.788.3048
Residence: 15320 Mountain View Rd DHS. 92240
Studio 760.329.9311
September 07/23
Invoice number #268181
To: Erick Becerril
11999 Palm Dr
Desert Hot Springs

DHS DOWNTOWN COMMISSIONED MURAL PROJECT
Heritage and Diversity Mural
Develop a Study on paper for the mural (prototype) to be rendered on Stucco outdoor wall.

Final Project approximate Size 40’ x 60’ will be painted on wall. Materials to be used: Textured Coating of America Ty-coat to prep wall of G.G. system adheres, also keep G.G. from reacting with acrylic paint. 2-part
Graffiti Guard System, a resin and catalyst mixture.

Material List
Prepare Wall with Gesso……………………………….................….$1050 ACRYLIC COLORS, from NOVA COLOR, MFG...…..………….$4,655
(This is including four coats of Graffiti Guard Treatment).

Skyjack boom………………....................weekly rental ……………$4650 Liability
Insurance……………………………………………………………….$650
Total Material Cost ………………………………………………...$10,355
Mural Material Payment to be made in two parts.

First payment Due on 10/12/23…………………………………...$517750
Second payment due upon request………..………………………$5177.50
Artist Salaries: payments
LEAD ARTIST, Coordinator……....................................$20,000 Total: $33,355
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This Mural have been on my mind for many years of livening in DHS. Since 1990 when I move my studio here, I have been in the Cultural life until after Covid-19 when I was invited to start a Mural Project in Kingston Jamaica. Since then, I have also created a mural for the St Paul Church of the Desert, in Palm Springs.

That Mural “Cast your Bread on the Waters” spoke to the creation of the Modern Community of the Desert thru the security of “Water” It celebrated the Diverse contribution of the People of California.

This mural will celebrate the Native Heritage thru the deliverance of a lifestyle that is provided and encouraged by the Natural Springs. Presence of the Ancestorial Water bearers to the Heritage keepers, the Political and Social Figures Cesar Chavez that gave voice to the struggle for representation.

The Heritage and Diversity Mural size:6x18” ratio 2:1
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Destination Crenshaw Mural
Proposal 10x16” acrylics on Board 2022
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Cast your Bread upon the Waters” 40’x60’ acrylics 2020
“Celebration” Mural for Kingston Creative 2020
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Bernard Stanley Hoyes, SUMMERY PROFILE
Mediums: Painting, Printmaking, sculpture, Photography.

Exhibition themes and History Rag Series – 1979.

Revival Series 1983-84.

Land Textures in Watercolor – 1986.

Caribbean Collection- 1988.

Past News in Review – 1988.

Victory of the Spirit – 1989.

Journey through the Spirit: 25 Year of Magical Realism – 1995.

Roots and Rhythm – 1996.

Passages – 1997.

Entrance – the way to Enchantment: Seven Sanctuaries – 1997.

Travels in the Spirit World – 2002.

Celebrate Black History – 2007.

Contemporary Intuitive – Lamentation and Celebrations Omaha, NE- 2007.

Blue Fin Tuna Commission, China.

Artist residency in Amsterdam, Netherlands and three City Tour of Europe including “Dancing in the Light” at Vine Gallery– 2009.

Watercolors, “the land in transition” – 2010.

Places and Validation, Art & progression, The Getty initiative pacific Standard Time: Art in LA 1945-1980 CAAM 2011.

L.A. Rising: SoCal Artists before 1980, published by the Getty Foundation, 2011.
2012 The Ford Theatre, DCA, Los Angeles County Arts Commission Los Angeles Board of Supervisors Grant.

Se7en Paintings, a Multidisciplinary Performance bring HOYES’s Art to life on the Ford Stage in Los Angeles, 2012.
“The Spirit of the Land,” Desert Art Collection, Palm Desert, CA. - 2015.

Visual Voice Exhibition, Self-Validating African American Artists from the 80’s and 90”, Artist and Curator. Riverside Art Museum, Riverside, CA.

Vortex Art and Music Festival, Co-Curator and Coordinator. invited to the California Contemporary Art Collection in Sacramento CA from 2013-2014. Selected to the California Senate Art Collection. 2015 Pan Am Games, Canada Sail Boat Banner representing Jamaica. 2017 Evolving Art Practice: Rags to the Revival Series, museum of African American Art, Los Angeles, CA
2017 Group Show, Jamaican Embassy, Berlin, Germany.
2017 Roots of Pegasus Bronze Sculpture Commission. Miami Beach, FL. 2019 “Cast your Bread upon the Waters” Public Mural, Church of St Pauls in the Desert, Palm Springs, CA
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2019 Paint the City Mural” CELEBRATION” Kingston Creative, Kingston Jamaica, W.I.
2020 SPIRIT OF THE LAND Through Climate change. San Bernardino County Museum. Solo Exhibition.
2021 Commission steel Sculpture to create and install Public Art in Downtown Kingston.

Hoyes’ exhibition history spans over 50 years with over 100 exhibitions, 30 of them Solo Exhibitions, in various countries including his native Jamaica, USA, UK, The Netherlands, and Germany.

Education and awards: 1970-74 at the California College of the Arts, Oakland, CA, BFA, Painting and Graphic Design. 1968 – 2015 – Ford Foundation Grant, 1968
Florence Sabin Distinguished Alumni Award, 2010
The Ford Theatre, DCA, Los Angeles Arts Commission, Los Angeles Board of Supervisors, L.A. Ca. Thirty five grants and awards of Excellence, and for contributions to the Arts.

Current Address: P.O.Box 961, Palm Spring CA. 92263. And, 15320 Mountain View Road, Desert Hot Spring, CA 92240. Kingston Address; 7 Kensington Ave, Kingston, Jamaica.

Email: [email protected] Website: www.bernardhoyes.com Item Number: 4.

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Estimate time for completion four to five weeks from start.

Start: estimated October, 2023
Completion: estimated December 30, 2023
All job receipts will be provided.

Sounds of the Collective Unconscious” 30x40 Mixed Media, 1980 Item Number: 4.

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Humming Bird 18x23” Acrylics 2021
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Humming Bird 2 Acrylics 18x23” 2021
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Children of Sisphysus Acrylics 40x60” 2009
Water Bearers 2 Acrylics on Canvas 40x60” 2023
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Erick Becerril
From: Geralyn Motto <geraun|[email protected]>
Sent: Wednesday, July 19, 2023 11:08 AM
To: ErickBecerril
Subject: ArtistJorge Sicre's Submission for DHSMural Project.

CAUTION:This email originated from outside of our organization. Do not clickon linksor open attachments unless you recogniz e
content is safe. Thank you.

Greetings Erick...Iam Geralyn Motto, a fellow artist/curatorcolleague of Jorge Sicre sending you the image ofJorge’s "Burning created in 2003. Thiswonderful painting graces my living room in my home of 20 years in DHSwhich was transformed into a su cc
es
sf
ul
p
has received many positive responses from my many guests throughout the past three years. Jorge looksforward to continue p
the city!

Page 168 of 797 ends

Item Number: 4.

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A£\\\
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Criticjorge
jprgesicre THE CRITCSHAVE SPOKEN
.‘'YOUDON'T NEED A DEGREEIN ARTI-IISTORYTO ENJOY
SICRE'SAPPEALINGNEO-SYMBOLISM.
’ IT IS EYECATCHING AND LUNHNOUSJ

RAY ZONE
‘IN A WORLD OF FASSIONSAND FADS, [SICRE]HAS ELECTEDTO
REVI'I‘ALIZETHEENCHANTMENT , A OF EASELPAINTING IN ITS PROPER HUMANISTICDIMENSION.‘

ALEJANDRORIOS
‘PART OF THE APPEALOF [SICRE'S]WORK-ANDMUCH OF IT IS
APPEALING—ISI'TSMYSTERY‘
MICHAEL]. FRESSOLA
'SICRE IS VERY A PAINTER OF TODAY, AND HE.

PRESENGTSUS WITH A VIBRANTRESPONSE

TO THE IIVIPACTOF MODERN TECHNOLOGYON THE WISDOM

GLYN JONES
'UNLIKEPAIN TERSWHO EXPERRIENCEFAILURES OF NERVE

WHEN I'TCOMES TO SPEAKINGWITH
EARNESTCONVICTION, [SICRE]IS DIRECT AND TO THE POINT.‘

BURTON WASSERMAN A
'1LIKETHE WORK BECAUSEIT'STIMELYAND TOPICAL
BEING TRENDY.AND BECAUSEIT'S

NOT JUST'I'IMELYAND TOPICAL BUT BECAUSE IT

REVERBERATES ONA BUNCH OF DIFFERENT

A - LEVELSAT THE SAME

JAMESSCARBOROUGH
‘

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* criticjorge - ‘JORGESICRE, A SOUTHERN CALIFORNIA PAINTER, DOES AMARVELOUS SURREAL DREAMSCAPES

THAT ARE REMINISCENT OF SOME OF MAX ERNST'S LATE
WORK.‘ I A DAVID JAYBROWN]
‘SOMEOF THE MOST INTERESTING ARTISTICSTATEMENTS
HERECOME FROM THE NEO-SYMBOLIST .
. PAINTERS MARIU SUAREZ, FELD( ANGEL AND ].L.SICRE.'
.5 ' ‘I 1";

VICTORIA DONAHOE
I -' j
"
‘ONE INTERESTING CAREERIN THE WORLD OF THE PLASTIC

ARTS IS FOUNDIN THE SA'I'ISFYING I MANIFESTATIONS OF 'I'I-IEACCOMPLISHED PAINTOR JORGE LUIS SICRE.'
’ LUCIANO GARCIA
' VIBRANT ' NANCY KAPITANOFF
LA

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Pm‘JAVIER.\l.5‘..\'j.4.\’,=\Cr\S
gablurde 1:.=:brade! pinmr nor- iet-z'emericano d‘ .>ri',_:c,-ncubanr; Jurge Sicre«'23 1.Su obru macedc Inconic: '11,.-.n,no de Ias pala- =.:-rns quu: nl;-.n cn van.) cxpi‘xmr- ia. La mlracia:9 aferra a elm inhi- biéndo to=‘!apair} 3‘ mda r'ormuI.'i— cidn. L1 rncnte se Henfxde im'='x-enos poder . 5 qu: apelan mzés :4 I53 senlidusque a un inciertuprnceso inrelectual.Susélcos y dibujos nos condu-ccn, mzisque a un razo.r:u- mieenlu,auIme\rnm11L1. 2um comm- nidn cnrrela reahdatl(isizt;x<1uenus ‘Sacra conversaziono‘,dleo sabre
I/enzadelplnfor Jorge Slcre.

Laobrapléstfcadelconocidoyjovenpintorcubanoame?cano JorgeSicrenobuscasetisfacera unpublicoqueadmiracomp!ecidcI. extraordinario, snequabuscaunaespeciedeuncién,unaunién singularentreiaindole?sicaylaespinltual deltcdoenquevivimos. rudea y las est:-r.x_'i:1sespiri'u.'-.19‘:
que subyacen bajn las {urmas ;'.}-;
renlcs que -..w>nlcn1pl:m1us. Hablar(Ia es_c-'u‘i!.u1* .::-n ::u so, no es graluilu. Ezafttpintmn = hace suya la contempx>raneE<lad efec ms, sin Iugarcs con inrerroga al muudu y a si n con una Iucidezpuco frecuc.«C Ia pldstica c0nlemp0r;§nee=.. ‘C que 1;:(uncidn (I21me as Inde .-. da: al hcunhrca compxr:nder~ '- ~ mismu,y a k‘k)IHp-"Ij:n<I§:rckUl‘.]\':_ y el lugar quc c.
podemos u'a
iuerzas sub
Mundo 21 No5*;03
Item Number: 4.

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JORG1-I SICRE
Gauguin, ‘gQuiénr:s Somos, adonde
vamos y de ddndeve11inm.»'?”.

Sus interrogantes son :11mismo
[lempo pun(o de.partida y meta.

Pues su obra un mundo able:-rloen
el (me parece habercabidapara to» do cuaritosea capuz de abrir nuesLros Scntidos a formulacinxwasmfls ampllas y prnfundas. una aperlura
que no es imitacix?n,Sim) apropia- cidn dc un mundo Linicoy mL'1ltipIe a la vez.en el que Con?uyen el Simbolismo?niscutxlardelsigloXTX,el ram modernismoch‘:GustavKlimt.
el surrenlisnm, el expmsinnmisum). y el arte de L15untiguas culluraspre colnmbinusy oricnlales.

Sicrehadevoradotonlas121$esc.uelas y digerido todaslaslendcncias, creando as! una nueva dimensién
cuyas fronterasya nada tienen que
ver con lo asimilado.Su aprop5acién es un actu de fe, una sed de coordenadasy referenciasa parur
de Iascualescomieuzaa articuiarsc
un discursosingular. y responde a
una intentionontolégica que abre
Ias pucrms de un muudo futurislu.
muy importanbe en su obra, que seIlamileniosdo:cu|(ur?I'm11t0de reposo deuml2u'gndevenir.

Resullacurinsoque una obra tan
modernncoma la.de Sicre no re- nuncie a la ?guracixbn;la ?gura humana sigue siendo una de L215mas imporumtcs alegorlus que Shvende
vehfumlua un Imsfundohumanism
y mIs1ico,yse fundcncon un mundo do formas biulégicas, en medio de una btisqucda Ontnlégica que
proyecta al hombre hnciauna (Iin1(:n5ix'm mm uJv_|.113. hombrese rc?cja _ ;l;re form Ie son 31mismotiempo Cerczu dismntcs,COI1}unci<')nque ale a las lhniles de un pamdu rem«;um y de un futuminclertoe inclennidu.

Su mundo,marcaduen gran n1£:n[i- da por el onirisma $urrcaIi.<In,hu:~- ca slnletlzar e.lnualeriulisnmdenti-
?co y la metaflsica.con ideascuisnxicus,exrralerrenalcs.Como resultado.nos encontramos ante ?guras incle?nidasque recuerdan mute"Ia
iconograrra de la cienuis ?C:_‘i<_':II cu.)-
mo deidades griegus, himlues u muyas, degran estil .hSn.Fem su vis'n‘mdc mundos extraturre: 5
estzi mnrcatlupor la mismafascinacién que Dodemosencontrar en las antiguas culturasamerindiasant:
lodesconncido0 Sob1'¢:humano_.

