o The acquisition of the subject property at the intersection of Fairway and Eldorado was originally intended to gain control of what should or would be developed on that site.
o Before the purchase, several options were “on the table” with no final pre- purchase decisions locked in.
o After extensive public discourse and debate, it has become apparent that this not an appropriate location for a park of any type, dog, passive or otherwise.
For the next 12 months the City will reevaluate what development would be best for this location being guided by public sentiment and market conditions. While the re-evaluation is under way, the City will do no more to the property than install irrigation and pant grass.
o No improvements of significant value will be made to the property that will eventually just need to be demolished.
Fully disclose that even without the financial support from Desert Recreation for acquisition and improvement of this property, it will become a fully paid for wholly owned asset of the City with no negative financial impact. Propose and seek public support for the construction of a “Dog Park” behind the Indian Wells Public Gardens in all or part of the City’s wholly owned 1 acre service yard.
o The Desert Recreation money that was committed to the Fairway & Eldorado park can be redirected to the new location.
Following is a list of PROS & CONS for the proposed new dog park location.. The PROS win hands down!
PROS LOCATION CONS
• Perfect
space for a
dog park on
approx. 1
acre of City
owned land.
• No
additional
property
acquisition
costs
required.
• Central
location.
• Good
parking
available.
• Easily
accessible
• New
space
needed
for
service
yard.
by golf cart,
bike or on
foot.
• No
residences
close by
that may be
sensitive to
noise and
parking
issues.
• Can coexist
with
planned
solar
installation
by using
elevated
solar panels
similar to
examples
shown
below.
• Elevated
solar
installation
would serve
as shade
covers for
the park.
• Another
solar option
could be to
install
shade
providing
solar
structures
over the
parking
areas
adjacent to
the
proposed
dog park,
City Hall
and the fire
station.
Solar Panels will double as Shade Structures
• A service
yard can go
anywhere, a
dog park
cannot.
• Recreation
district
partnership
investment
is
transferable
from the
Eldorado &
Fairway
location.
• Overlay the
dog park
design
elements
from the
Eldorado
and Fairway
proposed
Dog Park
for this
location.
• This project
should cost
half of what
it would
have cost to
build a dog
park at
Eldorado &
Fairway
location as
the City
already
owns the
land!
Unfortunately I will not be able to attend the “Passive Park” meeting on Tuesday. I sincerely hope the City will give serious consideration to this guidance from the Residents.
Respectfully,
Larry “Bear” Bonafide
Mobile / Text: 510-918-2327
46-340 Manitou Drive
Indian Wells, CA 92210
From:
Sent: Monday, March 21, 2022 8:55 AM
To: 'Dana Reed' ; 'Donna Griffith'
; 'Greg Sanders' ; 'Kimberly
Muzik' ; 'Richard Balocco'
Cc: [email protected]; 'Jon Berg' ;
[email protected]; [email protected]
Subject: Indian Wells pivots on dog park !
Good Morning Honorable Mayor and Members of the City Council;
I hope this month’s long “Dog Park” controversy was finally punctuated at the last City Council meeting! I shouldn’t have been surprised that not 2 hours later the Desert Sun rubbed salt in the fresh wound! (article below) I am sure the unproductive finger pointing will run it’s course posthaste. To speed up the process, I have a concept for your consideration.
I recently saw a young man picking lemons from my neighbors tree and it occurred to me this is a perfect time for the City Council to harvest some low hanging lemons and make a refreshing lemonade out of the sour “Dog Park” lemon! How about a two for the price of one park deal?
Park # 1 at Eldorado and Fairway- Develop the property to look similar the passive parks located at Cook and 111 intersection.
Park #2 ~ Build a real deal “Dog Park” to be located on the 1 acer of property adjacent to the Fire Station and City Hall. (service yard)
I submit getting the word out to the residents ASAP that these options are being considered is the appropriate tactic and will go a long way to restoring trust. This strategy also enables both park concepts to be covered in the same communications and meetings. I see this as a win win for all parties, and who doesn’t like winning?
I have provided a list of PROS & CONS below and as you will see; the PROS win hands down!
Respectfully, show the doubters that government can run for something other than reelection and chew gum at the same time!
Sherry Barkas Palm Springs Desert Sun 3.17.22
Indian Wells pivots on dog park after residents say they don't want one at designated site. Here's what's next
https://www.desertsun.com/story/news/local/indian-wells/2022/03/17/indian-wells- pivots-dog-park-after-residents-say-its-not-wanted/7085549001/
Indian Wells residents have spoken: They do not want a dog park on northwest corner of Eldorado and Fairway drives.
Council members and city staff said on Thursday they heard what residents were saying and would move toward a passive park at that location, which means a landscaped and maintained area neighborhood residents could walk to, visit with others and relax.
“The City Council is listening to what the people in that area are saying … and pivoting,” Mayor Pro Tem Donna Griffith said.
Whatever is built – it will be the city’s first community park.
About 110 people attended three community meetings the city and Desert Recreation District held last month to get resident input on the proposed dog park, including what amenities they might like.
“There was very little community support for a dog park, with more community support of a passive park use,” City Manager Chris Freeland told council members Thursday.
Attendees were asked to complete surveys, checking boxes for amenities they would like to have included in the park.
