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Contractor shall provide dust, sound and light attenuation as required by City, County Code of Regulations.
Contractor shall be required to meet all N.P.D.E.S. requirements when rehabilitating a Well.
Additionally, all engines used for a project must be in compliance with South Coast Air Quality Management District (SCAQMD) requirements for emission controls.
The work shall include but is not limited to Well casing, pumps, motors, water treatment plants, water treatment pilot studies and programs such as additional treatment techniques as particular situations dictate alternative techniques and more cost effective programs.
Contractor is responsible for the control of the environment of the work site during on -site operations. All precautions shall be taken by the Co ntractor to protect the workers, public, and IWA staff from exposure of harmful or hazardous conditions, dangerous materials and equipment.
Contractor shall provide services that conform to all requirements regarding handling, hauling and disposal of chem icals for the services provided at each IWA work site in accordance with OSHA or IWA regulations and those that may be mandated by any and all Federal or State agencies regulating such activities.
IWA will require the project manager of any well rehabilitation to show proof of being certified by the National Ground Water Association. The National Ground Water Association shall certify contractor’s project manager as a Certified Well Driller and Certified Pump Installer (CWD-PI). Project Manager shall have completed and successfully passed the Well Servicing/ Well Rehabilitation Examination. Contractor shall provide proof of the referenced certification with his proposal.
The contractor will be required to provide a test pump system of the correct size consisting of a contractor owned bowl assembly, column assembly, discharge head, gear drive and engine during redevelopment of the well after any rehabilitation has occurred. The engine must be Certified Non -road engine as indicated by the United States Enviro nmental Protection Agency Standardized Engine family Name: YDDXL14.OTLD. Additionally the engine must be registered with the California Air Resources Board in the statewide Portable Equipment Registration Program. The engine must be exempted from daily and annual emission limits as specified in the contractor’s registration.
All scheduling will be per IWA’s designee.
4. REPORTING REQUIREMENTS:
Separate written reports shall be provided for both the initial project phase and the project completion phase of each project as follows:
A. Preliminary Project Report:
The Preliminary Project Report shall document the initial purpose, scope, and progression of a project through the Contractor’s recommendations for further action, if any. It is intended to document the Well’s condition and provide a basis to evaluate alternatives for additional maintenance and repairs if needed. The written report assessing all removed equipment shall be furnished to IWA at the conclusion of the “remove and tear down” phase of a project.
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A typewritten invoice shall be furnished to IWA with submission of the report. The report shall include, at minimum, the following information:
a. A complete inventory of all materials removed from the Well. b. Conditions of Well casing (video log, lab analysis of scraping may be required) include percentage of any perforation blockage and locations. c. Any observations such as oil on the surface of the water within the Well casing. d. Bowl assembly information with actual impeller clearance and manufacturer’s specifications.
e. Stretch bushing actual size and manufacturer’s specification. f. Head-shaft specifications and balance data.
g. Line-shaft specifications and actual size.
h. Condition and depth of airline.
i. Notation of any other factor that may affect the Wells performance. j. A detailed list of what was performed repaired and or replaced for the project (rehab).
k. Cost estimates for rehab work.
l. Results of all tests, analysis, etc. performed.
B. Final Project Report:
The Final Report shall incorporate the Preliminary R eport and provide, at minimum the following items in addition:
a. The scope of work for additional repair and maintenance work. b. A complete inventory of all materials added, repaired or replaced in the Well. c. Final conditions of well casing (video log, lab analysis, etc.) d. Any observations such as oil on the surface of the water within the Well casing. e. Revised pump and drive assembly information and related manufacturer’s specifications if altered from the preliminary report.
f. Notation of any other factor that may affect the Wells ongoing performance. g. A detailed list of what was performed repaired and or replaced for the rehab project.
h. Final Costs for all work.
i. Results of all additional tests, analysis, etc. performed. j. Report shall be in written hard copy and pdf file format.
5. WELL REMOVAL AND EVALUATION:
On most occasions deep Well pump removal work shall be in response to problems with the pump or the Well. Before work is proposed, the Contractor shall be apprised of the suspected problem. Contractors will be informed of the space and equipment limitation as the need for services occurs. Historically, the sites with space constraints have been serviced using a crane sized to handle the pump equipment. Data as to level of the pump setting, most recent pump test data, power or fuel consumption, etc. shall also be furnished to the Contractor. The Contractor shall mobilize to the job site within (7) calendar days of receiving an authorization to proceed with the removal of portions of the pump house building. For electric-driven pumps, power to the pump shall be locked and tagged out by IWA before work may commence.
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When removed, the column pipe shall be laid out on dunnage (timbers) in rows and chalked and nailed to prevent accidental rolling. Where there is insufficient room for all column and tubing, the column pipe may be stacked two tiers high, with precaution taken to prevent runaway pipe. The oil tube shall be disassembled to its smallest division (normally 5 feet).
Oil tube and line shaft shall also be laid out neatly on dunnage and each line shaft bearing shall be tested to meet the manufacturers recommended tolerances. Each line shaft bearing shall not have worn more than what is recommended by the manufacturer from its original inside diameter.
6. WELL REPAIRS
After the pump is removed and all required reports are submitted to IWA, IWA staff will meet with the Contractor to make applicable decisions concerning repair and re-installation. The Contractor shall then be requested to provide a written cost estimate and estimated time to complete the work. Some of the items that may be part of the work to repair and reinstall are included but not limited to the following:
a. Clean and/or run threads of bearing, oil tubing shaft and column pipe. b. Machine or r eplace head shaft to accommodate new length of column and tubing.
c. Dress the ends of some or all of the tubing, column pipe or shafting. d. Replace worn bearings, shafting, couplings, pump bowls, impellers, bowl bearings, etc.
e. Machine pump bowl wear rings or skirt wear ring of impeller(s). f. A video record and log of the entire Well to bottom, using a 3½ -combination side scan color camera.
g. Furnish and/or install 1/2” poly airline and an appropriate gauge. h. Provide electric motor transportation to and from motor repair shop for possible rewinding, epoxy dipping, baking or any other service.
i. Re-connect pump to discharge pipeline.
j. Re-write motor to power cables. Check rotation of reinstalled motor with IWA staff in attendance.
k. Calculate head shaft nut adjustment and adjust nut accordingly. l. Provide Contractor Representative to witness startup of pump and motor. m. Receive acceptance verification by IWA Representative and demobilize. n. Obtain discharge permits when required.
o. Perform Well treatment, discharge and well disinfe cting as required to meet State Water Resources Control Board requirements including bacti -test results.
p. Cleaning and/or rehabilitation of the Well (bailing, disinfecting, physical agitation, swabbing, chemical treatment, swaging etc.)
q. Video record Well a second time after Well rehab/cleaning (may require debris settlement period).
r. Replace pump components: new bearing, column, oil tubing, surface and buried connecting pipe.
s. Perform pump testing as required.
7. WELL COMPLIANCE AND OTHER REQUIREMENTS:
The Contractor will bring Wells into compliance with State Water Resources Control Board requirements. Normal tasking shall hold the Contractor responsible until the Well complies
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with and meets State Water Resources Control Board standards. The Contractor shal l be expected to use industry best practices in conjunction with the IWA’s staff.
