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FIGURE 59 - AT&T COMBINED COVERAGE WITH NEW SITES - OPTION A SITES (BEST OPTION SERVICE) DL
oL ;- -50 0 dsm d
® ,-110 0 lam zoo
Existing site
Existing site in
neighboring city
?t. New site
750
Scale 1 38.886
❑E r RSRP
OL_ r-
OL _
�L ,=-100 0 tlBlrt 27, don 11
Configure
+; Existing site
Existing site in
neighboring city
New site
750 m
Scale 1 38 886
FIGURE 60 - T -MOBILE COMBINED COVERAGE WITH NEW SITES - OPTION A SITES (BEST OPTION SERVICE) 103IPage
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Class 1
;- -90 0 09m ,9% oL
Li Existing site
Existin site In
neighboring city
New site
Scale 1 38.886
FIGURE 61 - VERIZON COMBINED COVERAGE WITH NEW SITES - OPTION A SITES (BEST OPTION SERVICE) 104 1 Page
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FIGURE 63 - AT&T THE RESERVE CLUB COVERAGE WITH NEW SITES- MAP OPTION B
5.2.3 Proposed Coverage per Area
5.2.3.1 The Reserve Club
FIGURE 62 - AT&T THE RESERVE CLUB COVERAGE WITH NEW SITES- MAP OPTION A oL -
OL >_
CL >=-100 0 dBm 2LL
mL >=110..0 tlBm liL
New site
250 T.
Scale 1 12,476
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FIGURE 65 - T -MOBILE THE RESERVE CLUB COVERAGE WITH NEW SITES- MAP OPTION A FIGURE 64 -AT&T THE RESERVE CLUB COVERAGE WITH NEW SITES- MAP OPTION C dL
JIL _ -90 dem 1%
L.;-110 0 0aam19 I1
/41\ New site
250 m
Scale 112.496
❑E Com:is.tl RSRP
0L r= _
CIL >-
L >=-110.0 d0m 10°:
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FIGURE 67 - T -MOBILE THE RESERVE CLUB COVERAGE WITH NEW SITES- MAP OPTION C FIGURE 66- T -MOBILE THE RESERVE CLUB COVERAGE WITH NEW SITES- MAP OPTION B Class
Or.
≥>_
DL >--100.0 da 20
IMIL -110 0 aem 11%
/1+)\ New site
250 a
Scale 112.496
❑E Com:is.tl RSRP
CL r= -so o
CIL >-
OIL >=-110.0 al. 9%
Configure
, New site
250 m
Seale 112_496
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FIGURE 69 - VERIZON THE RESERVE CLUB COVERAGE WITH NEW SITES- MAP OPTION B FIGURE 68 - VERIZON THE RESERVE CLUB COVERAGE WITH NEW SITES- MAP OPTION A Class 1
Or.
>_
OL >--100.0 aem 31,
>--110 0 dam 10%
/6\ New site
250 a
Scale 112.496
❑E Com.V.,l RSRP
CL r= _
CAL >-
SOIL >=-110.0 dBm 10°:
Corfture
➢� New site
250 m
Seale 112_496
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FIGURE 71 - AT&T ELDORADO COUNTRY CLUB COVERAGE WITH NEW SITES FIGURE 70 - VERIZON THE RESERVE CLUB COVERAGE WITH NEW SITES- MAP OPTION C Class 1
or.
OL >_ -90 0 dBm 33%
�L > =110 0 dBm �9%
+➢ New site
250 m
Scale 112.496
5.2.3.2 Eldorado Country Club
Class 1
Or 0 a.oL >- —90 0 dBm 92
L ;--110 8 d.m 13
New site
100 m
Scare 1 7 206
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FIGURE 73 - VERIZON ELDORADO COUNTRY CLUB COVERAGE WITH NEW SITES FIGURE 72 - T -MOBILE ELDORADO COUNTRY CLUB COVERAGE WITH NEW SITES Class
Or.
CL >_ -50 0 den 2%
L,-1100aan 2
fv New site
Scale 1 7 214
❑E Com:is.8l RSRP
CL r- -80 0 81B11 43%
CIL >-
OIL >=-110.0 dBm 42°:
Configure
„,`++, New site
100 Tf.
Scale 1 7 214
110 I Pa g e
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5.2.3.3 SCE Indian Wells Substation
FIGURE 74 - AT&T SCE INDIAN WELLS SUBSTATION COVERAGE WITH NEW SITES - OPTION A Naa-2526 `e
C+j>�
FIGURE 75 - AT&T SCE INDIAN WELLS SUBSTATION COVERAGE WITH NEW SITES - OPTION B legr
V5 iAmv ic7 RSRP
OO Class
ED I. >=-100 0 dBm 4%
>--110.0 dBm 0
Configuro
New site
Selected site•
100 m
Scale 1. e. 495
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FIGURE 77 - T -MOBILE SCE INDIAN WELLS SUBSTATION COVERAGE WITH NEW SITES — OPTION B FIGURE 76 - T -MOBILE SCE INDIAN WELLS SUBSTATION COVERAGE WITH NEW SITES - OPTION A of mmaos.ne asae
Class 1
UL
DL _
UL >--100.0 dBm 10
OIL >--110 0 aem v
New site
Scale 1 6 499
❑E CoCposiOl Rsu
PILLr= _
DL >-
�L >=-110.0 al. O:
)\ New site
Selected site.
Scale 1 6 499
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FIGURE 79 - VERIZON SCE INDIAN WELLS SUBSTATION COVERAGE WITH NEW SITES - OPTION B FIGURE 78 - VERIZON SCE INDIAN WELLS SUBSTATION COVERAGE WITH NEW SITES - OPTION A ComposIte
Re
Class 1
m is
,--100.0 dB. 2%
New site
Selected site*
❑E Comt.8l RSRP
di 4
- -
CIL >-
®L >=-110.0 d0m
Configure
.\ New site
,l+l, Selected site*
1/
100 m
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FIGURE 81 - T -MOBILE VILLAGIO COVERAGE WITH NEW SITES
FIGURE 80 - AT&T VILLAGIO COVERAGE WITH NEW SITES
5.2.3.4 Villagio
Class 1
OL dem a
DL >_ -so o dam S
OILr =11180 0 dBm 10
New site
100 a
Scale 1 6 4J9
I VE Somvtitl RSRP
CLass
Lonliguro
OL
�L >=-110.0 dBm ZS%
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FIGURE 82 - VERIZON VILLAGIO COVERAGE WITH NEW SITES
Class 1
o >_
Ox >--100.0 da 3e
OIL >=110 0 aem si
New site
00 m
Sala 1:6, 499
5.2.3.5 Toscana Country Club
iio o 1%''i
h �''4dMT JKIt�
�. �� "'
- X:,
New site
100 .
FIGURE 83 - AT&T TOSCANA COUNTRY CLUB COVERAGE WITH NEW SITES - OPTION A 115 I Page
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ComposIte sRe
Class 1
--ioo.o a:
—110 0 dam 1%
New site
Scale 1 6 4,9
FIGURE 84 - AT&T TOSCANA COUNTRY CLUB COVERAGE WITH NEW SITES - OPTION B ❑F om:is.8l RSRP
DL ._ -
-90 dB88 Z GL -
®L > >=-110.0 dm
Existing site in
neighboring city
• New site
100 Tf.
Scale 1 6 4,
FIGURE 85 - T -MOBILE TOSCANA COUNTRY CLUB COVERAGE WITH NEW SITES - OPTION A 116 I Pa g e
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FIGURE 86 — T -MOBILE TOSCANA COUNTRY CLUB COVERAGE WITH NEW SITES - OPTION B ®L >--111010 o dBm v.
Existing site in
`>±)/ neighboring city
New site
a,
..F
.__- ,,,
❑E=omt.tl RSRP
IL .- -
CDL ,-
ID: >-
giL ,=-110.0 da 0,
Configure
_. ..S'8_ ,c
''''q'-':, :I,
ti5'-sue•?.
,Bk� 6tisting site In
` g neighboring city
4 New site
scale 1. c.av,
FIGURE 87 - VERIZON TOSCANA COUNTRY CLUB COVERAGE WITH NEW SITES - OPTION A 117 I Page
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FIGURE 89 - AT&T DORADO HORIZON COVERAGE WITH NEW SITES -110.0 B 3z
®r..=11op em o - o aam ,
_> 110 dB],
cam, New site
100 m
Scale 1 276
118 1 Page
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FIGURE 90 - T -MOBILE DORADO HORIZON COVERAGE WITH NEW SITES DL -100.0 dO, 20
fir. >=110 o aem of
New site
100
Scale 1 5-276
cs' d ':1.
ALLA 'ms
❑E SoCposi0l CZIL
r- _
GL >-
'MIL >--110.0 dBm
/ex New site
100 m
Scale 1 5 276
FIGURE 91 - VERIZON DORADO HORIZON COVERAGE WITH NEW SITES 119 I Pa g e
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5.3 Prediction Analysis
The predictions illustrate the cellular coverage in Indian Wells, segmented by technology, carrier and band type. While the coverage images provided in section 0 and 5.2.3 illustrate geographical enhancements, additional statistical analyses can further refine the insights. The goal of this analysis is to provide a numerical value to the coverage improvements achieved through the proposed site deployments in Indian Wells. The evaluation integrates two key data sources (polygons):
• Indian Wells Zoning (Figure 92)
o Residential
o Golf and Recreation
o Open Space
o Commercial
o Civic
• Census 202019. Database (Figure 93)
Zoning types (Residential in yellow, Golf and Recreation in green, Open Space in dark green, Commercial in red, and Civic in blue) are analyzed to demonstrate how the proposed deployments address coverage gaps, with percentage improvements highlighted for each zoning type. Section 5.3.1 includes comparative tables showcasing the current and proposed scenarios, accompanied by graphs that highlight detailed service improvements.
By utilizing census data, CelPlan also quantified the enhancement in terms of population coverage, emphasizing the benefits for residents and businesses. It demonstrates how strategic site placement aligns with the city's diverse zoning framework, ensuring equitable service improvement across all zones.
19 TECHNICAL D0CUMENTATI0N:2020 Census National Redistricting Data (Public Law 94-171) Technical Documentation Prepared by the U.S. Census Bureau, 2021
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FIGURE 92 - INDIAN WELLS ZONING LIMITS
Residential
Golf end Recree,lo,
Open Space
Commercial
Civic
759 m
Scale1.38.886
25720
3911
.540:5
5034
2274
CUP20Poz-aaGl
P0P100
Configure
750
1.3.8:886
FIGURE 93- CENSUS 2020 BLOCKS WITH POPULATION AS ATTRIBUTE 1211 Page
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5.3.1 Census at Block Level
This report utilized data from the 2020 Census, which was the 24th census in U.S. history and represented the official count of residents in the United States. Specifically, the analysis used census tract data containing population (pop100).
Census tracts are relatively permanent statistical subdivisions of counties that typically have a population size between 1,200 and 8,000 people, with an optimum size of 4,000 people. These tracts are designed to be relatively homogeneous with respect to population characteristics, economic status, and living conditions.
The data was obtained through TIGER (Topologically Integrated Geographic Encoding and Referencing), which is the Census Bureau's geographic database system. TIGER/Line Shapefiles provide geographic and cartographic information in a format that can be used with Geographic Information Systems (GIS).
For the 2020 Census, it's important to note that the population counts were subject to the Census Bureau's Disclosure Avoidance System (DAS), which adds random noise to the data to protect respondent privacy while maintaining statistical accuracy.
5.3.2 Indian Wells Zoning
CelPlan calculated the percentage of service in each specific region for each operator and frequency band. The results are presented for each operator as follows:
5.3.2.1 AT&T Analysis per Zoning Type
CelPlan analyzed all bands and compared the percentage of the area covered by a each service grade (see Table 8 for details about service grade). Results are provided in Table 14 and additional graphs illustrate four specific zones in more detail: Residential (Figure 94), Golf and Recreation (Figure 95), Open Space (Figure 97), and Commercial (Figure 97).
The strategy focused on enhancing and expanding the quality of service in Residential, Golf and Recreation, Open Space and Commercial. As a result, coverage in the Civic zoning has also improved, as illustrated in Table 14.
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TABLE 14 - AT&T ALL BANDS SERVICE DISTRIBUTION BY ZONING AT&T - All Bands - Option A
Region Scenario
Served Area (%)
Excellent Good Average Poor
Sum
Residential
Current
10.7%
46.5%
33.2%
6.4%
96.8%
Proposed
49.4%
45.8%
4.6%
0.2%
100.0%
Golf and Recreation
Current
14.7%
37.8%
29.4%
9.3%
91.2%
Proposed
66.5%
29.5%
3.9%
0.1%
100.0%
Open Space
Current
11.3%
36.9%
24.6%
11.6%
84.40%
Proposed
43.8%
36.6%
12.8%
2.0%
95.2%
Commercial
Current
39.0%
47.9%
13.1%
0.0%
100.00%
Proposed
46.5%
45.0%
8.5%
0.0%
100.0%
Civic
Current
20.0%
20.0%
40.0%
20.0%
100.00%
Proposed
40.0%
20.0%
20.0%
20.0%
100.0%
Total
Current
12.9%
39.6%
27.0%
9.6%
89.0%
Proposed
49.3%
37.6%
9.2%
1.2%
97.3%
120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
AT&T - ALL BANDS - SERVICE DISTRIBUTION RESIDENTIAL ZONING
96.8 X00.0%
49.4%
10.7%
■
46.5%45.8%
i
i
Excellent Good
I 4.6%
Average
6.4%
- 0.2%
Poor
■ Current AT&T Service ■ Proposed AT&T Service with new sites 1 Sum
FIGURE 94 -AT&T - ALL BANDS- SERVICE DISTRIBUTION RESIDENTIAL ZONING - OPTION A 1231 Page
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120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
AT&T - ALL BANDS - SERVICE DISTRIBUTION GOLF AND RECREATION ZONING
100.0 ;5
91.2%
66.5%
120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
14.7%
Excellent
37.8%
29.5% 29.4%
I 3.9%
Good Average
9.3%
■ 0.1%
Poor
Sum
■ Current AT&T Service ■ Proposed AT&T Service with new sites FIGURE 95 - AT&T — ALL BANDS - SERVICE DISTRIBUTION GOLF AND RECREATION ZONING- OPTION A
AT&T - ALL BANDS - SERVICE DISTRIBUTION OPEN SPACE ZONING
95.2%
84.4%
43.8%
11.3%
■
i
Excellent
36.9%36.6%
I
I
I
24.6%
12.8%
Good Average
11.6%
■ 2.0%
Poor Sum
I Current AT&T Service ■ Proposed AT&T Service with new sites FIGURE 96 - AT&T — ALL BANDS - SERVICE DISTRIBUTION OPEN SPACE ZONING- OPTION A 1241 Page
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120.0%
100.0%
80.09 60.0%
40.0%
20.0%
0.0%
AT&T - ALL BANDS - SERVICE DISTRIBUTION COMMERCIAL ZONING 100.0%00.0%
46.5%
39.0%
i
Excellent
47.9%45.0%
i
i
Good
Average
0.0% 0.0%
Poor Sum
■ Current AT&T Service • Proposed AT&T Service with new sites FIGURE 97 - AT&T — ALL BANDS - SERVICE DISTRIBUTION COMMERCIAL ZONING- OPTION A
5.3.2.2 AT&T Analysis per Census 2020 Database
Results for population served with different service quality (considering a homogeneous distribution within each Census tract) are provided in Table 15 and Figure 98. Option B shows better results due to new sites being located closer to residential areas.
TABLE 15 - AT&T ALL BANDS SERVICE DISTRIBUTION BY CENSUS2020 POPULATION ATT - all bands - Census 2020 - Option B
Distribution per Population - Census 2020
UE Measurement RSRP (dBm >=)
Excellent
Good
Average
Poor
Sum
Service by current sites
1069
2983
3629
2908
10589
Service by proposed sites
3008
3903
3530
1715
12156
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ATT- All bands Service distribution by population
14000
12000
10000
8000
6000
4000 3008
2000 1069
0 Excellent
12156
1058
3903
2983
1 36293530
Good Average
2908
1715
1 Poor Surn
■ Service by current sites ■ Service by proposed sites
FIGURE 98 - AT&T - ALL BANDS - SERVICE DISTRIBUTION COMMERCIAL CENSUS2020 POPULATION - OPTION B
5.3.2.3 T -Mobile Analysis per Zoning Type
CelPlan analyzed all bands and compared the percentage of the area covered by a given service grade.
Results are provided in a Table 16 and additional graphs for four specific zonings: Residential (Figure 99), Golf and Recreation (Figure 100), Open Space (Figure 101), and Commercial (Figure 1O2).
The strategy focused on enhancing and expanding the quality of service in Residential, Golf and Recreation, Open Space and Commercial. As a result, coverage in the Civic zoning has also improved, as illustrated in Table 16.
TABLE 16 - T -MOBILE ALL BANDS SERVICE DISTRIBUTION BY ZONING T -Mobile - All Bands - Option A
Region Scenario
Served Area (%)
Excellent Good Average Poor
Sum
Residential
Current
38.3%
46.8%
12.2%
2.2%
99.5%
Proposed
66.1%
30.9%
2.7%
0.3%
100.0%
Golf and Recreation
Current
20.8%
54.7%
18.3%
5.1%
98.9%
Proposed
66.3%
28.8%
4.9%
0.0%
100.0%
Open Space
Current
31.1%
33.7%
19.3%
8.1%
92.20%
Proposed
54.6%
28.0%
9.9%
2.7%
95.2%
Commercial
Current
86.4%
13.6%
0.0%
0.0%
100.00%
Proposed
91.5%
8.5%
0.0%
0.0%
100.0%
Civic
Current
20.0%
20.0%
40.0%
20.0%
100.00%
Proposed
40.0%
20.0%
20.0%
20.0%
100.0%
Total
Current
32.9%
39.7%
16.9%
6.0%
95.4%
Proposed
60.7%
28.0%
7.0%
1.6%
97.3%
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120.0%
100.0%
80.0%
60.0%
40.0 20.0'
0.0:5
T -MOBILE -ALL BANDS - SERVICE DISTRIBUTION RESIDENTIAL ZONING
99.50400.0%
66.1%
120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
38.3%
I
46.8%
30.9%
Excellent Good
12.2%
. 2.7%
Average
2.2% 0.3%
1 Poor Sum
■ Current T -Mobile Service • Proposed T-Mobi le Service with new sites FIGURE 99 - T -MOBILE — ALL BANDS - SERVICE DISTRIBUTION RESIDENTIAL ZONING - OPTION A
T -MOBILE - ALL BANDS - SERVICE DISTRIBUTION GOLF AND RECREATION ZONING
98.90/00.0%
66.3%
20.8%
1 Excellent
54.7%
28.8%
Good
18.3%
I4.9% 5.1%
_ 0.0%
Average
Poor Sum
■CurrentT-Mobile Service ■ Proposed T-Mobi le Service with new sites FIGURE 100 - T -MOBILE — ALL BANDS - SERVICE DISTRIBUTION GOLF AND RECREATION ZON/NG- OPTION A 1271 Page
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120.0%
100.0%
80.0%
T -MOBILE - ALL BANDS - SERVICE DISTRIBUTION OPEN SPACE ZONING
92.2%95'2%
60.0% 54.6%
40.0%
20.0%
0.0%
31.1%
120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
Excellent
Good
33.7%
28.0%
Average
8.1%
. 2.7%
Poor
Sum
■CurrentT-Mobile Service • Proposed T-Mobi le Service with new sites FIGURE 101- T -MOBILE — ALL BANDS - SERVICE DISTRIBUTION OPEN SPACE ZONING- OPTION A
T -MOBILE - ALL BANDS - SERVICE DISTRIBUTION COMMERCIAL ZONING 100.0%00.0%
86.4%
91.5%
13.6%
8.5%
■
0.0%
0.0%
0.0%
0.0%
.
Excellent
Good
Average
Poor
• Current T -Mobile Service ■ Proposed T -Mobile Service with new sites Sum
FIGURE 102 - T -MOBILE - ALL BANDS - SERVICE DISTRIBUTION COMMERCIAL ZONING- OPTION A 1281 Page
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5.3.2.4 T -Mobile Analysis per Census 2020 Database
Results for population served with different service quality (considering a homogeneous distribution within each Census tract) are provided in Table 17 and Figure 103. Option B shows better results due to new sites being located closer to residential areas.