El artista no otrece clavcs a we
mundo onlrico,extratcrreslre o simplementc: mfsuco, sino que busca desencadenaren el cspeclador ascciaciones que lo hagan participar de la obra no 5610commun lzecho terminado, sino Iambién Como un
purtu dc partidzudel que nace:mdn
una legién de signi?caclos: ciuvcs
que le permitcn al artistsC0mp:".".i|'
su fascinacién con el p?blico.

El arte de este pinmr que nacicru
en La Habana.Cuba, en 1958,pen» que desde pequeno reside en los EstzndnsUnldos,y cuya recun'cnc‘:a
a la ?gxxracién es una vlapara hacer
su arte masComprensible, masaccesible, es un arte dirigi(Iolanlr) al CDr2'1z(')nComo 21la rm’.-me.Y dz hecho. ha llegado al cum/.c'u1y a la -Munuo31.$1o4
Item Number: 4.

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% Cash and checks accepted.

Pleasejotnusforan
ARTEXHIBIT8:AUCTION
featuringthe work ofestablishedChicano,
Latino, and otherlocal artists
SUNDAY
October 10, 2004
Plazade la RazaBoat Gallery
x\H'|‘|S'| 5» 354.0Mission Road
Rum‘mdemn
LosAngeles,CA90031
shmn Dabm L1nco1nPark
R(,1,,3n,, "Tm," Delgado H881‘ Main
l'lIses' Dial. I
'
Rn-hard Duurdu
l.n.1mh Filgumra
Vlau-g:1reICurc1u
"\ YolandaGonmlel
Lu) [.1mnu
Uubnel Lopez
.‘\I‘I|IH) Mallxuann
l".ec|lI.i .\(1|!L|(‘I.

Ax.Irnuu Hmlr\guc1
H:yes RuLlrn_;:ux-z
FrzmkRomero
[urge Sn-re
Elm Tr>rn:z
IulmVuladel
Parts:Valdez
Lmda \".1llu]u
[can BarIu\v,‘o'u?z:I
Drum) Campos
Alb-511::Dummguw.
. and nmr<~'
I A-
_ . _ ‘ Jorge Sicre.TheEula Art mclucles pamtmgs. pastels. punts; phoI.og1'aphs.scuIptu1‘e,ceramics and more.

Latinos Unidos 2004
Hosted by Latinos for Kerry and Latino Artists for Kerry (7(3Iebf(1,,- 1' [1 I/gm 1- Item Number: 4.

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/ EfeonAn '
- Page 1 of3
GAZI-."17"1:‘ NEW’51’APER5
- gzette-s.com
unityNewspaper
mung 0ut=_ Sports._
'
;§l:‘i;’i§l~'iI§
llu5;/1,
_'"
Sicre Exhibit 43¢ChaCha’s
FabulousOn Many Levels '
By James Scarborough
Gazette Art Writer
Cha Cha’s restaurant bar is
Caribbean,not Austrian— you can
tell by the décor, the foodand the
music.

But it°s still the site of someofrny
-“w"iW~"9 favorite things. I .vThis includesan airy space that A transitions ?omindoorto outdoor
and back in Withouta seam. It is a_
lot _ofroom t
I expand one’s
thoughts and {one’sbelt—— and the
work of JorgeSicre.

I
The show includes11 pieces. They
are spread thibughout the restaurant
so -you don’tseethem all at once.

The pieces bigeathe.You don’t think
it’s an art show,you think, as you
should,that tieseclusters of '
, paintings,w tercolors and collages don’t constitute the dining experience,but enhanceit. You
inhale the work the way you inhale
. star-jasmine. The overall odor
matters, not tie scent of individual
?owers.
:

I Some of the Workis large, some of
the work is srnall. Little matter:the
little ones areprecious theway a
hrtp://www.gazettes.con1/grunionar-t07OI20O4.html it 7/1/2004’ Item Number: 4.

Page 182 of 797 ends

breviary is precious, the larger ones
envelope you.

You can’t point to one of these
pieces and say, “Oh, thisreminds
me of that.” The style’sunique, it’s
personal;if you see a Sicrepiece
you know for two reasonsthatit’s a ' _Sicrepiece.First, it_isbecause you don’t often see such an
accomplishedbody of workthat
uses elements of Surrealismand
fantasy to explore themes of
politicsand society and salvation.

Second, his work .isa brand, it’s
easily recognizable.That’s saying
somethingin a glut of art, in a
world of images, in a synapsetwingeof short attention spans. I like the work because it’stimely and topical without being trendy.

And because it’s not just timely and
topical’but because it reverberates
on a bunch of different levelsat the
same time. Take “The Tower,” my
favorite piece in the show. It’s one
of the larger pieces, this oil on _ canvas. It shows what appears to be one of those stand-alone‘tandori ' ovens. It’s crumbling. Why? Who knows, at least at first glance.

T And then — criminy! — you see a
man and a woman holding hands.

They free fall from the top of the
tandori oven. His tie ?aps up. Then
it hits me, _that’sthe imageI saw in
TimeMagazine.theweek after 9- l 1,the one that‘provokedme to cancelmy subscription.That oven
‘symbolizesthe World Trade
Center, It serves as a metaphorfor
the terror-istattack,the beginningof
theend.Moreover‘,it’s constructed
like the Tower of Babel
— a
Item Number: 4.

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elOnArt
cacophony of Warringvoices, hell
i on earth. Here, now.

That’s the kind of multi-level
experiencethe Workbegs. Same
with “The Old Man and the Sea,”a
largeoil on canvas. It’s an aboveshot'_of__ theold.guy dead in the boat,’ hisbodyshape_d_like a question
-7.n;a:rl§_,j’-”:the_'j_'1'js.li',h'e_:’»s'lost his life f.e'€=1iJ1§i35e.3L€1£.’i.‘3..5§’.iJI$‘-‘C1 by sharks
_ vvhich‘ hover_;_lil§e‘ greeters at Walaquaticrendering of the S_isyphus,the schlep
_ whci-pus.. -. arock . ,'- up a mountain
":-‘.-._,,',-;;' 3.‘?-.-’.:'-£if;:1'. »-g' :1 andf_gl:._1_ge;';;;;,‘s_11_‘_ga._r},1~;ht‘§~,,‘;peak, the rock .
'reij1emb'E‘fé .. dgthafgravityWas_the M5». 4-
.x
-- u -,_.,_. -,-_%“;*.-.’—,i~‘5.*;-.:.z:-u,{.- :.-.~:*,:..-44:‘-.2 ' . 1ayv'a:i":s.iai'5f§s‘1;ad him.
-. ..- . .c:~.c.-—- \-«-..-!..-..-.u "“" ..
"'~"-"-a-- '~--'‘: -- fa?fabulous show in a
. fabulous‘environment.It’s organic,
not staged. T_'hework is hung at
different’levels,there’sno rhyme or - reasonto_thezinstallation,and there 5 ..Ei,I.6L§'F:l1Li'JiaiJner.ofother lcnick-- .— —_---«
I knacks andgewgaws strewn about. '.-- The shoW’shung as we would hang ‘ it, the Way We live our lives: in a
. messy but rich manner, chaoticbut :
endearing, and best-viewedsitting
down drinking a frostyRed Stripe
on a sunny summer a?emoon.

The exhibitionruns through July _ 25.Cha Cha’sis at 732 Paci?c "Ave.Restauranthours are 11 a.m.
tomidnightMonday through
Friday and 5 p.m. to midnight,
Saturday andSunday.For more
information,call495-4242.
{';gp_). or igmertainment page)
_ Page 3 of3
Item Number: 4.

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Jorge L. Sicre—Gattorno.- Wikipedia, the free encyclopedia .
' Page1 of 2 _ A JorgeL. Sicre-Gattorno
- FromWilcipedia, the free encyclopedia
Jorge LuisSicre-GattornoT Born ’ April 15, 1958 . Havana, Cuba_ Jorge Luis Sicre-Gattorno (born ’
.1958in Havana,'Cuba) is a well
known Cuban-American painter.[1]
He grew up in Cleveland, 'Ohio.He is the grandsonofthe famousCubansculptorJuan' ‘
Jose Sicre.
'
- Contents
u 1Education
’- 3 Footnotes
- 4 References '
' .5 Extemallinks
'
’‘ Education .

Sicre isa graduate of theUniversityof Californiain SantaBarbara. His art workis in ..museumcollections at the Housatonic Museum of Art in Bridgeport, Connecticut, the Museum of Modern Latin AmericanArt in Washington, D.C., and inthe Bass Museum in MiamiBeach, Florida. _
-
- - Family
Jorge Sicre-Gattornoisthe grandson ofJuanJoseSicre and the relative ofCuba'spremier ' Vangardiapainter, Antonio Gattorno. Hisfather, JorgeSicre, was acellistin the Cleveland Symphony Orchestra and thentaughtat The Juilliard School.Hismother, CanditaGattorno, is a psychiatristmg
. Otherrelatives are_Jose Gomez-Sicre, the lateCuban artcriticand attorney; Francisco - Gattomo, a Cubanactor; and Clemente G. Gomez-Rodriguez, a‘Cubanlawyer and writer. . Footn0tes_ ~ M

1. " “ b
‘JorgeLuis Sicre-Gattorno (1958 - ) (http://www.askart.com/AskART/ artist.aspir? artist=l20561&redir). ask33<t.com, Retrievedon 2007-08-05. g

1...._.u.... .__-1.;_....1.-.. ......I...:1..'rr......... T c-:-_-’r-..++......,. ' ' 1q/,1/qnnq
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www.yoyoweb.Com/er
WWWr2l[‘[ga[6S.COlTl ax www.cybcrpop.com
www.justar1.com
(310)591-6526
1966San FranciscoAve
Long Beach,CA 90806
22 www.osmus.com
l estilo es una
aspiracién
cenjital de la
creacion artfstica. No es alarde técnico, ni astucia. Es una caligrafia incons- cientc.Un puente indeleble que se establece entre cl misterio de la vocacién innatay la febril neoesidad de poncr orden al caos primigenio.

Hay estilos que pare- cen pactos con la razonr Otrols,puros latidos del corazon.El pintor Jorge Luis Sicreha encontrado un
punto meridianoentre am- bas circunstancias. La primera traza pautas y cataliza emociones,la segunda concede jlicencia para fundar una cpsmogonia. ‘Los lienzosde Sicre
no disimulancierta impronta cham?nica.Deliberadamente,el pintor quiere invocar sobre la lisura de sus super?cies una pagana mitologiaimaginaria que impida la devasrzicién ace- lerada‘de los bienes terre- nales ‘y de la capacidad espiritiial del hombre.

Eneste proceso no
excento de agonia existen- cial, e artista se ha apro- piado ~de cuanta especulacién histérica y legendaria existen sobre la Ilegadzi y convivencia de seres extraterrestresentrc IIDSOUOSA
Y al traducir a una
]CC[Llf2l conlcmporzinezi lo
que PLIFCCCSC!‘ la fiiOSO?£l
do 111espcranza probable,
lax figurzicioncs de Sicrc
terminan simulandoviajes alucinogenosdc vigilia casi miliianre.

La tramzi cronieilicu
es calidoscépicar Los entes se abstraccionanpor el uso
de una singular perspectiva
que rcvela, al mismo tiempo, el anversoy el reverso
del asunto que re?ere cada
cuadro.

El arte de Sicre es frondosoy sucinto.Discreto y locuaz. Sobre el se encabalgan las mitologias como iinicosvaloresperdurables de la civilizacion. Cuando parece agotarse en cierta retérica, su discurso escapa 21los encasillamien—
tos y vuelve comoa liberar— se /en un singular proceso ciclico de in?denciay a?r— macién.

En su empe?o por levitar al encuentro de la
gran incégnita, despojado
de represiones y conven- cionalismossociales,Sicre ha desencadenadosobre sus lelas y papeles la fuerza de una energia qua quiere bendecirtodos los éngulos positivos del ser humano.

Rechaza la periodi- zacion, los encasillamientos y toda posibilidad re- duccionistade su poética exploratoria,especulativa y, de cierta manera, provo- cadora en sus conjugatio- nes epocales.

El tema rupestre, la
légica primitiva y natural es
resuelta, por ejemplo, con
complicidad renacentista. Mientrasla masmoderna y depurada ?guracién se ejecuta mediante la “imperfeccién" deliberada de quien solo tiene un sentido ritual del arle.

Las extremidadesdc]
cuerpo humano y sobre
todo las manos son cita
recurrente del arte de Sicrc. Las manos imploran, se crispan de dolor, palpan. se cierran en pu?os de ira. Son manos que alivian‘participan y se esconden avert: zadas cuando no puedczi remediar una pcna. Su paleta suele ser iconica, taciturna, con la patina de retablos ceremo- niales y altares dondc se hii o?ciadola liturgia.Aunque después puede comrade- cirse en exabruptos de co- lores apretados, claustrofébicos, que lemen al vacio de los espacios abiertos.

De estas confrontacionesfecundasemerge una
suerte de lirica exotica donde se versi?ca en pla- nos y entidades cautiva- dores sobre el universo de los mitos y las leyendas sin reparar en procedencias
geogré?cas o étnicas. De tal modo cl golem merecetanta
atencién como Pandora, Shiva o una quimera.

Todo lo cual sustenta la idea dc Sicre sobre la co- autoria del arte. La mano que sostiene el pincel obe- dece los dictadosdel recla- mo individual :11mismo tiempo que coincide en la in?nitudcésmica con supe- rior voluntadexpresiva. La inspiracién, a?r- ma cl pintor, anida en el cerebro como una iluminacio’nexteriorinexplicable y el artista entregarzi su talento como el devoto de un rito.Sera enemigode las formulasy los lugares co- munes.Tratarzide'no diluir su capacidad de asombro y hara de la ambigiiedady la
sorpresa sélidos fundamentos de un desenvol— vimientoperpetuo.

La obra de Sicre re- vela una preocupacién ética
que rehuye de imposturasy
poses modernistas.En un mundo de modas y fuegos fatuos ha elegido revaIo- rizarel encanto de la pintura de caballete en su justa dimensionhumanista.Su cosmogonia de sitios y
sercsimaginariostiene mas
relacién con las urgencias de nuestro mundo que una
estética realista.fatigadaen
su propia eventualidad.

Alejandro Rios Item Number: 4.

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Visionary Amsis’m GalleryEli
y*_{9rl<s exhibita transcendentalquality
ly MICHAEL J. FRESSOLA
DVANC2 .Tn'zLiTWEEK At “Two Visionary Artists“ in
iallery ETC, visitors find themelva in the same neighborhood, ive or take an astral plane or
no, that was explored in "Transzrrnative Art" at tbe Newhouse fenter for Contemporary Art a
aw seasons back.