8. PURCHASE ORDERS:
Individual purchase orders placed under the terms of this contract shall be based upon the rates proposed and agreed to with IWA. All work is to be scheduled and coordinated through the Operations Division.
For purchase orders under this contract, the Contractor’s working hours shall closely conform to those of the IWA’s Operatio n Staff unless prior approval is given by the IWA designee.
Contractor shall submit one invoice for each project. Each invoice shall have a specific purchase order number assigned to the purchase order involved and include the following information:
1. Work site address
2. Date(s) of service
3. Purchase Order Number
4. Invoice Date
5. Itemized listing of labor charges
6. Itemized listing of material charges and sale tax
7. Taxpayer I.D. number
8. Remittance address
9. Billed to:
Indio Water Authority
Attn: Accounts Payable
83-101 Avenue 45
Indio, CA 92201
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EXHIBIT B
CONSIDERATION
For the services set forth in Exhibit A, Authority shall pay Contractor based on the Rate Schedule submitted with its Proposal as follows:
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AGENDA ITEM #9.9
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City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Purchases from Ferguson Waterworks, Core & Main, Dangelo Company, United Waterworks, Inc. and Western Waterworks for as -needed waterworks parts and supplies for a combined not -to-exceed amount of $360,000 in accordance with the approved budget for FY 2022-2023
RECOMMENDATION:
That the City Council/IWA Board a pprove purchases from Ferguson Waterworks, Core & Main, Dangelo Company, United Waterworks, Inc. and Western Waterworks for as -needed waterworks parts and supplies for a combined not-to-exceed amount of $360,000 in accordance with the approved budget for FY 2022-2023.
SUMMARY:
To maintain proper operation and maintenance of the water distribution system, IWA needs to purchase repair parts and supplies on an as -needed basis. Based on the excellent service provided by the current vendors, competitive pricing, comprehensive invento ry, and timely availability of products, staff recommends that the City Council/IWA Board approve purchases for a combined not- to-exceed amount of $360,000 for as -needed waterworks parts and supplies in FY 2022 -2023. Staff will obtain price quotes from each vendor prior to making purchases exceeding $5,000.
BACKGROUND INFORMATION:
Historically, IWA has requested approval of purchases for as -needed waterworks parts and supplies from the vendors listed below:
Vendor Location
Core & Main Indio, CA
Dangelo Company La Habra, CA
United Waterworks, Inc. Perris, CA
Western Water Works Chino Hills, CA
Ferguson Waterworks Indio, CA
In addition to offering competitive prices and timely supply, the aforementioned vendors carry inventories that meet IWA standards and specifications. In an effort to streamline the purchasing process and to efficiently process invoices, IWA is again requesting approval of purchases from these vendors for FY 2022-2023 for as-needed waterworks parts and supplies. This authorization will give staff the ability to continue a timely and cost effective procurement ensuring we are receiving the best price.
AGENDA ITEM #9.10
Purchases from Ferguson Waterworks, Core & Main, Dangelo Company, United... Page 246 of 556
Parts and supplies purchased from these vendors include meter boxes and lids, valves, pipes, fittings, fire hydrants, joint restraints, clamps and couplings, and service brass just to mention a few.
Purchases are only made when needed and from the vendor that provides the best price.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$360,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Water Distribution and Water
Production Fund-Org-Object
Reference:
Various Accounts
Additional Financial Details:
Funds are budgeted in various line items in the Water Distribution and Water Production fund accounts for the purchase of waterworks parts and supplies for FY 2022-2023.
APPROVAL(S):
Reymundo Trejo, P.E., IWA General Manager Approved - 29 Jun 2022 Lolly Enriquez, Assistant City Attorney Approved - 29 Jun 2022 Brian Kinder, Finance Manager Approved - 29 Jun 2022
Bryan H. Montgomery, City Manager Approved - 29 Jun 2022
AGENDA ITEM #9.10
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City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Purchase of cellular data and voice services from Verizon Wireless for three years not to exceed $135,000 per year.
RECOMMENDATION:
Approve the purchase of celluar data and voice services from Verizon Wireless for three years, in an amount not to exceed $135,000 per year.
SUMMARY:
Since 2016, the City has used Verizon Wireless for cellular data and voices services throughout all departments. Staff requests the continued authorization to purchase these services from Verizon Wireless for fiscal years 2022 -2023, 2023-24, and 2024-2025 in an amount not to exceed $135,000 per year.
BACKGROUND INFORMATION:
In 2014 the City of Indio Information Technology Department did a cellular service survey of the City.
This survey was conducted to determine which provider would be able to provide the best speeds and coverage in the City of Indio for the Mobile Data Computers (MDCs) that are used in patrol vehicles by the Indio Police Department. For that survey, Verizon, AT&T, and Sprint cellular air cards were tested throughout the City. A cellular air card is a type of wireless broadband modem used for connecting to cellular networks. Aircards provide roaming access to the Internet from mobile computers outside the range of Wi -Fi hotspots. Because of the 2014 survey, Verizon Wireless was selected as the vendor with the fastest speeds and best coverage and thus the best vendor to provide the cellular air cards for the Police Department MDCs.
Beginning in fiscal year 2016-2017 all cellular voice, data, and messaging services were consolidated into t he Information Technology Internal Service Fund. Prior to this consolidation all departments covered the costs of cellular service in their individual departmental budgets and none of the individual departmental expenses exceeded the City Manager' s signin g authority. After the consolidation, Verizon Wireless was selected by the City for cellular service as they had the best coverage and pricing for cellular services. In the last three years since, the City has had no issues with Verizon Wireless’ services and staff recommends continued use of Verizon Wireless.
Currently, the City uses Verizon Wireless cellular services for smartphones used by City on-call staff, building and public works inspectors, and other staff that are in the field for the majority of the time, mobile wireless hot spots, and in the MDCs that are in use by the Police Department’s Field Services division. To change from Verizon Wireless to another carrier in the MDCs would require approval from AGENDA ITEM #9.11
Purchase of cellular data and voice services from Verizon Wireless for t... Page 248 of 556 the California Department of Justice, a process that often takes a year or more to obtain. Should the City decide to change vendors we would have to apply to the California DOJ again prior to changing the aircards in the MDCs.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$135,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$135,000 Strategic Objective: Public Safety
Source of funds: IT ISF Fund-Org-Object
Reference:
602
Additional Financial Details:
The $135,000 cost for the Verizon Wireless celluar data and voice services has been budgeted in the Information Technology Internal Service Fund.
APPROVAL(S):
Ian Cozens, Director of Information Technology Approved - 20 Jun 2022 Roxanne Diaz, City Attorney Approved - 06 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 11 Jul 2022 Bryan H. Montgomery, City Manager Approved - 11 Jul 2022
AGENDA ITEM #9.11
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City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Resolution No.10283 of the City Council declaring certain property surplus land in the downtown area and finding that such declaration is exempt from environmental review under the California Environmental Quality Act.
RECOMMENDATION:
Adopt Resolution No.10283 declaring certain property surplus land in the downtown area and finding that such declaration is exempt from environmental review under the California Environmental Quality Act.
SUMMARY:
The Surplus Property Land Act requires the City to take action declaring that land owned by the City is surplus land or exempt surplus land. The proposed resolution implements such requirement.