Most were neutral for shade structures, benches and public art, he said.
“The summary showed an overwhelming response for no parking, no fencing, no exercise equipment,” Freeland said.
Residents also asked for more opportunities for engagement to be a part of the design process, he said.
Indian Wells purchased the land in November in partnership with Desert Recreation District. Total cost for park development is not to exceed $2 million, which includes the land purchase. Desert Recreation District is sharing half the cost, up to $1 million.
Anything over $2 million, the city will cover, Freeland said.
Desert Recreation District also will take care of future maintenance once a park is built.
For its share of the cost, the city is using more than $180,000 in park grants and about $800,000 from in-lieu fees that are generated from new developments, Freeland said Park plans not communicated well.
While no one opposed the proposed park when approved by the council in November, some residents spoke out against it at the Feb. 17 council meeting and turned in a petition with nearly 200 signatures, then also participated in the three community meetings.
Residents said the area, which totals just over a half-acre, is not big enough for a dog park, and cited concerns for public safety, noise and lighting, and said there wasn’t enough room to include a parking lot and other amenities.
They also said the land was too close to homes where dog parks in neighboring cities are in spacious community parks with other amenities and ample room for parking.
Many also said they felt the city hadn’t been transparent in deciding to build a dog park and they found out after the land was already bought.
“I feel really hurt and insulted and I feel disrespected,” 27-year resident Martin Lax told council members Thursday.
While the special November council meeting to purchase the property was properly announced by the city, Lux didn’t hear of the plans for a dog park until much later. “We don’t want it,” Lax said and suggested the city resell the land and find another place for a park.
“I ask the city to void the purchase, unwind it, sell it, perhaps build homes on it … just don’t do anything for the time being and figure it out,” Lax said.
If the city is going to move forward with a park, Lax said an environmental impact report needs to be done.
City Attorney Todd Leishman said it is too early for an environmental study when the city hasn’t outline a definitive project.
Griffith said the city could have done better in communicating with residents its plans to purchase the land and build a dog park at that location.
“Did we miss the mark on communicating? If one single person in the city of Indian Wells didn’t know this was happening and they found out by reading an article in The Desert Sun, did we miss the mark on that? The answer is maybe. Probably,” Griffith said.
The project isn’t something that happened overnight, she said. About 15 months ago, the council told staff to look for some property for open green space parks, based on input from residents during general plan meeting focused on health and wellness, she said.
“They asked for more places to walk and bike. They asked for a lot of things in that health and wellness meeting, and the City Council listened to them and then we moved forward with that,” Griffith said.
Former Councilmember Ty Peabody urged the council to hold off on spending money on a park for at least six months to see what happens with the economy and what’s happening in Ukraine.
Councilmember Richard Balocco and Mayor Dana Reed said they could wait. “I don’t think there’s any hurry to do anything,” Balocco said. “For me, I would suggest you land bank it for now.”
Mayor Dana Reed says he lives in the area and has been driving by the land multiple times daily for several years. While he would like to see something done with it, he can wait.
The city has until the end of 2023 to use the grant money received to develop a park.
The council voted 3-2 to move forward with plans for a passive park on the land.
A charrette will be scheduled in April inviting the public to participate with Desert Recreation District in designing a park. The results from that workshop will be brought back to the council for more direction on moving forward with a park.
As always, I
From:Angelica Avila
To:Angelica Avila
Subject:FW: Proposed passive park Indian Wells
Date:Wednesday, March 1, 2023 2:25:14 PM
From:
Sent: Wednesday, March 1, 2023 11:24 AM
To: Chris Freeland
Cc: Donna Griffith ; 'Chris Smith' ;
[email protected]
Subject: RE: Proposed passive park Indian Wells
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Chris,
Chris Smith did receive the latest park proposal, version 5 via FedEx. On quick review the changes that have been made are much appreciated.
We expect to be included when this concept drawing is turned into working drawings with plant material selections included. Limiting the tree size against our south facing wall adjacent to our swimming pool is of critical concern to us. Limiting tree size to 8’ is difficult; we might suggest cat claw acacia for its small size, low water requirements and as a deterrent to climbing over our wall.
Limited mounding height is also appreciated for our privacy.
We would like to meet with Ms. Donna Griffith when we return to California in mid-March. My apologies for my previous typo in testimony addressing the Mayor as Mr.
Thank you for your help on this matter.
Christine Smith
From:
To:City Clerk
Subject:Passive Park
Date:Wednesday, March 1, 2023 8:21:54 AM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments. ________________________________
To whom it may concern-
We support the beautiful park design at Eldorado and Fairway. Please also include a bench as it would help many of our elderly residents to take a break and enjoy the scenery.
Thank you for allowing our voice to be heard.
Dean Michelson and Gale Yuen
From:
To:City Clerk
Subject:park design
Date:Wednesday, March 1, 2023 8:24:07 AM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
I am a resident who lives on Fairway off of El Dorado. I think the photo of the small park looks lovely! Thanks you. Karen Schibler, resident
From:
To:Angelica Avila
Cc:Donna Griffith; Greg Sanders; Ty Peabody; Bruce Whitman; Dana Reed Subject:Item I.1 03/02/23 City Council - Letter re Agenda Item to be provided to City Council Date:Wednesday, March 1, 2023 7:13:51 PM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Dear Madam Mayor and City Council:
As you know I have been very much against the dog park concept at the Eldorado and Fairway as well as the two lot land acquisition at that location for that intended purpose from the very beginning f my learning of it.