It is art that appears to take its
‘
ue_s from myriad sources,_ranglg from Shirley MacLaine-style ietaphysics to classical myth,
zience iiction, Hinduism, kabala,
laya cosmology, Chagall, Jung,
osch, anirnism and various other
specs of West Coat New Age
redosj '
, Both artsts are Californians, in
Let. Barbara Menda is a former
taten Island resident and Jorge"
icre is a Cuban-born ex-Navy,
orlzer. ., f
M3. ‘Vlendes, a pastStaten Is- .
‘.£lClInstitute oi".-Lrtsand Sciences ‘
léssglass Prize winner, has nine
I“/,12. by 12 inches or there-
:«. 3) oil and acrylic paintings
: the show and a single 6 foot by 3
not’untrainedcanvu banging tied “AnimalsAre l.nnoce:1'L". Most 0f'_tl:E paintingis done in ttraordinarily bright colors.
bink of Mughal illuminations,
l60's psychedelics and Peter
Iax. ’l‘he.'subjects tend toward
.e fantastic and symbolic,’i.e
iicorns, grL.t’.t'ins,winged homes.
s. Mendes draws boldly and hanes her palette of megavbright )lOlE'5 skillfully.-
One presumably tongue-intalc little canvas titled “I Love awntown L.A.."is a gloomy cityape oi snaking expressways me in smoggy blues. it's good to id a mundane topic among the

5. Mende.s's_mostly blissed-out
ctura. '
-
Jorge Sicre tapsa. broader im~-’‘
',e: hank. Maya deities, Greek
ythology and “Close Encounters
the Third Kind" share space in
1 Ml i"E‘llE¥I
his work and he is skilled in a
range of techniques, painting,
mixed media, collage, torn paper,
drawing. Miro and Dali seem to be
powerful in?uences.
' Quite a few pieces, like "Shaman," "l-lecate” and “Kore" have the directness of icons and the
clarity of good illustrations.

Slcre's fascination with extraterrestrials is evident everywhere, and viewers who don't share his
faith in such beliefs may find the
imagery. wearing even as they
appreciate how well it is handled.
‘Portrait of Western Man," an
oil, is an unsparing indictment in
which the figure is stitched together irom bis of thisor that and is trapped in‘a roiling, featureless
landscape.. ‘
' /I
It is easy to contrastit with
“Kul<ulcan," a collage made of

3.various gli'ttering*"mat’erials in
1'gyvhichthe deity is arrayed and
_ played in luxuriant splendor.
;. _Does“Living LikeEats" (17 by
21 inches) a 1985 oil made before
Sire went west, depict New York
‘_€iy living? its a studio apartiiient dwellers nightmare, a cross mtion of cubicles '
‘:3 high rise
occupied by hollow-eyed, naked,
naiserablewraitbs. :
'»
‘
" Al9E‘O'pain1.ing“Physl<a1it'y” (35
by=4.8inches) depicts an ancient
looking ‘stone fragment" carvedwith mysterious figures, floating-. through a sky-blue realm. Per-»
haps it is a Rosetta Stone, a key to
some alien culture;
Sicre offers‘ no further clues, _ but part of the appeal of his work — and much ofit is appealing —- is?
is mystery:
'
g ’_ ;
i
The show continue5.througli tb
end of the month. Phone 447-727-
for the hours of the gallery (964: '
Victory Elvdi,,Tompkinsville). - "'Co5rnicl-lybd__" by Jorge Sicrois an oil on comes on displc Gallery ETC's."T§vo Visionary Artists." -
‘
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Jorge Sicre An D47 Jorge Sicre Art 048 Jorge Sicre An O49 M .

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VisionaryArtists’orGeller
Marksexhibito transcendentalquality
ay MICHAEL J. FRESSOLA
DVANC3 L‘-A}? ?“rllT1-‘J1
At “Two Visionary Artists" in
Lallery ETC, vbitors find themalva in the same neighborhood, ive or Lake an astral plane or wo, that was explored in “TransJrmative Art" at the Newhouse enter for Contemporary Art a
aw seasons back.

It is art that appears to take its
-
ues from myriad sources,.rangxg from Shirley MacLalne-style ietaphysics to classical myth,
zience fiction, Hinduism, ltabala,
[aya cosmology, Chagall, Jung,
osch, anirnism and various other
specs of West Coast New Age
redos.’
Both artists are Cal.i.forn.ians.in
.ct. Barbara Menziesis a former
Laten Island resident and Jorge"
cre is a Cuhamborn ex-:‘lew_
orirer. ..
' Ms. ‘vfendes, a pastStaten Is- .
nd Institute of Arts and Sciences :
'ei;:.glass Prize winner, has nine
ri '12.'ny 1.’!inches or there-
>ot._,} oil’ and acrylic paintings
the show and a single 6 foot by 3
ot'u11ft-arnedcanvas hanging tied “AnimalsAre Innocent.” . Most of the paintingis done in rtraordinarily bright colors.

Jink or’ Mughal illuminations,
l60’s psychedeiics and Peter
ax. 'I‘he.‘subjecrs tend toward
e fantastic and symholic,‘i.e.
iicorns, griffiris, winged horsa.
s. Menda draws boldly and han- m her palette of mega-bright )lDf'S skillfully.

One presumably tongue-inleel: little canvas titled “I Love Jwntown L.A.," is a gloomy cityape of snaking expressways me in smoggy hlua. It's good to id a mundane topic among the
s. Mend5’s . mostly blissed-out
ctura. ‘
-
Jorge Sicre taps a broader im-»
;e: hank. Maya deitiu, Greek
ythology and “Close Encounters
the Third Kind" share space in
‘which the deity is arrayed and
V Theshowcontinutxthroughthe
Ml 1"ElIlEW
his work and he is skilled in a
range of techniques, painting,
mixed media, collage, torn paper,
drawing. Miro and Daliseem to be
powerful influenc-3.

Quite a few pieces, like “Shaman," “Hecate” and “Kore" have the directness of icons and the
clarity or‘ good illustrations.

Sicre's fascination with extraterrestrials is evident everywhere, and viewers who don't share his
faith in such beliefs may find the
imagery. wearing even as they
appreciate how well it is handled.

Portrait of Western Man," an
oil is an unsparing indictment in
which the figure is stitched together from him of this or that and is trapped in"a roiling,ieatureless
landscape.. - [I
It is‘ easy to contrastit with
“Kultulcan," a collage made of
various glittering’-"materials in
_d.Eplayev:lin luxuriant splendor.
:5_Does“_.iving Like Ra?" (17 by
21 inches) a 1985 oil made beiore
Slcre went WEE, depict New York
‘€_Iityliving? It's a studio apartrtfent dwellers nightmare, a cross mtion of cubicles in.-3 high rise
occupied by hollow-eyed, nalrecl,
miserablewraiths. .-'
’
‘ A l990'painting “Physlrality‘ (36
hy'~4.8inches) depicts an ancient
looking stone fragment carvedwith mysterious figures, Floatingthrough a sky-blue realm. Perhaps it is a Rosetta Stone, a key to some alien culture.

Sicre offers‘ no further clues, .
but part of the appeal of his work
— and much of it is appealing —— is
its mystery:
p
,
p
- _-
end of the month. Phone 447-727'I
for the hoursof the gallery (96%
Victory Blvd.,,T0mpkinsville). -"Cosmicgi/'ririd"Hy Jorge Sicreis an oil on canvas on displGnllery ETC'§."Two _‘/isionnryArtists." - *
Item Number: 4.

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‘t-‘Win ..

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DESERT HOT

SPRINGS MURAL

PROJECT
Emily Tayman Art

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Item Number: 4.

CONTACT INFORMATION
Name: Emily Tayman
Business Name: Emily Tayman Art LLC
Mailing Address: 53441 Mane Street #84
Pioneertown, CA 92268
Telephone: 410-693-8212
Email: emi|ymtayman@gmai|.com
Website: www.emi|ytaymanart.com

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Item Number: 4.

STATEMENTOF INTEREST
The mural named ”Burrowing Owls of Desert Hot Springs” by artist Emily Tayman is designed to grab the attention of locals and tourists with its eclectic color scheme and style. I have designed this mural to have fun, graphic, simplified textures as the backdrop and scenery to attract the eye of the viewer with its vibrancy and simplicity. I have designed the burrowing owls of Desert Hot Springs by painting them in a realistic painting style as they peak out from the mountain scape to give grandness to their presence and properly illustrate their character and identification. Ifind this design to be very fun and unique for the viewer while also bringing awareness to the wildlife of Desert Hot Springs. The subject matter includes a natural spring in the lower left corner with palm trees, windmills in the vast mountain ranges, and the realistic burrowing owls. The font has inspiration from water element with a style of Desert Modernism to be the icing on the cake for this fun mural design and bring a ”hip retro” feel to it.. The lettering is fantastic for "location selfies” as it says where you are and could become a geo tag.

I have been a muralist for over IO years and have murals allover the country as well as in Mexico. The goal in my mission as a muralist is to spread beauty throughout communities while emphasizing nature and its beauty through my subject matter. I have done multiple mural projects with cities so I am prepared for the necessary steps to execute this project properly, positively, and strategically to succeed in its completion. I am a huge fan of Desert Hot Springs and always visit to soak in the springs and try to find the adorable burrowing owls near the high school. Iwas told by someone at DHS resort that they have seen the small owls sometimes come up to the pools during dawn. ljust recently visited the Cabot Pueblo Museum and was very inspired by the quirkiness of the architecture and the view from the meditation garden. I actually drew another mock up mural with Cabot and his donkey Merry Christmas but didn't get it finished in time to submit! I hope one day there will be another call to artists that I can submit it for!
I believe that this vibrant design will bring attention to all the things that make Desert Hot Springs special, including the sweet burrowing owls of the desert. Thank you for considering me for this exciting project opportunity.

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Item Number: 4.

PROPOSED ARTWORK
”Burrowing Owls Of Desert
Hot Springs”
Size: 14x90 feet long wall.

SQ FT. 1,260
Mural Location: 66379
Pierson Blvd.

Materials: Paint
This is a Procreate Mock Up
of my mural concept

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Item Number: 4.
”Burrowing Owls of DHS”

PROPOSED ARTWORK
”Burrowing Owls Of Desert
Hot Springs”
Size: Owls will be apprx. 450
SQ FT Varying 3-4 feet wide
by 7-9 feet tall.

Mural Location: 66379
Pierson Blvd.

Materials: Paint, Specifically
Owls
This is a Procreate Mock Up
of my mural concept
"Burrovying_O\_/vls o_f|_D|-lS”_O

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VVPAZSTPROJECTS
Snakebite
Year: 2021
Size: 400 Square Feet
Material: Interior Wall Paint
Location: Yucca Valley, California
Description: 70s Style Vinta
Client: Snakebite Road OO

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Item Number: 4.
55555PA3ST PROJECTS
Tarpon Springs Community Mural Project
Year: 2021
Size: 3200 Square Feet
Material: Exterior Wall Paint
Location: Tarpon Springs, Florida
Description: A community paint by
numbers mural designed and lead
Emily Tayman.

Client: City of Tarpon Sp I e . Dona?on

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.WITL\‘l'\'\\‘,|'.'\“.l1i'
-‘_
,,
,1

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Item Number: 4.
1 3 1 3PAST PROJECTS
Quilted Mountains
Year: 2023
Size: 84 Square Feet
Material: Exterior Wall Paint
Location: 29 Palms, California
Description: Air BNBdesign
Client: Casa Maya Budget: $3000

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Item Number: 4.

Kite Festival
Year: 2023
Size: 400 Square Feet
Material: Exterior Wall Paint
Location: Morro Bay, CA
Description: A city mural for
the Kite Festival of Morro

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Item Number: 4. Bay
George Van Tassel
Year: 2023
Size: 500 Square Feet
Material: Exterior Wall Paint
Location: Landers, CA
Description: Historic UFO
Convention, impressionist
style.

Client: Giant Rock Meeting

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Item Number: 4.

Room Budget: $5,500

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Item Number: 4.
*i% PA?sTPROJECTS
This Must Be The Place
Size: 100 Square Feet
Material: Interior Wall Paint
Location: Sarasota, Florida
Description: Air Bnb Graphic
Mural
Client: Private Budget: $3000

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Item Number: 4.
l
2 l l
lejl .

Wall Size:
14x90 feet. Square footage total: 1,260 Square Feet.

PRICING:

1.)Emily Ta man concept develo ment and installation pricing is $25 per square foot. Allexpenses will be taken out of this pricing. $2 X1260 SQF .= $31,5 0
TOTAL= $31,500
WALL PREP:

1.)From in person inspection the wall stucco is deteriorating and needs to be chipped off and repaired. |van’s Painting in
Desert Hot Springs has given me an estimate for $2000.

TOTAL: (IN#2)

2.) The wall will need_to be primed andcoated with a base color which will come fromthe specific color of themural design (the clementinesky colorWlllbethebasecolor to be sprayed) as well as anti—graffiti coating after project IS completed. This is included in lvans Painting estimate.

TOTAL= $2000

3.) Boom lift rental for project installation: Estimated project time 7 days. Yucca Rental $2,400 plus delivery $250 round trip delivery fee.

TOTAL= $2650

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Item Number: 4.

4.) Paint costs: 1
.

I
5 ga llons 0_fsweet pea $200)
5 gallons light blue ($2 0)
5 gallons light yellow ( 200
3 gallons ash gra tan $150
2 gallons cream $100)
1gallon f_ireengine red ($50)
1gallon light teal($50)
1quart periwinkle blue ($50) _ 10 quarts ($40) and 2 gallons various colors for owls. ($400) + ($100) TOTAL: $1500

6.) Paint supplies:

Paintbrushes: $100
Lad_der:$100
Projector: $200
Rags: $20
Paint Tape: $30
5 Gallon buckets: $20
TOTAL: $570

7.) I live an hour away in Pioneertown so Iwill be getting local accommodation for a partial duration of my project installation.

EST. 7 Days. $100 a night.

TOTAL: $700
TOTAL ESTIMATEDPREP AND SUPPLIES: $7420
TOTAL CITYESTIMATEPAYMENT FOR CUSTOM Emily Tayman Art MURAL:
$25,580 + $6920 = $31,500 Page 248 of 797 Item Number: 4.

TIMELINEFOR PROJECT
lvans Painting Wall Prep:

Wall repair, base coat.

Est. 3 days.

Emily Tayman Art project begin:

Projecting and concept scale preparation: 2 nights.