TABLE 17 - T -MOBILE ALL BANDS SERVICE DISTRIBUTION BY CENSUS2020 POPULATION T -Mobile - all bands - Census 2020 - Option B
Distribution per Population - Census 2020
UE Measurement RSRP (dBm >=)
Excellent
Good
Average
Poor
Sum
Service by current sites
2461
4400
3555
944
11360
Service by proposed sites
3977
4276
3356
969
12578
14000
12000
10000
8000
6000
4000
2000
0 T -Mobile - All bands Service distribution by population 12578
11360
3977
2461
Excellent
44004276
35553356
11 Good Average
944 969
lllllll� lllllll�
Poor Sum
■ Service by current sites ■ Service by proposed sites
FIGURE 103 - T -MOBILE - ALL BANDS - SERVICE DISTRIBUTION COMMERCIAL CENSUS2020 POPULATION - OPTION B
5.3.2.5 Verizon Analysis per Zoning Type
CelPlan analyzed all bands and compared the percentage of the area covered by a given service grade.
Results are provided in Table 18 and additional graphs for four specific zonings: Residential (Figure 104), Golf and Recreation (Figure 105), Open Space (Figure 106), and Commercial (Figure 107).
The strategy focused on enhancing and expanding the quality of service in Residential, Golf and Recreation, Open Space and Commercial. As a result, coverage in the Civic zoning has also improved, as illustrated in Table 18.
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TABLE 18 - VERIZON ALL BANDS SERVICE DISTRIBUTION BY ZONING Verizon - All Bands - Option A
Region Scenario
Served Area (%)
Excellent Good Average Poor
Sum
Residential
Current
25.2%
55.2%
15.7%
3.3%
99.4%
Proposed
58.4%
38.5%
3.0%
0.1%
100.0%
Golf and Recreation
Current
16.7%
50.3%
24.6%
7.0%
98.6%
Proposed
64.3%
29.7%
5.8%
0.2%
100.0%
Open Space
Current
22.0%
39.0%
21.6%
9.4%
92.00%
Proposed
49.4%
33.9%
10.0%
2.1%
95.4%
Commercial
Current
69.0%
29.6%
1.4%
0.0%
100.00%
Proposed
74.6%
25.4%
0.0%
0.0%
100.0%
Civic
Current
0.0%
60.0%
20.0%
20.0%
100.00%
Proposed
20.0%
40.0%
20.0%
20.0%
100.0%
Total
Current
23.5%
44.4%
20.1%
7.3%
95.2%
Proposed
60.6%
31.3%
6.4%
0.6%
99.0%
120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
VERIZON - ALL BANDS - SERVICE DISTRIBUTION RESIDENTIAL ZONING
99.4400.0%
58.4%
25.2%
Excellent
55.2%
38.5%
I
Good
15.7%
,3.0% 0.1%
Average
Poor Sum
• Current Verizon Service ■ Proposed Verizon Service with new sites FIGURE 104 - VERIZON - ALL BANDS - SERVICE DISTRIBUTION RESIDENTIAL ZONING - OPTION A 1301 Page
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Council Meeting Agenda- May 21, 2026
Submitted by CelPlan Technologies, Inc.
120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
VERIZON - ALL BANDS - SERVICE DISTRIBUTION GOLF AND RECREATION ZONING
98.60400.0':0
64.3%
16.7%
120.0%
100.0%
80.0%
60.00/o
40.0%
20.0%
0.0%
■
50.3%
i
29.7%
Excellent Good
24.6%
I 5.8%
Average
7.0%
- 0.2%
Poor Surn
■ Current Verizon Service ■ Proposed Verizon Service with new sites FIGURE 105 - VERIZON - ALL BANDS - SERVICE DISTRIBUTION GOLF AND RECREATION ZONING- OPTION A
VERIZON- ALL BANDS - SERVICE DISTRIBUTION OPEN SPACE ZONING 9 92.O%5.4%
49.4%
22.0%
1 Excellent
39.0%
33.996
Good Average
9.4%
-2.1%
Poor Sum
• Current Verizon Service ■ Proposed Verizon Service with new sites FIGURE 106 - VERIZON — ALL BANDS - SERVICE DISTRIBUTION OPEN SPACE ZONING- OPTION A 1311 Page
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VID
CelPlan
Council Meeting Agenda- May 21, 2026
Submitted by CelPlan Technologies, Inc.
120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
VERIZON - ALL BANDS - SERVICE DISTRIBUTION COMMERCIAL ZONING 100.0%00.0%
74.6%
69.0%
Excellent
29.6%
25.4%
1.4% 0.0% 0.0% 0.0%
Good Average
Poor Sum
IN Current Verizon Service ■ Proposed Verizon Service with new sites FIGURE 107 - VERIZON - ALL BANDS - SERVICE DISTRIBUTION COMMERCIAL ZONING- OPTION A
5.3.2.6 Verizon Analysis per Census 2020 Database
Results for population served with different service quality (considering homogeneous distribution within each Census tract) are provided in Table 19 and Figure 108. Option B shows better results due to new sites being located closer to residential areas.
TABLE 19 - VERIZON ALL BANDS SERVICE DISTRIBUTION BY CENSUS2020 POPULATION Verizon - all bands - Census 2020 - Option B
Distribution per Population - Census 2020
UE Measurement RSRP (dBm >=)
Excellent
Good
Average
Poor
Sum
Service by current sites
1914
4301
3803
1218
11236
Service by proposed sites
3629
4201
3580
1093
12503
1321 Page
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Council Meeting Agenda- May 21, 2026
Submitted by CelPlan Technologies, Inc.
14000
12000
10000
8000
6000
4000
2000
0 Verizon - All bands Service distribution by population 1123
3629
1914
Excellent
43014201 38033580
II II 12181093
Good Average Poor
• Service by current sites • Service by proposed sites
12503
Sum
FIGURE 108 - VERIZON - ALL BANDS - SERVICE DISTRIBUTION COMMERCIAL CENSUS2020 POPULATION - OPTION B
5.3.3 Overall Zoning Analysis
The analysis in Section 5.3.1 quantifies the percentage of geographic areas served with Excellent, Good, Average, and Poor coverage across zoning classifications for each carrier and frequency range.
The evaluation emphasizes improvements in the Excellent category, as it represents the best performance tier in terms of signal strength, reliability, and user experience. Focus is placed on the Residential and Golf & Recreation zoning types, which are of primary interest to the City and historically exhibit the poorest baseline coverage levels. The percentage increases shown for each zoning category reflect the direct impact of the proposed site deployments and associated infrastructure enhancements. Table 20 summarizes the distribution of service levels under current and proposed scenarios, while Table 21 presents the overall average absolute improvement, calculated as the mean of the absolute percentage -point increases achieved by each operator.
In addition to RSRP improvement, a Relative Gain metric was calculated to normalize the improvement against baseline conditions. Relative Gain was derived by dividing the average absolute improvement by the average baseline service level for each zoning category. This method provides a proportional measure of network enhancement and highlights the structural impact of the proposed deployment.
Based on this calculation, Residential coverage increased by approximately 58% relative to its baseline performance, while Golf & Recreation coverage increased by approximately 118% relative to baseline conditions. In practical terms, this indicates that Residential zones improved by nearly half of their original service level, whereas Golf & Recreation zones more than doubled their baseline performance. 1331 Page
Global Technology Solutions
7 CelPlan
Council Meeting Agenda- May 21, 2026
Submitted by CelPlan Technologies, Inc.
TABLE 20 - ALL BANDS SERVICE DISTRIBUTION BY ZONING AND OPERATOR All Bands Service - Option A
Region Scenario
AT&T Served Area (%)
Excellent
T -Mobile Served Area (%)
Excellent
Verizon Served
Area (%)
Excellent
Residential
Current
10.7%
38.3%
25.2%
Proposed
49.4%
66.1%
58.4%
Golf and
Recreation
Current
14.7%
20.8%
16.7%
Proposed
66.5%
66.3%
64.3%
TABLE 21 - AVERAGE IMPROVEMENT OF SERVICE PER ZONE TYPE Zone Type
Average Improvement
Relative Gain
from baseline
Residential
33.23%
57.9%
Golf and Recreation
48.3%
117.6%
5.4 Golf Cart Coverage Improvement
Golf course properties in Indian Wells currently experience areas with lack of cellular coverage to reliably support communication including emergency communications. The lack of consistent connectivity places citizens and staff at increased risk in the event of a medical emergency, accident, or other incident requiring immediate response.
As part of the Wireless Master Plan effort, CelPlan conducted field measurements and predictive simulations that consistently demonstrate deficient cellular coverage across several golf courses within the City. Given the expansive layouts of these properties reliable communication capability is a critical public safety consideration.
Golf courses in Indian Wells present unique challenges for wireless service: large geographic footprint, limited vertical infrastructure, vegetation density, and proximity to mountainous terrain. The City has expressed concern regarding emergency communication reliability on these properties, particularly because golf carts serve as the primary mode of transportation across large areas where immediate access to fixed communication systems is not available. Based on these findings, CelPlan evaluated both infrastructure -based and device -based solutions capable of improving emergency notification capabilities on golf carts and across golf course facilities.
5.4.1 Findings and Priority Locations
CelPlan's drive testing and predictive modeling confirmed that improved macro cellular coverage would enhance emergency communications across multiple golf courses. The analysis indicates that strategic macro -cell deployments in low -band frequencies would significantly improve blanket coverage and enable reliable device connectivity.
1341 Page
Global Technology Solutions
7 CelPlan
Council Meeting Agenda- May 21, 2026
Submitted by CelPlan Technologies, Inc.
With the addition of strategically placed macro cells to address known coverage gaps, the following country clubs would directly benefit the most from cellular -based emergency solutions:
• The Reserve Club
• El Dorado Club
• Toscana Country Club
• Villagio
• Desert Horizons H0A
• Dorado Horizons
For these locations, macro -cell enhancements would enable the use of LTE/5G-based emergency devices without reliance on dense Wi-Fi infrastructure or distributed local gateways throughout the course. Improved macro coverage would provide consistent connectivity across fairways, cart paths, clubhouse perimeters, and remote course segments where current service is unreliable.
5.4.2 Solution Approaches Evaluated
CelPlan evaluated four primary solution categories, each with varying infrastructure dependencies, operational complexity, and performance characteristics.
5.4.2.1 Cellular -Based Emergency Solutions (Preferred Long -Term Option) With adequate macro coverage in place, golf carts can support direct cellular connectivity, enabling reliable emergency alerts and real-time location reporting across the entire property. Adequate coverage would allow for:
• LTE/5G-enabled panic buttons mounted on golf carts
• Embedded cellular modules with GPS location reporting • No dependency on local Wi-Fi infrastructure
• Direct alert routing to club security, monitoring centers, or public safety dispatch This approach aligns with public safety best practices by leveraging carrier -grade reliability. It minimizes operational burden on private clubs, avoids the need for extensive on -course infrastructure, and scales effectively across large outdoor environments.
CelPlan considers this the preferred long-term solution, contingent upon improved macro coverage.
5.4.2.2 Hybrid Bluetooth / Wi-Fi Emergency Solutions
Hybrid emergency systems rely on Bluetooth-enabled panic buttons that interface with smartphones or with Wi-Fi access points distributed throughout the golf course. This architecture introduces multiple dependency layers, including continuous smartphone availability, active application status, battery management, and consistent Wi-Fi signal propagation across large outdoor areas. As a result, infrastructure requirements increase significantly, along with installation, monitoring, and long-term maintenance complexity. Although device acquisition costs may be lower, open -course environments will see reduced RF reliability as terrain variations and vegetation can impact system performance. 1351 Page
Global Technology Solutions
7 CelPlan
Council Meeting Agenda- May 21, 2026
Submitted by CelPlan Technologies, Inc.
While technically viable, hybrid systems inherently introduce operational variability and user - dependent failure points. For these reasons, they are best positioned as interim or supplemental solutions where macro cellular upgrades are pending. They are not recommended as the primary long- term emergency communication strategy for large -area golf course deployments where reliability, simplicity, and direct public safety integration are critical.
5.4.2.3 Smartphone-Based Emergency Applications
Smartphone-based emergency applications are widely available and can provide SOS activation, GPS location sharing, and monitoring center integration with minimal hardware investment. However, their effectiveness is directly dependent on reliable LTE/4G (and increasingly 5G) macro coverage. In the current golf course environments evaluated, cellular signal degradation and coverage gaps significantly limit the reliability of app -based emergency notifications, particularly in large open areas with terrain variations and vegetation. Additionally, these solutions depend on user behavior, device battery life, and application readiness at the time of an incident. For these reasons, while smartphone applications can serve as a supplemental safety layer, they should only be considered for broader deployment once macro cellular coverage improvements have been implemented to ensure consistent and dependable connectivity across the courses.
5.4.2.4 LoRaWAN Closed Wireless System
An alternative approach involves deployment of a private, closed wireless network using LoRaWAN (Long Range Wide Area Network) technology.
This solution is designed to support connectivity throughout the course for asset tracking and immediate emergency notification using a secure, low bit -rate wireless system. LoRaWAN-enabled tracking and alert devices can be installed on golf carts, providing location awareness and emergency signaling without relying on public cellular networks. This approach provides the golf course with a fully integrated view of assets and operational activity, including secure emergency notifications.
However, LoRaWAN systems require installation of outdoor standalone gateway infrastructure across the property and ongoing system management. While cost-effective for asset tracking and operational monitoring, they do not directly integrate with public cellular networks and may require additional routing mechanisms to notify external emergency services.
5.4.3 Vendor Landscape and Technology Providers
CelPlan reviewed commercially available solutions compatible with golf cart deployment, asset tracking, and public safety notification workflows. The vendors below represent established providers across standalone cellular, embedded IoT modules, smartphone platforms, and private LoRaWAN systems. Table 22 summarizes the technologies available and Table 23 provides a list of potential vendors for these solutions.
1361 Page
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Council Meeting Agenda- May 21, 2026
Submitted by CelPlan Technologies, Inc.
TABLE 22 -TECHNOLOGIES SUMMARY
Solution Type
Reliability
Infrastructure
Required
Operational
Complexity
Public Safety
Integration
Cellular (LTE/5G)
High (with macro
coverage)
Carrier Macro -cell
support
Low
Direct integration
possible
Hybrid
Bluetooth/Wi-Fi
Moderate
Additional WiFI
Infrastructure
throughout golf
course
High
Indirect
Smartphone App
Low -Moderate
Carrier Macro -cell
support
User dependent
Limited
LoRaWAN Private
Network
High (local
coverage)
Additional LoRa
Gateway
Infrastructure
throughout golf
course
Moderate
Requires integration
TABLE 23 - VENDOR SUMMARY
Category
Vendor
Technology Type
Key Capabilities
Typical Use Case
Standalone
Cellular
Panic
Buttons
React
Mobile
LTE-enabled panic
buttons with GPS
and cloud alerting
One -touch SOS, real-time
GPS, cloud dashboard,
integration with security
teams
Direct emergency
notification from
golf carts
SaferCity
4G GPS panic
devices with two-
way voice
SOS activation, live
tracking, voice
communication
Emergency alerting
with voice support
TOPVICO
(and similar
LTE SOS
devices)
Standalone LTE
panic buttons
SOS alerts via
SMS/voice, GPS location
reporting
Low-cost cellular
panic solution
Embedded
Cellular/
IoT Modules
(Custom
Integration)
Telit
Cinterion
LTE/5G IoT
modules with
GLASS
Embedded connectivity,
telematics support,
scalable device
integration
Custom golf cart
mounted safety
systems
Cavli
Wireless
Cellular IoT
modules with
global SIM
Integrated SIM, cloud
device management
Fleet -based cart
connectivity
Smartphone
/ App-
Based
Platforms
React
Mobile (App
version)
Smartphone-
based SOS app
App -based alerting, GPS
location sharing
Supplemental
safety solution
GPS
BodyGuard
Mobile emergency
application
SOS button, monitoring
center integration
Personal safety
app for staff or
members
Private
LoRaWAN
Systems
Codepoint
Technologies
- Cora Alert
LoRaWAN-based
asset tracking
and emergency
alert system
Closed -network
operation, long-range
low -power tracking, IT
dashboard integration
Course -wide asset
tracking and
emergency
signaling without
cellular
subscriptions
1371 Page
Global Technology Solutions
VID
CelPlan
Council Meeting Agenda- May 21, 2026
Submitted by CelPlan Technologies, Inc.
5.4.4 CelPlan's recommendation
CelPlan concludes that enhancing macro cellular coverage is the foundational prerequisite for establishing reliable golf cart emergency communication systems across Indian Wells golf courses.
Existing coverage deficiencies directly limit the effectiveness of cellular -based safety technologies.
Once these gaps are addressed through targeted macro infrastructure improvements, LTE/5G- enabled emergency devices mounted directly on golf carts represent the most scalable, resilient, and public safety -aligned solution. This approach minimizes operational complexity, supports direct integration with monitoring centers or public safety dispatch, and provides consistent performance across large outdoor environments.
LoRaWAN-based systems present a viable complementary solution, particularly for asset tracking and internal course operational management within a closed -network environment. These systems can deliver high reliability within the defined course footprint and may offer cost efficiencies where subscription -based cellular connectivity is less desirable. However, they require additional backend integration to support direct emergency dispatch communication and therefore function best as a supporting layer rather than a primary public safety mechanism.
CelPlan recommends a coordinated strategy that prioritizes macro cellular coverage enhancements, followed by the deployment of standardized LTE/5G-based emergency notification systems. When appropriate, supplemental LoRaWAN solutions may be incorporated to strengthen asset visibility and operational control. This integrated approach will improve citizens safety, emergency responsiveness, operational awareness, and long-term wireless resiliency across golf course properties in Indian Wells. 1381 Page
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VID
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Council Meeting Agenda- May 21, 2026
Submitted by CelPlan Technologies, Inc.
6 Conclusion
This Wireless Master Plan demonstrates that the City of Indian Wells' wireless service challenges are not the result of a single deficiency, but rather the combined effect of uneven existing site distribution, terrain and land -use constraints, limited siting flexibility in key areas, and the practical limitations of current zoning pathways. Through field measurements, asset verification, calibrated propagation modeling, and regulatory review, CelPlan developed an integrated understanding of how current infrastructure performs, where meaningful service gaps remain, and what actions are most likely to improve conditions.
The study confirms that existing wireless infrastructure provides relatively strong service in portions of the City associated with established commercial and resort properties, but that significant gaps remain in northern, southwestern, mountain -adjacent, residential, and golf -related areas. These are also the areas where the City's public safety and service reliability concerns are most pronounced. The report shows that low -band macro -cell deployments remain the most effective way to improve broad -area coverage and create the foundational communications layer needed for reliable everyday service, stronger emergency connectivity, and future wireless expansion.
At the same time, the report makes clear that improved coverage cannot be achieved through engineering alone. A successful implementation path depends on a regulatory framework that allows infrastructure to be considered in the locations where it is actually needed, while still preserving Indian Wells' strong aesthetic standards. For that reason, the recommended zoning amendments and land - use clarifications are a central part of the Wireless Master Plan. They are intended to provide the City with a clearer and more defensible structure for evaluating future wireless proposals, especially in Golf and Recreation, Watercourse, Public Facility, and related overlay areas, and to give carriers a more predictable pathway for deploying well -concealed facilities in appropriate locations.
The candidate site analysis further demonstrates that targeted new deployments can materially improve service where it matters most. The modeled scenarios show substantial improvement in both Residential and Golf and Recreation areas, with especially strong gains in the latter, where baseline service is weakest today. These improvements are important not only from a consumer connectivity perspective, but also from a public safety standpoint. On golf course properties in particular, stronger macro coverage is a prerequisite for dependable emergency notification and response solutions tied to golf cart operations and other mobile field activity.
Moving forward, CelPlan recommends that the City use this Master Plan as the basis for refining its zoning framework, prioritizing candidate siting areas, and engaging carriers on future deployments that align with both community character and long-term communication needs. 1391 Page
Council Meeting Agenda- May 21, 2026
INDIAN WELLS CITY COUNCIL
May 21, 2026
To: City Council
From: City Manager Department
Prepared by: Eric Ceja, Assistant City Manager
Subject: Approval of a Fourth Amendment to the Easement Agreement for Indian Wells Golf Resort and Authorize the City Manager to Execute All Necessary Documents to
Effectuate the Terms
RECOMMENDED ACTIONS:
Council APPROVES and AUTHORIZES the City Manager and City Attorney to finalize, make non -substantive changes, and execute a Fourth Amendment to the Easement Agreement between the City and owners of the Renaissance and Hyatt hotel properties in substantially the same form as the attached, subject to acceptance and signature by Renaissance and Hyatt; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines §§ 15378, 15061.