The way that this was rushed and decided and the burden and impact it has put on so many residents has not been appropriate and was a mistake to begin with.
The whole concept was started as a dog park, and we are operating with a reaction to that concept at that location.
Take me for instance I was very involved in city decisions twenty years ago and have been uninvolved for the past ten or so years. The concept triggered me to come to City Council and on 02/24/22 I spoke at the first meeting I could when no other resident appeared and warned the city that a dog park at that two lot location was a bad idea. I felt dismissed and disrespected.
We are here now and we must deal with the situation that much I understand.
However, the cloud of that reaction has interfered with looking at options.
I believe that this is the first time that I’ve seen city staff make a proposal to sell the property. That may be something to explore.
If we are to keep the property then I do not think that the city is maximizing the benefit of having the property, considering that DRD will be responsible to maintain it in perpetuity
For instance, one good or bad thought would be, that has not been studied in any detail that I can recall, is to simply put in two tennis courts, which should be in keeping with the neighborhood as there are certain homes that have tennis courts and would maintain the lifestyle image our city has. It’s just an idea to explore.
The acquisition of the two lots at this location for a dog park brought me to City Council where I do not want to be. It caused this 28 year resident to take significant time and energy to share thoughts, facts and feelings while suffering horrendous issues in my or anyone’s life. I am reacting to this situation.
I hope you five neighbors make the right decision that you are entrusted to make.
Public Comment: City Council
GB Item # I.1- Passive Park Development
Maybe the answer is to table the whole project for a year or two to look at this instead of in response to a community opposed to having a dog park in the wrong place.
Thank you.
LAX LAW
The Law Office of Martin Lax - Martin Lax, Esq. - J.D. M.B.A. 74-478 Highway 111, Suite 123 - Palm Desert, California 92260 Telephone: (760) 346-8583 - Facsimile: (760) 346-8583 - E-Mail: [email protected]
March 1, 2023
To: Madame Mayor and City Council Members
From: Michael Pittman and Pamela Strickfaden
Re: Passive Park Proposal
Thank you for the opportunity to provide comment on this park proposal and the recommendation for approval from the planning commission members. Unfortunately, we are unable to attend the meeting, so we are providing written comments.
Between my wife and I, we have attended all the meetings regarding this proposal. At the last meeting, I spoke in favor of the proposal citing several benefits including the fact all great cities, no matter how small, have valued public spaces where neighbors can rest and congregate.
We personally find the intense negative reaction and associated emotion from some individuals disproportionate to the proposal at hand. At the most recent meeting, I thought there were a number of thoughtful comments and I believe those major concerns were addressed by the planning commission.
Those included removing the access from Eldorado Avenue for safety reasons, long term maintenance of the park, pushing the green space closer to Fairway, etc.
I also thought the fears about homelessness at the park were properly addressed by the police officer at hand. To reiterate what he said:
•In the mandated survey of the homeless population required all California cities, Indian Wells reported zero.
•The lack of restrooms does not make this an attractive location for vagrants. •The city has a no camping rule including sleeping in cars. •This location is not conducive to the homeless population based upon it’s distance to stores, etc.
To that end, I find the fear about having a bench or two a bit over the top. If you have a park, wouldn’t one want a bench or two to catch up with neighbors or to simply rest in the heat? Also, I think the concern voiced about parking is a non-issue. Do people honestly believe that numerous people are going to drive and park to visit a small area with limited grass and possibly no drinking fountain? I would hope people would be realistic about all of this.
In conclusion we support the park and while we understand the concern of some of the neighbors, we believe the traffic would not be negatively impacted by the proposal and that it would be an asset to the city.
By the way, we have an empty lot across from our home. I do not know who owns it or if it is for sale but if the city were to purchase it and put in a similar park, we would support it.
Thank you for listening.
Michael Pittman and Pamela Strickfaden
Indian Wells
Public Comment: City Council
GB Item # I.1- Passive Park Development
From:
To:City Clerk
Subject:Passive Park Design
Date:Tuesday, February 28, 2023 6:40:16 PM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments. ________________________________
This looks nice, I just hope the lawn area is real grass NOT that toxic nasty looking artificial turf, which is also very hot. Real grass is refreshing and so much nicer. Google how toxic the plastic fake grass is, it should be banned in all hot sunny areas. Thank you for your attention, Patty Thompson Sent from my iPhone
March 1, 2023
To: Madame Mayor and City Council Members
From: Richard and Donna Peach
Re: Passive Park Proposal
Thank you for the opportunity to provide comment on this park proposal and the recommendation for approval from the planning commission members. Unfortunately, we are unable to attend the meeting, so we are providing written comments.
We applaud the efforts of the planning commission, support the proposed passive park, and strongly believe it will further enhance our beautiful city. We also believe the planning commission has properly and satisfactorily addressed concerns raised over parking and homelessness risks.