Emily Tayman Art Install:

Base Color completion: 3 days
Lettering: 1Day
Owls: 3.5 Days
Ground level Graphic subject matter: 2 days
Mural overlook and completion: 1day
Mural project tools and equipment clean up: 1Day
lvans Painting Anti Grafitti Coating: 1Day
Estimated total time: 2 weeks and 3.5 days for project completion (weather and conditions permitting)

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Item Number: 4.

Taylor Wilson
TWilson Creative
1027 Felspar St. San Diego, CA 92109
(916)749-9395
[email protected]
www.twilsoncreative.com

STATEMENT OF INTEREST
I’d like to design a mural for the city of Desert Hot Springs, CA, based around the native plant life found there. The health and support of native ecosystems is so important.

There are lots of beautiful native plants as well as patterns found in the mountains, landscapes and springs there. I’d like to bring these together to create a lively and dynamic piece which captures the natural character of Desert Hot Springs. A design like this will bring a sense of pride, as well as encourage visitors to notice the smaller things about the place and all it has to offer.

If selected, I plan to visit the area for some time to experience it first hand and take my reference photos straight from the source. Studying native nature is a meditative experience.

My design process typically consists of a mood board of inspiration images, which I will be providing today. Following the mood board, I provide 4 different design options along with 2 rounds of revisions where the board may critique the work and I will make changes from there. My process is meant to create a space where my clients may be as hands on or hands off as they’d like to be. All designs are done digitally in color and are mocked up on the wall. For installation I will use a projection or a method of gridding to ensure proportions are correct. I unfortunately do not do designs up front, but the mood board along with my past work should be enough to exhibit where my skills and thoughts are. The mood board is also helpful as you can tell me what images resonate and which ones don’t, it is not set in stone. Through the design process, I am absolutely able to meet with board members to discuss and collaborate.

I have been painting murals on my own for about 2 and a half years now. Prior to working on my own I assisted a couple local San Diego muralists who taught me quite a bit. I have worked on lifts before and have my aerial lift certification. I do carry general liability insurance. The very first mural I assisted on was about 1,800 sq ft and I do like working on large scale projects.

Item Number: 4.

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ITEMIZED BUDGET (This is an estimate based on the listed 1,500 sqft estimate. My pricing is a flat rate calculated on a sqft basis so the mural cost itself may differ for larger walls)
Wall prep/power wash: $1,500
Mural design process and installation option 1(simpler abstraction): $27,000 Mural design process and installation option 2(abstraction with realism):$33,500 Scissor lift(depending on height of mural if one is needed): $2,500 Anti Graffiti/protective coat: $2,000
Total Budget Option 1: $33,000
Total Budget Option 2: $39,500
Item Number: 4.

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TIMELINE FOR FABRICATION AND INSTALLATION
Visit to the site to take photos and get to know the area: 2-3 days Design process: This depends a little bit on when the board meetings take place and how long it takes to come up with any revisions, but on my end here’s about how long it would take.

Initial designs, 4 options- 5 days
First round of revisions sent back- 2 days
Second round of revisions sent back- 2 days
Wall prep- 1-2 days
Design outline on wall- 1 day
Mural painting- 5-10 days(depending on complexity of design) Anti Graffiti/protective coat- 1 day
These are just the days it would take me to do the work, it will most likely be more spread out depending on the schedule of the board. I am very flexible and will work around my clients needs.

Item Number: 4.

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Desert Hot Springs
And Taylor Wilson

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Inspiration
A desert landscape oasis. Combine the elements of spring water, mountainscape, sun, palm trees (or highlight a couple) and keep a mainly earth toned palette. A good way to combine elements is through slight abstraction, while keeping all the elements recognizable. We can combine the abstract with more concrete details such as the palm trees and native plants. In these slides I have brought in images to serve as inspiration for style and imagery. I want to be inspired directly from the natural elements and patterns within the nature of Desert Hot Springs to bring its unique features alive. Some parts of the environment are easily missed because they are so small, but often the most beautiful. I would come out there to do my research, take reference photos and inform my design process. These images are not mine and are strictly for the use of inspiration.

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Desert elements/patterns

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Native Plants (more research will go into this)

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Desert Mountain landscape

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Simple abstraction
of elements

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Desert Palm Trees

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Water patterns

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Abstract vs. Concrete
(A style choice, images will be fit
for Desert landscape)

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Process
If we are to move forward the design process consists of 4 different design options. This is followed by 2 rounds of revisions where you may tell me what you like and don’t like and I will make changes from there to ensure you are happy with the designs. Along the way all designs are done digitally and mocked up on the wall so you get a good idea of what it will look like once it’s painted. When it comes to painting, I will either use a projection or a method of gridding to make sure the proportions are all correct.

For payment, I do typically take 25% deposit up front, 25% upon design approval and the remaining 50% upon mural completion.

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Past Projects
Taylor Wilson

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Cove Hotel Long Beach, CA (24x30ft)

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Golden Road Brewing, Anaheim, CA (19x10ft)

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Crown City Inn, Coronado, CA (19x9 ft)

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Three Weavers Brewing 1, Los Angeles (24x14ft)

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Three Weavers Brewing 2, Los Angeles (24x14ft)

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Three Weavers Brewing 3, Los Angeles (11x10ft)

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Succulent Coffee Roasters, Laguna Beach, (13x9ft)

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Pilates of Eastlake, Chula Vista CA (12x8ft)

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Moe Coffee, San Diego (13x8.5ft)

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Mt. Fuji TCW Global, San Diego (42x11ft)

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Please see more at www.twilsoncreative.com
Thank you!

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Item Number: 4.

SR-23-292
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 5, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution to Approve the Issuance of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Bonds, Series 2023
RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, acting as the legislative body of City of Desert Hot Springs Community Facilities District No. 2006-1 authorizing the issuance of its Improvement Area 1 Special Tax Bonds, Series 2023 in a principal amount not to exceed two million five hundred thousand dollars ($2,500,000) and approving certain documents and taking certain other actions in connection therewith.

BACKGROUND:

The City of Desert Hot Springs (“City”) formed Community Facilities District No. 2006-1 (“District”) and designated, five improvement areas therein including Improvement Area 1, in 2007, for the purpose of financing various public improvements and services required in connection with the proposed development within the District. Around the same time, an election was held within Improvement Area 1 at which the landowners eligible to vote approved the issuance of bonds in an amount not-to-exceed $8,000,000, secured by special taxes levied on property within the Improvement Area.

The City previously issued bonds for Improvement Area 1 to finance certain public facilities and to refinance such prior bonds. Currently, the only remaining bonds outstanding are the Special Tax Refunding Bonds, Series 2020 (the “2020 Bonds”), which were issued on a private placement basis to refund prior bonds and reduce special taxes paid by then homeowners. The 2020 Bonds are currently outstanding in the amount of $1,687,857. The proposed bonds to be issued the “2023 Bonds”) will be payable from special taxes of the District on a parity with the 2020 Bonds.

The District comprises a portion of a master-planned community that has been marketed as “Skyborne at Desert Hot Springs” (“Skyborne”). Skyborne is located to the southeast of Mission Lakes Boulevard and Worsley Road and consists of Improvement Areas 1 through 4. Improvement Area 1 includes Villages I and II of Skyborne and are planned to include 394 single family homes at buildout.

Development of Skyborne commenced in 2006 and the original developer of Skyborne was Western Pacific Housing, Inc. (dba D.R. Horton America’s Builder) (“D.R. Horton”). Development of Skyborne was delayed due to the severe economic recession in the late 2000’s. In 2008, D.R. Horton sold Item Number: 5.

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substantially all of its interest in the Skyborne development to Skyborne Ventures, LLC, a Delaware limited liability corporation (“Skyborne Ventures”), who is the current master developer of Skyborne.

Development over the last few years has progressed, and as of November 27, 2023, 362 of the 394 homes planned within Improvement Area 1 had been conveyed to individual homeowners. As of such date, the property for the remaining 32 homes was owned by Lennar Homes of California, LLC (“Lennar”) and consisted of four completed homes (including three model homes), 21 homes under construction and 7 finished lots.

The Resolution before the City Council authorizes the issuance of the 2023 Bonds to finance the costs of construction of facilities benefiting the property in the District. Additionally, the Resolution authorizes the approval and execution of certain documents, as further described below.

DISCUSSION:

Based on market conditions as of November 27, 2023, the 2023 Bonds are expected to be issued in a par amount of approximately $1,970,000. The final maturity will be September 1, 2038, which coincides with the final maturity of the 2020 Bonds. In other words, the term of the special tax paid by homeowners in connection with the 2023 Bonds will not extend beyond the term of the 2020 Bonds. Additionally, special taxes for existing homeowners in Improvement Area 1, particularly those whose taxes were reduced through the issuance of the 2020 Bonds, will not increase after the issuance of the 2023 Bonds.

Proceeds from the 2023 Bonds will be primarily used to reimburse the Developer for the cost of facilities completed within the District. A description of such facilities, which include but are not limited to streets, streetscape, park and recreation facilities, storm drain, other City facilities, and related costs including designs, inspections, professional fees, annexation fees, connection fees and acquisition costs, is provided in the Preliminary Official Statement (“POS”).

Assuming City Council approves the resolution this evening, the 2023 Bonds are expected to price on or around December 13, 2023 and close the following week. Provided in the table below are certain estimated financing statistics relating to the 2023 Bonds, as well as the projected special tax levy on homes within the District. As required under Section 5852.1 of the California Government Code, good faith estimates have been provided to the City by Urban Futures, Inc., the Municipal Advisor in consultation with Stifel, Nicolaus & Company, Incorporated, as underwriter of the 2023 Bonds as Attachment A.

Select Financing and Levy Statistics
Par Amount $1,970,000
True Interest Cost (Average Bond Yield) 4.65%
Average Annual Debt Payments $192,463
Total Debt Payments $2,828,676
Average Projected Levy Per Parcel FYs 2025-
38* $927
Based on market conditions as of November 27, 2023
*Average projected special tax levy divided by number of developed parcels (394). Such taxes will not escalate over time.

Item Number: 5.

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As previously mentioned, the resolution for City Council’s consideration authorizes the issuance of the 2023 Bonds and approves forms of the Preliminary Official Statement, the First Supplement to Fiscal Agent Agreement, the Bond Purchase Agreement, and the Continuing Disclosure Certificate.  Preliminary Official Statement: The Preliminary Official Statement (the “POS”) is the “offering document” for the 2023 Bonds. It provides a description of the District and Improvement Area 1, the 2023 Bonds, the proposed development within District and Improvement Area 1, and any other information that would be material to a prospective investor’s decision on whether to purchase the 2023 Bonds. While the City’s financing team (bond and disclosure counsel, consultants, and the underwriter) have participated in preparing the preliminary official statement, City Council and staff are ultimately responsible for ensuring that the offering document is accurate, contains no misleading information and does not omit any information necessary to make the document not misleading to investors.  First Supplement to Fiscal Agent Agreement: The First Supplement to Fiscal Agent Agreement, which supplements and amends the Fiscal Agent Agreement dated as of February 1, 2020 (executed in connection with the 2020 Bonds), contains terms of the 2023 Bonds including, but not limited to, the payment and redemption provisions, the pledge of revenues to pay the 2023 Bonds, rights and duties of the Fiscal Agent, remedies upon a default in the payment of the 2023 Bonds, and other related matters. The agreement is entered into between the District and Wilmington Trust, National Association, as the appointed Fiscal Agent for the 2023 Bonds.
 Continuing Disclosure Certificate: Executed for the benefit of bondholders, the Continuing Disclosure Certificate obligates the District to file an annual report each Fiscal Year which includes, among other things, the most recent audited financial statements of the City and financial data relating to the District. The District is also required to report certain events which are significant to bondholders if and when they occur.
 Bond Purchase Agreement: Pursuant to the Bond Purchase Agreement, the City agrees to sell the 2023 Bonds to the underwriter and the underwriter agrees to purchase the 2023 Bonds, subject to typical closing conditions. City staff, the City’s municipal advisor, and bond counsel will sign off on the final pricing of the 2023 Bonds prior to the execution of the Bond Purchase Agreement.

Bond Counsel and the City Attorney have reviewed the attached financing documents on behalf of the City. If this resolution is approved, City staff will continue to work with the financing team to finalize all of the aforementioned documents. As previously mentioned, the 2023 Bonds are expected to price on or around December 13, 2023 and close the following week.

FISCAL IMPACT:

The 2023 Bonds are paid from special taxes levied in Improvement Area No. 1. There is no fiscal impact to the City’s General Fund. The City will, however, be required to provide administration for the District, which is funded as part of the annual special tax levy.

As previously mentioned, the average projected levy per parcel for Fiscal Years 2025-38 is $927. Such special taxes will not escalate.

These figures are preliminary and subject to prevailing market conditions at the time of sale.

Item Number: 5.

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ATTACHMENT A

GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the 2023 Bonds in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by Urban Futures, Inc., the City’s Municipal Advisor (the “Municipal Advisor”) in consultation with Stifel Nicolaus (the “Original Purchaser”).

Principal Amount. The Municipal Advisor has informed the City that, based on the City’s financing plan, its good faith estimate of the aggregate principal amount of the 2023 Bonds to be sold is $1,970,000 (the “Estimated Principal Amount”).

True Interest Cost of the Bonds. The Municipal Advisor has informed the City that, assuming that the respective Estimated Principal Amount of the 2023 Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the 2023 Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the 2023 Bonds, is 4.65%.

Finance Charge of the Bonds. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2023 Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the 2023 Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the 2023 Bonds), is $244,175. Additionally, there will be an annual Fiscal Agent fee of $2,000 for as long as the 2023 Bonds are outstanding.

Amount of Proceeds to be Received. The Municipal Advisor has informed the City that, assuming the Estimated Principal Amounts of the 2023 Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the City for sale of the 2023 Bonds, less the finance charge of the 2023 Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the 2023 Bonds, is $1,578,812.

Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amounts of the 2023 Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the City will make to pay debt service on the 2023 Bonds, plus the finance charge for the 2023 Bonds, as described above, not paid with the respective proceeds of the 2023 Bonds, calculated to the final maturity of the 2023 Bonds, is $2,828,676. Additionally, there will be an annual Fiscal Agent fee of $2,000 for as long as the 2023 Bonds are outstanding.

The foregoing estimates constitute good faith estimates only and are based on market conditions prevailing at the time of preparation of such estimates. The actual principal amount of the 2023 Bonds issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the 2023 Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of 2023 Bonds sold being different from the respective Estimated Principal Amounts, (c) the actual amortization of the 2023 Bonds being Item Number: 5.