DISCUSSION
In 1985, the Indian Wells Redevelopment Agency ("Agency"), and ownership groups for the Hyatt Indian Wells Resort and Villas ("Hyatt"), and Renaissance Esmeralda Resort and Spa ("Renaissance"), entered into agreements for the development and operation of the Indian Wells Golf Resort ("IWGR"). Land on the south side of the Whitewater Channel was provided by the Renaissance and Hyatt ("hotel partners") to the Agency through a perpetual easement ("Easement"). This Easement is the tool that effectuated the development of the IWGR clubhouse, driving range, parking lot, access to the property from Highway 111, and portions of the Celebrity and Players golf courses. This Easement also allows the City to develop golf -resort activities on the land and prohibits the City from developing non -golf -resort uses. Fee title to the land covered by the Easement is held by the hotel partners, respectively.
Since inception, the Easement Agreement has been amended to reflect changes in hotel ownership, to shift the Players Course Hole #17 in 2002 to facilitate the construction of a ballroom at the Renaissance Esmerelda, and to identify special golf and resident rates.
The Easement Agreement also grants hotel operators access to the IWGR tee sheet for 26529.00000\45019907.2
Council Meeting Agenda- May 21, 2026
hotel guest rates and creates a Tee Committee to discuss development of the IWGR and address issues between the three parties.
As the parties did in 2002, when they agreed to adjust the boundaries of the City -held Easement to facilitate construction of new improvements at the Renaissance, the parties desire to facilitate future adjustments of Easement boundaries when the City and a hotel partner agree to an adjustment over that partner's land. To simplify and streamline the boundary -adjustment process, the parties desire to expressly allow for two-party amendments to the Easement Agreement, as long as an amendment only affects the boundary of the City -held easement over the land owned in fee by the other party.
The parties also desire to make it clear that no hotel partner has a say over non -hotel golf rates. This avoids questions about whether the City may set its own rates for resident golf.
Lastly, the parties desire to make clear that no hotel partner has a say under the Easement Agreement over how the other hotel partner uses property that it owns in fee and that is not covered by the City -held Easement.
The attached draft Fourth Amendment has been reviewed and approved by both hotel partners.
CITY COUNCIL STRATEGIC GOAL:
Approval of these terms implements three specific goals of the City Council's 2025 Strategic Plan:
1. Encourage Development and Tourism — "Continue discussions with Renaissance Esmere/da on Expansion of their Resort"— Approval of the Fourth Amendment will provide a more streamlined process for a future amendment to the Easement boundaries over the former Hole 18 near the Renaissance hotel, for use of that area by Renaissance for future development in support of the Renaissance resort and generate new revenues to the City.
2. Fiscal Responsibility and Sustainability — "Examine Opportunities to Expand and Diversify City Revenues" — Future development of the former Hole 18 by Renaissance will allow for additional TOT generation and amenities that would support increased average daily rates and occupancy resulting in greater TOT. 26529.00000\45019907.2
Council Meeting Agenda- May 21, 2026
OPTIONS:
The City Council may consider the following options:
1. Approve the proposed Fourth Amendment to the Easement Agreement; and
2. Provide alternative direction.
FISCAL IMPACT:
There is no fiscal impact.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Adoption of the proposed Easement amendment is not a "project" under CEQA because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. (14 CaI. Code Regs. § 15378.) The amendment solely clarifies contractual rights and approval procedures among the parties and establishes an administrative mechanism for future boundary adjustments affecting only the fee owner of the subject property. The amendment does not itself: authorize any construction or physical alteration of land; expand the existing golf -resort use; increase density or intensity of use; alter existing operations in a manner that could cause a physical environmental impact; or commit the City to any future physical changes to the environment. The activity constitutes organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment within the meaning of CEQA Guidelines section 15378(b)(5).
In the alternative, and to the extent that CEQA applies, adoption of the amendment is exempt from CEQA under the common-sense exemption set forth in CEQA Guidelines (14 CaI. Code Regs.) section 15061(b)(3), because it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment. The amendment merely clarifies existing contractual relationships and approval authority among the parties and does not authorize any physical environmental change. Therefore, no further environmental review is required.
ATTACHMENT:
1. Fourth Amendment to the Easement Agreement
26529.00000\45019907.2
City Council Meeting:
May 21, 2026 - Presentation
General Business Item I.3 a
• 1 Y;
Approval of the 4th Amendment
to the Easement Agreement for
Indian Wells Golf Resort
City of Indian Wells
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What is the 4th Amendment?
• Adjust existing City boundaries over the Renaissance property (Specifically over former Hole #18) - facilitating future building/land improvements by Renaissance
• Limit hotel partners ability to weigh-in on non -hotel golf rates • Limit hotel partners ability to weigh-in on each others operations on their own property
• Allow for future two-party agreements in the future
Council Consideration
1. Staff Requests City Council approve the 4th Amendment to the Easement Agreement; adjust boundaries of the easement to facilitate future improvements to land controlled by the Renaissance Esmeralda
2. Allow the City Manager and City Attorney to execute the 4th Amendment and, if necessary, make non -substantive changes to the agreement attached to the staff report.
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4 Council Meeting Agenda- May 21, 2026
ATTACHMENT #1
No Recording Fees Required Per
Government Code Section 27383
RECORDED AT THE REQUEST OF:
The City of Indian Wells
City Clerk
44-950 Eldorado Drive
Indian Wells, CA 92210
WHEN RECORDED RETURN TO:
The City of Indian Wells
City Clerk
44-950 Eldorado Drive
Indian Wells, CA 92210
FOURTH AMENDMENT TO EASEMENT AGREEMENT
May 2026
This Fourth Amendment to Easement Agreement (this "Fourth Amendment"), dated May , 2026, is entered into by BBC ESMERELDA, LLC, an Illinois limited liability company registered to do business in California ("BBC"), INDIAN WELLS HOTEL OWNER LLC dba Grand Hyatt Indian Wells Resort & Spa, a Delaware limited liability company registered to do business in California ("Hyatt"), and THE CITY OF INDIAN WELLS, a California charter city ("City"). BBC and Hyatt are sometimes referred to as the "Grantors." BBC, Hyatt and City are individually referred to as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the Parties hereto (or their respective predecessors -in -interest) previously entered into that certain Easement Agreement dated April 8, 1985 and recorded on May 31, 1985 as Instrument No. 117222 (the "Original Easement Agreement") in the Official Records of Riverside County, California (the "Official Records"). The Original Easement Agreement was subsequently amended by the Parties by each of the following:
1. A first Easement Agreement Amendment dated April 17, 1997, and recorded in the Official Records on April 23, 1997 as Instrument No. 1997-137528;
2. A Second Amendment to Easement Agreement dated April 14, 2002, and recorded in the Official Records on June 11, 2002 as Instrument No. 2002-317300; and 135129-00000001/10252445.4
6000166448.2
26529.00000\44658598.17
05/15/26
6000166448.5
Council Meeting Agenda- May 21, 2026
Fourth Amendment to Easement Agreement May 2026
3. A third amendment titled Partial Termination of Easement Agreement, Complimentary Golf Agreement and G.C.E. Map References — and Consent to Travel Easement dated October 1, 2007, and recorded in the Official Records on October 19, 2007 as Instrument No. 2007-0648079.
WHEREAS, The Original Easement Agreement as amended is referred to as the "Easement Agreement").
WHEREAS, BBC is the successor in interest to INDIAN WELLS GOLF RESORT JOINT VENTURE, which itself was successor in interest to DAON CORPORATION and STOUFFER INVESTMENT CORPORATION, named parties to the Original Easement Agreement; WHEREAS, Hyatt is the successor in interest to H.E. INDIAN WELLS, L.L.C., which itself was successor in interest to GRAND CHAMPIONS LLC, which itself was successor in interest to DESERT HORIZONS, INC. and GSH LIMITED, named parties to the Original Easement Agreement;
WHEREAS, the City of Indian Wells is the successor to the Redevelopment Agency of the City of Indian Wells, named party to the Original Easement Agreement; WHEREAS, the Parties or their predecessors developed and executed the "Complimentary Golf Policy for the Indian Wells Golf Resort" dated, January 7, 1993, as amended and restated by the "First Amendment to Complimentary Golf Policy for the Indian Wells Golf Resort" dated, May 6, 1993, as amended and restated by the "Reduced Golf Fee Policy for the Golf Resort at Indian Wells" dated, April 17, 1997, as amended and restated by the "Complimentary Golf Agreement for the Indian Wells Golf Resort" dated, July 1, 2020 (the "Complimentary Golf Agreement");
WHEREAS, the Parties intended for the Complimentary Golf Agreement to govern the Parties as to its subject matter, and the Parties now intend to clarify that the Complimentary Golf Agreement supersedes Section 28 of the Easement Agreement to the extent that a terms in Section 28 conflict with those of the Complimentary Golf Agreement, and moreover that neither Grantor has any control or approval authority regarding the setting of fees for individuals not associated with a Grantor;
WHEREAS, the Parties intend to amend the Easement Agreement so that a Grantor's consent is not required to approve an amendment to the Easement Agreement when the amendment only changes the boundaries of a City -held easement over the other Grantor's property as further described herein.
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NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, it is agreed as follows:
1. Definitions. Except as provided herein, all capitalized terms used in this Fourth Amendment shall have the meanings set forth in the Easement Agreement.
2. Global Amendments to Reflect Successors -in -Interest. The Easement Agreement is hereby amended as follows:
(a) All references in the Easement Agreement to "Indian Wells Golf Resort Joint Venture" or "IWGRJV" are hereby changed to "BBC ESMERELDA, LLC" or "BBC," respectively.
(b) All references in the Easement Agreement to "Grand Champions, LLC" or "Champions" are hereby changed to "INDIAN WELLS HOTEL OWNER LLC" or "Hyatt," respectively.
(c) All references (including references in any defined terms that include any such terms) in the Easement Agreement to the "Redevelopment Agency of the City of Indian Wells" are hereby changed to "The City of Indian Wells." (d) All references (including references in any defined terms that include any such terms) in the Easement Agreement to "IWGRJV" are hereby changed to "BBC" and references to "Champions" are hereby changed to "Hyatt." Without limiting the foregoing, but by way of example for purposes of clarification, all references in the Easement Agreement to the "IWGRJV Easement Area" are changed to the "BBC Easement Area."
3. Amendments to Specific Sections of the Easement Agreement (a) Section 20 of the Easement Agreement is hereby amended and replaced in full with the following quoted text:
"20. Entire Agreement; Modification.
20.1 This Agreement and the Complimentary Golf Agreement contain the entire agreement between the parties relating to the subject of this Agreement.
20.2 Except as otherwise provided herein, this Agreement may be modified only by a written and recorded Agreement signed by all parties or their respective heirs, successors or assigns.
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20.3 Two -Party Amendments
20.3.1 Notwithstanding the above, no consent by a Grantor is required to amend this Agreement if the amendment only changes the boundaries of a City -held easement over property owned by the other Grantor and the change to the boundaries of a City - held easement over property owned by the other Grantor does not:
(i) Have an adverse effect on the ingress or egress to or from the other Grantor's property to or from the Golf Resort or any public right-of-way, including Indian Wells Lane (or to any successor public right-of-way from a Grantor's property to Highway 111); (ii) Alter the City's obligations under the Easement
Agreement, including, without limitation:
(A) The City's obligation to "use the Golf Resort
Property only for the purpose of constructing, operating and maintaining the Golf Resort" under § 4,
(B) The City's obligation to comply with "the
Maintenance and Operation Standard" under § 6),
(C) The City's obligation to "operate and maintain
... two first-class 18 -hole championship golf courses with club house and other customary ancillary facilities" under § 2, and
(D) The City's obligations with respect to "High
Visibility Areas" under §§ 5.2 and 5.3; or
(iii) Alter a Grantor's rights and remedies with respect to City obligations under the Easement Agreement.
20.3.2 Thus, subject to the conditions in section 20.3.1, BBC's consent is not required for an amendment to this Agreement that only alters the boundaries of a City -held easement over property owned by Hyatt; and Hyatt's consent is not required for an amendment to this Agreement that only alters the boundaries of a City -held easement over property owned by BBC.
20.3.3 A two -Party amendment to this Agreement described in this Section 20.3 only changes the boundaries of a City -held easement governed by this Agreement; for the avoidance of doubt, this Section 20.3 has no effect on any Party's rights or obligations with respect to the City's obligations under the Easement Agreement. 135129-00000001/10252445.4
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20.3.4 While consent of the non -owner Grantor is not required for a two -Party amendment to this Agreement described in this Section 20.3, the Parties to a two -Party amendment must provide a copy of the amendment to the non -owner Grantor at least 5 business days prior to executing the amendment."
(b) Section 27.2 of the Easement Agreement is hereby amended and replaced in full with the following quoted text:
"27.2 Use of Easement Areas.
27.2.1 BBC and Hyatt each acknowledge that they have
each been granted various perpetual rights and privileges by this Agreement with respect to the Golf Resort and Golf Resort Property, which rights and privileges have been made covenants running with the land by this Agreement, including, without limitation, the right to approve construction of the High Visibility Areas, the right to enforce the Maintenance and Operation Standard, and the rights to priority use of the Golf Resort. BBC and Hyatt agree that each of them, and their employees, designated invitees, contractors, and hotel guests may use the other's Easement Area as is reasonably necessary to permit their perpetual enjoyment of the rights and privileges granted to each of them under this Agreement. BBC and Hyatt shall at all times have the right of reasonable ingress and egress over the other's Easement Area for the purpose described above. The Reciprocal Cross Easements are for the limited and exclusive use and purpose described above and no other use may be made of the Easement Areas without the written approval of that Grantor whose Easement Area is to be affected.
27.2.2 For the avoidance of doubt, neither Grantor shall have any input, discretion, authority, or right of approval under this Agreement over what the other Grantor constructs on property owned by that other Grantor." (c) A new Section 28.0 is hereby added to the Easement Agreement before Section 28.1, with the following quoted text:
"28.0 Complimentary Golf Agreement.
28.0.1 The Parties, or their predecessors, entered into and the Parties are also governed by the Complimentary Golf Agreement. If any term of this Agreement conflicts with the Complimentary Golf Agreement, the Complimentary Golf Agreement prevails.
28.0.2 Notwithstanding anything else in this Agreement or in any other agreement (including the Complimentary Golf Agreement), neither Grantor has the right or discretion to alter, amend, deny, change, or otherwise control the golf fees charged to individuals who are not associated with BBC or Hyatt. If there is any conflict between this 135129-00000001/10252445.4
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paragraph and the terms of this Agreement, the Complimentary Golf Agreement, or of any other agreement previously entered into, the terms of this paragraph govern the Parties. But nothing in this Agreement makes any other change to the Complimentary Golf Agreement, and all terms of the Complimentary Golf Agreement that do not conflict with this paragraph remain in full force and effect."
(d) Section 24 of the Easement Agreement is hereby amended and replaced in full with the following quoted text:
"24. Notices and Approvals.
24.1 Any approval, disapproval, demand, document or other notice ("notice") that any party may desire, or is required, to give to another party must be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of the party set forth below, or at any other address as the parties may later designate in accordance with the terms of this paragraph:
To BBC:
With copy to:
With a courtesy copy to:
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Renaissance Esmeralda Resort
44-400 Indian Wells Lane
Indian Wells, CA 92210
Attn: General Manager
(T) (760) 836-1240
(F) (760) 836-1287
BBC Esmerelda, LLC
c/o Bixby Bridge Capital, LLC
555 Skokie Boulevard, Suite 225
Northbrook, IL 60062
Attn: David Rotenberg
Attn: David Williams
(T) (847) 313-6492
(F) (847) 498-7893
Procopio Cory Hargreaves & Savitch
525 B Street, Suite 2200
San Diego, CA 92101
Attn: David Crawford
Attn: Jordan Ferguson
(T) (619) 525-3879
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To Hyatt:
c/o Trinity GP Fund I GP, LLC
2982 Grand Ave, Suite 203
Miami, FL 33133
Attn: Sean Hehir
With a courtesy copy to: c/o Trinity GP Fund I GP, LLC
9401 Wilshire Boulevard, Suite 700
Beverly Hills, CA, 90212
Attn: Jeffrey Barry
(T) (213) 318-0581
With a courtesy copy to: Gibson, Dunn & Crutcher LLP
811 Main Street, Suite 3000
Houston, TX 77002
Attn: Kimberly Schlanger
(T) (346) 718-6611
To the City: City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210
Attn: Executive Director
(T) (760) 346-2489
(F) (760) 346-0407
With courtesy copy to: Best Best & Krieger
2855 East Guasti Road, Suite 400
Ontario, CA 91761
Attn: Todd Leishman
(T) (949) 263-6576
24.2 Any notice given under this paragraph, whether personally or by mail, shall be deemed received only upon actual receipt by the intended party. A defect in providing a courtesy copy is not a defect in notice to the recipient Party." (e) Section 4 of the Easement Agreement is hereby amended and replaced in full with the following quoted text:
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"4. Restricting Use of Golf Resort Property.
4.1 Agency herein agrees, for the mutual benefit of the Servient Properties, to use the Golf Resort Property only for the purpose of constructing, operating and maintaining the Golf Resort.
4.2 If the fee simple interest to any portion of BBC or Hyatt's property that is part of an Easement Area under this Agreement is subsequently conveyed to the City, the City, or its successors -in -interest, shall continue to use that conveyed property solely for Golf Resort purposes as set forth in this Agreement. No conveyed property may be developed with any lodging use."
4. Authorized Signature. Each Party represents and warrants that the individual executing this Fourth Amendment is authorized to execute and deliver this Fourth Amendment on behalf of that Party in accordance with a duly adopted resolution of the Party's board of directors or other governing body and in accordance with that Party's articles of incorporation or charter and bylaws. The Parties each represent and warrant that they have passed any authorizing resolutions or taken such further action as is necessary to authorize and give effect to the terms of this Fourth Amendment under any applicable state or local laws, statutes, rules, regulations, or ordinances.
5. Counterparts. This Fourth Amendment may be signed in multiple counterparts, which, when signed by all Parties, constitute a binding agreement. Parties may sign electronically.
6. No Further Modification. Except as expressly modified herein, all terms of the Easement Agreement as amended remain in full force and effect. From and after the full execution of this Fourth Amendment, whenever the term "Agreement" appears in the Easement Agreement, it means the Agreement as amended by this Fourth Amendment and all prior amendments.
7. Effective Date. This Fourth Amendment takes effect upon the occurrence of both of the following:
(a) Execution by each of the Parties; and
(b) Recordation of a deed conveying all of BBC's interest in Indian Wells Lane to the City for public right-of-way purposes.
(Signatures and attestations on following pages)
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IN WITNESS THEREOF, each of the parties has caused this Fourth Amendment to be executed on their behalf by their duly authorized officers.
THE CITY OF INDIAN WELLS
By: Date:
Dr. Chris Freeland
City Manager
ATTESTED BY:
By: Date:
Angelica Avila
City Clerk
BBC:
By: BBC ESMERELDA, LLC
By: Date:
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HYATT:
By: INDIAN WELLS HOTEL OWNER
LLC, Delaware limited liability company
By: Dated:
Print Name:
Print Title:
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[INSERT NOTARY ATTESTATIONS FOR BBC AND FOR HYATT HERE] 135129-00000001/10252445.4
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INDIAN WELLS CITY COUNCIL
May 21, 2026
To: City Council
From: City Manager Department
Prepared by: Christopher Freeland, City Manager
Eric Ceja, Assistant City Manager
Subject: Approve Terms for an Exchange for Real Property with Renaissance Hotel for Indian Wells Golf Resort and
Authorize the City Manager to Execute All Necessary
Documents to Effectuate the Terms
RECOMMENDED ACTIONS:
Council APPROVES and AUTHORIZES the City Manager and City Attorney to finalize, make non -substantive changes, and execute an Exchange Agreement and related documents between the City and the owner of the Renaissance hotel, subject to acceptance and signature by Renaissance; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines §§ 15378, 15061, 15301, 15315.
BACKGROUND
In 1985, the Indian Wells Redevelopment Agency ("Agency") and ownership groups for the Hyatt Indian Wells Resort and Villas ("Hyatt") and Renaissance Esmeralda Resort and Spa ("Renaissance") entered into agreements for the development and operation of the Indian Wells Golf Resort ("IWGR"). Land on the south side of the Whitewater Channel was provided by the Renaissance and Hyatt ("hotel partners") to the Agency through a perpetual easement ("Easement"). This Easement is the tool that effectuated the development of the IWGR clubhouse, driving range, parking lot, access to the property from Highway 111, and portions of the Celebrity and Players golf courses. This Easement also allows the City to develop golf -resort activities on that land and prohibits the City from developing non -golf -resort uses. Fee title to the Easement areas remains with the hotel partners.