From our perspective, creating and protecting green space is essential to the wellbeing and lifestyle of residents within any community. We are highly supportive of such initiatives. As consequence of the COVID- 19 pandemic, there are also more people working remotely who welcome the opportunity to get outdoors and spend some precious time in a community space. In addition, with the increasing societal issues around mental health, we feel that the passive park is a good opportunity for residents to find a place of relaxation within their own community.
In summary, the proposed passive park is the optimum and fair solution to utilizing the currently barren space at the corner of Eldorado and Fairway. Thank you for the opportunity to submit our written support.
Richard and Donna Peach
Indian Wells
Public Comment: City Council
GB Item # I.1- Passive Park
Development
March 2, 2023
To: City Council
From: Rebecca Peterson
Re: Eldorado/Fairway Passive Park
On Thursday, March 2, 2023 you will be asked to review a conceptual design and consider final approval of the passive park to be located at northwest corner of Eldorado and Fairway.
I ask that you put this project on hold.
Park and Parklike Areas are coming: There is discussion of a sidewalk on Fairway. The Southwest Community Church park proposal is in its infancy but presents some attractive ideas. Affordable housing and the attendant community amenities will come into focus in the foreseeable future.
Before development and maintenance dollars are committed to the Fairway/Eldorado corner, let’s make sure this is the best place to spend the money and allocate public safety assets. This was a vacant lot when we all moved here. A little longer as a vacant lot isn’t going to change the world.
SAFETY: The Staff report you have cites one of the keys to a first class park as “visible police presence and safety protocols.” I live in the neighborhood near the proposed park. We have little or no “visible police presence” in my neighborhood.
It will be important to determine/understand what “visible police presence” is and just how that will be accomplished BEFORE moving forward with any park.
Public Comment: City Council
GB Item # I.1- Passive Park
Development
STILL TIME TO GLEEN NEIGHBORHOOD SUPPORT:
You have the opportunity to be the Council that listens to residents and tidies up some of the missteps in the beginning of the project.
The Staff report says “…City Council’s Strategic Planning Session on February 1, 2023. There was additional feedback received by the community, which reaffirmed moving forward”
This statement is, in my opinion, misleading. There are many residents in my neighborhood who remain opposed to the park.
The Community Input Survey generated by the three February and March 2022 consensus workshops did not include a “no park” option.
The Community Input Survey did not breakdown responses based on where participants live in Indian Wells. The wishes of neighborhood residents should be differentiate from the wishes of Indian Wells residents living in other (probably unaffected) neighborhoods.
The May 3, 2022 Passive Park Development Community Meeting began with a vigorous discussion of park/no park. Ultimately attendees were informed that this meeting was not the venue for such discussion but rather a workshop to determine what residents wanted in the park. We could stay or leave but the planning was going forward. A significant number of attendees left the meeting in frustration and/or protest.
The project continued, seemingly full speed ahead, with no apparent acknowledgement of the neighbors opposed to the proje ct.
Please put the Fairway Eldorado park project on hold. Thank you for considering my comments.
From:Angelica Avila
To:Angelica Avila
Subject:FW: SELL THE LAND . .NO PARK AT ELDORADO AND FAIRWAY Date:Thursday, March 2, 2023 8:21:06 AM
From: Sierragirl
Date: March 1, 2023 at 8:41:48 PM PST
To: Donna Griffith , Greg Sanders
, Dana Reed , Ty Peabody
, Bruce Whitman
Cc: Chris Freeland , Kevin McCarthy
, "Bruce Whitman (home)"
Subject: SELL THE LAND . .NO PARK AT ELDORADO AND FAIRWAY
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Mayor and Council: I voiced my opinion to you last year of my preference for a passive park v. dog park, but upon receiving the City's email yesterday with the attached rendering, I now encourage the City to hold the land and sell when the market improves.
Senate Bill 9, as I've read recently, hasn't gained the traction so far as the state hoped, so using that as a reason for establishing a park at that location appears weak, in my opinion.
If it must be a passive park, discerning from the rendering, it's way too busy with plants..maintenance would be overwhelming. It should be a stroll-through park with a few walking paths, taking one through desertscape with shade trees, granite designs... more of an educational viewing park with exhibits of IW's/Coachella Valley history, its once famous inhabitants . .other interesting local facts . .along the order of the Eisenhower Walk of Honor and the Smoke Tree Painter. This would be more interesting than a park virtually consisting of plants--at least this is what I think I'm viewing from your email attachment.
It should not be a park where people will feel they can loiter and hang out for hours. No tables or benches should be allowed--definitely no food. That corner is not only surrounded by beautiful residential areas, but also the legendary Eldorado CC. It should be kept free of food, dog odors, and noise. We don't want to create anything in the City that will stretch our law enforcement presence beyond their present duties--meaning if a park becomes problematic with undesirable activities.
Lastly, the City should know that parking would pose a huge problem for the immediate residential areas. Fairway is congested enough with local traffic, and the walkers and bicyclists need their space and especially need their safety on the road. I think it's paramount for the City to consider the liability that can arise if Public Comment: City Council
GB Item # I.1- Passive Park Development
safety issues are not addressed.
But again, best to let the land lie for now.