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different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the 2023 Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the City’s financing plan, or a combination of such factors. The actual date of sale of the 2023 Bonds and the actual principal amount of 2023 Bonds sold will be determined by the City based on various factors. The actual interest rates borne by the 2023 Bonds will depend on market interest rates at the time of sale thereof. The actual amortization of the 2023 Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the City.

ATTACHMENTS:
1) Resolution of Issuance Desert Hot Springs CFD 2006-1 2023 Bonds 2) First Supplement to FAA City of Desert Hot Springs 2006-1 - 2023 Bonds 3) District Continuing Disclosure Certificate (Desert Hot Springs CFD 2006-1) 4) Preliminary Official Statement City of Desert Hot Springs CFD 2006-1 5) BPA - City of Desert Hot Springs CFD 2006-1 IA 1 2024 Bonds (002) 6) 193-2023-0412 - City of Desert Hot Springs CFD No 2006-1 IA1 Item Number: 5.

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4855-2358-2084v3/200812-0002

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF

CITY OF DESERT HOT SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2006-1 AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT
AREA 1 SPECIAL TAX BONDS, SERIES 2023 IN A PRINCIPAL

AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED
THOUSAND DOLLARS ($2,500,000) AND APPROVING CERTAIN

DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN

CONNECTION THEREWITH
Whereas, on November 21, 2006, the City Council of the City of Desert Hot Springs (the “City Council”) adopted Resolution No. 2006-107 stating its intention to form City of Desert Hot Springs Community Facilities District No. 2006-1 (the “CFD” or the “District”) and designate Improvement Area Nos. 1 through 5 therein, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and Whereas, on November 21, 2006, the City Council also adopted Resolution No. 2006-108 stating its intention to incur bonded indebtedness within the District in the amount not to exceed $8,000,000 for Improvement Area 1 to finance the facilities and improvements identified in Resolution No. 2006-107 and the incidental expenses to be incurred in financing such facilities and improvements and forming and administering the District; and
Whereas, after a noticed public hearing, on January 16, 2007, the City Council adopted Resolution Nos. 2007-13, 2007-14 and 2007-15 which formed the District, designated five improvement areas in the District (including Improvement Area 1), authorized the levy of special taxes within each improvement area within the District, determined the necessity to incur bonded indebtedness within each improvement area within the District (including $8,000,000 for Improvement Area 1), and called an election within the District on the proposition of incurring bonded indebtedness, levying special taxes and setting an appropriations limit, which were approved by more than two-thirds vote by the qualified electors on January 16, 2007; and
Whereas, on November 19, 2008, the District issued its $2,080,000 City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Bonds, Series 2008A (the “2008 Bonds”) to finance certain facilities benefitting the District; and Whereas, on August 17, 2010, the District issued its $2,285,000 City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Refunding Bonds, Series 2010 (the “2010 Bonds”) to refund the outstanding 2008 Bonds and to finance additional facilities benefitting the District; and Whereas, on February 6, 2020, the City of Desert Hot Springs (the “City”) issued its $1,995,205.57 City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Refunding Bonds, Series 2020 to refund the outstanding 2010 Bonds; and
Item Number: 5.

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2 4855-2358-2084v3/200812-0002
Whereas, the legislative body of the District desires to issue an additional series of bonds for the District at this time under the Act to finance certain public facilities which the District is authorized to finance; and
Whereas, the City desires to accomplish the financing of certain public facilities through the issuance of bonds in an aggregate principal amount not to exceed $2,500,000 designated as the “City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Bonds, Series 2023” (the “Bonds”); and Whereas, in order to effect the issuance of the Bonds, the City desires to enter into various agreements and approve certain documents in substantially the forms presented herein; and
Whereas, based on the appraisal of real property prepared by Integra Realty Resources, Inc. (the “Appraisal”) of property within Improvement Area 1 and the Fiscal Year 2023-24 assessed value of the property in Improvement Area 1 that was not subject to the Appraisal, the value of the real property in Improvement Area 1 subject to the special tax to pay debt service on the Bonds is more than three times the sum of the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act (including the 2020 Bonds) or a special assessment levied on property within Improvement Area 1 as calculated in the manner set forth in Section 53345.8(a) of the Act; and Whereas, the City Council has determined in accordance with Section 53360.4 of the Act that a negotiated sale of the Bonds to Stifel, Nicolaus & Company, Incorporated (the “Underwriter”) in accordance with the terms of the Bond Purchase Agreement for the Bonds to be entered into by the City and the Underwriter (the “Bond Purchase Agreement”) approved as to form by this City Council herein will result in a lower overall cost to the District than a public sale;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS,

ACTING AS THE LEGISLATIVE BODY OF CITY OF DESERT HOT SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2006-1, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOW:

Section 1. Each of the above recitals is true and correct.

Section 2. The issuance of the Bonds is hereby authorized in an aggregate principal amount not to exceed $2,500,000, with the exact principal amount to be determined by the official signing the Bond Purchase Agreement in accordance with Section 5 below. The City Council hereby determines that it is prudent in the management of the District’s fiscal affairs to issue the Bonds. The Bonds shall mature on the dates and pay interest at the rates set forth in the Bond Purchase Agreement to be executed by the City in accordance with Section 5 hereof. All other provisions of the Bonds shall be governed by the terms and conditions of the Fiscal Agent Agreement dated as of February 1, 2020 (the “Original Fiscal Agent Agreement”), as supplemented and amended by the First Supplement to Fiscal Agent Agreement, dated as of December 1, 2023 (the “First Supplement” and together with the Original Fiscal Agent Agreement, Item Number: 5.

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the “Fiscal Agent Agreement”), each by and between the City and Wilmington Trust, National Association, which First Supplement shall be substantially in the form on file with the City Clerk, with such additions thereto and changes therein as the officer or officers executing the same deem necessary to enhance the security for the Bonds, to cure any ambiguity or defect therein, to insert the offering price(s), interest rate(s), selling compensation, principal amount per maturity, redemption dates and prices and such other related terms and provisions as limited by Section 5 hereof or to conform any provisions therein to the Bond Purchase Agreement or the Official Statement delivered to the Underwriter of the Bonds. Approval of such changes shall be conclusively evidenced by the execution and delivery of the First Supplement by one of the following: the Mayor, the City Manager, the Administrative Services Director, or their written designees (each, an “Authorized Officer” and collectively, the “Authorized Officers”), each of whom is authorized to execute the First Supplement. Capitalized terms used in this Resolution which are not defined herein have the meanings ascribed to them in the Fiscal Agent Agreement.

Section 3. The Bonds shall be executed by the City by the manual or facsimile signature of the Mayor of the City or his or her written designee and be attested by the manual or facsimile signature of the City Clerk. Wilmington Trust, National Association is hereby appointed to act as fiscal agent, registrar and transfer agent for the Bonds.

Section 4. The covenants set forth in the Fiscal Agent Agreement are hereby approved, shall be deemed to be covenants of the City Council and shall be complied with by the City and its officers. The Fiscal Agent Agreement shall constitute a contract between the City and the Owners of the Bonds.

Section 5. The form of the Bond Purchase Agreement presented at this meeting is hereby approved and each of the Authorized Officers is hereby authorized to execute the Bond Purchase Agreement, with such additions thereto and changes therein relating to dates and numbers as are necessary to conform the Bond Purchase Agreement to the dates, amounts and interest rates applicable to the Bonds as of the sale date. Approval of such additions and changes shall be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement by one or more of such Authorized Officers; provided, however, that the Bond Purchase Agreement shall be signed only if the Underwriter’s discount does not exceed 2.3% of the principal amount of the Bonds and only if the true interest cost on the Bonds does not exceed 5.50%.

Each of the Authorized Officers is authorized to determine the day on which the Bonds are to be priced in order to attempt to produce the lowest borrowing cost and may reject any terms presented by the Underwriter if determined not to be in the best interest of the City.

Section 6. The form of the Continuing Disclosure Certificate presented at this meeting is hereby approved and each of the Authorized Officers is hereby authorized and directed to execute the Continuing Disclosure Certificate in the form hereby approved, with such additions therein and changes thereto as the officer or officers executing the same deem necessary to cure any defect or ambiguity therein, with such approval to be conclusively evidenced by the execution and delivery of such certificate.

Item Number: 5.

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Section 7. The form of the Preliminary Official Statement presented at this meeting is hereby approved and the Underwriter is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the Bonds in the form hereby approved, together with such additions thereto and changes therein as are determined necessary by the Authorized Officers to make such Preliminary Official Statement final as of its date for purposes of Rule 15c2-12 of the Securities and Exchange Commission. Each of the Authorized Officers is hereby authorized to execute a final Official Statement in the form of the Preliminary Official Statement, together with such changes as are determined necessary by the Authorized Officers, to make such Official Statement complete and accurate as of its date. The Underwriter is further authorized to distribute the final Official Statement for the Bonds and any supplement thereto to the purchasers of the Bonds upon the execution of the final Official Statement as described above.

Section 8. In accordance with the requirements of Section 53345.8 of the Act, based on the Appraisal and the Fiscal Year 2023-24 assessed value of the property in Improvement Area 1 that was not subject to the Appraisal, the legislative body of the District hereby determines that the value of the real property in Improvement Area 1 subject to the special tax to pay debt service on the Bonds is more than three times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act (including the 2020 Bonds) or a special assessment levied on property within Improvement Area 1, all as calculated in the manner provided in Section 53345.8(a) of the Act.

Section 9. Each Authorized Officer is authorized to provide for all services necessary to effect the issuance of the Bonds. Such services shall include, but not be limited to, printing the Bonds, obtaining legal services, fiscal and paying agent services and any other services deemed appropriate as set forth in a certificate of such Authorized Officer. Each Authorized Officer is authorized to pay for the cost of such services, together with other costs of issuance, from Bond proceeds deposited pursuant to the Fiscal Agent Agreement.

Section 10. The Authorized Officers, the City Clerk and the other officers and staff of the City responsible for the fiscal affairs of the District are hereby authorized and directed to take any actions and execute and deliver any and all documents, certificates, acknowledgments and contents as are necessary to accomplish the issuance, sale and delivery of the Bonds in accordance with the provisions of this Resolution and the fulfillment of the purposes of the Bonds as described in the Fiscal Agent Agreement, including, in the discretion of any of the Authorized Officers, and providing certificates to the Underwriter as to the accuracy of any information relating to the District which is included within the Official Statement. Any document authorized herein to be signed by the City Clerk may be signed by a duly appointed deputy clerk.

Section 11. The City Council acknowledges that the good faith estimates required by Section 5852.1 of the California Government Code are disclosed in the staff report and are available to the public at the meeting at which this Resolution is approved.

Section 12. The City Council hereby approves the execution and delivery of all agreements, documents, certificates and instruments referred to herein with electronic Item Number: 5.

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5 4855-2358-2084v3/200812-0002
signatures as may be permitted under the California Uniform Electronic Transactions Act and digital signatures as may be permitted under Section 16.5 of the California Government Code using DocuSign.

Section 13. This Resolution shall be effective upon its adoption.

Passed and Adopted on this 5th day of December, 2023.
_____________________________
Scott Matas, Mayor
Attest:
_____________________________
Jerryl Soriano, CMC
City Clerk
Item Number: 5.

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6 4855-2358-2084v3/200812-0002

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF DESERT HOT SPRINGS )
I, Jerryl Soriano, CMC, City Clerk of the City of Desert Hot Springs, California, do hereby certify that Resolution No. 2023-______ was adopted by the City Council of the City of Desert Hot Springs, California, at the Regular meeting of December 5, 2023 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Jerryl Soriano, CMC
City Clerk
Item Number: 5.

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Stradling Yocca Carlson & Rauth
Draft of 11/28/23
4855-6427-4306v2/200812-0002

FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT
Between

CITY OF DESERT HOT SPRINGS
And

WILMINGTON TRUST, NATIONAL ASSOCIATION
as Fiscal Agent

CITY OF DESERT HOT SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2006-1
IMPROVEMENT AREA 1 SPECIAL TAX BONDS, SERIES 2023
Dated as of December 1, 2023
Item Number: 5.

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TABLE OF CONTENTS
Page

ARTICLE I

DEFINITIONS
Section 1.1 Definitions .....................................................................................................................2

ARTICLE II

GENERAL AUTHORIZATION AND BOND TERMS
Section 2.1 Amount, Issuance, Purpose and Nature of 2023 Bonds ................................................3 Section 2.2 Description of Bonds; Interest Rates .............................................................................3 Section 2.3 Place and Form of Payment...........................................................................................4 Section 2.4 Form of 2023 Bonds; Execution and Authentication ....................................................5 Section 2.5 Conditions to Issuance of 2023 Bonds ..........................................................................5 Section 2.6 Book-Entry System........................................................................................................5 Section 2.7 Representation Letter.....................................................................................................6 Section 2.8 Transfers Outside Book-Entry System ..........................................................................6 Section 2.9 Payments to the Nominee ..............................................................................................6 Section 2.10 Initial Depository and Nominee ....................................................................................7

ARTICLE III
APPLICATION OF PROCEEDS OF 2023 BONDS
Section 3.1 Creation of Funds and Application of Proceeds of Sale of 2023 Bonds .......................7 Section 3.2 Improvement Fund ........................................................................................................7 Section 3.3 Rebate Fund...................................................................................................................8

ARTICLE IV
REDEMPTION OF 2023 BONDS
Section 4.1 Redemption of 2023 Bonds .........................................................................................10 Section 4.2 Selection of Bonds for Redemption.............................................................................11 Section 4.3 Notice of Redemption..................................................................................................11 Section 4.4 Partial Redemption of 2023 Bonds..............................................................................12 Section 4.5 Effect of Notice and Availability of Redemption Money ...........................................12

ARTICLE V

AMENDMENTS TO ORIGINAL FISCAL AGENT AGREEMENT
Section 5.1 Amendment to Section 2.03(A)(ii) of the Original Fiscal Agent Agreement .............13 Section 5.2 Amendment to Section 5.15 of the Original Fiscal Agent Agreement........................13

ARTICLE VI

MISCELLANEOUS
Section 6.1 Provisions of Fiscal Agent Agreement in Effect .........................................................15 Section 6.2 Partial Invalidity ..........................................................................................................15 Section 6.3 Execution in Counterparts ...........................................................................................15 Section 6.4 Governing Law ............................................................................................................16 Item Number: 5.