BACKGROUND INFORMATION:
The Surplus Property Land Act at Go vernment Code Sections 54220 -54233 (“Act”) requires public agencies to declare its property as surplus land or exempt surplus land prior to disposition.
Accordingly, the proposed Resolution declares that certain properties listed in the downtown area of the City are surplus property. Two of the properties listed are vacant commercial land and one contains a building that is in disrepair. The City has long had a goal of revitalizing the City’s downtown area through critical mass commercial development tha t could include such properties. In addition, the financing for such alternative locations will also need to be determined. The Resolution authorizes the City Manager or his designee to undertake all actions required by the Act.
The proposed Resolution was assessed in accordance with the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines. It has been determined that the adoption of this Resolution will not have a significant environmental impact and is exempt from CEQA pursua nt to Section 15061(b)(3) of Title 14 of the California Code of Regulations. It can be seen with certainty that there is no possibility that the declaration of property as surplus may have a significant effect on the environment, as no development is auth orized by this Resolution, and any future disposition will require separate environmental analysis if and when the details of such disposition are known.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
AGENDA ITEM #9.12
Resolution No.10283 of the City Council declaring certain property surpl... Page 250 of 556 Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
Additional Financial Details:
There is no financial impact in adopting the Resolution as the Resolution is a declaration that certain city properties in the downtown are surplus land.
ATTACHMENTS:
Attachment A
APPROVAL(S):
Carl S. Morgan, Dir. Of Economic Development Approved - 07 Jul 2022 Roxanne Diaz, City Attorney Approved - 12 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2022 Bryan H. Montgomery, City Manager Approved - 12 Jul 2022
AGENDA ITEM #9.12
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RESOLUTION NO. 10283
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO
DECLARING CERTAIN PROPERTY SURPLUS LAND IN THE
DOWNTOWN AND FINDING THAT SUCH DECLARATION IS EXEMPT
FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
W
HEREAS, the City of Indio (“City”) is the owner in fee simple of that certain real property described in Exhibit “A,” attached hereto and made a part of hereof (“Property”).
WHEREAS, the City desires to declare that the Property is surplus land as set forth in the Surplus Property Land Act, Government Code Sections 54220-54233 (“Act”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein.
S ection 2 . The City Council hereby declares that the Property is surplus land as defined in Government Code Section 54221(b)(1). A majority of the Property is vacant commercial land that is either not being utilized or the Property contain a building that is in disrepair. The City has long had a goal of revitalizing the City’s downtown area through critical mass commercial development that could include such properties.
Section 3. The City Manager or his designee is hereby directed to send a notice of availability to the entities designated in Government Code Section 54222 (“designated entities”) by electronic mail or by certified mail.
Section 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines. It has been determined that the adoption of this Resolution will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of R egulations. It can be seen with certainty that there is no possibility that the declaration of property as surplus may have a significant effect on the environment, as no development is authorized by this resolution, and any future disposition will require separate environmental analysis if and when the details of such disposition are known.
Section 5. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the designated entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act.
Section 6. This Resolution shall become effective immediately upon its adoption.
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Section 7. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 20th day of July, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
___
_______________________
WAYMOND FERMON,
MAYOR PRO TEM
A
TTEST:
___
____________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
A
S TO FORM:
___
__________________________
ROXANNE DIAZ, CITY ATTORNEY
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EXHIBIT A
LIST OF SURPLUS PROPERTY IN THE DOWNTOWN
AGENDA ITEM #9.12
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EXHIBIT A
SURPLUS PROPERTY LIST
Location Acres APN Use Zoning
1 45255 FARGO STREET 0.17 611-174-019 VACANT LOT CC
2 45265 FARGO STREET 0.17 611-174-020 VACANT LOT CC
3 44700 PALM STREET 2.77 611-075-019 VACANT BUILDING RL
AGENDA ITEM #9.12
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City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Approve the Disposition and Development Agreement with HCL Indio Land Development, LLC for approximately 15.35 acres of land valued at $2,173, 210 located south of Highway 111 on John Nobles Avenue between Monroe Street and Rubidoux Street and finding that the sale of the property is in conformity with the General Plan
RECOMMENDATION:
Approve the Disposition and Development Agreement (“DDA”) with HCL Indio Land Development, LLC for approximately 15.35 acres of land located south of Highway 111 on John Nobles Avenue between Monroe Street and Rubidoux Street in th e final form negotiated by the City Manager; authorize the City Manager to negotiate and execute the final DDA in the form approved by the City Manager and City Attorney, and authorize the City Manager to execute all documents necessary to effectuate the DDA, and find that the DDA is in conformance with the General Plan.
SUMMARY:
The proposed Disposition and Development Agreement (“DDA”) is for the sale and development of five parcels of City -owned property located south of Highway 111 on John Nobles Avenue between Monroe Street and Rubidoux Street (“Property”) to HCL Indio Land Development, LLC (“Developer”).
The DDA creates the blueprint for the revitalization of that area and is consistent with the City’s long- range planning goals. The proposed development will stimulate new investment, create new jobs and generate additional sales tax and property tax revenues for the community.
BACKGROUND INFORMATION:
Indio is experiencing a renaissance period of growth and prosperity. A lot is happening behind the scenes to revitalize the City, including, activating empty storefronts, cleanin g up the public realm (appearance and cleanliness), facade improvements and recruitment of various businesses. Also, College of the Desert is proceeding with their expansion for more class rooms and child care facility.
One of the goals of Indio’s Centr al Highway 111 Corridor Specific Plan is to build upon and take advantage of Indio’s internationally-known festivals that bring over 1.2 million visitors to our community (locally, regionally, and internationally), which provides great opportunities for visitors from around the world to discover Indio. By the coordinated design, programming, and branding of the Central Highway 111 Corridor Specific Plan —including public realm improvements to create high -quality public gathering spaces—Indio will become one of the premier event venues of the of the region.
AGENDA ITEM #9.13
Approve the Disposition and Development Agreement with HCL Indio Land De... Page 256 of 556 As is relates to the Property, the Central Highway 111 Corridor Specific Plan provides for mixed use development and encourages the integration of residential buildings with commercial buildings. This mix encourages pedestrian activity as well as provides around the clock use and encourages social interaction in public areas both during the day and evening.
The proposed DDA provides for the development of five parcels that are collectively 15.35 acre s in size. The Developer’s vision is to develop Parcel 1 (2.79 acres) and Parcel 2 (5.59 acres) as residential, Parcel 3 (4.42 acres) as hospitality/retail and Parcel 4 (1.37 acres) and Parcel 5 (1.38 acres) as parking for the benefit of the other parcels and the surrounding community. The design of the vehicular circulation through and around the site will incorporate all five of the parcels and their respective projects as a cohesive master planned project.
Each individual parcel will have its own pers onal design to allow for individual identity while maintaining certain architectural elements to link the all the projects architecturally. The roadway design, parking areas, pedestrian paths and landscaping will provide the design and circulation link between the parcels.
Parcel 1 (Residential), Parcel 4 and Parcel 5 (Parking) will be developed in accordance with the Schedule of Performance set forth in the DDA. Parcel 2 (Residential) and Parcel 3 (Hotel) will be developed independently as demand from r esidential consumers, hospitality operators and retail lessees is created. In addition, these parcels have existing infrastructure limitations (i.e. electrical) which may delay the development timeline.