Respectfully submitted,
Trish Nelson
IW Homeowner
Indian Wells Passive Park Project
At dais: Presentation
Item I.1
March 2, 2023
FAIRWAY DRIVE
EL
D
O
R
A
D
O
D
R
I
V
E
Passive Park Community Involvement
Discussions of new park space not a unique topic.
1996 General Plan
Current General Plan Update
Strategic Planning Sessions
Affordable Housing Project along Hwy 111
Importance of Community Meetings and Transparency
Brown Act
Emails/Newsletter/Postcard
Design Workshops
Amenities and Passive Park Use
Design Concept No. 1
Design Concept No. 2
Design Concept No. 3
Design Concept #4
Design Concept #5
Design Concept #5
PASSIVE
PARK
Municipal Code Park Requirements
Indian Wells Municipal Code requires that subdivisions with over 50 parcels dedicate 5-acres per 1,000 persons for park use. The Ord. specifics:
3-acres per 1,000 be dedicated as public parks
owned and maintained by the City.
2-acres may be private parks located in subdivisions
owned and maintained by HOA’s
Typical practice in Indian Wells has been to collect Park in Lieu Fees (Quimby Fees).
Provide residents with recreational programs and
services through the Desert Recreation District.
General Plan Goals & Policies
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1 Categorically Exempt from CEQA pursuant to CEQA
Guidelines §15304
Allows minor public or private alterations in the
condition of land, including
New gardening or landscaping, or
Replacement of existing conventional
landscaping with water efficient or fire resistant
landscaping
California Environmental Quality Act
Categorically Exempt from CEQA pursuant to §15303
Allows new construction of small structures
PASSIVE
PARK
- QUESTIONS-
Vicinity Map
Attachment 1
and
AGREEMENT
AGREEMENT BETWEEN THE CITY OF INDIAN WELLS AND THE DESERT
RECREATION DISTRICT FOR COOPERATIVE PARK AND RECREATION
DEVELOPMENT, MAINTENANCE AND PROGRAMMING SERVICES
This Agreement is made and entered into by and between the City of Indian Wells, a municipal corporation, hereinafter referred to as "Ci$r," and the Desert Recreation District, a public recreation and park district, hereinafter referred to as "DRD" or'oDistrict."
RECITALS
WHEREAS, for the past several years, the City and District have worked collaboratively to deliver park and recreation services to the joint residents of the City and District; and WHEREAS, that relationship has included joint planning, sharing facilities, presentation ofjoint events and special interest activities within the City; and WHEREAS, the parties also have discussed jointly developing park spaces within the City; WHEREAS, the City purchased an area within the City for a small park (the "Park") and DRD and the City currently have an opportunity to coordinate its development, maintenance, operation and use; and
WHEREAS, in addition to continuing to other joint projects, the parties also now have determined to work together on such neighborhood park on the terms and conditions set out herein.
NOW, THEREFORE, in consideration oftheirmutual promises and obligations, the parties agree as follows:
1. Recitals. The Recitals set out above are true and correct.
2. Citv Oblieations.
A. Purchase of Property. The City has purchased and has title to the property described in Exhibit "A", attached hereto and incorporated by reference (the "Property").
B. Design of Improvements. The City will work with DRD on the process and schedule to identifu a mutually acceptable design of the Park.
C. Construction. The City will work with DRD during the construction of the Park and provide input as needed and required by this Agreement.
3. DRD Oblieations.
A. Develop the Park. DRD shall work with the City to develop schedules for determination of use, design and construction of the Park. 00082708. I
26s29 .00000\346721 19 .2
ATTACHMENT #2
B. Design. DRD shall be responsible for the process of selecting and contracting for all design services necessary to design the Park, in compliance with all applicable local, state and federal laws. This includes, but is not limited to, scheduling and implementing design workshops, preparing final design, plans, and specifications that will be the basis for the bid and construction ofthe Park, and obtaining all applicable environmental clearances and permits necessary to construct the Park. DRD shall provide City a reasonable opportunity to review and approve all design documents generated for the Park, which will be relied upon by the selected contractor to construct the Park. Upon completion of the Park design, DRD will provide to City an accounting and invoice of the actual design costs for the Park. This shall include any documentso requirements, evidence or information in DRD's possession that City may reasonably request with regard to the design costs, including, but not limited to, final invoices, recordso change order documents, payment invoices, cancelled checks and other necessary documents.
C. Construction. DRD shall be responsible for procuring all construction services necessary to complete the Park. DRD will take any and all actions necessary to manage and complete construction ofthe Park as provided in this Agreement, including, without limitation, preparing contract documents, soliciting and obtaining bids for the construction of the Park, hiring contractors, securing necessary permits and other approvals, construction inspection, construction, and construction management. DRD shall include, in its contract with the contractor, a requirement that the contractor include the City, its officialso officers, employees and agents as additional insureds and indemnify the same parties. Selection of the contractor to construct the Park will be in compliance with all applicable local, state and federal laws including, without limitation, the California Public Contract Code and the California Labor Code. DRD shall obtain the City's input on contract documents and selecting the contractor and the City and DRD shall work together to address issues which arise during the construction process. Change orders shall be approved by both the City and DRD. In the event that before completion of construction of Park, DRD's total Costs as defined below equal or exceed $900,000, DRD may notifu the City to provide funding to complete construction once DRD reaches its Maximum Expenditure. Such funding will be provided by City either as direct payment to contractors or by providing funds to DRD. After DRD reaches its Maximum Expenditure, DRD is under no obligation to advance its own funds to pay for the costs of construction.