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FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT
THIS FIRST SUPPLEMENT TO FISCAL AGENT AGREEMENT dated as of December 1, 2023 (the “First Supplement”), governs the terms of the City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Bonds, Series 2023, which are being issued as Additional Bonds in accordance with the Fiscal Agent Agreement (the “Original Fiscal Agent Agreement”) dated as of February 1, 2020, by and between the City of Desert Hot Springs (the “City”) and Wilmington Trust, National Association (“Fiscal Agent”), as fiscal agent. The Original Fiscal Agent Agreement and this First Supplement are hereinafter collectively referred to as the “Fiscal Agent Agreement.”
R E C I T A L S :

WHEREAS, the City Council of the City (hereinafter sometimes referred to as the “legislative body of the District”), has heretofore undertaken proceedings and declared the necessity to issue bonds for City of Desert Hot Springs Community Facilities District No. 2006-1 (the “District”) and Improvement Area 1 therein pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5, of the Government Code of the State of California (the “Act”); and WHEREAS, based upon Resolution Nos. Nos. 2007-13, 2007-14 and 2007-15 adopted by the legislative body of the District on January 16, 2007 and an election held on January 16, 2007 authorizing the levy of a special tax and the issuance of bonds for the District and Improvement Area 1, the City is now authorized to issue bonds in an aggregate principal amount not to exceed $8,000,000 for Improvement Area 1; and
WHEREAS, on November 19, 2008, the District issued its $2,080,000 City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Bonds, Series 2008A (the “2008 Bonds”) to finance certain facilities benefitting the District; and WHEREAS, on August 17, 2010, the District issued its $2,285,000 City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Refunding Bonds, Series 2010 (the “2010 Bonds”) to refund the outstanding 2008 Bonds and to finance additional facilities benefitting the District; and
WHEREAS, pursuant to the Original Fiscal Agent Agreement, the City previously issued its $1,995,205.57 City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Refunding Bonds, Series 2020 (the “2020 Bonds”) in the aggregate principal amount of $1,995,205.57 to refund the outstanding 2010 Bonds; and WHEREAS, the legislative body of the District intends to finance additional public improvements through the issuance of bonds in an aggregate principal amount of $__________ designated as the “City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Bonds, Series 2023” (the “2023 Bonds”); and WHEREAS, pursuant to Section 8.01 of the Original Fiscal Agent Agreement, the City desires to amend the Original Fiscal Agent Agreement as set forth herein in connection with the issuance of the 2023 Bonds; and
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WHEREAS, the City has determined all requirements of the Act for the issuance of the 2023 Bonds as Additional Bonds under the terms of the Original Fiscal Agent Agreement have been satisfied;
NOW, THEREFORE, in order to establish the terms and conditions upon and subject to which the 2023 Bonds are to be issued, and in consideration of the premises and of the mutual covenants contained herein and of the purchase and acceptance of the 2023 Bonds by the Owners thereof, and for other valuable consideration, the receipt of which is hereby acknowledged, the City does hereby covenant and agree, for the benefit of the Owners of the 2020 Bonds, the 2023 Bonds and any Additional Bonds (as defined in the Original Fiscal Agent Agreement) which may be issued hereunder from time to time, as follows:

ARTICLE I

DEFINITIONS
Section 1.1 Definitions. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Original Fiscal Agent Agreement. The following definitions are added to or, if set forth in Section 1.01 of the Fiscal Agent Agreement, are revised to mean the following with respect to the 2023 Bonds:
“Authorized Representative of the City” means the Mayor, City Manager, the Administrative Services Director, or City Clerk of the City, or any other officer or employee authorized by the City Council of the City or by an Authorized Representative of the City to undertake the action referenced in this Agreement as required to be undertaken by an Authorized Representative of the City. “Closing Date” means, with respect to the 2023 Bonds, December __, 2023. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate dated as of December 1, 2023, executed and delivered by the City together with any amendments thereto.
“Depository” means The Depository Trust Company, New York, New York, and its successors and assigns as securities depository for the Bonds, or any other securities depository acting as Depository under Article II hereof.
“Improvement Fund” means the fund by that name established pursuant to Section 3.1(a) hereof.
“Independent Financial Consultant” means a financial consultant or firm of such consultants generally recognized to be well qualified in the financial consulting field, appointed and paid by the City, who, or each of whom: (1) is in fact independent and not under the domination of the City; (2) does not have any substantial interest, direct or indirect, in the District or the City; and (3) is not connected with the District or the City as a member, officer or employee of the District or the City, but who may be regularly retained to make annual or other reports to the District or the City. “Interest Payment Date” means, with respect to the 2023 Bonds, each March 1 and September 1, commencing March 1, 2024.

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“Nominee” means the nominee of the Depository, which may be the Depository, as determined from time to time pursuant to Section 2.6 hereof. “Participants” means those broker-dealers, banks and other financial institutions from time to time for which the Depository holds 2023 Bonds or Additional Bonds as securities depository. “Participating Underwriter” means Stifel, Nicolaus & Company, Incorporated with respect to the 2023 Bonds.
“Person” means natural persons, firms, corporations, partnerships, associations, trusts, public bodies and other entities.
“Record Date” means the fifteenth day of the month preceding an Interest Payment Date, regardless of whether such day is a Business Day.
“Representation Letter” means the Blanket Letter of Representations from the City to the Depository as described in Section 2.7 hereof.
“Reserve Requirement” means, with respect to the 2023 Bonds, the amount as of any date of calculation that is equal to the sum of the least of (i) 10% of the initial principal amount of the 2023 Bonds, (ii) Maximum Annual Debt Service on the then Outstanding 2023 Bonds, or (iii) 125% of average Annual Debt Service on the then Outstanding 2023 Bonds; provided, however, that the Reserve Requirement shall not exceed $________, the Reserve Requirement calculated at the time of delivery of the 2023 Bonds.
“Tax Certificate” means the certificate by that name to be executed by the City on the Closing Date to establish certain facts and expectations and which contains certain covenants relevant to compliance with the Code with respect to the 2023 Bonds. “Term Bonds” means, with respect to the 2023 Bonds, the 2023 Bonds maturing on September 1, 20__ and on September 1, 20__.
“2023 Reserve Account” means the account by that name established in the Reserve Fund pursuant to Section 3.1(a) hereof.

ARTICLE II

GENERAL AUTHORIZATION AND BOND TERMS
Section 2.1 Amount, Issuance, Purpose and Nature of 2023 Bonds. Under and pursuant to this First Supplement, the 2023 Bonds in the aggregate principal amount of $________ shall be issued as Additional Bonds governed by the terms of the Original Fiscal Agent Agreement, as supplemented by this First Supplement, for the purpose of financing additional public facilities benefiting the District, funding a deposit to the 2023 Reserve Account of the Reserve Fund and paying the costs of issuance of the 2023 Bonds.

Section 2.2 Description of Bonds; Interest Rates. The 2023 Bonds shall be issued in fully registered form in denominations of $5,000 or any integral multiple thereof within a single maturity. The 2023 Bonds shall be numbered as determined by the Fiscal Agent.

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The 2023 Bonds shall be designated “CITY OF DESERT HOT SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2006-1 IMPROVEMENT AREA 1 SPECIAL TAX BONDS, SERIES 2023.” The 2023 Bonds shall be dated as of the Closing Date and shall mature and be payable on September 1 in the years and in the aggregate principal amounts and shall be subject to and shall bear interest at the rates set forth in the table below payable on March 1, 2024 and each Interest Payment Date thereafter:

Maturity Date
(September 1) Principal Amount Interest Rate
Interest shall be payable on each 2023 Bond from the date established in accordance with Section 2.3 below on each Interest Payment Date thereafter until the principal sum of such 2023 Bond has been paid; provided, however, that if at the maturity date of any 2023 Bond (or if the same is redeemable and shall be duly called for redemption, then at the date fixed for redemption) funds are available for the payment or redemption thereof in full, in accordance with the terms of the Fiscal Agent Agreement, such 2023 Bonds shall then cease to bear interest. Interest due on the 2023 Bonds shall be calculated on the basis of a 360-day year comprised of twelve 30-day months.

Section 2.3 Place and Form of Payment. The 2023 Bonds shall be payable both as to principal and interest, and as to any premiums upon the redemption thereof, in lawful money of the United States of America. The principal of the Bonds and any premiums due upon the redemption thereof shall be payable upon presentation and surrender thereof at the Principal Office of the Fiscal Agent, or at the designated office of any successor Fiscal Agent. If the Nominee of the 2023 Bonds is registered to Cede & Co., payment of principal and any premiums shall be made without presentment. Interest on any 2023 Bond shall be payable from the Interest Payment Date next preceding the date of authentication of such 2023 Bond, unless: (i) such date of authentication is an Interest Payment Date, in which event interest shall be payable from such date of authentication; (ii) the date of authentication is after a Record Date but prior to the immediately succeeding Interest Item Number: 5.

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Payment Date, in which event interest shall be payable from the Interest Payment Date immediately succeeding the date of authentication; or (iii) the date of authentication is prior to the close of business on the first Record Date occurring after the issuance of such 2023 Bond, in which event interest shall be payable from the dated date of such 2023 Bond; provided, however, that if at the time of authentication of such 2023 Bond, interest is in default, interest on such 2023 Bond shall be payable from the last Interest Payment Date to which the interest has been paid or made available for payment or, if no interest has been paid or made available for payment on such 2023 Bond, interest on such 2023 Bond shall be payable from its dated date. Interest on any 2023 Bond shall be paid to the person whose name shall appear in the Bond Register as the Owner of such 2023 Bond as of the close of business on the Record Date. Such interest shall be paid by check of the Fiscal Agent mailed by first class mail, postage prepaid, to such Owner at his or her address as it appears on the Bond Register. In addition, upon a request in writing received by the Fiscal Agent on or before the applicable Record Date from an Owner of $1,000,000 or more in principal amount of the 2023 Bonds, payment shall be made on the Interest Payment Date by wire transfer in immediately available funds to an account within the United States of America designated by such Owner.

Section 2.4 Form of 2023 Bonds; Execution and Authentication. The 2023 Bonds and the certificate of authentication shall be substantially in the form attached hereto as Exhibit A, which forms are hereby approved and adopted as the forms of such 2023 Bonds and of the certificate of authentication.

Only the 2023 Bonds bearing thereon such certificate of authentication in the form set forth in Exhibit A attached hereto shall be entitled to any right or benefit under the Fiscal Agent Agreement, and no 2023 Bond shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the Fiscal Agent.

Section 2.5 Conditions to Issuance of 2023 Bonds. The 2023 Bonds shall not be issued unless and until the conditions for the issuance of the 2023 Bonds as Additional Bonds pursuant to

2.13 of the Original Fiscal Agent Agreement shall have been satisfied.

Section 2.6 Book-Entry System. The 2023 Bonds shall be initially delivered in the form of a separate single fully registered 2023 Bond (which may be typewritten) for each maturity of the 2023 Bonds. Upon initial delivery, the ownership of each such 2023 Bond shall be registered in the registration books kept by the Fiscal Agent in the name of the Nominee as nominee of the Depository. Except as provided in Section 2.7 hereof, all of the Outstanding 2023 Bonds shall be registered in the registration books kept by the Fiscal Agent in the name of the Nominee. At the election of the City, subject to the provisions of Section 2.12 of the Original Fiscal Agent Agreement so long as the 2020 Bonds remain outstanding, any Additional Bonds may also be issued as bookentry bonds registered in the name of the Nominee as provided herein, in which case Sections 2.5 through 2.9 hereof shall be applicable to such Additional Bonds.

With respect to 2023 Bonds registered in the registration books kept by the Fiscal Agent in the name of the Nominee, the City and the Fiscal Agent shall have no responsibility or obligation to any such Participant or to any Person on behalf of which such a Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Fiscal Agent shall have no responsibility or obligation with respect to: (i) the accuracy of the records of the Depository, the Nominee, or any Participant with respect to any ownership interest in the 2023 Bonds; (ii) the delivery to any Participant or any other Person, other than an Owner as shown in the registration books kept by the Fiscal Agent, of any notice with respect to the 2023 Bonds, including any notice of Item Number: 5.

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redemption; (iii) the selection by the Depository and its Participants of the beneficial interests in the Bonds to be redeemed in the event that the 2023 Bonds are redeemed in part; or (iv) the payment to any Participant or any other Person, other than an Owner as shown in the registration books kept by the Fiscal Agent, of any amount with respect to principal of, premium, if any, or interest due with respect to the 2023 Bonds. The City and the Fiscal Agent may treat and consider the Person in whose name each 2023 Bond is registered in the registration books kept by the Fiscal Agent as the holder and absolute owner of such 2023 Bond for the purpose of payment of the principal of, premium, if any, and interest on such 2023 Bond, for the purpose of giving notices of redemption and other matters with respect to such 2023 Bond, for the purpose of registering transfers with respect to such 2023 Bond and for all other purposes whatsoever. The Fiscal Agent shall pay all principal of, premium, if any, and interest due on the 2023 Bonds only to or upon the order of the respective Owner, as shown in the registration books kept by the Fiscal Agent, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to satisfy and discharge fully the City’s obligations with respect to payment of the principal, premium, if any, and interest due on the Bonds to the extent of the sum or sums so paid. No Person other than an Owner, as shown in the registration books kept by the Fiscal Agent, shall receive a 2023 Bond evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Agreement.

Upon delivery by the Depository to the Fiscal Agent and the City of written notice to the effect that the Depository has determined to substitute a new nominee in place of the Nominee, and subject to the provisions herein with respect to Record Dates, the word Nominee in this Agreement shall refer to such new nominee of the Depository.

Section 2.7 Representation Letter. In order to qualify the 2023 Bonds and any Additional Bonds which the City elects to register in the name of the Nominee for the Depository’s book-entry system, an Authorized Representative of the City is hereby authorized to execute from time to time and deliver to such Depository the Representation Letter. The execution and delivery of the Representation Letter shall not in any way limit the provisions of Section 2.5 hereof or in any other way impose upon the City or the Fiscal Agent any obligation whatsoever with respect to persons having interests in the 2023 Bonds other than the Owners, as shown on the registration books kept by the Fiscal Agent. The City agrees to take all action necessary to continuously comply with all representations made by it in the Representation Letter. In addition to the execution and delivery of the Representation Letter, the Authorized Representatives of the City are hereby authorized to take any other actions, not inconsistent with the Fiscal Agent Agreement, to qualify the 2023 Bonds for the Depository’s book-entry program.