It should be noted that development of the parcels will conform to the newly amended Highway 111 Corridor Specific Plan that is currently under development. The focus of this newly amended specific plan is to focus on new housing and commercial development as well create a stronger sense of place and of arrival into the City of Indio. Accordingly, improvements to be constructed on the site will be of high architectural quality as well as efficiently and aesthetically designed. The shape, scale, exterior design and exterior finishes shall be coordinated thro ughout the development of each parcel. The location and scale of each development will take into consideration the adjacent property uses, guiding the placement and proximity of the improvements to the surrounding streets, developments and adjacent neighborhoods.
Upon execution of the DDA, the parties will open escrow for the conveyance of the Property. The Developer will deposit $50,000 and the Property will be sold at fair market value, which is currently estimated at $2,173,210. The Property is bei ng sold “as-is” and the Developer will have a specified due diligence period in which to undertake any studies or environmental review of the Property.
In order for the purchase of the Property to close, certain conditions must be fulfilled or waived by both parties. For example, the DDA provides that the “Entitlement Date” shall have occurred, this means that the “entitlements” as defined in the DDA which provide for the development of the Parcels, shall have been issued and the time periods for challenge shall have past. Another closing condition requires the City to provide the Parcels to the Developer free and clear of utility and road easements as well as have a final map establishing the five separate parcels recorded. The outside closing date for the purchase is December 31, 2022.
The proposed sale and use of the property is consistent with the General Plan. Accordingly, staff recommends that the City Council acting as the “planning agency” find the sale of the property in conformance with the General Plan.
AGENDA ITEM #9.13
Approve the Disposition and Development Agreement with HCL Indio Land De... Page 257 of 556 In closing, the proposed DDA will benefit the City and the community at large and will stimulate the development of the Property that has been vacant for many years.
CEQA:
Pursuant to Section 15004 of the California Environmental Quality Act (“CEQA”) Guidelines, the project described herein is found to be consistent with the Final Environmental Impact Report (FEIR) for the City of Indio General Plan 2040. On September 18, 2019, the City of Indio City Council adopted Resolution California Report, Impact Environmental adopting the certifying 10106 No. Final Environmental Quality Act (CEQA) findings, a Mitigation Monitoring and Reporting Progra m and a Statement of Overriding Considerations for the City of Indio General Plan 2040. Further, on September 18, 2019, the City of Indio City Council adopted Resolution No. 10107 adopting the City of Indio General Plan 2040. On March 16, 2020, the City of Indio executed an agreement with the California State Department of Housing and Community Development a grant agreement for the development of a Specific Plan for the Highway 111 Corridor inclusive of the properties described herein. This Specific Plan up on adoption by the City of Indio City Council shall govern land use and development standards for all affected properties. As part of the Specific Plan development, supplemental environmental analysis is being conducted. Pursuant to California 65454, no sp ecific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan. Therefore, any future private party development actions contemplated under the project City shall be consistent with the adopted Specific Plan that in turn must be consistent with the City’s adopted General Plan. The City Council, based on the whole record before it, and pursuant to the provisions of Section 15004 of the California Environmental Quality Act (“CEQA”) Guidelines finds in its independent judgment and analysis: (i) that there is no substantial evidence that the project will have a significant effect on the environment than that previously analyzed and contemplated in the certified FEIR; (ii) that the agreement specified herein shall be conditioned on compliance with CEQA pursuant to Section 150004.4.A of the CEQA Guidelines; (iii) that the agreement specified herein shall not bind any party or commit to any definite course of action prior to CEQA compliance pursuant to Section 150004.4.B of the CEQA Guidelines; (iv) that the agreement specified herein shall not restrict the lead agency from considering any feasible mitigation measures and alternatives including the no project alternative pursuant to Section 150004.4.C of the CEQA Guidel ines; and (v) that the agreement specified herein shall not restrict the lead agency from denying the project pursuant to Section 150004.4.D of the CEQA Guidelines; and (v) that the agreement specified herein shall not restrict the lead agency from denying the project pursuant to Section 150004.4.D of the CEQA Guidelines.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$2,173,210 In current year budget: No
Current FY General
Fund Impact:
$2,173,210 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
AGENDA ITEM #9.13
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ATTACHMENTS:
Disposition and Development Agreement
APPROVAL(S):
Carl S. Morgan, Dir. Of Economic Development Approved - 13 Jul 2022 Roxanne Diaz, City Attorney Approved - 13 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 Jul 2022 Bryan H. Montgomery, City Manager Approved - 13 Jul 2022
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DISPOSITION AND DEVELOPMENT AGREEMENT
by and between the
CITY OF INDIO
and
HCL INDIO LAND DEVELOPMENT, LLC,
a Delaware limited liability company
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TABLE OF CONTENTS
Page
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1.0 DEFINITIONS .................................................................................................................. 1
2.0 CONVEYANCE OF THE SITE ....................................................................................... 4
2.1 Site Conveyance.................................................................................................... 4
2.2 Escrow................................................................................................................... 4
2.3 Deposit .................................................................................................................. 5
2.4 Escrow Instructions ............................................................................................... 6
2.5 Authority of Escrow Agent ................................................................................... 6
2.6 Closing .................................................................................................................. 6
2.7 Closing Procedures ............................................................................................... 7
2.8 Review of Title ..................................................................................................... 7
2.9 Title Insurance ...................................................................................................... 8
2.10 Conditions of Closing ........................................................................................... 8
2.10.1 City Conditions Precedent ........................................................................ 8
2.10.2 Developer’s Conditions Precedent .......................................................... 10
2.10.3 Developer Representations ..................................................................... 11
2.11 Studies and Reports............................................................................................. 11
2.12 Condition of the Site ........................................................................................... 11
2.12.1 Investigation ............................................................................................ 11
2.12.2 No Further Warranties ............................................................................ 12
2.12.3 Release .................................................................................................... 12
3.0 DEVELOPMENT OF THE SITE ................................................................................... 13
3.1 Scope of Development ........................................................................................ 13
3.2 Land Use Approvals ........................................................................................... 13
3.3 Schedule of Performance .................................................................................... 14
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3.4 Cost of Construction; Limited Reimbursement by City of a Portion of the Cost of Offsite Work ................................................................................ 14
3.5 Insurance Requirements ...................................................................................... 14
3.6 Developer’s Indemnification .............................................................................. 15
3.7 Rights of Access ................................................................................................. 15
3.8 Certificate of Completion ................................................................................... 15
3.9 Compliance With Laws....................................................................................... 16
3.9.1 Prevailing Wage Indemnity .................................................................... 16
3.9.2 Liens and Stop Notices ........................................................................... 16
4.0 COVENANTS AND RESTRICTIONS ......................................................................... 16
4.1 Uses ..................................................................................................................... 16
4.2 Operation and Maintenance ................................................................................ 16
5.0 DEFAULTS AND REMEDIES ..................................................................................... 17
5.1 Defaults ............................................................................................................... 17
5.2 Remedies; Institution of Legal Actions .............................................................. 17
5.3 Reentry and Revesting of Title to the Site After the Conveyance and Prior to Completion of Construction................................................................... 18
5.4 Acceptance of Service of Process ....................................................................... 19
5.5 Rights and Remedies Are Cumulative ................................................................ 19
5.6 Inaction Not a Waiver of Default........................................................................ 19
5.7 Applicable Law ................................................................................................... 19
6.0 GENERAL PROVISIONS ............................................................................................. 19
6.1 Notices, Demands and Communications Between the Parties ........................... 19
6.2 Enforced Delay; Extension of Times of Performance (Force Majeure)
.............................................................................................................. 20
6.3 Transfers of Interest in Site or Agreement .......................................................... 20
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6.3.1 Prohibition............................................................................................... 20
6.3.2 Permitted Transfers ................................................................................. 21
6.3.3 Successors and Assigns........................................................................... 21
6.4 No Liability of Officials and Employees ............................................................ 21
6.5 Relationship Between City and Developer ......................................................... 21
6.6 City Approvals and Actions ................................................................................ 21
6.7 Counterparts ........................................................................................................ 21
6.8 Integration ........................................................................................................... 21
6.9 Real Estate Brokerage Commissions .................................................................. 22
6.10 Attorneys’ Fees ................................................................................................... 22
6.11 Titles and Captions ............................................................................................. 22
6.12 Interpretation ....................................................................................................... 22
6.13 No Waiver ........................................................................................................... 22
6.14 Modifications ...................................................................................................... 22
6.15 Severability ......................................................................................................... 22
6.16 Computation of Time .......................................................................................... 22
6.17 Time of Essence .................................................................................................. 23
6.18 Further Assurances.............................................................................................. 23
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ATTACHMENTS
Attachment 1: Legal Description of Site
Attachment 1A: Diagram of Site
Attachment 2: Scope of Development
Attachment 3: Schedule of Performance
Attachment 4: Form of Grant Deed
Attachment 5: Form of Certificate of Completion
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DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (this “Agreement”) is dated as of _______________, 2022 (“Effective Date”) , and is entered into by and between the CITY OF INDIO, a California municipal corporation (“City”), and HCL INDIO LAND DEVELOPMENT, LLC, a Delaware limited liability company (“Developer”).