4. Mutual Oblieations.
A. Costs. As used herein, "Costs" includes all costs to acquire the Property (due diligence, purchase, realtor, escrow, title insurance and related fees), all costs to design the Park, including, but not limited to, preparation of plans and specifications and all applicable environmental clearances and permits, all costs to construct the Park, including but not limited to, grading, bidding, constructiono construction management, construction inspection, security, purchase of improvements, installation of improvements, any cost of utility services, and plans, fees and costs for permits from the City and other public agencies with jurisdiction of the improvements, unless otherwise waived. "Costs" do not include the cost of any maintenance or operations of the Park upon completion of the Park or any capital costs to repair, replace or add improvements to the Park or the value of any fees that have been waived.
B. Maximum expenditure. The City and DRD will each provide 50Vo of the Costs in an amount not to exceed $1 million per party (the "Maximum Expenditure"). In the event 00082708.1
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the Costs exceed $2 million, the City solely shall be responsible for the Costs that exceed $2 million.
C. Determination of Costs. Within thirty (30) days of acceptance of the Park by the City from DRD, City shall provide DRD with an accounting of all of the City's Costs. DRD shall provide the City with an accounting of all of the design and construction costs and any funds advanced to pay such Costs. The parties will work cooperatively to agree to a final accounting of the Costs, including determining whether or not one party owes the other party payment of funds in accordance with the cost sharing obligations in this Agreement. Any outstanding balance shall be paid by the responsible party within thirty (30) days of the parties agreeing to the final accounting.
D. Resolution of Disputes Regarding Costs. In the event there is a dispute regarding the nature or amount of any Costs, the parties shall work together through the City Manager or designee ("City Manager") and General Manager or designee ("General Manager") to resolve the issues. If the City Manager and General Manager cannot resolve the dispute, either party may request in writing that the dispute be submitted to further dispute resolution procedureso e.g. nonbinding mediationo as may be agreed upon by the parties.
5. Recreational Prosrams and Facilities Use; Fees and Charses.
A. The City retains the right to set Park hours and permitted uses of the Park in coordination with DRD. The City retains the right to request, add, review or approve programming at the Park in coordination with DRD.
B. Except as determined by City, DRD shall provide for recreational programs and services as set out on Exhibit B, to be attached and incorporated upon determination of the type, use and design of the Park as set out above. If applicable, DRD shall handle any facilities rentals using its District facilities rental procedures and forms. All facilities use and program participation forms and waivers shall indemnify and hold harmless the City, its officers, agents and employees from any and all liability. No later than March l5 of each fiscal year, the City shall provide DRD with a list of programs or services for the coming year that it wishes to continue, add, modiff, or delete. DRD thereafter shall coordinate with the City regarding such requests before finalizing programs for the coming fiscal/program year. If during the fiscal or program year the City wishes to add programs, the City Manager shall contact the DRD General Manager and make such request. DRD shall use its best efforts to accommodate such request.
C. In the event any fees are charged at the Park, DRD shall set and retain any and all fees and charges to the public for recreational programs or Park use pursuant to the current DRD Fees and Charges Manual and shall provide coordinate such fees with City as set out below.
Such amounts shall increase annually by the Consumer Price Index as provided by the DRD Fees and Charges Manual. In the event of an unexpected increase in the cost of supplies or materials, such fees may be revised during the fiscal year as allowed by law. Alternatively, DRD may provide City the opportunity to assist with the payment of such costs on a one-time or on-going basis. DRD shall retain all funds collected to be used to support maintenance and operations activities at the Park.
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D. Annually, during its preliminary budget process, DRD may review and revise its fees and charges using the process set out in its Fees and Charges Manual. DRD will notiff the City Manager or designee of any proposed change in fees under this Agreement and shall use its best efforts to obtain City review and ratification prior to adoption of DRD's final budget.
6. Maintenance. Repairs and Capital Improvements
A. DRD shall be responsible at its sole expense for ongoing maintenance and operations of the Park after completion and acceptance of the Park by the City. The parties shall agree upon the scope of such maintenance and operations as soon as the type, use and design of the Park has been agreed upon between them and shall incorporate that scope in a written document attached to this Agreement as Exhibit C and incorporated herein by this reference. Such services shall be reviewed annually at the same time as programs are review and may be modified from time to time by mutual agreement of the parties in writing. The Park shall be operated in accordance with all City and DRD regulations, including, but not limited, to hours of operations and permitted uses. Where those regulations conflict, City regulations shall prevail.
B. DRD will be responsible for capital improvements and replacements at the Park up to a cost of $5,000.
C. City shall be responsible to pay for trash services at the Park under its solid waste franchise agreement. DRD shall be responsible for utilities at the Park, including, but not limited too water, power and internet (to the extent internet is provided).
D. City shall be responsible for the cost of capital improvements and replacements at the Park in excess of $5,000. DRD will plan, coordinate and execute agreed upon capital improvements and replacements to the Park in excess of $5,000 at the City's expense If performed by DRD, DRD shall follow the design and construction obligations of DRD in this Agreement. Notwithstanding the foregoing, the City reserves the right to make such capital improvements itself.