Since inception, this Easement Agreement has been amended multiple times to reflect changes in hotel ownership; to adjust the boundaries of the Easement over Players Course Hole #17 in 2002 to facilitate the construction of a ballroom at the Renaissance Esmerelda; and to identify special golf and resident rates. The Easement Agreement also
Council Meeting Agenda- May 21, 2026
grants hotel operators access to the IWGR tee sheet for hotel guest rates and creates a Tee Committee to discuss development of the IWGR and address issues between the three parties.
As noted above, the Easement Agreement provides a perpetual easement (the "BBC Easement"; shown in Attachment 1) to the benefit of the City; however, the Golf Resort Clubhouse, driving range, main parking lot, Indian Wells Lane, and the former Hole #18 of the Players Course are all on land that is not owned in fee by the City. Obtaining fee ownership of this land is a priority for the City. Moreover, the City needs more parking spaces to meet IWGR's business growth. With the completion of the Players Course remodel, Hole #18 of the former Players Course has left a significant portion of the BBC Easement Area unused.
Fourth Amendment to the Easement Agreement
The City and two hotel partners have negotiated a Fourth Amendment to the Easement Agreement that, if approved by the Council, will, among other things, allow for two-party amendments to the Easement Agreement to change the boundary of the City -held easement over land that is held in fee by the hotel that is the other party.
Renaissance Esmeralda Resort and Spa
Bixby Bridge Capital, LLC, ("BBC") is a private real estate investor and lender that owns the Renaissance. The 9.89 -acre area that was Hole #18 of the Players Course, located along Highway 111 east of Indian Wells Lane, is owned in fee by BBC. Even though it is no longer used for the Player's Course, this property is still subject to the City -held Easement.
In May 2022, the City received a letter of interest from BBC expressing interest in exploring options with the City for the removal of the easement over the former Hole # 18, to allow BBC to use the area for an expansion of outdoor recreation amenities.
Specifically, BBC wishes to expand its existing pool area to include additional pools, with food and beverage offerings, and additional seating areas. BBC wishes to expand its resort amenities as they are frequently at capacity and have sometimes turned away business in order to avoid negatively affecting guest experiences. Other resort expansions in the Coachella Valley have been very successful, including at the Grand Hyatt Indian Wells, and BBC wants to do likewise. A release of the Easement over the former Hole #18 would also allow BBC to complete these and other future amenities.
Since 2022, the City Council has negotiated off and on with BBC to reach a mutually acceptable arrangement for the removal of the City's interest in the Easement Area over former Hole #18. These discussions began in anticipation of the remodel of the Players
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Course and the relocation of Holes #17 and #18 to the north side of the Whitewater Channel. The relocation of these holes was completed in 2025.
DISCUSSION
City's Easement and Future Use
With the relocation of Hole #18, the City has little need to maintain the Easement over this portion of the property. The Easement limits the City's use of the Easement Area to just golf -resort uses. At the City's request, Troon explored the possibility of using the former Hole #18 area for a short -game course. This use had an estimated cost of just over $1,000,000 and had the potential to generate approximately $100,000 a year in profit to the IWGR. Therefore, the IWGR would have broken even and started to see a profit in about 10 years.
On the other hand, terminating the Easement over the former Hole #18 area to allow a Renaissance expansion requires no City investment and generates a much larger, new revenue stream to the City once the project is completed.
Part of the City's interest in the expansion of the Renaissance's amenities is the generation of new revenues (e.g., transient occupancy tax and sales tax). BBC and Mariott conservatively project an increase in City revenues of approximately $3.9 million in new transient occupancy tax (TOT) over a ten-year period. These updated TOT revenues figures have been reviewed and are validated by both the City's Finance Director and the independent third -party Economic Development Consultant, Kosmont Companies.
Proposed Exchange and Related Agreement
Following direction from the City Council, City staff and the City Attorney's office have negotiated the following terms with BBC for the City to change the boundaries of the City - held Easement over the former Hole #18 area:
City Receives:
1. BBC to transfer the fee ownership of approximately 8.6 acres to the City. • Approximately 6 acres of land, inclusive of the IWGR clubhouse, driving range, and parking facilities to the City.1
• Approximately 1.6 -acres of land, inclusive of Indian Wells Lane from Highway 111 to IWGR, including the traffic circle to ensure that it remains open to the public as public ROW.
1 Deed to the City will have a restriction that the City cannot sell the property in the future to a hotel operator.
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• One acre of the former Hole #18 area of the Players Course for the City is to develop a parking facility to support the IWGR operations.2
2. BBC to make a one-time payment of $3 million cash to the City.
3. BBC agrees to a new easement along the northern shared property line for IWGR staff to utilize in maintaining the IWGR and to allow guests of the proposed resort development to the east of the Renaissance Esmerelda access to the IWGR.
4. BBC agrees to submit a project plan for approval by the City within 18 months after termination of the easement. Construction will begin within one year after the City approves BBC's project plan. BBC will complete construction of the project within 18 months after construction starts.
• If the project is not completed within the agreed to timeframe, BBC will pay the City $10,000 a month until those improvements are completed (to make up for lost tax revenue). This provision runs with the land, should BBC sell the property prior to completing the amenities. (This deal point is to ensure that the economic development opportunity of new revenues to the City comes to fruition, or the City is compensated until it does).
5. BBC acknowledges that the City wants to avoid visibility of the proposed project amenities (e.g., pool expansion and supporting amenities) from Highway 111 and will submit a project to the City that is compliant with this request.3 • Additional amenities may be proposed and constructed by BBC on former Hole #18 at a later date, subject to the City's ordinary review and approval process.
BBC Receives:
• City agrees to change the boundaries of the Easement Area to omit most of the former Hole #18, approximately 6.9 -acres of land currently owned in fee by BBC.
In addition to the terms above, the City and BBC agree to share costs for surveying and final -map development, escrow costs, or other costs to complete the transfer of ownership of lands.
Attachment No. 2 of this report illustrates the changes to the BBC Easement area and new City parcels being created.
2 Deed to the City will have a restriction that land is for parking purposes and related facilities only. City will also agree to provide adequate landscaping to shield parking lot. 3 It is important to note that BBC will be required to go through the appropriate entitlement process and public review of proposed amenities as required.
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Staff recommends the City Council accept the terms listed above as the City anticipates significant benefit from these terms, including:
• City to obtain fee interest of over 8.7 acres of land that includes the Indian Wells Golf Resort clubhouse, driving range, and parking lot site. This fee interest also includes City full ownership of Indian Wells Lane resulting in City control for access to the clubhouse and site control over the clubhouse property. • City to receive a one-time cash payment of $3 million. • IWGR growth potential is limited by its ability to park guests, which has been a concern for years. A new, 1 -acre, parking lot will allow approximately 100 additional cars to be parked for the IWGR's benefit.4
• Once the Renaissance completes its amenities, the City is expected to see a conservative increase of $3.9M in new TOT over the next ten years, which will continue to grow in perpetuity.
• City to save approximately $5,000/month in maintenance cost associated with the former Hole #18.
• The deal also allows Renaissance to seek approval of additional amenities in the future, which could generate even more revenue for the City in the future. • None of these new revenues require any City investment, compared to a City - funded repurposing of the former Hole #18.
To effectuate these terms several agreements have been drafted, including:
1. Exchange Agreement — to identify the real property and money to be exchanged between BBC and the City.
2. Grant Deed from BBC to City — to transfer fee title to property from BBC to the City
3. Quitclaim Deed from BBC to City — for BBC's interest in IW Lane, for public ROW purposes.
4. Construction Agreement — to ensure that BBC begins and timely finishes its expansion on the former Hole #18
5. City Dedication of Right -of -Way — to maintain public access and right-of-way use along Indian Wells Lane
6. ROW Easement from City to BBC — along IW Lane, similar to the ROW Dedication immediately above, to ensure that BBC has the right to access the Renaissance. 4 The additional parking lot is essential, especially with expectations of the vacant lot between Tommy Bahama Miramonte and the Indian Wells Resort Hotel to be developed in the near future.
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7. Cart -path Easement— for public access to ensure that the public has access, including future resort development to the east of the Renaissance.
8. Fifth Amendment to Easement Agreement — a two-party amendment to the IWGR Easement Agreement, as authorized by the Fourth Amendment with Hyatt, to change the boundary of the City -held Easement over the former Hole #18 to leave only two small remnants (one at the corner, where the City maintains the entry signage and fountain; and the other near the new parking lot that the City will receive in fee, to facilitate access to the underpass under the roundabout).
Note: the proposed transaction will convey fee title of property to the City and define the remainder Easement areas using metes -and -bounds legal descriptions, without a subdivision map, as the Subdivision Map Act allows. But the parties both recognize that a map would be a benefit in the future, so a map will be prepared and recorded following the exchange that reflects the new property lines and easements.
Legal descriptions of the property that the City would get in fee are complete. Legal descriptions of the two Easement remainder portions are in process. Staff recommends that the Council approve the exchange and authorize the City Manager, City Engineer, and City Attorney to finalize the legal descriptions of the remainder areas and to finalize the Exchange Agreement (Attachment No. 3) in substantially the same form as the attached, and the exhibits to the Exchange Agreement consistent with the terms of the Agreement; and authorize the City Manager to execute the Agreement and other implementing documents on the City's behalf, following execution by BBC.
Surplus Land Act
It is important to note that legal counsel has determined that amending the Easement Agreement to change the boundaries of the City's Easement over the former Hole #18 area is not subject to the California State Surplus Land Act, as the City is not the fee owner of the property, so it is not disposing of a fee interest; nor is does the City hold a long-term leasehold interest in the property. An easement is not an interest that is subject to the SLA. Even if an easement were subject to the SLA (which it is not), it would be impossible for the City to dispose of the Easement here to anyone else for the development of affordable housing because: the Easement is for the expressly limited purpose of constructing, operating, and maintaining a golf resort, which rules out housing of any kind; and the Easement is specific to the City, the only potential "buyer" or transferee of the Easement is the fee owner, BBC. Because the Easement is not an interest covered by the SLA, and because housing of any kind is impossible under the Easement, the proposed amendment to the Easement boundaries is not subject to the SLA.
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CITY COUNCIL STRATEGIC GOAL:
Approval of these terms implements three specific goals of the City Council's 2025 Strategic Plan:
1. Encourage Development and Tourism — "Continue discussions with Renaissance Esmere/da on Expansion of their Resort" — approval of these terms removes restrictions on BBC owned property and allows for future development in support of the Renaissance resort and generate new revenues to the City.
2. Indian Wells Golf Resort — "Parking Lot Expansion" — approval of these terms results in the City receiving 1 -acre of land contiguous to Indian Wells Lane for the construction of a City -owned parking facility for the Indian Wells Golf Resort.
3. Fiscal Responsibility and Sustainability — "Examine Opportunities to Expand and Diversify City Revenues" — future development of the former Hole #18 by BBC would allow for additional TOT generation and amenities that would support increased average daily rates and occupancy resulting in greater TOT.
OPTIONS:
The City Council may consider the following options:
1. Approve staff's recommendations to change the boundary of the Easement over the former Hole #18, subject to the terms outlined in this report; and
2. Reject staff's recommendation.
3. Provide alternative direction.
FISCAL IMPACT:
The City and BBC have agreed to evenly split mapping and surveying costs. The City contribution to this is estimated to be $50,000, with funds available in the Public Works Department Account No. 1018201-532000. The other 50 percent of these costs will be paid by BBC and held in a trust account with the City.
The City would receive a one-time $3 million payment from BBC, in addition to fee title to approximately 8.6 -acres of real property, and is projected to save $5,000 a month to maintain the former Hole #18.
BBC has provided financial projections for an increase in Transient Oriented Tax (TOT) and sales tax contributions to the City once the project is complete. It is anticipated that
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the new project will increase average daily rates (ADR) at the resort and increase occupancy of the resort, particularly during summer months. In review of the TOT projections provided by BBC, both the City's Finance Director and Kosmont Companies, a third party contracted by the City, verified the increase in TOT over the next ten years to be conservatively $3.9 million in new revenues.
Should the project fail to materialize by the agreed upon schedule of 36 months, then the City would receive $10,000 a month from BBC until the project is complete.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Approval of the proposed exchange is not a "project" under CEQA because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. (14 Cal. Code Regs. § 15378.) The exchange only changes fee ownership and easement rights to property. The amendment does not itself: authorize any construction or physical alteration of land; expand the existing golf -resort use; increase density or intensity of use; alter existing operations in a manner that could cause a physical environmental impact; or commit the City to any future physical changes to the environment. In the alternative, and to the extent that CEQA applies, approval of the exchange is exempt from CEQA under the common-sense exemption set forth in CEQA Guidelines (14 Cal. Code Regs.) section 15061(b)(3), because it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment. The amendment merely changes the nature of the City's possessory interest in the exchange properties from easement to fee and change the boundaries of its Easement over the former Hole #18; no new use or development or any other action that could affect the environment is part of the exchange. All future development will be subject to future approvals, once the development projects are defined and described, and will be subject to CEQA review at that time. The nature and scope of any future development is too speculative to analyze at this time. Therefore, no further environmental review is required. Moreover, approval of the proposed exchange is categorically exempt from CEQA under CEQA Guidelines sections 15301 "Existing Facilities" and 15315 "Minor Land Divisions" as the changing of an easement boundary and creation of one addition parcel will not materially cause a change in the existing uses of the area and any future development proposal will be independently evaluated for compliance with the CEQA.
ATTACHMENTS:
1. Aerial View of the Existing BBC Easement Granted to City
2. Aerial View of the Proposed Changes to the BBC Easement and New City Parcels
3. Exchange Agreement with Exhibits
City Council Meeting:
May 21, 2026 - Presentation
General Business Item I.4 z,
Approve Terms for an
Exchange of Real Property with
Renaissance Hotel
City of Indian Wells
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Renaissance Expansion (Conceptual)
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Terms for Property Exchange
City Receives
• City receives ownership of 8.6 acres of land
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• Approximately 6 -acres of land where Clubhouse, parking lots, and driving range is located.
• Approximately 1.6 acres of land inclusive of Indian Wells Lane from Highway 1 1 1 to IWGR, including the traffic circle to ensure that it remains open to the public as public ROW. • One acre on the former Hole #18 to construct a new parking lot for the Golf Resort. • One-time $3M payment from Renaissance to City.
• City keeps an easement to access new parking lot from golf cart path under IW Lane and to maintain IW Lane fountain.
• Renaissance agrees to timeline to submit project plan, construct, and complete Project to generate new TOT.
• Penalty of $1 0k/month if timeline not met.
• Project subject to appropriate entitlement process and public review. • City saves an additional $5k a month to not maintain Hole #18.
Renaissance Receives
• Release of easement on approximately 6.9 acres of their land. 1M
Proposed
Property
Exchange
New CitYkPjarcel`2
Staff Recommendation
1. Council APPROVES and AUTHORIZES the City Manager and City Attorney to finalize, make non -substantive changes, and execute an Exchange Agreement and related
documents between the City and the owner of the
Renaissance hotel, subject to acceptance and signature
by Renaissance; and
2. FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA
Guidelines §§ 15378, 15061, 15301, 15315.
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ATTACHMENT #1
Indian Wells Golf Resort - Existing Easement Granted to City by Renaissance Council Meeting Agenda- May 21, 2026
ATTACHMENT #2
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Indian Wells Golf Resort - Proposed Changes
Council Meeting Agenda- May 21, 2026
CITY Of
Council Meeting Agenda- May 21, 2026
ATTACHMENT #3
INDIAN WELLS GOLF RESORT
EXCHANGE AGREEMENT
BETWEEN THE CITY OF INDIAN WELLS
AND
BBC ESMERALDA, LLC
This Exchange Agreement (this "Agreement"), dated May 21, 2026, for reference purposes (the "Reference Date"), is made by and between the City of Indian Wells, a California charter city ("City"), and BBC Esmeralda, LLC, an Illinois formed limited liability company registered to do business in California ("BBC"). City and BBC may be herein referred to singularly as a "Party" or collectively as the "Parties."
RECITALS
A. In 1985 the Redevelopment Agency of the City of Indian Wells, Daon Corporation, Stouffer Investment Corporation, and GSH Limited, entered into that certain Easement Agreement dated April 8, 1985, and recorded in the Official Records of the Riverside County Recorder ("Official Records") on May 31, 1985 as Instrument No. 1985-117222 (the "Original Easement Agreement"), for the purpose of, among other things, facilitating the construction, operation, and maintenance of the Grand Hyatt Indian Wells Resort and Villas ("Hyatt"), the Renaissance Esmeralda Resort and Spa ("Esmeralda"), and two first-class championship golf courses with a clubhouse and other golf -related facilities as more particularly defined in the Original Easement Agreement as the "Golf Resort" and commonly known as the "Indian Wells Golf Resort." B. The Original Easement Agreement was subsequently amended by the Parties (or their predecessors) by each of the following:
1. A first Easement Agreement Amendment dated April 17, 1997, and recorded in the Official Records on April 23, 1997 as Instrument No. 1997-137528;
2. A Second Amendment to Easement Agreement dated April 14, 2002, and recorded in the Official Records on June 11, 2002 as Instrument No. 2002-317300; and
3. A third amendment titled Partial Termination of Easement Agreement, Complimentary Golf Agreement and G.C.E. Map References — and Consent to Travel Easement dated October 1, 2007, and recorded in the Official Records on October 19, 2007 as Instrument No. 2007-0648079.
C. The Original Easement Agreement as amended is referred to as the "Easement Agreement." Capitalized terms used but not defined herein have the meanings given in the Easement Agreement.
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D. BBC is the owner in fee of certain real property, referred to in the Easement Agreement as the BBC Property, comprised of Assessor's Parcel Numbers ("APNs") , located in the City of Indian Wells, County of Riverside, State of California and more fully described and depicted in Exhibit A attached hereto and made part of this Agreement ("BBC Property"). The City's easement under the Easement Agreement that affects the BBC Property is identified in the Easement Agreement as the "BBC Easement," and the portion of the BBC Property that it covers is the "BBC Easement Area."
E. BBC desires to obtain from City the release and termination of the BBC Easement over all of the BBC Property except for two portions of the BBC Property that are described and depicted in Exhibit B attached hereto and made a part of this Agreement (the "Retained Easement Areas").
This would terminate the City's right to use the rest of the BBC Easement Area (the "Released Easement Area").
F. City desires to acquire from BBC for City purposes certain portions of the BBC Property including:
(i) approximately 6.13 acres of land on and around the Indian Wells Golf Resort Clubhouse facilities and amenities (the "Clubhouse Land"), (ii) approximately one acre of land at the western -most portion of the former 18th hole of the Players Course (the "Parking Lot Land") for use as a parking lot, and (iii) approximately 1.63 acres of land consisting of BBC's interest in Indian Wells Lane from Highway 111 to the Indian Wells Golf Resort, including (as applicable) the traffic circle ("Indian Wells Lane Land"), all subject to the terms and conditions of this Agreement. The Clubhouse Land, Parking Lot Land and Indian Wells Lane Land are more fully described and depicted in Exhibit C attached hereto and made part of this Agreement, and shall be collectively referred to as the "BBC Exchange Property." The Clubhouse Land and the Parking Lot Land shall be, respectively, subject to a recorded deed restriction in each case as more fully set forth in Section 3.3 below.
G. Subject to the terms, conditions, restrictions, and conditions precedent set forth in this Agreement, City and BBC desire to effectuate an exchange whereby:
1. City acquires from BBC
a. The BBC Exchange Property and
b. The sum of $3,000,000.00 ("Exchange Consideration"); and
2. BBC obtains from City the use of the Released Easement Area free of the encumbrances created by the Easement Agreement.
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TERMS AND CONDITIONS
1. Exchange.
1.1 City and BBC agree to release and terminate the encumbrance of the Easement Agreement from the Released Easement Area contemporaneously with BBC's transfer of the BBC Exchange Property to City (together with all improvements, easements, rights of way, privileges, appurtenances and other rights pertaining to the BBC Exchange Property) and BBC's payment to City of the Exchange Consideration.
1.2 To accomplish termination of the BBC Easement over the Released Easement Area, as set forth in more detail in section 4.2 below, City and BBC will execute a two-party amendment to the Easement Agreement, as authorized by the Fourth Amendment to the Easement Agreement, to adjust the boundaries of the BBC Easement to only include the Retained Easement Areas.
2. Payment of Exchange Consideration
2.1 BBC shall pay to City the Exchange Consideration as follows:
(A) Within three business days following the Effective Date, the Parties shall open an escrow ("Escrow") with Morty Genson, Lincoln Title Company, located at One North LaSalle St., Suite 2010, Chicago, IL 60602, email:
[email protected] and telephone: (312) 782-5900 ("Escrow Holder") in connection with this Agreement ("Opening of Escrow") and within five business days after Opening of Escrow, BBC shall deposit, as part of the Exchange Consideration, the refundable amount of $300,000.00 into Escrow ("Initial Deposit") with interest to accrue in favor of BBC; and
(B) One business day prior to the date of the Closing (defined below), if this Agreement has not been earlier terminated, BBC shall deposit into Escrow the balance of the Exchange Consideration (the "Closing Amount").