RECITALS
The following recitals are a substantive part of this Agreement; capitalized terms used herein and not otherwise defined are defined in Section 1.0 hereof.
A. The purpose of this Agreement is to provide for the disposition to Developer and development by Developer of portions of the land legally described on Attachment 1 hereto, which portions are depicted on Attachment 1A hereto (hereinafter referred to as the “Site” or the “Property”). The Property consists of 5 distinct parcels, which Parcels are sometimes referred to herein collectively as the “Parcels”, individually as a “Parcel”, and each specifically as follows:
Parcel C -1, also known as the “Parcel 1 ” containing approximately 2.79 acres, intended to be developed with multifamily housing;
Parcel C-2, also known as the “ Parcel 2” containing approximately 5.59 acres , intended to be developed with townhomes; and
Parcel C-3, also referred to herein as “Parcel 3”, containing approximately 4.22 acres, intended to be developed with a hotel;
Parcel C -4, also known as the “ Parcel 4” containing approximately 1.37 acres, intended to be developed with a parking lot; and
Parcel C-5, also referred to herein as “Parcel 5”, containing approximately 1.38 acres, intended to be developed with a parking lot.
B. The City and Developer wish to enter into this Agreement in order to set forth the terms and conditions relating to the City’s disposition of the Parcels to Developer, and the development of a project on each of the Parcels as described in Section 3.1 and the Scope of Development attached hereto as Attachment 2 (each such project individually a “Project” and all such Projects collectively, the “Projects”).
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the sufficiency of which are hereby acknowledged, City and Developer hereby agree as follows:
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1.0 DEFINITIONS.
As used in this Agreement, the following capitalized terms shall h ave the following meanings, unless otherwise specified:
A. “Agreement” means this Disposition and Development Agreement between City and Developer.
B. “Business Day” means any day that is not a Saturday, Sunday or a holiday on which banks in the City of Los Angeles are required or authorized to close.
C. “Certificate of Completion” is defined in Section 3.8, and a form of it is attached hereto as Attachment 5.
D. “City’s Conditions Precedent” means the conditions precedent to each Parcel Closing to the benefit of City, as set forth in Section 2.10.1.
E. “Closing” is defined in Section 2.6.
F. “Closing Date” is defined in Section 2.6.
G. “Conveyance” is defined in Section 2.1.
H. “County” means the County of Riverside, California.
I. “Date of Agreement” is the date set forth in the first paragraph of this Agreement.
J. “Default” means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure, as set forth in Section 5.1.
K. “Developer” means HCL Indio Land Development , LLC, a Delaware limited liability company, and its permitted successors and assigns.
L. “Developer’s Conditions Precedent” means the conditions precedent to the Closing for the benefit of Developer, as set forth in Section 2.10.2.
M. “Due Diligence Period” is defined in Section 2.12.1.
N. “Effective Date” means the date on which this this Agreement has been fully executed by both parties, which date shall be inserted into the preamble of this Agreement.
O. “Escrow” is defined in Section 2.2.
P. “Escrow Agent” is defined in Section 2.2.
Q. “Entitlement Date” means the date following issuance of the Entitlements by the City (acting in the exercise of its police powers, and not pursuant to this Agreement), subject to conditions of approval acceptable to Developer in its sole discretion, on which all appeal periods
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relating to issuance of the Entitlements have expired without appeal being made, and all legal challenge periods applicable thereto have expired without action have been filed (or if any appeal is made or action is brought, such later date upon which all such appeals and/or actions have been definitively resolved on terms and conditions approved by Developer in its sole discretion.
R. “Entitlements” means that the specific plan , specific plan amendment , statutory development agreement and other discretionary land use approvals allowing for development of the Parcels as contemplated herein requested pursuant to Developer’s application to the City submitted prior to the Effective Date, together with all findings, adoptions and determinations required in connection therewith, have been issued by the City (acting pursuant to its police powers), and all conditions of approval thereto. For the avoidance of doubt and solely for the purposes of t his Agreement, the term Entitlements as used in this Agreement does not include design review, plan check, grading permits, excavation permits, foundation permits or building permits ( all of which , Developer acknowledges, may be required by the City under its police powers in connection with each Project).
S. “Exceptions” is defined in Section 2.8.
T. “Governmental Requirements” means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State, the County, the City or any other political subdivision in which the Site is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over Developer or the Site.
U. “Grant Deed” means the grant deed for the Conveyance of the Parcels from City to Developer substantially in the form of Attachment 4.
V. “Hazardous Materials” means any substance, material or waste which is or becomes, prior to the Closing, regulated by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance which is:
i. Defined as a “hazardous waste,” “acutely hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
ii. Defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley-Tanner Hazardous Substance Account Act),
iii. Defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), iv. Defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),
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v. Petroleum,
vi. friable asbestos,
vii. Polychlorinated byphenyls,
viii. Designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. § 1317),
ix. Defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903), x. Defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601),
xi. Methyl-Tertiary Butyl Ether, or
xii. Any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any Governmental Requirements either requires special handling in its use, transportation, generation, collection, storage, handling, treatment or disposal, or is defined as “hazardous” or harmful to the environment.