Section 2.8 Transfers Outside Book-Entry System. In the event that: (i) the Depository determines not to continue to act as securities depository for the 2023 Bonds; or (ii) the City determines that the Depository shall no longer so act, then the City will discontinue the book-entry system with the Depository. If the City fails to identify another qualified securities depository to replace the Depository then the 2023 Bonds so designated shall no longer be restricted to being registered in the registration books kept by the Fiscal Agent in the name of the Nominee, but shall be registered in whatever name or names Persons transferring or exchanging 2023 Bonds shall designate, in accordance with the provisions of Sections 2.06, 2.07 and 2.08 of the Original Fiscal Agent Agreement.

Section 2.9 Payments to the Nominee. Notwithstanding any other provisions of this Agreement to the contrary, so long as any 2023 Bond is registered in the name of the Nominee, all payments with respect to principal, premium, if any, and interest due with respect to such 2023 Bond Item Number: 5.

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and all notices with respect to such 2023 Bond shall be made and given, respectively, as provided in the Representation Letter or as otherwise instructed by the Depository.

Section 2.10 Initial Depository and Nominee. The initial Depository under the Fiscal Agent Agreement with respect to the 2023 Bonds shall be The Depository Trust Company, New York, New York. The initial Nominee shall be Cede & Co., as Nominee of The Depository Trust Company, New York, New York.

ARTICLE III
APPLICATION OF PROCEEDS OF 2023 BONDS
Section 3.1 Creation of Funds and Application of Proceeds of Sale of 2023 Bonds (a) There is hereby established with respect to the 2023 Bonds, the 2023 Reserve Account of the Reserve Fund, the Improvement Fund and the Rebate Fund. Unless otherwise specified herein, any reference in this First Supplement to any of such funds shall be deemed to be a reference to the funds established herein for the 2023 Bonds. (b) The net proceeds of the sale of the 2023 Bonds shall be received by the Fiscal Agent on behalf of the City and deposited and transferred as follows:
(i) $_________ shall be transferred to the Improvement Fund to be applied in accordance with Section 3.2 hereof;
(ii) $__________ shall be transferred to the 2023 Reserve Account of the Reserve Fund to fund the Reserve Requirement with respect to the 2023 Bonds and applied in accordance with Section 4.03 of the Original Fiscal Agent Agreement; and (iii) $_________ shall be transferred to the Costs of Issuance Fund to be applied to pay Costs of Issuance of the 2023 Bonds in accordance with Section 3.04 of the Original Fiscal Agent Agreement.

The Fiscal Agent may, in its discretion, establish a temporary fund or account in its books and records to facilitate such transfers.

Section 3.2 Improvement Fund.
(a) The moneys in the Improvement Fund shall be applied exclusively to pay the Project costs. Amounts for Project costs shall be disbursed by the Fiscal Agent from the Improvement Fund as specified in a Request for Disbursement of Project costs, substantially in the form of Exhibit B-1 attached hereto. A properly executed Request for Disbursement of Project costs must be submitted in connection with each requested disbursement and the Fiscal Agent may rely thereon without investigating the accuracy thereof.
(b) Upon receipt of a Certificate of an Authorized Representative of the City stating that all or a specified portion of the amount remaining in the Improvement Fund is no longer needed to pay Project costs, the Fiscal Agent shall: (i) transfer all or such specified portion, as applicable, of the moneys remaining on deposit in the Improvement Fund to the Bond Fund, to the Costs of Issuance Fund or to the Surplus Account, as directed in such certificate, provided that in Item Number: 5.

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connection with any direction to transfer amounts to the Surplus Account there shall have been delivered to the Fiscal Agent with such certificate an opinion of Bond Counsel to the effect that such transfer to the Surplus Account will not adversely affect the exclusion from gross income for federal income tax purposes of interest on any outstanding Bonds which were issued on a tax exempt basis for federal income tax purposes; and (ii) thereafter, close the Improvement Fund. (c) Moneys in the Improvement Fund shall be invested in Permitted Investments which will by their terms mature, or in the case of an Investment Agreement are available without penalty, as close as practicable to the date the City estimates the moneys represented by the particular investment will be needed for withdrawal from the Improvement Fund. Notwithstanding anything herein to the contrary, amounts in the Improvement Fund three years after the Closing Date for the 2023 Bonds shall be invested by the City only in Permitted Investments the interest on which is excluded from gross income under Section 103 of the Code (other than bonds the interest on which is a tax preference item for purposes of computing the alternative minimum tax of individuals under the Code) or in Permitted Investments at a yield not in excess of the yield on the issue of 2023 Bonds, unless in the opinion of Bond Counsel such restriction is not necessary to prevent interest on the 2023 Bonds from being included in gross income for federal income tax purposes.

Section 3.3 Rebate Fund. All money at any time deposited in the Rebate Account of the Rebate Fund shall be held by the Fiscal Agent in trust, for payment to the United States Treasury.

All amounts on deposit in the Rebate Fund with respect to the 2023 Bonds shall be governed by this Section and the Tax Certificate, unless the City delivers to the Fiscal Agent an opinion of Bond Counsel that the exclusion from gross income for federal income tax purposes of interest payments on the 2023 Bonds will not be adversely affected if such requirements are not satisfied. The Fiscal Agent shall not be responsible for calculating rebatable arbitrage or for the adequacy or correctness or any rebate report or rebate calculations. The Fiscal Agent shall be deemed conclusively to have complied with the provisions of this Fiscal Agent Agreement regarding calculation and payment of the rebatable arbitrage if the Fiscal Agent follows the directions of the City and the Fiscal Agent shall have no independent duty to review such calculations or enforce the compliance with such rebate requirements.
(a) Rebate Account. The following requirements shall be satisfied with respect to each subaccount of the Rebate Account:
(i) Annual Computation. Within 55 days of the end of each Bond Year, the City shall calculate or cause to be calculated the amount of rebatable arbitrage for the 2023 Bonds in accordance with Section 148(f)(2) of the Code and Section 1.148-3 of the Rebate Regulations (taking into account any applicable exceptions with respect to the computation of the rebatable arbitrage described in the Tax Certificate for each issue (e.g., the temporary investments exceptions of Section 148(f)(4)(B) and (C) of the Code), and taking into account whether the election pursuant to Section 148(f)(4)(C)(vii) of the Code (the “1½% Penalty”) has been made), for this purpose treating the last day of the applicable Bond Year as a computation date, within the meaning of Section 1.148-1(b) of the Rebate Regulations (the “Rebatable Arbitrage”). The City shall obtain expert advice as to the amount of the Rebatable Arbitrage to comply with this Section. (ii) Annual Transfer. Within 55 days of the end of each Bond Year for which Rebatable Arbitrage must be calculated as required by the Tax Certificate the City shall transfer to the Fiscal Agent an amount to be deposited in the Rebate Account if and to the extent required, so that the balance in the Rebate Account shall equal the amount of Rebatable Arbitrage so Item Number: 5.

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calculated by or on behalf of the City in accordance with (i) of this Subsection (a)(1) with respect to the 2023 Bonds. In the event that immediately following any transfer required by the previous sentence, or the date on which the City determines that no transfer is required for such Bond Year, the amount then on deposit in the Rebate Account exceeds the amount required to be on deposit therein, the Fiscal Agent shall withdraw the excess from the Rebate Account and then credit the excess to the Administrative Expense Fund.
(iii) Payment to the Treasury. The City shall direct the Fiscal Agent to pay to the United States Treasury out of amounts in the Rebate Account, (X) Not later than 60 days after the end of (A) the fifth Bond Year for the 2023 Bonds, and (B) each applicable fifth Bond Year thereafter, an amount equal to at least 90% of the Rebatable Arbitrage calculated as of the end of such Bond Year for the 2023 Bonds; and (Y) Not later than 60 days after the payment or redemption of all of the 2023 Bonds, an amount equal to 100% of the Rebatable Arbitrage calculated as of the end of such applicable Bond Year, and any income attributable to the Rebatable Arbitrage, computed in accordance with Section 148(f) of the Code.

In the event that, prior to the time of any payment required to be made from the Rebate Account, the amount in the Rebate Account is not sufficient to make such payment when such payment is due, the City shall calculate or cause to be calculated the amount of such deficiency and deposit an amount received from any legally available source equal to such deficiency prior to the time such payment is due. Each payment required to be made pursuant to this Subsection (a)(1) shall be made to the Internal Revenue Service Center, Ogden, Utah 84201 on or before the date on which such payment is due, and shall be accompanied by Internal Revenue Service Form 8038-T, or shall be made in such other manner as provided under the Code. (b) Disposition of Unexpended Funds. Any funds remaining in the accounts of the Rebate Fund after redemption and payment of the 2023 Bonds and after making the payments described in Subsection (a)(1)(iii) may be withdrawn by the City and utilized in any manner by the City.
(c) Survival of Defeasance and Final Payment. Notwithstanding anything in this Section or this Fiscal Agent Agreement to the contrary, the obligation to comply with the requirements of this Section shall survive the defeasance and final payment of the 2023 Bonds with respect to which an account has been created in the Rebate Fund. (d) Amendment Without Consent of Owners. This Section may be deleted or amended in any manner without the consent of the Owners, provided that prior to such event there is delivered to the City an opinion of Bond Counsel to the effect that such deletion or amendment will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the 2023 Bonds.

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ARTICLE IV
REDEMPTION OF 2023 BONDS
Section 4.1 Redemption of 2023 Bonds
(a) Optional Redemption. The 2023 Bonds may be redeemed, at the option of the City, from any source of funds, other than Special Tax prepayments, on any Interest Payment Date on or after September 1, 20__, in whole, or in part (in such amounts and maturities as may be designated by the City, with the particular 2023 Bonds of such maturities to be selected by the Fiscal Agent by lot), at the following redemption prices expressed as a percentage of the principal amount to be redeemed, together with accrued interest to the date of redemption:

Redemption Dates Redemption Prices
%
(b) Mandatory Sinking Fund Redemption. The Term Bonds maturing on September 1, 20__ shall be called before maturity and redeemed from sinking fund payments on September 1, 20__, and on each September 1 thereafter prior to maturity, in accordance with the schedule of sinking fund payments set forth below. The Term Bonds so called for redemption shall be selected by the Fiscal Agent by lot and shall be redeemed at a redemption price for each redeemed Term Bond equal to the principal amount thereof, plus accrued interest to the redemption date, without premium, as follows:
2023 BONDS MATURING SEPTEMBER 1, 20__
Redemption Dates
(September 1) Principal Amount
$
(maturity)
If the City purchases Term Bonds and delivers them to the Fiscal Agent at least 45 days prior to an applicable redemption date, the principal amount of the Term Bonds so purchased shall be credited to reduce the sinking fund payment due on such redemption date for the applicable maturity of the Term Bonds. All Term Bonds purchased by the City and delivered to the Fiscal Agent pursuant to this subsection shall be cancelled by the Fiscal Agent.

In the event of a partial optional redemption or special mandatory redemption of Term Bonds, each of the remaining sinking fund payments for such Term Bonds, as described above, will be reduced, as nearly as practicable, on a pro rata basis. (c) Special Mandatory Redemption from Prepayments. The 2023 Bonds are subject to redemption as a whole, or in part on a pro rata basis among maturities, on any Interest Payment Date on and after March 1, 2024 from the proceeds of the prepayment of the Special Taxes deposited in the Prepayment Account pursuant to the Fiscal Agent Agreement and amounts Item Number: 5.

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transferred from the 2023 Reserve Account in connection with such Prepayment. Such extraordinary mandatory redemption of the 2023 Bonds shall be at the following redemption prices (expressed as percentages of the principal amount of the 2023 Bonds to be redeemed), together with accrued interest thereon to the date of redemption:

Redemption Dates Redemption Prices
103%
102
101
100
In lieu of redemption under this Section 4.3, moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding 2023 Bonds, upon the filing with the Fiscal Agent of an Officer’s Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer’s Certificate may provide, but in no event may 2023 Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase.

Section 4.2 Selection of Bonds for Redemption. If less than all of the 2023 Bonds Outstanding are to be redeemed, the portion of any 2023 Bond of a denomination of more than $5,000 to be redeemed will be in the principal amount of $5,000 or an integral multiple thereof. In selecting portions of such 2023 Bonds for redemption, the Fiscal Agent will treat such Bonds, as applicable, as representing that number of 2023 Bonds of $5,000 denominations which is obtained by dividing the principal amount of such 2023 Bonds to be redeemed in part by $5,000. The Fiscal Agent will promptly notify the City in writing of the 2023 Bonds, or portions thereof, selected for redemption.

Section 4.3 Notice of Redemption. When 2023 Bonds are due for redemption under Section 4.1 above, the Fiscal Agent shall give notice, in the name of the City, of the redemption of such 2023 Bonds. Such notice of redemption shall: (i) specify the CUSIP numbers (if any), the 2023 Bond numbers and the maturity date or dates of the 2023 Bonds selected for redemption, except that where all of the 2023 Bonds are subject to redemption, or all of the 2023 Bonds of one maturity are to be redeemed, the 2023 Bond numbers of such issue need not be specified; (ii) state the date fixed for redemption and surrender of the 2023 Bonds to be redeemed; (iii) state the redemption price; (iv) state the place or places where the 2023 Bonds are to be redeemed; (v) in the case of 2023 Bonds to be redeemed only in part, state the portion of such 2023 Bond which is to be redeemed; (vi) state the date of issue of the 2023 Bonds as originally issued; (vii) state the rate of interest borne by each 2023 Bond being redeemed; and (viii) state any other descriptive information needed to identify accurately the 2023 Bonds being redeemed as shall be specified by the Fiscal Agent. Such notice shall further state that on the date fixed for redemption, there shall become due and payable on each 2023 Bond, or portion thereof called for redemption, the principal thereof, together with any premium, and interest accrued to the redemption date, and that from and after such date, interest thereon shall cease to accrue and be payable. At least 30 days but no more than 45 days prior to the redemption date, the Fiscal Agent shall mail a copy of such notice of redemption, by first class mail, postage prepaid, to the respective Owners thereof at their addresses appearing on the Bond Register, and to the original purchaser of any 2023 Bonds; provided, however, so long as the 2023 Bonds are registered in the name of the Nominee, such notice shall be given in such manner as complies with the requirements of the Depository. The actual receipt by the Owner of any 2023 Bond of notice of Item Number: 5.

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such redemption shall not be a condition precedent to redemption, and neither the failure to receive nor any defect in such notice shall affect the validity of the proceedings for the redemption of such 2023 Bonds, or the cessation of interest on the redemption date. A certificate by the Fiscal Agent that notice of such redemption has been given as herein provided shall be conclusive as against all parties and the Owner shall not be entitled to show that he or she failed to receive notice of such redemption.