2.2 If this Agreement is terminated for any reason other than BBC's default (following the expiration of the notice -and -cure period in section 10), Escrow Holder shall return the Initial Deposit and any accrued interest to BBC within one business day.
3. Title Matters
3.1 Title Report. Within 10 days after the Reference Date, BBC shall instruct Steward Title Company (the "Title Company") to deliver to City a preliminary title report (the "PR") for the BBC Exchange Property issued by the Title Company in the amount of the Exchange Consideration as insurance against loss on account of any defect or encumbrance in the title, unless herein excepted.
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3.2 Title Objections and Permitted Exceptions.
(A) The BBC Exchange Property is to be conveyed to City subject to any specific matters set forth in the PR unless objections regarding title matters (the "Title Objections") are delivered to BBC within 30 days of the City's receipt of the PR.
City shall specify such Title Objections in writing and the City's desired cure of each such Title Objection. City's failure to make such objections within said period will constitute a waiver by City of any objections to the marketability of title. (B) If City does timely provide written notice to BBC of Title Objections to title as disclosed by the PR, BBC shall have 30 days to either cure the Title Objections or notify the City in writing which Title Objections it will not cure. (C) Any matters reflected in the PR that are not timely objected to by the City as set forth herein shall be deemed to be "Permitted Exceptions." (D) Should BBC notify City that it will not cure any timely made Title Objections or should BBC fail to cure before Closing any timely made Title Objections that BBC agrees to cure before Closing in writing, City shall have the right to either (i) accept said uncured Title Objections and close on the contemplated exchange transaction (with no adjustment to the Exchange Consideration), in which case said uncured Title Objections shall be deemed Permitted Exceptions or (ii) terminate this Agreement upon written notice to BBC and Escrow Holder prior to the scheduled Closing date in which event Escrow Holder shall promptly return to BBC the Initial Deposit and any Closing Amount and thereafter the Parties shall be relieved of their respective rights and obligations under this Agreement except for any covenants that expressly survive the termination of this Agreement. (E) The Easement Agreement, Public ROW Dedication (defined below), BBC ROW Easement (defined below), and all easements and covenants set forth therein affecting the BBC Exchange Property and the restrictions on uses in the Deed shall be deemed Permitted Exceptions.
3.3 Deed Restrictions.
(A) The grant deed for the Clubhouse Land shall include a deed restriction (the "Clubhouse Land Deed Restriction") that requires that the Clubhouse Land only be used for the purposes set forth in the Easement Agreement, precluding the use of the Clubhouse Land for any lodging. The Clubhouse Land Deed Restriction shall run with the land in perpetuity.
(B) The grant deed for the Parking Lot Land shall include a deed restriction (the "Parking Lot Land Deed Restriction") that precludes the Parking Lot Land from
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any use other than a surface parking lot, including related landscaping, as further described in the grant deed. The Parking Lot Land Deed Restriction shall run with the land in perpetuity.
4. Conveyance. Before Closing (defined below), the following must occur:
4.1 Fourth Amendment to Easement Agreement. City, BBC, and Hyatt shall have executed a Fourth Amendment to Easement Agreement in substantially the same form as the attached Exhibit D.
4.2 Fifth Amendment to Easement Agreement Terminate Easement. City and BBC shall amend the Easement Agreement to adjust the boundaries of the City -held BBC Easement to only include the Retained Easement Areas, by a Fifth Amendment to Easement Agreement (the "Fifth Amendment") in the form of Exhibit E attached hereto and made part of this Agreement.
4.3 Deed to City. BBC shall convey to City fee simple title (subject to Permitted Exceptions) to the BBC Exchange Property, together with all improvements, easements, rights of way, privileges, appurtenances and other rights pertaining thereto, by grant deed (the "Deed") in the same or similar format as Exhibit F attached hereto and made part of this Agreement; provided that the Deed for the Clubhouse Land shall contain the Clubhouse Land Deed Restriction and Deed for the Parking Lot Land shall contain the Parking Lot Land Deed Restriction.
4.4 Exchange Consideration. BBC shall instruct Escrow Holder to convey to City the Exchange Consideration, including the Initial Deposit and the Closing Amount.
4.5 Survey and Legal Description Costs. BBC shall deposit and instruct Escrow Holder to convey to City funds in the amount of half of the City's actual costs of preparing a survey and legal descriptions for this Agreement.
4.6 Construction Agreement. BBC and City shall execute a Construction Agreement (defined below) in substantially the same form as Exhibit G.
4.7 BBC Dedication of Cart -Path Easement. BBC shall record a grant deed offering for dedication to the City for public golf -cart and pedestrian purposes only a perpetual non- exclusive easement over a certain six -foot -wide strip of land abutting the northern property line of the BBC Property, from the terminus of City's existing cart path through the Indian Wells Golf Resort driving range to the eastern property line of the BBC Property, as depicted by Exhibit H (the "Cart -Path Dedication").
4.8 City Dedication of Right -of -Way Easement. City shall record a grant deed dedicating a perpetual non-exclusive easement for public access via walking, running, biking, and golf carts along (i) existing cart paths located on the southern boundary of the Indian Wells Golf
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Resort adjacent to the driving range, (ii) through the tunnel crossing under Indian Wells Lane and the Indian Wells Lane traffic circle, and (iii) along and adjacent to the western boundary of Indian Wells Lane near the aforementioned tunnel (the "Public ROW Dedication"), in the same or similar format as Exhibit I attached hereto and made part of this Agreement. The City shall also record a right-of-way easement granting a non- exclusive easement to BBC (the "BBC ROW Easement") over the same land and for the same uses as the Public ROW Dedication, in the same or similar format as Exhibit J attached hereto and made part of this Agreement.
4.9 Property Taxes; Overlay Zone. On and after the Closing Date, BBC shall be relieved of all property taxes and assessments pertaining to the BBC Exchange Property. Without limiting the generality of the foregoing, on and after the Closing Date, BBC shall be relieved of any LLMD (lighting and maintenance district) levy with respect to the BBC Exchange Property.
5. Conditions Precedent to Closing.
5.1 Conditions. The following are conditions precedent (each, a "Condition Precedent") to the Parties' obligations to carry out the exchange transaction set forth in this Agreement. (A) City, BBC, and Hyatt shall have executed and acknowledged in recordable form in counterpart the Fourth Amendment to the Easement Agreement and it shall have been delivered to Escrow Holder for recording in the Official Records on the Closing Date. The Fourth Amendment must be recorded before any other document under this Agreement.
(B) Title Company shall be unconditionally committed to issue (at the City's cost and expense) a title policy to City upon the Closing in the form and with such permitted exceptions and endorsements as have been approved, or are deemed approved, by City as provided in Sections 5 and 6 of this Agreement (for the avoidance of doubt, Title Company's issuance of "extended" title policy coverage or any particular title endorsements shall not be deemed a Condition Precedent). (C) The Parties to this Agreement shall each have complied with such Party's duties and obligations contained in this Agreement, including but not limited to delivery to Escrow Holder of the documents listed in Exhibit K, and all representations and warranties contained in or made pursuant to this Agreement by either Party shall have been true and correct when made and shall be true and correct as of the Closing date.
(D) Prior to Closing, BBC shall have delivered to Escrow Holder an estimated Closing Amount. City shall have the right to review and either reasonably approve or disapprove the estimated Closing Amount, prior to Closing. If City reasonably
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disapproves the estimated Closing Amount, the Parties shall cooperatively work to conclude any discrepancies. City shall be deemed to have approved the estimated Closing Amount if City explicitly approves in writing the estimated Closing Amount or fails to disapprove the Closing Amount on the Closing Date. (E) City and BBC shall have executed and acknowledged in recordable form in counterpart the Fifth Amendment to the Easement Agreement and it shall have been delivered to Escrow Holder for recording in the Official Records on the Closing Date. This Fifth Amendment must be recorded after the Fourth Amendment referred to above.
(F) BBC shall have executed and acknowledged in recordable form the Deed and delivered it to Escrow Holder for recording in the Official Records on the Closing Date.
(G) City shall have executed and acknowledged in recordable form the Public ROW Dedication and delivered it to Escrow Holder for recording in the Official Records on the Closing Date.
(H) City shall have executed and acknowledged in recordable form the BBC ROW Easement and delivered it to Escrow Holder for recording in the Official Records on the Closing Date.
(I) BBC shall have executed and acknowledged in recordable form the Cart Path Dedication and delivered it to Escrow Holder for recording in the Official Records on the Closing Date.
(J)
The Parties shall have executed in counterpart and delivered to Escrow Holder a construction agreement for the timely completion of BBC's proposed expansion project ("Expansion Project") related to certain defined parcels (APNs 633-150- 044 and 633-150-071) (the "Construction Agreement"), in the same or similar format as Exhibit G attached hereto and made part of this Agreement.
5.2 Cure. If any Condition Precedent above is not satisfied to the reasonable satisfaction of the Party intended to benefit from such Condition Precedent ("Benefitted Party"), the Benefitted Party shall promptly provide written notice to the other Party of such failed Condition Precedent which shall be followed by a 15 -day cure period to satisfy the failed Condition Precedent. If the failed Condition Precedent is not cured to the reasonable satisfaction of the Benefitted Party within such 15 -day cure period, or cure is not initiated to the reasonable satisfaction of the Benefitted Party within such 15 -day cure period, the Benefitted Party may, in its sole and absolute discretion, terminate this Agreement at any time following the 15 -day cure period by delivering written notice of termination of this
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Agreement to the other Party and Escrow Holder. The Closing date shall be extended to accommodate the cure of any failed Condition Precedent during the 15 -day cure period.
6. Closing
6.1 Upon mutual execution of this Agreement, the Parties shall deposit an executed counterpart of this Agreement with Escrow Holder and this Section 6 shall serve as instructions to Escrow Holder for consummation of the exchange transaction contemplated hereby. In the event of any conflict between the provisions of the Agreement and any supplementary Escrow instructions signed by the Parties, the terms of this Agreement shall control.
6.2 The closing of the exchange transaction contemplated hereby ("Closing") shall take place at a mutually agreed -upon location and mutually agreed -upon date, but not later than 120 days after the Reference Date ("Closing Date").
6.3 Within two business days prior to Closing, each Party shall deliver to the Escrow Holder or the other Party the documents listed in Exhibit K.
6.4 To the extent that City is not already in possession of the same, BBC shall deliver possession of the BBC Exchange Property to City on the Closing Date.
6.5 At or before the Closing, the Parties shall deliver to Escrow Holder the following:
(A) Each Party shall deliver a closing statement duly executed by such Party; and (B) Each Party shall deliver evidence reasonably acceptable to Escrow Holder that the documents delivered by such Party have been duly authorized and executed on behalf of such Party and constitute valid and binding obligations of such Party. (C) The Parties shall each deposit such other funds or instruments as are reasonably required by Escrow Holder or otherwise required to close the Escrow and consummate the exchange contemplated herein.
6.6 At or before Closing, Escrow Holder shall ensure that each of the Fourth and Fifth Amendments to the Easement Agreement, Deed, Cart Path Dedication, Public ROW Dedication, and BBC ROW Easement has been recorded in that order in the Official Records ("Document Recording").
6.7 Absent breach or termination of this Agreement, upon close of Escrow and upon Escrow Holder's verification of Document Recording, Escrow shall distribute the Exchange Consideration, subject to adjustment pursuant to this Agreement, to City.
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7. Costs and Fees.
7.1 It is the intent of the Parties that each Party shall pay for its own transactional expenses related to this Agreement.
7.2 City shall be responsible for the payment of all recording taxes, documentary stamps, and other charges (if any) for recording the Deed; one-half of any closing or escrow fee charged by the Escrow Holder; and all of the title insurance premium for City's owner's title insurance policy (and the title search and abstract fees associated with said title insurance policy), the cost of an ALTA survey for the BBC Exchange Property (if so obtained), and any other third -party report obtained by the City.
7.3 BBC shall be responsible for one-half of any closing or escrow fee charged by the Escrow Holder; and all of the cost of an ALTA survey for the Released Easement Areas (if so obtained).
7.4 Each Party shall pay its respective costs for its own attorneys' fees for services related to the negotiation and preparation of this Agreement.
8. Ad Valorem Taxes. Ad valorem taxes and assessments associated with the BBC Exchange Property, if any, for the tax year in which the Closing occurs are to be prorated (on the basis of a 365 -day year) as of the date of Closing on the basis of the tax assessment for the tax year in which Closing occurs. All property taxes and assessments levied and assessed against the BBC Exchange Property shall have been paid by BBC before delinquency and shall be current as of Closing. BBC shall be liable for any and all property taxes and assessments and supplemental assessments received following Closing but assessed based upon matters occurring prior to Closing, and shall promptly pay same to the City upon receipt by BBC of a factually accurate billing invoice or demand therefor. BBC's obligation to pay such ratable share of the property taxes and assessments, if any, and such supplemental assessments, if any, shall survive Closing.
9. Representations and Warranties. All representations, warranties and covenants by the respective Parties contained herein are intended to and shall be deemed made as of the date of this Agreement and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive for a period of nine months after the later of the execution and delivery of this Agreement, the release and termination of all Released Easement Areas, the recording of the Deed and the Closing.
9.1 City. City makes the following representations and warranties, all of which are true as of the date of this Agreement's execution (unless otherwise specified) and shall also be true as of the Closing Date:
(A) Ownership. City has not (A) previously assigned, transferred or released its interest in the Easement Agreement, or (B) entered into any leases, licenses or other
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occupancy agreements, or any other contracts that would be binding on the Released Easement Areas as of Closing. City has the legal authority and capacity to enter into this Agreement and to release and terminate the Released Easement Areas. The execution and delivery of this Agreement and the performance by City of its obligations under this Agreement have been duly authorized by all requisite action and no further action or approval is required to constitute this Agreement as a binding and enforceable obligation of City. To the best of City's actual knowledge, the execution of this Agreement by City will not create a default of any kind for City, violate any restrictions which City is subject to, or violate any applicable code, resolution, law, judgment, regulation, statute, decree or rule. (B) No Action. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending against City, nor are any such proceedings contemplated by City. (C) No Representations as to Property. There are no representations, agreements, arrangements, or circumstances, oral or written, between the Parties relating to the subject matter contained in this Agreement that are not fully expressed in this Agreement, and, except as provided in this Agreement, City has not made and does not make any representation or warranty concerning any matter or thing affecting or relating to the Released Easement Areas, including but not limited to the fitness of the Released Easement Areas or of the BBC Property without the BBC Exchange Property for a particular use, its physical condition or any other matter. (D) Sale "AS -IS." Subject to the BBC's representations and warranties contained herein, City's election to acquire the BBC Exchange Property will be based solely upon and will constitute evidence of the City's independent investigation of the BBC Exchange Property, its use, development potential and suitability for the City's intended and permitted use, including (without limitation) the following: the feasibility of operating the BBC Exchange Property for the purposes intended by City; the availability, cost and adequacy of water, sewerage and any utilities serving or required to serve the BBC Exchange Property; the presence and adequacy of current or required infrastructure or other improvements on, near or affecting BBC Exchange Property; any surface, soil, subsoil, fill or other physical conditions of or affecting BBC Exchange Property, such as climate, geological, drainage, air, water or mineral conditions; the condition of title to the BBC Exchange Property; the existence of governmental laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of BBC Exchange Property for any existing or proposed development thereof including but not limited to zoning, building, subdivision, environmental or other such regulations; the necessity or availability of any general or specific plan amendments, rezoning, zoning variances, conditional use permits, building permits,
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environmental impact reports, agricultural use or restrictions and public reports, requirements of any improvement agreements; requirements of the California Subdivision Map Act (if applicable), and any other governmental permits, approvals or acts (collectively "Permits"); the necessity or existence of any dedications, taxes, fees, charges, costs or assessments which may be imposed in connection with any governmental regulations or the obtaining of any required Permits; the presence of endangered plant or animal species upon the BBC Exchange Property; and all of the matters concerning the condition, use, development or sale of BBC Exchange Property. The City acknowledges that prior to Closing it was in possession of and had control over the BBC Exchange Property.
City's Initials:
(E) Release. Except with respect to a default by BBC hereunder (including a breach of BBC's warranties and representations), City hereby fully and irrevocably releases BBC, its managers, members, agents and affiliates from any and all claims that City and/or any party claiming by, through or under City (each, a "City Related Party") may have or thereafter acquire against BBC, its managers, members or affiliates for any cost, loss, liability, damage, expense, demand, action or cause of action ("Claims") arising from or related to any matter of any nature relating to the BBC Exchange Property including, without limitation, the physical condition of the BBC Exchange Property, any latent or patent construction defects, errors or omissions, compliance with law matters, hazardous substances and other environmental matters within, under or upon, or in the vicinity of the BBC Exchange Property, including, without limitation, any applicable environmental laws. The foregoing release by City and the City Related Parties shall include, without limitation, any Claims that City and/or the City Related Parties may have pursuant to any statutory or common law right City may have to receive disclosures from BBC, including, without limitation, any disclosures as to the BBC Exchange Property's location within areas designated as subject to flooding, fire, seismic or earthquake risks by any federal, state or local entity, the presence of hazardous substances on or beneath the BBC Exchange Property, the need to obtain flood insurance, the certification of water heater bracing and/or the advisability of obtaining title insurance, or any other condition or circumstance affecting the BBC Exchange Property, its financial viability, use or operation, or any portion thereof. This release includes Claims of which City is presently unaware or which City does not presently suspect to exist in its favor which, if known by City, would materially affect City's release of BBC, its managers, members and affiliates. In connection with the general release set forth in this paragraph, City at Closing expressly waives its rights granted under California Civil Code Section 1542, which provides as follows:
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"A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS THAT THE CREDITOR OR RELEASING
PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY."
City's Initials:
9.2 BBC. BBC makes the following representations and warranties, all of which are true as of the date of this Agreement's execution (unless otherwise specified) and shall also be true as of the Closing Date:
(A) Ownership. BBC is the sole owner of fee title to the BBC Exchange Property. BBC is a limited liability company duly organized, validly existing, in good standing under the laws of Illinois, and has the legal authority and capacity to enter into this Agreement and to transfer the BBC Exchange Property. The execution and delivery of this Agreement and the performance by BBC of its obligations under this Agreement have been duly authorized by all requisite action and no further action or approval is required to constitute this Agreement as a binding and enforceable obligation of BBC. To the best of BBC's actual knowledge, the execution of this Agreement by BBC will not create a default of any kind for BBC, violate any restrictions which BBC is subject to, or violate any applicable code, resolution, law, judgment, regulation, statute, decree or rule.
(B) No Action. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending against BBC, nor are any such proceedings contemplated by BBC. (C) No Representations as to Property. There are no representations, agreements, arrangements, or circumstances, oral or written, between the Parties relating to the subject matter contained in this Agreement that are not fully expressed in this Agreement, and BBC has not made and does not make any representation or warranty concerning any matter or thing affecting or relating to the BBC Exchange Property, including but not limited to its fitness for a particular use, its physical condition or any other matter.
(D) Sale "AS -IS." Subject to the City's representations, warranties and covenants contained herein or in the other documents to be delivered at Closing, BBC's request to obtain the release and termination of the Released Easement Areas will be based solely upon and will constitute evidence of the BBC's independent
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investigation of the Released Easement Areas and the use, development potential and suitability of the BBC Property without the BBC Exchange Property for BBC's intended use, including (without limitation) the following: the feasibility of operating the BBC Property (without the BBC Exchange Property) for the purposes intended by BBC; the availability, cost and adequacy of water, sewerage and any utilities serving or required to serve the BBC Property (without the BBC Exchange Property); the presence and adequacy of current or required infrastructure or other improvements on, near or affecting the BBC Property (without the BBC Exchange Property); any surface, soil, subsoil, fill or other physical conditions of or affecting the BBC Property (without the BBC Exchange Property), such as climate, geological, drainage, air, water or mineral conditions; the condition of title to the BBC Property (without the BBC Exchange Property); the existence of governmental laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the BBC Property (without the BBC Exchange Property) for any existing or proposed development thereof including but not limited to zoning, building, subdivision, environmental or other such regulations; the necessity or availability of any general or specific plan amendments, rezoning, zoning variances, conditional use permits, building permits, environmental impact reports, agricultural use or restrictions and public reports, requirements of any improvement agreements; requirements of the California Subdivision Map Act (if applicable), and any other governmental permits, approvals or acts (collectively "Permits"); the necessity or existence of any dedications, taxes, fees, charges, costs or assessments that may be imposed in connection with any governmental regulations or the obtaining of any required Permits; the presence of endangered plant or animal species upon the BBC Property (without the BBC Exchange Property); and all of the matters concerning the condition, use, development or sale of the BBC Property (without the BBC Exchange Property).