W. “Legal Description” means the description of the Site attached hereto as Attachment 1.
X. “Monetary Obligations” means any and all liens, liabilities and encumbrances placed, or caused to be placed, of record against the Site evidencing a monetary obligation that can be removed by the payment of money, including delinquent property taxes and assessments, deeds of trust, mechanic’s liens, execution liens, tax liens and judgment liens, but excluding liens for property taxes and assessments not yet payable.
Y. “Notice” means a notice in the form prescribed by Section 6.1.
Z. “Outside Closing Date” is defined in Section 2.6.
AA. “Project” and “Projects” are defined in Recital B.
BB. “Project Plans” means those plans, specifications and drawings for development of the Project which are (i) to be submitted to City for its approval, and (ii) required to obtain building permits for construction of the Project.
CC. “Remediate” or “Remediation” means investigation, characterization, monitoring, remediation (active or passive), removal and any other response actions associated with Hazardous Materials at, on or under the Site, including, without limitation, offsite disposal and transportation of Hazardous Materials, replacement of any exported soil with clean import fill and compacted to the compaction requirements necessary for Developer’s intended use, which actions are necessary to allow Developer’s development of the Project to occur without any mitigation measures or
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institutional or engineering controls such as, but not limited to, vapor barriers, special construction, handling or disposal requirements.
DD. “Schedule of Performance” means the schedule of performance attached hereto as Attachment 3, setting out the dates and/or time periods by which certain obligations set forth in this Agreement must be accomplished.
EE. “ Scope of Development” is described in Section 3.1 and is attached hereto as Attachment 2.
FF. “Site” or “Property” means collectively the five Parcels to be sold hereunder, which five Parcels are legally described on Attachment 1 and depicted on Attachment 1A together with all easements, rights-of-way, development rights, entitlements, air rights, and other appurtenances relating or appertaining thereto, free and clear of any and all liens, liabilities, encumbrances, exceptions and claims, other than the Condition of Title.
GG. “Title Company” is defined in Section 2.2.
HH. “Title Policy” is defined in Section 2.9.
2.0 CONVEYANCE OF THE SITE.
2.1 Site Conveyance. The City agrees to convey the Site to Developer and Developer agrees to acquire the Site from the City (the “Conveyance”), in accordance with and subject to all of the terms, covenants, and conditions of this Agreement, including the City’s Conditions Precedent and Developer’s Conditions Precedent as set forth in Section 2.10, below.
2.2 E
scrow . The parties shall promptly open escrow for the Conveyance of the Site (the “Escrow”) with First American Title Insurance Company, at 74770 Highway 111, Suite 101, Indian Wells, CA 92210, Attn: Deana Perricone, Escrow Officer ( [email protected]; 760-
469-8893) (the “Escrow Agent” and “Title Company”).
2.3 D eposit; Purchase Price; Costs .
2.3.1 Deposit. Within five (5) Business Days after the full execution of this Agreement, Developer shall promptly deposit Fifty Thousand Dollars ($50,000.00) with Escrow Agent (the “Deposit”), and such Deposit shall be applied as a credit against the Purchase Price of the Parcels upon Closing, or shall be liquidated damages to the City in the event the Closing does not occur as the result of a default by Developer that extends beyond any applicable notice and cure period.
2.3.2 P arcel Purchase Price. Developer shall pay to the City at Closing the sum of the following amounts for the purchase of the Parcels (“Purchase Price”):1 Parcel 1 121,376 s.f. x $3.25: $394,472
1 Prices to be revised based on updated appraisal.
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Parcel 2 243,669 s.f. x $3.25: $791,924.25
Parcel 3 183,701 s.f. x $3.25: $597,028.25
Parcel 4 59,750 s.f. $3.25: $194,187.50
Parcel 5 60,184 s.f. x $3.25: $195,598
2.3.3 Closing Costs. At the Closing, City shall pay for the cost of a standard coverage owner’s Title Policy and Developer shall pay for endorsements and/or extended coverage as may be requested by Developer, as set forth in Section 2.10. City shall pay documentary transfer taxes and any recording fees. City and Developer shall each pay fifty percent (50%) of all Escrow fees, and any other fees, charges, and costs not otherwise allocated herein which arise from the Escrow.
2.3.4 D
EVELOPER DEFAULT. IF THE CLOSING AND THE
CONSUMMATION OF THE TRANSACTION BETWEEN THE DEVELOPER AND CITY
HEREIN CONTEMPLATED DOES NOT OCCUR AS HEREIN PROVIDED BY THE
OUTSIDE CLOSING DATE, SOLELY BY REASON OF A DEFAULT BY DEVELOPER OF
A MATERIAL OBLIGATION HEREIN THAT IS NOT CURED WITHIN ANY APPLICABLE
NOTICE AND CURE PERIOD, DEVELOPER AND CITY AGREE THAT IT WOULD BE
IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE DAMAGES WHICH CITY MAY SUFFER. THEREFORE DEVELOPER AND CITY DO HEREBY AGREE THAT
A REASONABLE ESTIMATE OF THE DAMAGES THAT CITY WOULD SUFFER IN THE
EVENT THAT DEVELOPER DEFAULTS AND FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY IS AND SHALL BE, AS CITY’S SOLE AND EXCLUSIVE REMEDY (WHETHER AT LAW OR IN EQUITY), AN AMOUNT EQUAL TO THE DEPOSIT AS
REQUIRED OF DEVELOPER BY THE TERMS HEREOF AS OF THE DATE OF OCCURRENCE OF SUCH DEFAULT. SAID AMOUNT SHALL BE THE FULL, AGREED
AND LIQUIDATED DAMAGES FOR THE BREACH OF THIS AGREEMENT BY
DEVELOPER, ALL OTHER CLAIMS TO DAMAGES OR OTHER REMEDIES BEING HEREIN EXPRESSLY WAIVED BY CITY. THE DEPOSIT SHALL CONSTITUTE
LIQUIDATED DAMAGES TO CITY PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1677. UPON DEFAULT BY DEVELOPER (BEYOND ANY APPLICABLE NOTICE AND
CURE PERIOD), THIS AGREEMENT SHALL BE TERMINATED AND NO PARTY SHALL
HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER, EACH TO THE OTHER
PARTIES HEREIN, EXCEPT FOR THE RIGHT OF CITY TO COLLECT SUCH LIQUIDATED
DAMAGES FROM DEVELOPER OR (IF APPLICABLE) ESCROW HOLDER, AND, IF
LEGAL ACTION IS REQUIRED TO COLLECT SUCH LIQUIDATED DAMAGES, TO RECOVER ITS ATTORNEYS’ FEES AND COSTS. NOTWITHSTANDING THE
FOREGOING, AND NOTWITHSTANDING THE TERMINATION OF THE AGREEMENT,
EACH PARTY WILL STILL BE ENTITLED TO ANY INDEMNIFICATION PROVIDED IN THIS AGREEMENT.
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DEVELOPER’S INITIALS:
________
CITY INITIALS:
2.4 Escrow Instructions. This Agreement constitutes the joint escrow instructions of Developer and City for the Conveyance of the Site If in the opinion of either party it is necessary or convenient in order to accomplish the Closing of the Conveyance of the Site , such party may require that the parties sign supplemental escrow instructions; provided that if there is any inconsistency between this Agreement and the supplemental escrow instructions, then the provisions of this Agreement shall control.