In addition to the foregoing notice, further notice shall be given by the Fiscal Agent as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed.

Each further notice of redemption shall be sent not later than the date that notice of redemption is given to the Owners pursuant to the first paragraph of this Section by first class mail or facsimile to the Depository and to any other registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the 2023 Bonds as determined by the Fiscal Agent and to one or more of the national information services that the Fiscal Agent determines are in the business of disseminating notice of redemption of obligations such as the 2023 Bonds.

Upon the payment of the redemption price of any 2023 Bonds being redeemed, each check or other transfer of funds issued for such purpose shall to the extent practicable bear the CUSIP number identifying, by issue and maturity, the 2023 Bonds being redeemed with the proceeds of such check or other transfer.

With respect to any notice of optional redemption of 2023 Bonds, such notice may state that such redemption shall be conditional upon the receipt by the Fiscal Agent on or prior to the date fixed for such redemption of moneys sufficient to pay the principal of, premium, if any, and interest on such 2023 Bonds to be redeemed and that, if the City determines that such moneys will not be received on the redemption date, said notice shall be of no force and effect and the Fiscal Agent shall not be required to redeem such 2023 Bonds. In the event that such notice of redemption contains such a condition and the City determines that such moneys will not be received, the redemption shall not be made, and the Fiscal Agent shall within a reasonable time thereafter give notice, in the manner in which the notice of redemption was given, that such moneys were not so received.

Section 4.4 Partial Redemption of 2023 Bonds. Upon surrender of any 2023 Bond to be redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the Owner, at the expense of the City, a new 2023 Bond or 2023 Bonds of authorized denominations equal in aggregate principal amount to the unredeemed portion of the 2023 Bonds surrendered, with the same interest rate and the same maturity.

Section 4.5 Effect of Notice and Availability of Redemption Money. Notice of redemption having been duly given, as provided in Section 4.3 hereof, and the amount necessary for the redemption having been made available for that purpose and being available therefor on the date fixed for such redemption:
(a) the 2023 Bonds, or portions thereof, designated for redemption shall, on the date fixed for redemption, become due and payable at the redemption price thereof as provided in the Fiscal Agent Agreement, anything in the Fiscal Agent Agreement or in the 2023 Bonds to the contrary notwithstanding;
Item Number: 5.

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(b) upon presentation and surrender thereof at the office of the Fiscal Agent (except as provided in Section 4.1(b)), the redemption price of such 2023 Bonds shall be paid to the Owners thereof;
(c) as of the redemption date the 2023 Bonds, or portions thereof so designated for redemption shall be deemed to be no longer Outstanding and such 2023 Bonds, or portions thereof, shall cease to bear further interest; and
(d) as of the date fixed for redemption no Owner of any of the 2023 Bonds or portions thereof so designated for redemption shall be entitled to any of the benefits of the Fiscal Agent Agreement, or to any other rights, except with respect to payment of the redemption price and interest accrued to the redemption date from the amounts so made available.

ARTICLE V

AMENDMENTS TO ORIGINAL FISCAL AGENT AGREEMENT
Section 5.1 Amendment to Section 2.03(A)(ii) of the Original Fiscal Agent Agreement. Section 2.03(A)(ii) of the Original Fiscal Agent Agreement is hereby amended to add the following as the last paragraph thereof:
“Prepayments of the Special Tax by property owners will be allocated to the payment at maturity and redemption of Bonds as nearly as practicable on a proportionate basis based on the outstanding principal amount of the Bonds of each Series and such amounts shall be applied to redeem Bonds as nearly as practicable on a pro rata basis among maturities in increments of $5,000; provided, however, that, for Prepayments of less than $50,000, the City may specify in an Officer’s Certificate that Prepayments be applied to one or more maturities of the Bonds so long as there is delivered to the Fiscal Agent a certificate of the Independent Financial Consultant that, following such application of the Prepayments, the maximum Special Taxes that may be levied in each Fiscal Year on taxable property in Improvement Area 1 is not less than 110% of Annual Debt Service in the Bond Year that begins in such Fiscal Year.”
Section 5.2 Amendment to Section 5.15 of the Original Fiscal Agent Agreement.

Section 5.15 of the Original Fiscal Agent Agreement is hereby amended and restated in its entirety to read as follows:
“Additional Bonds. The City may at any time issue Additional Bonds payable from the Special Taxes and secured by the Special Tax Revenues and other amounts pledged to the Outstanding Bonds (other than in the Administrative Expense Account therein) and secured by a lien and charge upon such amounts equal to the lien and charge securing any then Outstanding Bonds; provided, however, that Additional Bonds may only be issued for the purpose of refunding all or a portion of the Bonds or Additional Bonds then Outstanding subject to the following specific conditions, which are hereby made conditions precedent to the issuance of any such Additional Bonds:
(a) The City shall be in compliance with all covenants set forth in this Agreement and any Supplemental Agreement then in effect and a certificate of the City to that effect shall have been filed with the Fiscal Agent; provided, however, that Additional Bonds may be issued notwithstanding that the City is not in compliance with all such covenants so long as immediately Item Number: 5.

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following the issuance of such Additional Bonds the City will be in compliance with all such covenants.
(b) The issuance of such Additional Bonds shall have been duly authorized pursuant to the Act and all applicable laws, and the issuance of such Additional Bonds shall have been provided for by a Supplemental Agreement duly adopted by the City which shall specify the following:
(1) the purpose for which such Additional Bonds are to be issued and the fund or funds into which the proceeds thereof are to be deposited; (2) the authorized principal amount of such Additional Bonds; (3) the date and the maturity date or dates of such Additional Bonds; provided that: (i) each maturity date shall fall on a September 1; (ii) all such Additional Bonds of like maturity shall be identical in all respects, except as to number; (iii) fixed serial maturities or sinking fund payments, or any combination thereof, shall be established to provide for the retirement of all such Additional Bonds on or before their respective maturity dates; and (iv) the maturity of such Additional Bonds shall not exceed the maturity of the Bonds being refunded; (4) the description of the Additional Bonds, the place of payment thereof and the procedure for execution and authentication;
(5) the denominations and method of numbering of such Additional Bonds;
(6) the amount and due date of each mandatory sinking fund payment, if any, for such Additional Bonds;
(7) the amount, if any, to be deposited from the proceeds of such Additional Bonds in a Reserve Account of the Reserve Fund; (8) the form of such Additional Bonds; and
(9) such other provisions as are necessary or appropriate and not inconsistent with this Agreement.
(c) The City shall have received the following documents or money or securities, all of such documents dated or certified, as the case may be, as of the date of delivery of such Additional Bonds by the Fiscal Agent (unless the Fiscal Agent shall be directed by the City to accept any of such documents bearing a prior date):
(1) a certified resolution of the City Council, acting as the legislative body of the City, authorizing the issuance of such Additional Bonds; (2) a written request of the City as to the delivery of such Additional Bonds;
(3) an opinion of Bond Counsel and/or general counsel to the City to the effect that: (i) the City has the right and power under the Act to execute and deliver the Supplemental Item Number: 5.

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Agreement relating to such Additional Bonds, and such Supplemental Agreement has been duly and lawfully executed by the City, and this Agreement and such Supplemental Agreement are in full force and effect and are valid and binding upon the City and enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors’ rights); (ii) this Agreement creates the valid pledge which it purports to create of the Special Tax Revenues and other amounts as provided in this Agreement, subject to the application thereof to the purposes and on the conditions permitted by this Agreement; and (iii) such Additional Bonds are valid and binding limited obligations of the City, enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors’ rights) and the terms of this Agreement and the Supplemental Agreement executed and delivered in connection with such Additional Bonds and are entitled to the benefits of this Agreement and such Supplemental Agreement, and such Additional Bonds have been duly and validly authorized and issued in accordance with the Act (or other applicable laws) and this Agreement and such Supplemental Agreement;
(4) a certificate of the City containing such statements as may be reasonably necessary to show compliance with the requirements of this Agreement; (5) a certificate of an Independent Financial Consultant certifying that in each Bond Year the Annual Debt Service on the Bonds and Additional Bonds to remain Outstanding following the issuance of the Additional Bonds proposed to be issued is less than the Annual Debt Service on the Bonds and Additional Bonds Outstanding prior to the issuance of such Additional Bonds; and
(6) such further documents, money and securities as are required by the provisions of this Agreement and the Supplemental Agreement providing for the issuance of such Additional Bonds.

ARTICLE VI

MISCELLANEOUS
Section 6.1 Provisions of Fiscal Agent Agreement in Effect. Except as expressly modified herein, all of the provisions of the Original Fiscal Agent Agreement shall remain in full force and effect.

Section 6.2 Partial Invalidity. If any section, paragraph, sentence, clause or phrase of this First Supplement shall for any reason be held illegal, invalid or unenforceable, such holding shall not affect the validity of the remaining portions of this First Supplement. The City hereby declares that it would have entered into this First Supplement and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issuance of the 2023 Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this First Supplement may be held illegal, invalid or unenforceable.

Section 6.3 Execution in Counterparts. This First Supplement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

Item Number: 5.

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Section 6.4 Governing Law. This First Supplement shall be construed and governed in accordance with the laws of the State of California applicable to contracts made and performed in such state.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
Item Number: 5.

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IN WITNESS WHEREOF, the City and the Fiscal Agent have executed this First Supplement, effective the date first written above.

CITY OF DESERT HOT SPRINGS
By:

City Manager
ATTEST:

City Clerk of the City of Desert Hot Springs
The terms of this First Supplement relating to the Fiscal Agent are accepted by Wilmington Trust, National Association, as Fiscal Agent.

WILMINGTON TRUST, NATIONAL
ASSOCIATION, as Fiscal Agent
By:

Authorized Officer
Item Number: 5.

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EXHIBIT A
FORM OF SERIES 2023 SPECIAL TAX BOND
R-__ $_________________

UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED

REPRESENTATIVE OF THE DEPOSITORY (AS DEFINED IN THE FISCAL

AGENT AGREEMENT IDENTIFIED HEREIN) TO THE FISCAL AGENT FOR

REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY
BOND ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN

SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED

REPRESENTATIVE OF THE DEPOSITORY (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN

AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY), ANY

TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR

OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST
HEREIN.

UNITED STATES OF AMERICA

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF DESERT HOT SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2006-1
IMPROVEMENT AREA 1 SPECIAL TAX BONDS, SERIES 2023
INTEREST RATE: MATURITY DATE: DATED DATE: CUSIP:
____% September 1, 20__ December__, 2023 ___
REGISTERED OWNER: CEDE & CO.

PRINCIPAL AMOUNT:

AND NO/100 DOLLARS
The City of Desert Hot Springs (the “City”) for and on behalf of the City of Desert Hot Springs Community Facilities District No. 2006-1 (the “District”), for value received, hereby promises to pay solely from the Special Tax Revenues (as hereinafter defined) to be collected in Improvement Area 1 or amounts in certain funds and accounts held under the Agreement (as hereinafter defined), to the Registered Owner named above, or registered assigns (the “Owner”), on the Maturity Date set forth above, unless redeemed prior thereto as hereinafter provided, the Principal Amount set forth above, and to pay interest on such principal amount from the Dated Date shown above, or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2024 (the “Interest Payment Dates”), at the Interest Rate set forth above, until the principal Item Number: 5.

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amount hereof is paid or made available for payment. The principal of this Bond is payable to the Owner hereof in lawful money of the United States of America by Wilmington Trust, National Association in Costa Mesa, California, as fiscal agent (the “Fiscal Agent”). Principal and interest on this Bond shall be paid by check of the Fiscal Agent mailed by first class mail on each Interest Payment Date to the Owner hereof as of the close of business on the 15th day of the month preceding the month in which the Interest Payment Date occurs whether or not such day is a Business Day (the “Record Date”) at such Owner’s address as it appears on the registration books maintained by the Fiscal Agent, or by wire transfer made on such Interest Payment Date upon written instructions delivered to the Fiscal Agent by the applicable Record Date of the Owner of the 2023 Bonds.

This Bond is one of a duly authorized issue of “City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Bonds, Series 2023” (the “2023 Bonds”) issued in the aggregate principal amount of $____________pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Sections 53311, et seq., of the California Government Code (the “Act”) for the purpose of (i) financing certain public facilities, (ii) funding a reserve account and (iii) paying certain costs related to the issuance of the 2023 Bonds. The issuance of the 2023 Bonds and the terms and conditions thereof are provided for by a resolution adopted by the City Council of City of Desert Hot Springs, acting in its capacity as the legislative body of the District (the “Legislative Body”) on November 7, 2023 (the “Resolution of Issuance”), and a Fiscal Agent Agreement dated as of February 1, 2020 (the “Original Fiscal Agent Agreement”), as supplemented by the First Supplement to Fiscal Agent Agreement dated as of December 1, 2023 (the “First Supplement” and together with the Original Fiscal Agent Agreement, the “Fiscal Agent Agreement”), each by and between the City and the Fiscal Agent, executed in connection therewith, and this reference incorporates the Fiscal Agent Agreement herein; and by acceptance hereof the Registered Owner of this Bond assents to said terms and conditions. The Resolution and the Fiscal Agent Agreement are adopted under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California.

Pursuant to the Act, the Agreement and the Resolution, the principal of and interest on this Bond are payable solely from Special Tax Revenues and the amounts in certain funds held under the Agreement. “Special Tax Revenues” means the proceeds of the special taxes (“Special Taxes”) levied under the Act in Improvement Area 1 that are received by the City, including all scheduled payments and delinquent payments thereof, interest and penalties thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the special taxes. The 2023 Bonds are payable from the Special Tax Revenues on parity with the outstanding City of Desert Hot Springs Community Facilities District No. 2006-1 Improvement Area 1 Special Tax Refunding Bonds, Series 2020 and any Additional Bonds which may be issued. The City has covenanted for the benefit of the owners of the Bonds that under certain circumstances described in the Fiscal Agent Agreement it will commence and diligently pursue to completion appropriate foreclosure proceedings in the event of delinquencies of Special Tax installments levied for payment of principal and interest on the Bonds.

The 2023 Bonds may be redeemed, at the option of the City, from any source of funds, other than Special Tax prepayments, on any Interest Payment Date on or after September 1, 20__, in whole, or in part (in such amounts and maturities as may be designated by the City, with the particular 2023 Bonds of such maturities to be selected by the Fiscal Agent by lot), at the following redemption prices expressed as a percentage of the principal amount to be redeemed, together with accrued interest to the date of redemption:

Item Number: 5.

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