BBC's Initials:
(E) Release. Except with respect to a default by City hereunder (including a breach of City's warranties and representations), BBC hereby fully and irrevocably releases City, its managers, members and affiliates from any and all claims that BBC and/or any party claiming by, through or under BBC (each, a "BBC Related Party") may have or thereafter acquire against City, its managers, members or affiliates for any cost, loss, liability, damage, expense, demand, action or cause of action ("Claims") arising from or related to any matter of any nature relating to the Released Easement Areas including, without limitation, the physical condition of the BBC Property (without the BBC Exchange Property), any latent or patent construction defects, errors or omissions, compliance with law matters, hazardous substances and other environmental matters within, under or upon, or in the vicinity of the BBC Property
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(without the BBC Exchange Property), including, without limitation, any applicable environmental laws. The foregoing release by BBC and the BBC Related Parties shall include, without limitation, any Claims that BBC or the BBC Related Parties may have pursuant to any statutory or common law right BBC may have to receive disclosures from City, including, without limitation, any disclosures as to the BBC Property's location within areas designated as subject to flooding, fire, seismic or earthquake risks by any federal, state or local entity, the presence of hazardous substances on or beneath the BBC Property (without the BBC Exchange Property), the need to obtain flood insurance, the certification of water heater bracing or the advisability of obtaining title insurance, or any other condition or circumstance affecting the BBC Property (without the BBC Exchange Property), its fmancial viability, use or operation, or any portion thereof. This release includes Claims of which BBC is presently unaware or which BBC does not presently suspect to exist in its favor which, if known by BBC, would materially affect BBC's release of City, its managers, members and affiliates. In connection with the general release set forth in this paragraph, BBC at Closing expressly waives its rights granted under California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS THAT THE CREDITOR OR RELEASING
PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY."
BBC's Initials:
10. Default. If any of the specific representations, warranties or covenants of either Party that are contained in this Agreement proves to be untrue in any material respect, or if either Party fails to perform its obligations at or prior to Closing, and the defaulting Party fails to cure such default within 15 business days from receipt of written notice from the non -defaulting Party, the non - defaulting Party may elect, in its sole and absolute discretion to either (i) waive such default and both Parties shall proceed with Closing of the transactions contemplated by this Agreement, or (ii) terminate this Agreement by delivering to the defaulting Party three business days' notice of such default the non -defaulting Party's election to terminate this Agreement in which event no Party shall have any further rights or obligations under this Agreement, and no obligations arising from this Agreement shall survive the termination of this Agreement except any obligations that arise pursuant to any indemnity provisions in this Agreement, or (iii) the non -defaulting Party may seek specific performance of this Agreement .
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11. Condemnation and Destruction. If, on or before the Closing Date, any portion of the BBC Exchange Property is the subject of a pending or contemplated taking by eminent domain which has not been consummated (other than an action by City or any agency under City's control) or if the BBC Exchange Property has been materially damaged or destroyed, BBC shall notify City within five business days of obtaining knowledge of such fact, and City shall have the option to terminate this Agreement upon giving written notice to BBC prior to Closing. In the event that BBC notifies City of a condition under this Section 11, and City does not exercise its option to terminate this Agreement, the Parties to this Agreement shall remain bound by this Agreement, the BBC Exchange Property that is the subject of the notification shall be transferred at Closing, and City shall be entitled to receive and keep all awards for the taking by eminent domain described in said notice (provided the condemning party is not City or any agency under City's control) or all insurance proceeds payable as a result of such destruction or damage.
12. Notices.
12.1 All notices, requests, consents and other communications hereunder shall be in writing and shall be personally delivered, or delivered by overnight courier, or mailed by first class, registered or certified mail, return receipt requested, or postage prepaid, as follows:
(A) Notice to BBC:
Renaissance Esmeralda Resort
44-400 Indian Wells Lane
Indian Wells, CA 92210
Attn: General Manager
(T) 760.836.1240
(F) 760.836.1287
(B) With a Courtesy Copy to: BBC Esmeralda, LLC
c/o Bixby Bridge Capital, LLC
555 Skokie Boulevard, Suite 555
Northbrook, IL 60062
Attn: David Rotenberg
Attn: David Williams
(T) 847.313.6492
(F) 847.498.7893
(C) With a Courtesy Copy to: Procopio, Cory, Hargreaves & Savitch LLP 12544 High Bluff Drive, Suite 400
San Diego, CA 92130
Attn: David Crawford
(T) 619.525.3879
(D) Notice to City: City of Indian Wells
44-950 Eldorado Drive
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Indian Wells, CA 92210
Attn: City Manager
(T) 760.346.2489
(F) 760.346.0407
(E) With a Courtesy Copy to: Best Best & Krieger, LLP
2855 East Guasti Road Suite 400
Ontario, CA 91761
Attn: Todd Leishman
(T) 949.263.6576
12.2 Any such notice, request, consent or other communications shall be deemed received at such time as it is actually delivered, on the first business day following an overnight delivery, or on the fifth business day after a mailing, as the case may be.
12.3 Either Party to this Agreement may change the address for receiving notices hereunder by notice sent in accordance with the terms of this Section 12.
12.4 A defect in delivery of a courtesy notice is not a defect in notice to a Party. A courtesy notice may be delivered to a courtesy -copy recipient by email. Nothing in this agreement prevents a party from giving an emailed courtesy copy to a Party, in addition to the actual notice delivered by one of the methods listed above.
13. Broker. The Parties each warrant to each other that no broker is entitled to commission arising out of or related to the transactions contemplated by this Agreement, and that each Party will indemnify and hold the other Party harmless of any demand, claim, or other obligation asserted by any person for a brokerage commission through such Party.
14. Miscellaneous
14.1 Recitals and Exhibits. The recitals and the exhibits are fully incorporated into the terms and made an integral part of this Agreement as if they were typed out in the body of this Agreement.
14.2 Publicity and Confidentiality. BBC acknowledges that City is a public entity and that this Agreement shall be a matter of public record, presented at a public meeting which has been properly agendized, and available for review by the public under the Public Records Act.
Notwithstanding the foregoing, City and BBC mutually agree to not make any public announcements regarding the transactions contemplated by this Agreement prior to Closing without the written approval from the other Party.
14.3 Standstill. While this Agreement is in effect, BBC will not actively market, sell or encumber the BBC Exchange Property in any manner, will not accept, negotiate or
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entertain any other offers for the BBC Exchange Property and will maintain the BBC Exchange Property in its current condition and in compliance with applicable laws.
14.4 Assignment. No Party shall have the right to assign this Agreement without the non - assigning Party's written consent or approval.
14.5 Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors, heirs, administrators and assigns.
14.6 Modification. This Agreement may be modified only by a written amendment executed by both Parties.
14.7 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and venue for any filing in court, state or federal, shall be Riverside, California.
14.8 Entire Agreement. This Agreement and the exhibits attached hereto constitute the entire agreement between the Parties and supersede all prior agreements and understandings between the Parties relating to the subject matter hereof.
14.9 Time. Time is of the essence of this Agreement.
14.10 Severability. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
14.11 Waiver. The waiver by any Party to this Agreement of the breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach, whether of the same or another provision of this Agreement. No waiver shall be effective unless in writing by the waiving Party.
14.12 Counterparts, Signatures. This Agreement may be executed in a number of identical counterparts. Each of the counterparts will be deemed an original for all purposes and all counterparts will collectively constitute one Agreement. A Party may sign this Agreement electronically.
14.13 Negotiated. This Agreement has been negotiated at arm's length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the Party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the Parties and this Agreement.
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14.14 No Third -party Beneficiary. This Agreement is for the sole benefit of the Parties, their respective successors and permitted transferees and assignees, and no other person or entity shall be entitled to rely upon or receive any benefit from this Agreement.
15. List of Exhibits Attached Hereto and Incorporated by Reference Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Description & Depiction of BBC Property
Description & Depiction of Retained Easement Areas
Description & Depiction of BBC Exchange Property
Form of Fourth Amendment to Easement Agreement
Form of Fifth Amendment to Easement Agreement
Form of Grant Deed
Form of Construction Agreement
Form of Dedication of Cart Path Easement
Form of Public ROW Dedication
Form of BBC ROW Easement
Deliveries at Closing
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO
INDIAN WELLS GOLF RESORT
EXCHANGE AGREEMENT
BETWEEN THE CITY OF INDIAN WELLS
AND
BBC ESMERALDA, LLC
IN WITNESS WHEREOF, BBC and City have executed this Agreement.
CITY:
THE CITY OF INDIAN WELLS
By:
Dr. Chris Freeland
City Manager
ATTEST
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger, City Attorney
BBC:
BBC ESMERALDA, LLC
By:
Name:
Title:
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EXHIBIT A
DESCRIPTION & DEPICTION OF BBC PROPERTY
[To be provided and confirmed by city engineer before execution] Exhibit A
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EXHIBIT B
DESCRIPTION & DEPICTION OF RETAINED EASEMENT AREAS
[To be provided and confirmed by city engineer before execution] Exhibit B
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EXHIBIT C
DESCRIPTION & DEPICTION OF BBC EXCHANGE PROPERTY
[To be provided and confirmed by city engineer before execution] Exhibit C
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EXHIBIT D
FORM OF FOURTH AMENDMENT TO EASEMENT AGREEMENT
Exhibit D
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Final
No Recording Fees Required Per
Government Code Section 27383
RECORDED AT THE REQUEST OF:
The City of Indian Wells
City Clerk
44-950 Eldorado Drive
Indian Wells, CA 92210
WHEN RECORDED RETURN TO:
The City of Indian Wells
City Clerk
44-950 Eldorado Drive
Indian Wells, CA 92210
FOURTH AMENDMENT TO EASEMENT AGREEMENT
May 2026
This Fourth Amendment to Easement Agreement (this "Fourth Amendment"), dated May , 2026, is entered into by BBC ESMERELDA, LLC, an Illinois limited liability company registered to do business in California ("BBC"), INDIAN WELLS HOTEL OWNER LLC dba Grand Hyatt Indian Wells Resort & Spa, a Delaware limited liability company registered to do business in California ("Hyatt"), and THE CITY OF INDIAN WELLS, a California charter city ("City"). BBC and Hyatt are sometimes referred to as the "Grantors." BBC, Hyatt and City are individually referred to as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the Parties hereto (or their respective predecessors -in -interest) previously entered into that certain Easement Agreement dated April 8, 1985 and recorded on May 31, 1985 as Instrument No. 117222 (the "Original Easement Agreement") in the Official Records of Riverside County, California (the "Official Records"). The Original Easement Agreement was subsequently amended by the Parties by each of the following:
1. A first Easement Agreement Amendment dated April 17, 1997, and recorded in the Official Records on April 23, 1997 as Instrument No. 1997-137528; 135129-00000001/10252445.4
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2. A Second Amendment to Easement Agreement dated April 14, 2002, and recorded in the Official Records on June 11, 2002 as Instrument No. 2002-317300; and
3. A third amendment titled Partial Termination of Easement Agreement, Complimentary Golf Agreement and G.C.E. Map References — and Consent to Travel Easement dated October 1, 2007, and recorded in the Official Records on October 19, 2007 as Instrument No. 2007-0648079.
WHEREAS, The Original Easement Agreement as amended is referred to as the "Easement Agreement").
WHEREAS, BBC is the successor in interest to INDIAN WELLS GOLF RESORT JOINT VENTURE, which itself was successor in interest to DAON CORPORATION and STOUFFER INVESTMENT CORPORATION, named parties to the Original Easement Agreement; WHEREAS, Hyatt is the successor in interest to H.E. INDIAN WELLS, L.L.C., which itself was successor in interest to GRAND CHAMPIONS LLC, which itself was successor in interest to DESERT HORIZONS, INC. and GSH LIMITED, named parties to the Original Easement Agreement;
WHEREAS, the City of Indian Wells is the successor to the Redevelopment Agency of the City of Indian Wells, named party to the Original Easement Agreement; WHEREAS, the Parties or their predecessors developed and executed the "Complimentary Golf Policy for the Indian Wells Golf Resort" dated, January 7, 1993, as amended and restated by the "First Amendment to Complimentary Golf Policy for the Indian Wells Golf Resort" dated, May 6, 1993, as amended and restated by the "Reduced Golf Fee Policy for the Golf Resort at Indian Wells" dated, April 17, 1997, as amended and restated by the "Complimentary Golf Agreement for the Indian Wells Golf Resort" dated, July 1, 2020 (the "Complimentary Golf Agreement");
WHEREAS, the Parties intended for the Complimentary Golf Agreement to govern the Parties as to its subject matter, and the Parties now intend to clarify that the Complimentary Golf Agreement supersedes Section 28 of the Easement Agreement to the extent that a terms in Section 28 conflict with those of the Complimentary Golf Agreement, and moreover that neither Grantor has any control or approval authority regarding the setting of fees for individuals not associated with a Grantor;
WHEREAS, the Parties intend to amend the Easement Agreement so that a Grantor's consent is not required to approve an amendment to the Easement Agreement when the amendment 135129-00000001/10252445.4
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only changes the boundaries of a City -held easement over the other Grantor's property as further described herein.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, it is agreed as follows:
1. Definitions. Except as provided herein, all capitalized terms used in this Fourth Amendment shall have the meanings set forth in the Easement Agreement.
2. Global Amendments to Reflect Successors -in -Interest. The Easement Agreement is hereby amended as follows:
(a) All references in the Easement Agreement to "Indian Wells Golf Resort Joint Venture" or "IWGRJV" are hereby changed to "BBC ESMERELDA, LLC" or "BBC," respectively.
(b) All references in the Easement Agreement to "Grand Champions, LLC" or "Champions" are hereby changed to "INDIAN WELLS HOTEL OWNER LLC" or "Hyatt," respectively.
(c) All references (including references in any defined terms that include any such terms) in the Easement Agreement to the "Redevelopment Agency of the City of Indian Wells" are hereby changed to "The City of Indian Wells." (d) All references (including references in any defined terms that include any such terms) in the Easement Agreement to "IWGRJV" are hereby changed to "BBC" and references to "Champions" are hereby changed to "Hyatt." Without limiting the foregoing, but by way of example for purposes of clarification, all references in the Easement Agreement to the "IWGRJV Easement Area" are changed to the "BBC Easement Area."
3. Amendments to Specific Sections of the Easement Agreement (a) Section 20 of the Easement Agreement is hereby amended and replaced in full with the following quoted text:
"20. Entire Agreement; Modification.
20.1 This Agreement and the Complimentary Golf Agreement contain the entire agreement between the parties relating to the subject of this Agreement. 135129-00000001/10252445.4
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20.2 Except as otherwise provided herein, this Agreement may be modified only by a written and recorded Agreement signed by all parties or their respective heirs, successors or assigns.
20.3 Two -Party Amendments
20.3.1 Notwithstanding the above, no consent by a Grantor is required to amend this Agreement if the amendment only changes the boundaries of a City -held easement over property owned by the other Grantor and the change to the boundaries of a City - held easement over property owned by the other Grantor does not:
(i) Have an adverse effect on the ingress or egress to or from the other Grantor's property to or from the Golf Resort or any public right-of-way, including Indian Wells Lane (or to any successor public right-of-way from a Grantor's property to Highway 111); (ii) Alter the City's obligations under the Easement
Agreement, including, without limitation:
(A) The City's obligation to "use the Golf Resort
Property only for the purpose of constructing, operating and maintaining the Golf Resort" under § 4,
(B) The City's obligation to comply with "the
Maintenance and Operation Standard" under § 6),
(C) The City's obligation to "operate and maintain
. . . two first-class 18 -hole championship golf courses with club house and other customary ancillary facilities" under § 2, and
(D) The City's obligations with respect to "High
Visibility Areas" under §§ 5.2 and 5.3; or
(iii) Alter a Grantor's rights and remedies with respect to City obligations under the Easement Agreement.
20.3.2 Thus, subject to the conditions in section 20.3.1, BBC's consent is not required for an amendment to this Agreement that only alters the boundaries of a City -held easement over property owned by Hyatt; and Hyatt's consent is not required for an amendment to this Agreement that only alters the boundaries of a City -held easement over property owned by BBC.
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20.3.3 A two -Party amendment to this Agreement described in this Section 20.3 only changes the boundaries of a City -held easement governed by this Agreement; for the avoidance of doubt, this Section 20.3 has no effect on any Party's rights or obligations with respect to the City's obligations under the Easement Agreement.
20.3.4 While consent of the non -owner Grantor is not required for a two -Party amendment to this Agreement described in this Section 20.3, the Parties to a two -Party amendment must provide a copy of the amendment to the non -owner Grantor at least 5 business days prior to executing the amendment."
(b) Section 27.2 of the Easement Agreement is hereby amended and replaced in full with the following quoted text:
"27.2 Use of Easement Areas.
27.2.1 BBC and Hyatt each acknowledge that they have
each been granted various perpetual rights and privileges by this Agreement with respect to the Golf Resort and Golf Resort Property, which rights and privileges have been made covenants running with the land by this Agreement, including, without limitation, the right to approve construction of the High Visibility Areas, the right to enforce the Maintenance and Operation Standard, and the rights to priority use of the Golf Resort. BBC and Hyatt agree that each of them, and their employees, designated invitees, contractors, and hotel guests may use the other's Easement Area as is reasonably necessary to permit their perpetual enjoyment of the rights and privileges granted to each of them under this Agreement. BBC and Hyatt shall at all times have the right of reasonable ingress and egress over the other's Easement Area for the purpose described above. The Reciprocal Cross Easements are for the limited and exclusive use and purpose described above and no other use may be made of the Easement Areas without the written approval of that Grantor whose Easement Area is to be affected.
27.2.2 For the avoidance of doubt, neither Grantor shall have any input, discretion, authority, or right of approval under this Agreement over what the other Grantor constructs on property owned by that other Grantor." 135129-00000001/10252445.4
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(c) A new Section 28.0 is hereby added to the Easement Agreement before Section 28.1, with the following quoted text:
"28.0 Complimentary Golf Agreement.
28.0.1 The Parties, or their predecessors, entered into and the Parties are also governed by the Complimentary Golf Agreement. If any term of this Agreement conflicts with the Complimentary Golf Agreement, the Complimentary Golf Agreement prevails.
28.0.2 Notwithstanding anything else in this Agreement or in any other agreement (including the Complimentary Golf Agreement), neither Grantor has the right or discretion to alter, amend, deny, change, or otherwise control the golf fees charged to individuals who are not associated with BBC or Hyatt. If there is any conflict between this paragraph and the terms of this Agreement, the Complimentary Golf Agreement, or of any other agreement previously entered into, the terms of this paragraph govern the Parties. But nothing in this Agreement makes any other change to the Complimentary Golf Agreement, and all terms of the Complimentary Golf Agreement that do not conflict with this paragraph remain in full force and effect."
(d) Section 24 of the Easement Agreement is hereby amended and replaced in full with the following quoted text:
"24. Notices and Approvals.
24.1 Any approval, disapproval, demand, document or other notice ("notice") that any party may desire, or is required, to give to another party must be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of the party set forth below, or at any other address as the parties may later designate in accordance with the terms of this paragraph:
To BBC:
With copy to:
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Renaissance Esmeralda Resort
44-400 Indian Wells Lane
Indian Wells, CA 92210
Attn: General Manager
(T) (760) 836-1240
(F) (760) 836-1287
BBC Esmerelda, LLC
c/o Bixby Bridge Capital, LLC
555 Skokie Boulevard, Suite 225
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Northbrook, IL 60062
Attn: David Rotenberg
Attn: David Williams
(T) (847) 313-6492
(F) (847) 498-7893
With a courtesy copy to:
To Hyatt:
Procopio Cory Hargreaves & Savitch
525 B Street, Suite 2200
San Diego, CA 92101
Attn: David Crawford
Attn: Jordan Ferguson
(T) (619) 525-3879
c/o Trinity GP Fund I GP, LLC
2982 Grand Ave, Suite 203
Miami, FL 33133
Attn: Sean Hehir
With a courtesy copy to: c/o Trinity GP Fund I GP, LLC
9401 Wilshire Boulevard, Suite 700
Beverly Hills, CA, 90212
Attn: Jeffrey Barry
(T) (213) 318-0581
With a courtesy copy to: Gibson, Dunn & Crutcher LLP
811 Main Street, Suite 3000
Houston, TX 77002
Attn: Kimberly Schlanger
(T) (346) 718-6611
To the City: City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210
Attn: Executive Director
(T) (760) 346-2489
(F) (760) 346-0407
With courtesy copy to: Best Best & Krieger
2855 East Guasti Road, Suite 400
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Ontario, CA 91761
Attn: Todd Leishman
(T) (949) 263-6576
24.2 Any notice given under this paragraph, whether personally or by mail, shall be deemed received only upon actual receipt by the intended party. A defect in providing a courtesy copy is not a defect in notice to the recipient Party." (e) Section 4 of the Easement Agreement is hereby amended and replaced in full with the following quoted text:
"4. Restricting Use of Golf Resort Property.