2.5 A
uthority of Escrow Agent . Upon Closing, Escrow Agent is authorized to, and shall:
(a) Pay and charge City for the cost of the premium of the standard coverage Title Policy as set forth in Section 2.9, below.
(b) Pay and charge Developer for any endorsements or extended title insurance coverage which are requested by the Developer.
(c) Record in the Recorder’s Office of Riverside County the Grant Deed when both Developer’s Conditions Precedent and the City’s Conditions Precedent have been fulfilled or waived in writing by the benefited party, as confirmed in writing by each party.
(d) Prepare appropriate Certificates of Non -Foreign Status, Certifications of Compliance with Real Estate Reporting Requirement of the 1986 Tax Reform Act and/or a California Franchise Tax Board Form 593W or similar forms to assure that there exist no withholding requirements imposed by applicable law (unless Escrow Agent determines that this transaction is exempt from certificate/filing requirements because the City is a California public entity which is exempt from tax).
(e) Prepare and file with all appropriate governmental or taxing authorities a uniform settlement statement, closing statement, tax withholding forms including an IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or required by law.
(f) Prepare and deliver preliminary and final Settlement Statements for the Escrow, and distribute and apply funds consistent with the preliminary Settlement Statement approved by City and Developer.
2.6 Closing. The Closing (as defined below in this paragraph) shall occur within five (5) Business Days after the parties’ satisfaction of all of City’s Conditions Precedent and Developer’s Conditions Precedent to Closing as set forth in Section 2.10, below, but in no event later than December 30, 2022 (the “Outside Closing Date”). If t he Closing has not closed on or before the Outside Closing Date due to no default of the parties, then City or Developer may
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terminate this Agreement by written notice to the other, or if one party is in default, the other party shall be entitled to termin ate this Agreement in accordance with Section 5.1 below. The Closing shall occur through the Escrow as set forth in this Agreement. The “Closing” shall mean the time and day the Grant Deed for the Parcels are filed for recording with the Recorder’s Office of Riverside County; and the “Closing Date” shall mean the day on which the Closing occurs.
2.7 Closing Procedures. Escrow Agent shall close Escrow for the Site as follows:
(a) Record the Grant Deed with the Recorder’s Office of Riverside County , California;
(b) Instruct the Title Company to deliver the Title Policy to Developer with a copy to City;
(c) File any informational reports required by Internal Revenue Code Section 6045(e), as amended, and any other applicable requirements; (d) Deliver the FIRPTA Certificate(s) and similar certificate(s), if any, to Developer; and
(e) Pay costs and distribute funds in accordance with a preliminary Settlement Statement approved by both parties, and later forward to both Developer and City a final Settlement Statement for all funds received and disbursed for each party with copies of all executed and recorded or filed documents deposited into Escrow, with such recording and filing date and information endorsed thereon.
2.8 Review of Title.
(a) Developer will promptly obtain from the office of Title Company a preliminary report (the “Report”) with respect to the title to the Site, together with legible copies of the documents underlying the exceptions (“Exceptions”) set forth in the Report. Developer shall have the right to approve or disapprove the Exceptions; provided, however, that Developer hereby approves liens for any non- delinquent assessments (with assessments to be prorated at Closing).
(b) Until the date that is sixty (60) days after the date of this Agreement (“Title Review Period”), Developer may give written notice to the City and Escrow Agent of its approval or disapproval of any Exceptions. If Developer notifies the City of its disapproval of any Exceptions in the Report within the Title Review Period, the City shall have the right, but not the obligation, to:
(1) Remove any disapproved Exceptions within thirty (30) days after receiving written notice of Developer’s disapproval; or
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(2) Provide assurances reasonably satisfactory to Developer that such Exceptions will be removed on or before the Closing of the Parcels. (c) If the City cannot or does not elect to remove any of the disapproved Exceptions within such thirty (30) day period, Developer shall have ten (10) days after the expiration of such thirty (30) day period to either: (a) give the City written notice that Developer elects to proceed with the conveyance of the Site subject to the disapproved Exceptions or (b) give the City written notice that Developer elects to terminate this Agreement . (d) The Exceptions to title approved by Developer as provided herein shall hereinafter be referred to as the “Condition of Title.” (e) Developer shall also have the right to approve or disapprove all Exceptions (other than those created by Developer) which are reported by the Title Company to Developer after Developer has approved the Condition of Title for the Site as set forth above, and if disapproved by Developer in writing to City with description of the reason for disapproval, then Developer may in such written notice or a subsequent written notice given before the scheduled Closing, terminate the Agreement.
(f) The City shall not create any new exceptions to title following the date hereof, and shall ensure, at its sole cost and expense, that all Monetary Obligations on the Site (except liens for assess ments not yet payable) are satisfied and removed prior to or concurrently with the Closing.
2.9 Title Insurance. As a condition to Developer’s obligation to close, the Title Company must commit to issue to Developer a standard owner’s policy of title insuranc e with respect to each of the Parcels (collectively, the “Title Policy”), together with such endorsements and/or extended coverage as may be requested by Developer, including, without limitation, a Subdivision Map Act endorsement, issued by the Title Company insuring that the title to the Site is vested in Developer in the condition required by Section 2.8. Any ALTA survey that may be required to obtain an extended coverage policy of title insurance (if desired by Developer or its lender) shall be the sole responsibility of Developer. The cost of any extended coverage beyond the standard owner’s policy shall also be the responsibility of Developer. The Title Company shall provide Developer with the Title Policy for and shall provide a copy of the Title P olicy to the City. The Title Policy shall be in the amount of the Purchase Price .
2.10 C
onditions of Closing .
2.10.1 City Conditions Precedent. The City’s obligation to convey the Site to Developer at Closing is subject to the fulfillment (or written waiver by City) of each and every one of the following conditions (“City’s Conditions Precedent”), which are solely for the benefit of City:
(a) E
xecution of Documents/Funds . Developer shall have executed and acknowledged any documents required hereunder and shall have delivered such documents and the Purchase Price into Escrow.
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(b) Insurance. Developer shall have provided certificates for the insurance as required by Section 3.5.
(c) No Default . As of the Closing, Develope r shall not be in default in any of its obligations under the terms of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects.
(d) C
EQA. City shall have made all necessary finding s and determinations in connection with the sale and potential development of the Parcel s as required under the California Environmental Quality Act (CEQA). (e) E ntitlements . The Entitlement Date shall have occurred.
If one or more of the City’s Conditions Precedent is not satisfied , or waived in writing by City, City may terminate this Agreement by written notice to Developer (and the Deposit shall be returned to Developer).
2.10.2 Developer’s Conditions Precedent . Developer’s obligation to proceed with the purchase of the Site is subject to the fulfillment or waiver by Developer of each and all of the following conditions (“Developer’s Conditions Precedent”), which are solely for the benefit of Developer and may be waived by Developer in its sole discretion:
(a) R
eco rdation of Final Parcel Map: A final parcel map establishing the five Parcels in form and substance approved by Developer shall have been recorded in Recorder’s Office of Riverside County.
(b) E
xecution of Documents . The City shall have executed and acknowledged the Grant Deed and any other documents required hereunder, and delivered such documents into Escrow.