E. Annually in advance of the City's budget process, the parties shall meet and agree upon replacements or capital improvements to the Park for that upcoming fiscal year. If agreed upon, the City thereafter shall budget for such costs.
F. In the event of an emergency, DRD shall take the necessary actions to contain the emergency and the parties then shall meet and confer regarding the responsibility for remediation and extent of insurance coverage.
7. Marketing and Promotional Materials. Both City and/or DRD may include the Park in its marketing or promotional materials without additional consent from the other party.
8. Compliance The services under this Agreement
shall be provided in accordance with applicable local, state, and federal laws and regulations and specifically without discrimination as to protected categories of users.
9. Insurance.
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A. City and DRD mutually represent and acknowledge that both are members of the California Joint Powers Insurance Authority ("JPIA"), a municipal self-insurance pool. The California JPIA provides liability coverage, including general liability and automobile liability, to the City and DRD.
B. If at any point during the term of this Agreement, City or DRD no longer receive liability coverage through the California JPIA, the parties mutually agree to renegotiate the insurance requirements contained herein.
C. City and DRD shall procure and maintain at all times during the term ofthis Agreement, Workers' Compensation (statutory limits) and Employer's Liability insurance in the minimum amount of $1,000,000 per accident or disease. City and DRD agree to waive subrogation against the other party, and shall compel their workers' compensation insurers to do the same.
10. Indemnification.
A. City shall be responsible for all damages to persons or property that occur as a result of City's or its officers, agents, employees, and/or servants fault or negligence in connection with this Agreement. Further, City shall indemnif,, defend, and save harmless DRD, its officers, agents, employees, and servants from all claims, suits, or actions of every nameo kind, description, brought for, or on account of, injuries to or death of any person or damage to property resulting from the fault or negligence of City, its officers, agents, employees, andlor servants in connection with this Agreement.
B. DRD shall be responsible for all damages to persons or property that occur as a result of DRD's or its officerso agents, employees, and/or servants fault or negligence in connection with this Agreement. Further, DRD shall indemnifu, defend, and save harmless City, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or damage to property resulting from the fault or negligence of DRD, its officers, agents, employees, and/or servants in connection with this Agreement.
11. Relationship ofthe Parties. In order to carry out the provisions ofto this Agreement, each party shall hire and supervise personnel in accordance with its own personnel rules and regulations and the specific provisions of this Agreement. This Agreement does not and shall not be deemed to create an employment relationship between the City and DRD employees, DRD and City employees, or a joint venture between the City and DRD.
12. Emersency Contacts. Each party shall provide the other with twenty-four (24) hour emergency contacts and revise such contacts to keep them current.
13. Ownershio. Term and Termination.
A. Ownership. Notwithstanding anything in this Agreement, the City shall be the sole owner of the Property and the Park, including any and all improvements to the Park.
B. Term. The term of this Agreement shall be for twenty (20) years commencing as of the last date of execution of this Agreement by both parties (the "Initial Term"). 00082708.1
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Thereafter, the Agreement shall automatically renew for an additional one (1) year period, in perpetuity, unless either party gives the other pafi at least one year's prior written notice of termination.
C. Termination for Convenience. City may, by written notice to DRD, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to DRD of such termination, and specifuing the effective date thereof, at least sixty (60) consecutive calendar before the effective date of such termination. Upon termination, the City may sell the Property, repurpose the Property, or do as it may with the Property. If the City terminates this Agreement for convenience prior to the expiration ofthe Initial Termo the City shall reimburse DRD for any and all Costs expended by DRD prior to termination on a pro rata basis and DRD shall be entitled to no further compensation. For example purposes only, ifDRD expends $1,000,000 in Costs and the City terminates this Agreement after ten (10) years, the City will reimburse DRD $500,000.
D. Termination for Default: In the event that either party consistently repeatedly defaults in the perforrnance of a material term or condition of this Agreement, prior to any notice of termination, the non-defaulting party shall give notice to the defaulting party as follows.
(a) The representative for the non-defaulting party first orally shall discuss the default with the representative of the other party.
(b) The non-defaulting party shall give notice of the specific default(s) and the proposed cure and shall allow at least 30 calendar days in which to cure or commence a cure. In the event that public health and safety is at risk the period for cure shall be 5 or fewer calendar days.
(c) In the event that the default is not cured or a cure commenced within the time frames in subsection (b), the non-defaulting party may give 45 days' prior written notice of termination ofthe Agreement. In the event that public health and safety is at risk, the notice period shall be 10 calendar days.
14. Amendments. Except as otherwise provided in this Agreement, any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the DRD General Manager or Board of Directors (as applicable) and the City Manager. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. This Agreement constitutes the entire agreement of the parties as to the subject matter hereof, and supersedes any other agreements, whether written or oral.
15. Contact Persons and Notice. All notices or demands of any kind served by either party to this Agreement by the other will be in writing and will be personally delivered or mailed by registered or certified mail, return receipt requested addressed to the representative of each party as set out here:
City Manager
City of Indian Wells
44950 El Dorado Drive
General Manager
Desert Recreation District
45-305 Oasis St.