4.1 Agency herein agrees, for the mutual benefit of the Servient Properties, to use the Golf Resort Property only for the purpose of constructing, operating and maintaining the Golf Resort.
4.2 If the fee simple interest to any portion of BBC or Hyatt's property that is part of an Easement Area under this Agreement is subsequently conveyed to the City, the City, or its successors -in -interest, shall continue to use that conveyed property solely for Golf Resort purposes as set forth in this Agreement. No conveyed property may be developed with any lodging use."
4. Authorized Signature. Each Party represents and warrants that the individual executing this Fourth Amendment is authorized to execute and deliver this Fourth Amendment on behalf of that Party in accordance with a duly adopted resolution of the Party's board of directors or other governing body and in accordance with that Party's articles of incorporation or charter and bylaws. The Parties each represent and warrant that they have passed any authorizing resolutions or taken such further action as is necessary to authorize and give effect to the terms of this Fourth Amendment under any applicable state or local laws, statutes, rules, regulations, or ordinances.
5. Counterparts. This Fourth Amendment may be signed in multiple counterparts, which, when signed by all Parties, constitute a binding agreement. Parties may sign electronically.
6. No Further Modification. Except as expressly modified herein, all terms of the Easement Agreement as amended remain in full force and effect. From and after the full execution of this Fourth Amendment, whenever the term "Agreement" appears in the Easement Agreement, it means the Agreement as amended by this Fourth Amendment and all prior amendments. 135129-00000001/10252445.4
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7. Effective Date. This Fourth Amendment takes effect upon the occurrence of both of the following:
(a) Execution by each of the Parties; and
(b) Recordation of a deed conveying all of BBC's interest in Indian Wells Lane to the City for public right-of-way purposes.
(Signatures and attestations on following pages)
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IN WITNESS THEREOF, each of the parties has caused this Fourth Amendment to be executed on their behalf by their duly authorized officers.
THE CITY OF INDIAN WELLS
By: Date:
Dr. Chris Freeland
City Manager
ATTESTED BY:
By: Date:
Angelica Avila
City Clerk
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BBC:
By: BBC ESMERELDA, LLC
By: Date:
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me, , Notary
Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
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HYATT:
By: INDIAN WELLS HOTEL OWNER
LLC, Delaware limited liability company
By: Dated:
Print Name:
Print Title:
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me, , Notary
Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
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EXHIBIT E
FORM OF FIFTH AMENDMENT TO EASEMENT AGREEMENT
Exhibit E
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RECORDING REQUESTED BY
AND RETURN TO:
CITY OF INDIAN WELLS
Attn: City Manager
44-950 Eldorado Drive
Indian Wells, CA 92210
Affected APN's: Exempt from Recording Fees per Govt. Code §27383 Exempt from Transfer Tax per R&T Code § 11922
FIFTH AMENDMENT TO EASEMENT AGREEMENT
May 2026
This Fifth Amendment to Easement Agreement (this "Fifth Amendment"), effective , 2026, is entered into by BBC ESMERELDA, LLC, an Illinois limited liability company registered to do business in California ("BBC"), and THE CITY OF INDIAN WELLS, a California charter city ("City"). BBC and City are individually referred to as a "Party" and collectively as the "Parties."
1. Background
The City, BBC, and H.E. Indian Wells, LLC dba Hyatt Regency Indian Wells Resort aAnd Spa, an Illinois limited liability company registered to do business in California ("Hyatt") (or their respective predecessors -in -interest) previously entered into that certain Easement Agreement dated April 8, 1985 and recorded on May 31, 1985 as Instrument No. 117222 (the "Original Easement Agreement") in the Official Records of Riverside County, California. The Original Easement Agreement was subsequently amended by the Parties by each of the following:
1. A first Easement Agreement Amendment dated April 17, 1997, and recorded in the Official Records on April 23, 1997 as Instrument No. 1997-137528;
2. A Second Amendment to Easement Agreement dated April 14, 2002, and recorded in the Official Records on June 11, 2002 as Instrument No. 2002-317300; and
3. A third amendment titled Partial Termination of Easement Agreement, Complimentary Golf Agreement and G. C.E. Map References — and Consent to Travel Easement dated October 1, 2007, and recorded in the Official Records on October 19, 2007 as Instrument No. 2007-0648079.
4. A Fourth Amendment to Easement Agreement, dated , 2026, in the Official Records on , 2026, as Instrument No. 2026-
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The Original Easement Agreement as amended is referred to as the "Easement Agreement").
As amended by the Fourth Amendment, under the Easement Agreement "Hyatt's consent is not required for an amendment [to the Easement Agreement] that only alters a City -held easement over property owned by BBC." (§ 20.)
The City and BBC now desire to amend the Easement Agreement, only to alter the City - held easement over property owned by BBC.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties hereto, it is agreed as follows:
1. Termination of City -held Easements over BBC Property. Exhibits E and F to the Easement Agreement are hereby replaced in their entirety with the revised exhibits that are attached.
[Attach new Exhibits E and F that include only the small Retained Easement Areas (omitting the Released Easement Area) ]
2. Other Terms.
a. Each Party represents and warrants that the individual executing this Fifth Amendment is authorized to execute and deliver this Fifth Amendment on behalf of that Party in accordance with a duly adopted resolution of the Party's board of directors or other governing body and in accordance with that Party's articles of incorporation or charter and bylaws. b. This Fifth Amendment may be signed in multiple counterparts, which, when signed by all Parties, constitutes a binding agreement. It may be signed electronically. c. Except as expressly modified herein, all terms of the Easement Agreement as amended shall remain in full force and effect.
d. From and after the full execution of this Fifth Amendment, whenever the term "Agreement" appears in the Easement Agreement, it means the Agreement as amended by this Fifth Amendment and all prior amendments.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO:
FIFTH AMENDMENT TO EASEMENT AGREEMENT
IN WITNESS THEREOF, each of the Parties has caused this Fifth Amendment to be executed on their behalf by their duly authorized officers.
THE CITY OF INDIAN WELLS
By: Dated:
Dr. Chris Freeland
City Manager
ATTEST:
By: Dated:
City Clerk
APPROVED AS TO FORM:
By: Dated:
Best, Best & Krieger, City Attorney
BBC:
By: BBC ESMERELDA, LLC
ttl
By: Dated:
[Notary Block for BBC]
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EXHIBIT F
FORM OF GRANT DEED
FROM BBC TO CITY
FOR FEE TITLE TO BBC EXCHANGE PROPERTY
Exhibit F
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RECORDING REQUESTED BY
AND RETURN TO:
CITY OF INDIAN WELLS
Attn: City Manager
44-950 Eldorado Drive
Indian Wells, CA 92210
Affected APN's: Exempt from Recording Fees per Govt. Code §27383 Exempt from Transfer Tax per R&T Code § 11922
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, BBC ESMERALDA, LLC, an Illinois formed limited liability company registered to do business in California ("Grantor"), hereby grants fee title to the CITY OF INDIAN WELLS, a California charter city ("Grantee"), that real property in the City of Indian Wells, County of Riverside, State of California, legally described on Exhibit "A" attached hereto and incorporated herein by reference ("Property").
Clubhouse Deed Restriction: With respect to the portion of the Property identified as the Clubhouse Land on "Exhibit A," the Clubhouse Land shall only be used for the purposes set forth in the Easement Agreement dated April 8, 1985, and recorded in the Official Records of the Riverside County Recorder on May 31, 1985 as Instrument No. 1985-117222, and amended by Instrument Nos. 1997-137528, 2002-317300, and 2007-0648079, and by that Fourth Amendment to Easement Agreement dated , 2026. This use restriction precludes any lodging use. This restriction binds successor owners of the Property and runs with the land.
Parking Lot Deed Restriction: With respect to the portion of the Property identified as the Parking Lot Land on "Exhibit A," the Parking Lot Land shall only be developed with a surface parking lot, including related landscaping. The parking lot must have a landscape -buffer border at least six feet wide around the perimeter. The lot may not be used for long-term storage (longer than 30 days) without written permission from Grantor. This restriction binds successor owners of the Parking Lot Land and runs with the land.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on its behalf as indicated below.
GRANTOR: BBC Esmeralda, LLC,
an Illinois formed limited liability company registered to do business in California By:
Its:
Date:
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
STATE OF
ss
COUNTY OF
On this day of 2026, before me,
a Notary Public in
and for the State of , personally
appeared
, personally known to me (or proved on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of t
hat the foregoing paragraph is true and correct.
WITNESS my hand and seal
Signature
1411 0
My Commission Expires:
DEED Page 2 of 4
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by BBC ESMERALDA, LLC, a Illinois formed limited liability company registered to do business in California, to the CITY OF INDIAN WELLS ("City") as Grantee, is hereby accepted by the undersigned officer and agent of the City and the City consents to the recording of the Grant Deed, pursuant to the authority conferred by Resolution No. , adopted by the City of Indian Wells City Council on Signed and dated on , 2026, at City of Indian Wells, California.
GRANTEE
CITY OF INDIAN WELLS, a California
charter city
DEED
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EXHIBIT A
Legal Description and Depiction of Property
NOTE: Legal description of the BBC Exchange Property needs to specifically identify the (1) Clubhouse Land and the (2) Parking Lot Land.
d'smi"
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EXHIBIT G
FORM OF CONSTRUCTION AGREEMENT
Exhibit G
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INDIAN WELLS GOLF RESORT
CONSTRUCTION AGREEMENT
This Construction Agreement (this "Agreement") dated day of , 202_, for reference purposes (the "Reference Date") by and between the CITY OF INDIAN WELLS, a California charter city ("City"), and BBC ESMERALDA, LLC, an Illinois formed limited liability company registered to do business in California ("BBC"). City and BBC may be herein referred to singularly as a "Party" or collectively as the "Parties."
RECITALS
WHEREAS, the Parties previously entered into that certain Exchange Agreement dated as of (the "Exchange Agreement"). All capitalized terms not defined herein shall have the same meaning as given to them in the Exchange Agreement;
WHEREAS, BBC owns certain lands in and around the Golf Resort Property (as defined in the Easement Agreement) commonly known as the Indian Wells Golf Resort, associated with Assessor's Parcel Numbers 633-150-044 and 633-150-071 (the "Property") that are subject to and part of BBC's potential expansion of its provided amenities (the "Project"); WHEREAS, pursuant to the Exchange Agreement, City will acquire from BBC approximately one acre of land (the "Parking Lot Land") upon which City will build a parking lot with approximately 100 paved parking spots, ("Parking Lot") along with a landscaping buffer, located within the Parking Lot Land, around the perimeter of the parking lot, substantially in accordance with the concept plans set forth on Exhibit "A" attached hereto and incorporated in full by this reference; WHEREAS, the Parking Lot Land shall be constructed and maintained in accordance with the Maintenance and Operation Standard (as defined in the Easement Agreement); WHEREAS, the Parties agree that the Project should be completed by BBC in an efficient and effective manner that minimizes adverse effects upon the Golf Resort Property and its employees and guests, and that the Parking Lot should be completed by City in an efficient and effective manner that minimizes adverse effects upon the property commonly known as the Renaissance Esmeralda Resort & Spa (the "Renaissance Esmerelda Resort & Spa") and its employees and guests; and WHEREAS, the Parties have entered into this Agreement to memorialize their mutual understandings and obligations regarding the construction of the Project and the Parking Lot.
TERMS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual promises and covenants set forth herein, the Parties hereby agree as follows:
1. BASIS FOR AGREEMENT
a. Definitions. For purposes of enforcing this Agreement, the term "City" shall be all necessary City officials, employees, agents, or contractors, including, but shall not be limited to, City Council, City Engineer, Building Official, or any of their authorized representatives. City shall have the Construction Agreement Page 1 of 11
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sole and absolute discretion to determine which individual may act on behalf of City for any particular purpose.
b. Nature of Commitment. City, when acting in its role as the agency having jurisdiction over the Property concerning BBC's future use of the Property, shall be called the "Jurisdictional Agency." Nothing in this Agreement is or should be construed to be a covenant, promise, or commitment by the Jurisdictional Agency (including, without limitation, any agency, board, or commission of the Jurisdictional Agency) to grant any entitlement for development of the Property, or to make a final decision on any proposal, nor shall it prevent the Jurisdictional Agency (including, without limitation, any agency, board, or commission of the Jurisdictional Agency) from acting, or electing not to act, on any proposal in any manner other than that deemed proper by the Jurisdictional Agency in its role as agency having jurisdiction over the Property concerning the BBC's future use of the Property.
2. EFFECTIVE DATE
This Agreement takes effect upon the date that the Third Amendment to the Easement Agreement, the Grant Deed and the Right of Way Easement between the City, BBC, and H.E. Indian Wells, LLC dba Hyatt Regency Indian Wells Resort & Spa ("Hyatt") are stamped recorded by the Riverside County Recorder's Office (the "Effective Date").
3. CONSTRUCTION OF PROJECT AND PARKING LOT
a. Planning Stage of Project. Upon the Closing Date identified in the Exchange Agreement, BBC shall initiate planning of all aspects to the Project ("Planning Stage"). The Project shall be located on the Property, and shall generally follow the Project concept plan set forth on Exhibit "B" attached hereto and incorporated in full by this reference, but is subject to change. Within 18 months of the start of the Planning Stage, BBC shall submit the final Project plan to the Jurisdictional Agency for its review.
Final Project plans shall include all documents, plans, agreements, or schematics necessary to fully inform the Jurisdictional Agency of the Project and its construction impacts. All costs incurred by BBC during the Planning Stage shall be the sole and ultimate liability of BBC. Prior to construction and during the entirety of the construction, BBC shall be responsible for securing and maintaining all permits and licenses necessary to perform the construction of the Project.
b. Construction Stage of Project. Upon approval of the final Project plan by the Jurisdictional Agency required in the Planning Stage, which approval shall mean a fmal approval beyond all appeal periods without any appeal being filed, or, if appealed, a final approval following a final, non - appealable judgment, BBC shall have 12 months to begin construction of the Project. Construction shall be deemed started when grading of the Property has commenced in preparation for or initiation of the construction of the Project ("Construction Phase"). Within 18 months after the start of construction, BBC shall complete all construction activities (subject to obtaining all necessary approvals from the Jurisdictional Agency or other governing bodies as needed) and shall apply in good faith to obtain a Certificate of Occupancy Permit. BBC shall promptly act in good faith to address any punch -list items required to obtain the certificate of occupancy. Thus, it is mutually agreed that the construction shall be deemed complete when BBC obtains a Certificate of Occupancy for all parts of the Project. c. Visibility of Project Amenities. BBC acknowledges that the City wants to avoid the visibility of Project amenities from Highway 111.
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d. Additional Amenities. BBC may propose and construct additional amenities on the Property at a later date subject to the Jurisdictional Agency's review process. e. Force Majeure. The performance periods set forth in Sections 2(a) and (b) herein shall be subject to and extended due to any "force majeure" events as more fully set forth below. f. Construction of Parking Lot. The City shall complete the Parking Lot, at its sole cost and expense, in accordance with the concept plan set forth on Exhibit "A." Any proposed modifications to the Parking Lot concept plan by the City shall require the written approval of BBC, which approval shall not be unreasonably withheld, conditioned or delayed. BBC is not responsible for building or maintaining the Parking Lot, and no liability associated with those activities shall attach to BBC. g. Minimize Adverse Effects. During the construction of the Project, BBC shall undertake reasonable efforts to minimize adverse effects upon the Indian Wells golf resort operations, and upon its employees and guests. During the construction of the Parking Lot, City shall undertake reasonable efforts to minimize adverse effects upon the Renaissance Esmeralda Resort & Spa, and upon its employees and guests.
4. EVENT OF DEFAULT AND REMEDIES
a. Events of Default. It shall be an event of default ("Event of Default") under this Agreement if BBC fails to observe and perform any provision of this Agreement, including, but not limited to, the periods of performance assigned in Sections 2(a) and (b) herein, if such failure continues for thirty (30) days after written notice thereof by City; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period, then BBC shall not be deemed to be in default if BBC shall commence such cure within such thirty (30) day period and thereafter diligently prosecute the same to completion. However, it is explicitly agreed by the Parties that if BBC has not completed construction of the Project in the time frame herein required, then BBC agrees to pay to City as liquidated damages the sum of Ten Thousand Dollars ($10,000.00) per month until BBC has completed the construction of the Project ("Default Payment"). Any Default Payment shall become immediately due and owed to the City upon the expiration of each full calendar month past the expiration of the 18 -month Construction Phase of the Project.
b. Remedies. Upon the occurrence of an Event of Default in the performance of BBC's obligations under Sections 2(a) or (b) herein, following applicable notice and cure periods City in its sole option and discretion, may enforce any one or more of the remedies in Section 3(c) herein or any other rights or remedies to which City may be entitled by law or equity; provided that City may not pursue damages against BBC in excess of liquidated damages in the form of Default Payments. Upon the failed performance of the City's obligations under Section 2(d) herein, BBC in its sole option and discretion, may enforce any one or more of the remedies in Section 3(c) herein or any other rights or remedies to which BBC may be entitled by law or equity. All remedies provided for herein or by law or in equity shall be cumulative.
c. Enforcement by Arbitration or Suit. If a default by BBC or City under this Agreement has occurred, following applicable notice and cure periods (if any) the non -defaulting party may commence and maintain a suit or institute an arbitration proceeding against the defaulting party for Construction Agreement Page 3 of 11
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damages, declaratory or injunctive relief, specific performance, abatement of nuisance or waste or any other legal or equitable relief permitted under applicable law.
5. GENERAL TERMS
a. Recitals and Exhibits. The Parties hereby state that the Recitals and Exhibits are true and accurate. Further, the Recitals and the Exhibits are fully incorporated into the terms and made an integral part of this Agreement as if they were typed out in the body of this Agreement. b. Publicity and Confidentiality. BBC acknowledges that the City is a public entity and that this Agreement shall be a matter of public record, presented at a public meeting which has been properly agendized, and available for review by the public under the Public Records Act. c. Miscellaneous. This Agreement may be amended or modified only by a written instrument executed by City and BBC. No oral modifications are binding on or effective against either Party. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. This Agreement and the exhibits attached hereto constitute the entire agreement between the Parties and supersede all prior agreements and understandings, oral, written or otherwise, between the Parties relating to the subject matter hereof. Time is of the essence of this Agreement. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. This Agreement has been negotiated at arm's length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the Party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the Parties and this Agreement.
d. Limitation on Damages. Notwithstanding anything to the contrary contained within this Agreement, neither party nor any of their respective affiliates shall be liable to any other party (or its affiliates) for punitive damages or lost profits, or indirect, or exemplary damages of any nature arising out of this Agreement or any breach or alleged breach thereof. e. Successors and Assigns. This Agreement and all rights and obligations contained herein shall be in effect whether or not either of the Parties to this Agreement have been succeeded by another entity, and this Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors, heirs, administrators and assigns. This section shall not be construed as an authorization for any Party to assign this Agreement, any right, or obligation. f. Further Assurances. Each of the Parties shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the Parties.
Each Party shall utilize its best efforts and act fairly, in good faith, and with due diligence to competently and satisfactorily comply with and perform all of its obligations under this Agreement and to otherwise Construction Agreement Page 4 of 11
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support, assist, and cooperate with the other Party in order to facilitate the Agreement. Each Party agrees to respond promptly to reasonable requests from the other Party. g. Waiver. No failure of either Party to insist on strict performance by the other Party of any covenant, agreement, term, or condition of this Agreement or to exercise any right or remedy consequent of a breach thereof, shall constitute a waiver of any such breach or of such covenant, agreement, term, or condition. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect without respect to any other existing or subsequent breach. The waiver by any Party to this Agreement of the breach or default of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach or default, whether of the same or another provision of this Agreement. For any waiver to be effective it must be in writing and signed by the waiving Party. h. Individual Responsibility. The obligations of each Party under this Agreement is a several and not a joint obligation. Except as otherwise stated herein, each Party shall be individually responsible for its own covenants, obligations, and liabilities under this Agreement. No Party shall be under the control of or shall be deemed to control any other Party or the Parties collectively. No Party shall be the agent of or have the right or power to bind any other Party without its express written consent, except as expressly provided in this Agreement. Nothing in this Agreement shall be construed to create a joint powers authority, association, joint venture, trust, or partnership. i. No Third -Party Beneficiaries. This Agreement is for the sole benefit of the Parties, their respective successors and permitted transferees and assignees, and no other person or entity shall be entitled to rely upon or receive any benefit from this Agreement. j. Assignment or Transfer of Agreement. BBC shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of the City; provided, however, BBC shall have the right to assign to any purchaser of the Renaissance Esmeralda Resort & Spa and all or substantially all of its assets, or to any lender following foreclosure.
Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in the City's written consent, any assignment, hypothecation, or transfer shall not release or discharge BBC from any duty or responsibility under this Agreement, and the BBC shall be jointly and severally liable with the assignee for all duties and responsibilities under this Agreement. In the event that the City consents in writing to such an assignment, any assignee, hypothecatee or transferee shall expressly assume the BBC's obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to the City. The agreement shall be to the satisfaction of the City. k. Attorneys' Fees. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement, the prevailing Party, whether by final judgment or arbitration award, shall be entitled to and recover from the other Party all costs and expenses incurred by the prevailing Party, including reasonable attorneys' fees (the "Costs"). Any judgment, order, or award entered in such litigation or other legal action or proceeding shall contain a specific provision providing for the recovery of the Costs, in addition to all other legal and equitable remedies available to it, which shall include, without limitation, attorneys' and experts' fees, filing fees, service fees, deposition costs, costs and expenses incurred in the following, but not limited to: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party Construction Agreement Page 5 of 11
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examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement.
1. Standard of Care; Safety. BBC shall perform all work and construction under this Agreement in regard to the Project in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California; City shall perform all work and construction under this Agreement in regard to the Parking Lot in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. BBC and City each independently represent and maintain that it is skilled in the professional calling necessary to perform its obligations set forth in this Agreement. BBC and City each independently warrant that all of their respective employees and subcontractors shall have sufficient skill and experience to perform the services assigned to them. Finally, BBC and City each independently represent that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services assigned to them and that such licenses and approvals shall be maintained throughout the term of this Agreement. BBC shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions in the Project which are caused by BBC's failure to comply with the standard of care provided for herein; City shall perform, at its own cost and expense and without reimbursement from BBC, any services necessary to correct errors or omissions in the Parking Lot which are caused by City's failure to comply with the standard of care provided for herein. Any employee of BBC or its sub -consultants who is reasonably determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner reasonably acceptable to the City, shall be promptly removed from the Project by BBC and shall not be re-employed to perform any of the services or to work on the Project. Any employee of City or its sub -consultants who is reasonably determined by BBC to be uncooperative, incompetent, a threat to the adequate or timely completion of the Parking Lot, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner reasonably acceptable to BBC, shall be promptly removed from the Parking Lot project by City and shall not be re-employed to perform any of the services or to work on the Parking Lot project.
m. Laws and Regulations. BBC shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of BBC, including all Cal/OSHA requirements, and shall give all notices required by law. BBC shall be liable for all violations of local, state and federal laws, rules and regulations in connection with construction of the Project. City shall be liable for all violations of local, state and federal laws, rules and regulations in connection with construction of the Parking Lot.
n. Nondiscrimination. BBC, for itself and its successors and assigns, agrees that in the construction of the Project, BBC shall not discriminate, and shall not permit its contractors and subcontractors to discriminate, against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry or national origin. City, for itself and its successors and assigns, agrees that in the construction of the Parking Lot, City shall not discriminate, and shall not permit its contractors and subcontractors to discriminate, against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry or national origin. o. Notices. All notices to be given pursuant to this Agreement shall be in writing and either:
i) sent by certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) Construction Agreement Page 6 of 11
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business days after deposit, postage prepaid in the United States mail, ii) sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with this courier, or iii) by facsimile (fax), email, or similar means, if a copy of the notice is also sent by United States Certified Mail, in which case notice shall be deemed delivered on transmittal by email, or other similar means provided that a transmission report is generated reflecting the accurate transmissions of the notices, as follows:
Notice to BBC:
Renaissance Esmeralda Resort
44-400 Indian Wells Lane
Indian Wells, CA 92210
Attn: General Manager
(T) 760.836.1240
(F) 760.836.1287
With a Copy to: BBC Esmeralda, LLC
c/o Bixby Bridge Capital, LLC
555 Skokie Boulevard, Suite 555
Northbrook, IL 60062
Attn: David Rotenberg
Attn: David Williams
(T) 847.313.6492
(F) 847.498.7893
With a Courtesy Copy to: Procopio Cory Hargreaves & Savitch LLP 525 B Street, Suite 2200
San Diego, CA 92101
Attn: David Crawford
(T) 619.525.3879
Notice to City:
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210
Attn: City Manager
(T) 760.346.2489
(F) 760.346.0407
With a Courtesy Copy to: Best Best & Krieger, LLP
2855 East Guasti Road Suite 400
Ontario, CA 91761
Attn: Todd Leishman
(T) 949.263.6576
These addresses, telephone numbers, and emails may be changed by written notice to the other Party.
Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. Notices sent by email after 5pm shall be considered received on the next business day. For example, emails received at 6pm on a Friday shall be deemed received on the following Monday. A defect in delivering a courtesy copy is not a defect in required notice.
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p. Force Majeure. For purposes of this Agreement, a "Force Majeure" event shall include any of the following: war, insurrection, strikes, lock -outs or other labor disputes, shortages or disturbances, material shortages, one or more acts of public enemy, riot, sabotage, blockade, embargo, floods, earthquakes, fires, unusual weather occurrences or other acts of God or civil commotion, quarantine restrictions, pandemics or epidemics (in either case, declared a public health emergency by the Secretary of the Department of Health and Human Services, the California Department of Public Health, the Governor of the State of California, the County of Riverside Health and Human Services Agency, or the Mayor of the City of Indian Wells), freight embargoes, lack of transportation, court order, costs or delays or failures of performance by any governmental or quasi -governmental authority (so long as the party seeking the extension has adequately complied with the applicable processing requirements of such governmental or quasi -governmental authority) including without limitation failure to take action on any permit or approval, costs or delays resulting from any emergency maintenance or repairs necessary to protect the life, health or safety of any person or to prevent or mitigate material damage to any project, costs or delays resulting from changes in any applicable laws, rules, regulations, ordinance or codes, or a change in the interpretation thereof by any governing body with jurisdiction, costs or delays resulting from the discovery and remediation or hazardous materials not reasonably anticipated to exist, costs or delays resulting from theft or casualty losses not covered by insurance proceeds and associated deductibles, or any other cause beyond the reasonable control or without the fault of the party claiming an increase of cost, an extension of time to perform, or an inability of performance. q. Signatory Authority and Counterparts. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement, and that they have the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms, and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. This Agreement may be signed in counterparts, each of which will constitute an original, but all of which together shall constitute one and the same instrument that shall be binding upon the Parties, notwithstanding that the Parties may not be signatories to the same counterpart or counterparts.
The Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. In order to expedite the transaction contemplated herein, facsimile or .pdf signatures may be used in place of original signatures on this Agreement. The Parties intend to be bound by the signatures on the facsimile or .pdf document, are aware that the other Party will rely on the facsimile or .pdf signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature
[SIGNATURES ON FOLLOWING PAGES]
Construction Agreement Page 8 of 11
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SIGNATURE PAGE TO:
INDIAN WELLS GOLF RESORT
CONSTRUCTION AGREEMENT
IN WITNESS WHEREOF, City and BBC have executed this Agreement and made effective as of the Effective Date first above written.
AGENCY:
THE CITY OF INDIAN WELLS
By:
Name: Dr. Chris Freeland
Title: City Manager
ATTEST
City Clerk
APPROVED AS TO FORM:
Todd Leishman, Agency Attorney
BBC:
BBC ESMERALDA, LLC
By:
Name:
Title:
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EXHIBIT A
Concept Plan of Parking Lot
CITY PARKING LOT
Summary:
Total gross area including buffers 1+i-43,580 SF or 1 acre Total Parking Spaces: 99
DESIGN\ ORKSHOP
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EXHIBIT B
Concept Plan of Project
RIW POOL AND FITNESS ADDITION
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EXHIBIT H
FORM OF DEDICATION OF CART PATH EASEMENT
FROM BBC TO CITY
[To be provided and confirmed by city engineer before execution] Exhibit H
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EXHIBIT I
FORM OF PUBLIC ROW DEDICATION
BY CITY FOR PUBLIC ACCESS
Exhibit I
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RECORDING REQUESTED BY
AND RETURN TO:
CITY OF INDIAN WELLS
Attn: City Manager
44-950 Eldorado Drive
Indian Wells, CA 92210
Portions APN's: Exempt from Recording Fees per Govt. Code §27383 No Transfer Tax // Not a sale of property
DEDICATION OF RIGHT OF WAY EASEMENT
(Non -Exclusive Dedication of Pedestrian Path)
This DEDICATION OF RIGHT OF WAY EASEMENT (this "Easement") is made and entered into this day of , 2026 (the "Effective Date"), by the CITY OF INDIAN WELLS, a California charter city ("Grantor"), to the benefit of general public.
NOW, THEREFORE, Grantor hereby dedicates to the general public a non-exclusive easement in, to, over, upon and across, but not under, certain Grantor owned lands more particularly described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference ("Pedestrian Path") for public access purposes including but not limited to walking, running, biking and golf cart uses.
No gas -powered vehicles or vehicle licensed and permitted to be driven on public roads shall be allowed to use the Pedestrian Path. No member of the public or third party of any kind has any more explicit or implied right to the use the Pedestrian Path above the Grantor, any other member of the public, or third party. No member of the general public or third party shall deny use or access to the Pedestrian Path to the Grantor or other member of the general public.
Grantor expressly reserves the right to use the Pedestrian Path in any manner, including the right to construct public improvements or install landscaping. Grantor shall maintain, repair, restore, replace and make necessary or convenient improvements to the Pedestrian Path in its sole and absolute discretion. This Easement does not convey any fee title or exclusive possessory interest. Grantor retains the right to reasonably regulate, restrict, or permit uses of the Pedestrian Path.
IN WITNESS WHEREOF, Grantor has executed this Dedication of Right of Way Easement.
GRANTOR ATTEST:
The City of Indian Wells
City Clerk
By:
Dr. Chris Freeland APPROVED AS TO FORM:
City Manager
Date:
Best Best & Krieger LLP, City Attorney
-1-
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EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION OF PEDESTRIAN PATH
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EXHIBIT J
FORM OF BBC ROW EASEMENT
FROM CITY TO BBC
[To be provided and confirmed by city engineer before execution] Exhibit J
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EXHIBIT K
DELIVERIES AT CLOSING
1. Deliverables at Closing Required of City
(a) Executed and acknowledged counterpart of the Fourth Easement Amendment (b) Executed and acknowledged counterpart of the Fifth Easement Amendment (c) Executed and acknowledged counterpart of Dedication of ROW Easement (d) Executed counterpart of Construction Agreement
(e) A closing statement executed by City
(f) Executed versions of any other documents as are reasonably required by the Title Company to evidence City's existence and authority to perform its obligations under this Agreement, and as may be required to close, but which do not increase City's liability or obligations hereunder
(g)
Any other documents specifically called for hereunder not yet delivered.
2. Deliverables at Closing Required BBC
(a) Executed and acknowledged Deed
(b) Executed and acknowledged counterpart of the Fourth Easement Amendment (c) Executed and acknowledged counterpart of the Fifth Easement Amendment (d) Executed counterpart of Construction Agreement
(e) A fully executed certificate of non -foreign status to ensure BBC's compliance with Foreign Investment in Real Property Tax Act ("FIRPTA") (Section 1445 of the Internal Revenue Code of 1986, as amended)
(f)
(g)
A closing statement executed by BBC
Fully executed versions of any other documents as are reasonably required by the Title Company to evidence BBC's existence and authority to convey the BBC Exchange Property to City, and as may be required to close, but which do not increase Exchanger's liability or obligations hereunder 26529.00000\44669858.9
Exhibit
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(h) Possession of the BBC Exchange Property
(i)
Any other documents specifically called for hereunder not yet delivered. 26529.00000\44669858.9
Exhibit
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INDIAN WELLS CITY COUNCIL
May 21, 2026
To: City Council
From: Public Works Department
Prepared by: Dina Purvis, Public Works Director
Subject: Informational Report Regarding Gasoline Powered Landscape Equipment
RECOMMENDED ACTIONS:
Council provides DIRECTION to staff relating to the use of gasoline powered landscape equipment for landscape maintenance activities within the City; and FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the action not being a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).).
DISCUSSION:
This report provides an overview of the City's existing regulations regarding gasoline powered landscape equipment (e.g., leaf blowers, edgers, chainsaws, lawnmowers, hedge trimmers, etc.), historical context from previous Council discussions, and current challenges related to enforcement and regional alignment.
The City's regulation of landscape maintenance noise is codified in Indian Wells Municipal Code Section 9.06.047. The City has in the past, prohibited gasoline -powered leaf blowers since 1998 to address noise concerns. While the original intent was to reduce decibel levels, modern technology has evolved such that many electric blowers are now just as loud as their gasoline counterparts. Due to difficulties with enforcement, and the fact that the sound levels at the time were relatively equal, the City Council terminated the gas power restriction at the City Council meeting June 4, 2020. Currently, the City has no prohibition against the use of gas -powered landscape equipment and instead regulates landscape equipment through general noise standards and operational hour limitations.
As a result, any future enforcement (notices and citations) of gas -powered landscape equipment would likely fall on the homeowner or business owner where the equipment
Council Meeting Agenda- May 21, 2026
is being used, as they are the most identifiable party associated with the property. The formal responsibility resides with the homeowner to ensure their hired landscapers comply with City standards, and any punitive action would be tied to the property address.
In practice, this places a significant burden on residents to monitor and manage the activities of their contractors, which also assumes they are qualified to know the differences between gas vs. battery powered equipment. This is particularly challenging in Indian Wells, where a substantial portion of the community consists of part-time residents who may not always be present when their landscapers are performing routine maintenance of their property.
For residents, compliance would require a level of familiarity with landscaping equipment that may not be reasonably expected. Property owners would be responsible for distinguishing between gasoline -powered and electric equipment, which can be difficult given their similar appearance and operation. As a result, enforcement may place responsibility on property owners for conditions that are not directly within their control or easily discernable to the average property owner. This dynamic may result in increased frustration among residents, a higher volume of complaints, and a corresponding rise in administrative appeals as property owners respond to enforcement actions and seek clarification regarding compliance.
Enforcement of a use -based prohibition would also be inherently complaint -driven and reactive, as violations only occur while equipment is actively in operation. Even when a potential violation is observed, confirmation and field enforcement presents logistical challenges for Code Enforcement staff. Landscape crews are mobile and may leave the site prior to enforcement contact, identification of contractors can be difficult without voluntary cooperation, and multiple subcontractors may operate under a single service agreement. In addition, many landscape crews do not operate in marked vehicles or display readily identifiable company information, which further limits the City's ability to accurately identify and cite the responsible landscape entity at the time of the violation.
While Code Enforcement Officers are designated as "Peace Officers" under the City's Municipal Code for the purpose of issuing citations, Code Enforcement operations are not sanctioned in the same manner as traditional law enforcement operations. Peace Officers do not have the resources, equipment, or authority to detain individuals for identification purposes in the field. As a result, code enforcement actions rely largely on voluntary cooperation from contractors, which can be difficult to obtain in the absence of traditional law enforcement tools and support.
Code Enforcement efforts would also be significantly strained by limited staff and resources. The City's sole Code Enforcement Officer also serves as the Building Inspector; consequently, any increase in code enforcement duties would disproportionately consume more of the Inspector's time. By comparison, the City of Palm Springs, which is the only city in the Coachella Valley that enforces a prohibition on gasoline -powered leaf blowers, currently has a staff of 14 Code Enforcement Officers. A more proactive enforcement
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approach in the City of Indian Wells, including increased field presence and monitoring, would likely require additional staffing (either full time or contract staffing).
A review of regional practices further illustrates the practical considerations associated with regulating gasoline -powered landscape equipment. (Exhibit A) As mentioned above, Palm Springs is the only jurisdiction that has adopted a fuel -based prohibition, which is limited specifically to gasoline -powered leaf blowers. However, even with their staffing levels, code enforcement is complaint -driven and tied to the property owner, considering the logistical issues of identifying and citing individual contractors in the field. All other Valley jurisdictions rely on existing noise regulations, primarily focused on hours of operation, rather than regulating equipment based on fuel type. Across these agencies, enforcement remains reactive in nature, driven by resident complaints and constrained by staffing and operational limitations. Feedback from these jurisdictions indicates that broader prohibitions have generally not been pursued due to the practical challenges associated with implementation and enforcement.
A similar pattern is observed in other environmentally focused jurisdictions throughout Southern California. Cities such as Irvine and Laguna Beach have adopted regulations targeting gasoline -powered landscaping equipment; however, these efforts have typically been implemented in a phased and narrowly tailored manner, most commonly beginning with leaf blowers rather than applying a blanket prohibition to all equipment types. These programs often include extended compliance timelines to allow for transition and continue to rely on complaint -driven enforcement.
It is also important to note that while electric landscaping equipment eliminates emissions associated with gasoline -powered engines, it does not necessarily result in a significant reduction in noise. Electric and gasoline -powered equipment often operate within similar decibel ranges, and in some cases, perceived noise levels may be comparable depending on the equipment and operating conditions. For example, Home Depot sells a Black and Decker electric -powered leaf blower (Model#LB700) that has a noise rating of 86 decibels, while Echo has a gas -powered leaf blower (Model#PB-580T) with a noise rating of 70 decibels. As a result, adoption of a fuel -based prohibition may not substantively reduce noise -related complaints, which have historically been a primary driver of service requests within residential communities.
The State of California has already taken action to reduce emissions from gasoline - powered landscaping equipment. Through regulations adopted by the California Air Resources Board pursuant to Assembly Bill 1346, the sale and manufacture of new gasoline -powered small off -road engines, including common landscaping equipment such as leaf blowers, trimmers, and mowers, has been prohibited since 2024. While existing equipment may continue to be used (grandfathered), no new gasoline -powered units will enter the market in California. As a result, these types of equipment are expected to phase out overtime as they reach the end of their useful life and are replaced with zero -
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emission alternatives. This statewide transition is already underway and will continue incrementally without the need for immediate local regulation.
As an alternative to more punitive measures, the City could promote air quality stewardship by implementing a program that focuses more on educating landscapers about existing financial incentives and offers educational materials and workshops. Both the South Coast Air Quality Management District (SCAQMD) and the California Air Resources Board (CARB) offer rebate programs to help landscape professionals transition to electric equipment. In that regard, staff would recommend the City implement an air quality stewardship program for landscapers, including:
• Advertising the SCAQMD and CARB incentive programs* to offset the cost of new equipment on the City's website; and
• Offer relevant educational materials to local landscapers as part of the business license process; and
• Consider City endorsements, such as concessions for business license for landscapers that demonstrate they are operating in compliance with zero - emission standards; and
• Partner with the SCAQMD to host an informational workshop for local landscapers on zero -emission equipment and available incentives. • Explore incentives such as a free business license for companies that demonstrate they are operating in concert with zero -emission standards. * https://www.agmd.gov/home/programs/community/electric-lawn-and-garden- programs/lawn-and-garden-equipment
OPTIONS:
1. Staff recommendation.
2. Provide Alternative direction
FISCAL IMPACT:
The fiscal impacts are unknown at this time and dependent on the direction of the City Council.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).).
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ATTACHMENTS:
1. Exhibit A - CV City comparison
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ATTACHMENT #1
City
Gas
Equipment
Ban
Scope of Regulation
Enforcement
Approach
Responsible Party
Notes
Palm Springs
Yes
Gas -powered leaf
blowers only
Complaint -driven
Property owner
Difficulty identifying
contractors
Rancho Mirage
No
Noise regulations only
Complaint -driven
N/A
No ordinance
adopted
Palm Desert
No
No restrictions beyond
State law
Complaint -driven
N/A
Gas equipment
permitted
La Quinta
No
Noise regulations only
Complaint -driven
N/A
No ordinance or
discussions
Indio
No
Hours of operation (leaf
blowers)
Complaint -driven
Property owner
Considering
expanded noise
rules
Desert Hot Springs
No
Hours of operation
Complaint -driven
N/A
No fuel -based
regulation
Coachella
No
No restrictions
Complaint -driven
N/A
No ordinance
adopted
Cathedral City
No
Noise regulations only
Complaint -driven
N/A
No ordinance
adopted