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Indian Wells, CA92210 Indio, CA9220l
16. Force Majeure. Performance by either party hereunder shall not be deemed to be in default, or considered to be a default, where delays or defaults are due to the force majeure including, without limitation, events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, pandemics, epidemics, quarantine restrictions, freight embargoes or lack of transportation, unusually severe weather- caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier (which are not affributable to the fault of the party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity) or any delay caused by a third party, including, without limitation, independent vendors and suppliers, whose performance is not within the control of the party. Extension of time for any such force majeure cause shall be for the period of the enforced delay and shall commence on the first date of occurrence of the delay. The party seeking to invoke such force majeure provision shall give written notice to the other party within five (5) business days of the date that the force majeure event has occurred, specifying (i) the first date from which the enforced delay commenced and the actual or the expected final date, as applicable, for which an enforced delay extension of time of performance is then being sought, and (ii) a description of the particular circumstances, events, facts or occuffences which have given rise to the force majeure.
17. Litieation Costs. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs in addition to any other relief granted by the court.
18. Intemretation of Agreement. The use of the words "shall" or "must" or similar words within this Agreement is not intended to and does not create a mandatory duty of any kind.
19. Authoritv to Execute Agreement. Both the City and the DRD covenant that each individual executing this Agreement on behalf of each party is a person authorized to do so.
20. Assisnment of Agreement. Neither party may assign or transfer its respective rights or obligations under this Agreement without the express written consent of the other party. Any purported assignment or transfer by one party without the express written consent of the other party shall be null and void and ofno force or effect.
ISIGNATURES ON NEXT PAGEI
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SIGNATURE PAGE FOR AGREEMENT BETWEEN THE CITY OF INDIAN
WELLS AND THE DESERT RECREATION DISTRICT FOR COOPERATIVE
PARK AND RECREATION DEVELOPMENT, MAINTENANCE AND
PROGRAMMING SERVICES
IN WITNESS WHEREOF, the parties have signed this Agreement on the dates set forth below:
January 18,2022
WELLS sMDated:
Christopher Freeland
-1814:13:22 PST
Christopher J. Freeland
City Manager
January 18,2022
Dated:ATTEST
By
by Angelica Avila
-1814.14:30 PST
Avila
City Clerk
January 19,2022
Dated:DESERT TION DISTRICT
D by
19 Kevin Kalman
11:23:45 PSTBy:on
General Manager
APPROVED AS TO FORM:
on 1
1 Dated:January 18,2O22
January 19,2022
Dated
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E-SI@N{!D by Todd Leishman
on 4O22fi1 -1 8 09:28:24 PST
Best, Best & Krieger
Attorney for City of Indian Wells
E-S|.6NE:D by Elizabeth Martyn
on\2028-O1 -19 11 : 1 3:54 PST
E t trab et_ffi tttyn, C o I e Hub er
Attorney for Desert Recreation District
8
EXHIBIT A
Legal Description
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9 Lots 5 and 6 of Tract No. 2056, in the City of Indian Wells, County of Riverside, State of California, As per map recorded in Book 38 ages 95 and 96 of Maps, in the office of the County Recorder of said County.
EXHIBIT B
RECREATIONAL PROGRAMS AT THE PARK
To be provided
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1 10
EXHIBIT C
OPERATION AND MAINTENANCE SERVICES
To be provided
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1l
77-899 WOLF RD.
PH. (760) 777-9131
FAX (760) 777-9132
PALM DESERT, CA
LIC# 2754, EXP 04/30/22
92211
H ERMANN
INDIAN WELLS, CA
D ESIGN G ROUP
SUITE 102
PRELIMINARY CONCEPTINDIAN WELLS PARK - CONCEPT 01
ATTACHMENT #3
77-899 WOLF RD.
PH. (760) 777-9131
FAX (760) 777-9132
PALM DESERT, CA
LIC# 2754, EXP 04/30/22
92211
H ERMANN
INDIAN WELLS, CA
D ESIGN G ROUP
SUITE 102
PRELIMINARY CONCEPTINDIAN WELLS PARK - CONCEPT 02
77-899 WOLF RD.
PH. (760) 777-9131
FAX (760) 777-9132
PALM DESERT, CA
LIC# 2754, EXP 04/30/22
92211
H ERMANN
INDIAN WELLS, CA
D ESIGN G ROUP
SUITE 102
PRELIMINARY CONCEPTINDIAN WELLS PARK - CONCEPT 03
77-899 WOLF RD.
PH. (760) 777-9131
FAX (760) 777-9132
PALM DESERT, CA
LIC# 2754, EXP 04/30/22
92211
H ERMANN
INDIAN WELLS, CA
D ESIGN G ROUP
SUITE 102
PRELIMINARY CONCEPT
INDIAN WELLS PARK- CONCEPT 4
ATTACHMENT #4
ATTACHMENT #5
77-899 WOLF RD.
PH. (760) 777-9131
FAX (760) 777-9132
PALM DESERT, CA
LIC# 2754, EXP 04/30/22
92211
H ERMANN
INDIAN WELLS, CA
D ESIGN G ROUP
SUITE 102
PRELIMINARY CONCEPT
INDIAN WELLS PARK- CONCEPT 5 ATTACHMENT #6