(c) T itle Policy . The Title Company shall, upon payment of Title Company’s regularly scheduled premium, have agreed to provide the Title Policy for the Site upon the Closing, in accordance with Section 2.9, above , which Title Policy may, at Developer’s option be issued as up to five separate policies covering each of the five Parcels.
(d) E
nvironmental . Developer shall have approved, in writing, the environmental condition of the Site pursuant to Section 2.12, below. (e) N o Default . As of the Closing, City shall not be in default in any of its obligations under the terms of this Agreement and all representations and warranties of City contained herein shall be true and correct in all material respects.
(f) E
ntitlements . The Entitlement Date shall have occurred. (g) Parcels. City shall have at its sole cost caused each of the five Parcels to be a separately subdivided legal lot, free of utility and road easements.
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If one or more of the Developer’s Conditions Precedent is not satisfied, or waived in writing by Developer, Developer may terminate this Agreement by written notice to City, and the Deposit shall be returned to Developer.
2.10.3 Representations and Warranties. Developer represents and warrants to City as follows:
(a) Developer is a duly organized limited liability company within and in good standing under the laws of the State of Delaware.
(b) Developer has full right, power and lawful authority to accept the Conveyance of the Site, develop the Project on the Site, and undertake all obligations as provided herein.
(c) The execution, performance and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part of Developer. (d) Developer’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement, or order to which Developer is a party or by which it is bound.
Until the Closing, Developer shall, upon learning of any fact or condition which would cause any of its warranties and representations in this Section to become materially incorrect as of Closing, immediately give written notice of such fact or condition to City. Such exception(s) to a representation shall not be deemed a breach, but shall constitute a matter which the City shall have a right to approve, or if not cured by Developer with ten (10) Business Days after written notice, to disapprove and terminate this Agreement.
City represents and warrants to Developer as follows:
(a) The execution, performance and delivery of this Agreement by City has been fully authorized by all requisite actions on the part of City. (b) City’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or breach under any contract, agreement or order to which City is a party or by which it is bound. (c) As of the Closing, City has/shall have delivered to Developer all of the Deliveries as required under Section 2.11 below.
2.11 Studies and Reports . City shall provide Developer with true, correct and complete copies of all material non-privileged agreements, reports, surveys, assessments, studies and other written documents and/or electronic documents in the possession or control of City with respect to the Site (collectively, the “Deliveries”) within ten (10) Business Days after the date hereof.
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2.12 Condition of the Site.
2.12.1 Investigations. Until the date that is one hundred eighty (180) days after the date of this Agreement (“Due Diligence Period”), Developer may at its own sole expense, cause environmental and soils investigations of the Site to be performed by consultants. Upon City’s request, Developer shall promptly provide City, at no cost to Developer and with no representations or warranties of any kind, with a copy of all reports and test results provided by Developer’s consultants. Developer may approve its due diligence of the Site by giving written notice to the City (the “A pproval Notice”) in accordance with Section 6.1. Developer may terminate this Agreement within the Due Diligence Period by giving written notice to the City in accordance with Section 6.1 if Developer finds any aspect of the Site or Deliveries unacceptable for any reason in its sole and absolute discretion, and upon such termination the Deposit shall be refunded to Developer. If Developer has not delivered the Approval Notice prior to expiration of the Due Diligence Period, Developer shall be deemed to have elected to terminate in accordance with the preceding sentence.
2.12.2 N
o Further Warranties; Delivery of Property “ AS IS”. The physical condition of the Site is and shall be delivered to Developer in an “as -is” condition, with no representation or warranty, express or implied, by the City, including without limitation, the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Site for the development purposes inte nded hereunder.
2.12.3 R
elease. Nothing in this Section 2.12.3 shall release City from, or constitute a waiver by Developer of, City’s obligations under applicable law to disclose to Developer all material facts known to City about the Site and not known to Developer prior to the Closing. Subject to the foregoing, Developer hereby releases City, and its officers, employees, agents, representatives and volunteers (collectively, the “Released Parties”) and agrees to hold harmless from and against any claim, action, suit, proceeding, damage, liability, deficiency, fine, penalty, or punitive damage (including, without limitation, reasonable attorneys’ fees) (collectively, “Claims”), resulting from, arising out of, or based upon (i) the release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Site prior to the Closing or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Site prior to the Closing. Notwithstanding the foregoing, the provisions of this Section shall not apply to any Claims that may be asserted by Developer against the Released Parties based upon any fraud, misrepresentation, or intentional concealment by any Released Parties. This release includes claims of which Developer is presently unaware or which Developer does not presently suspect to exist which, if known by Developer, would materially affect Developer’s release of the Released Parties. Developer specifically waives the provision of 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 EXPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND
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THAT, IF KNOWN TO HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.”
In this connection, Developer hereby agrees, represents and warrants that Developer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Developer further agrees, represents and warrants that the waivers and releas es herein have been negotiated and agreed upon in light of that realization and that Developer nevertheless hereby intends to release, discharge and acquit Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included as a material portion of the consideration given to City by Developer in exchange for City ’s performance hereunder.
Developer hereby agrees that, if at any time after the Closing any third party or any governmental agency seeks to hold Developer responsible for the presence of, or any loss, cost, or damage associated with, Hazardous Materials in, on, above or beneath the Property or emanating therefrom, which presence or emanation was caused by Developer or its agents, employees or contractors then Developer waives any rights it may have again st City in connection therewith, and Developer agrees that it shall not (i) implead the City, (ii) bring a contribution action or similar action against City, or (iii) attempt in any way to hold City responsible with respect to any such matter. The provisions of this Section shall only become effective upon the Closing, and shall survive the Closing.
City and Developer have each initialed this Section to further indicate their awareness and acceptance of each and every provision hereof.
CITY’S INITIALS DEVELOPER’S INITIALS
3.0 DEVELOPMENT OF THE SITE.
3.1 Scope of Development . In the event Closing occurs, Developer shall develop Parcel 1, Parcel 4 and Parcel 5 in accordance with the Scope of Development ( Attachment 2 hereof), and the plans, drawings and documents to be submitted by Developer and approved by the City as set forth herein, within the time periods set forth in the Schedule of Performance (subject to delay in accordance with Section 6.2, below), including constructing all onsite and offsite improvements required as conditions of regulatory approval of the foregoing (collectively, the “Required Projects” and each, a “Required Project”). Developer shall not be required to develop and construct a Project on Parcel 2 or Parcel 3, subject to the City’s rights under Section
5.3 below if no Project is commenced on either such Parcel. Notwithstanding the foregoing, City acknowledges that (a) Developer (or its successor as developer with respect to a particular Parcel) may seek changes to the Entitlements with respect to such Required Project and (b) Developer may not have obtained all entitlements for the development and construction of the type of Project it (or its successor as developer with respect to such Parcel) desires to develop and construct on Parcel 2 and/or 3 following the Closing (any such item being referred to herein as “Additional
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Entitlements"), and i n connection therewith City agre es that this Agreement is not intended to prohibit Developer ( i) from applying to the City in accordance with all then applicable Governmental Requirements for such Additional Entitlements or (ii) from developing, improving and using Parcel 2 or Parcel 3 in accordance with Additional Entitlements following issuance thereof and expiration all applicable periods relating thereto (whereupon such Additional Entitlements shall be deemed Entitlements for the purposes of this Agreement).
3.2 Land Use Approvals/Permit s;. Following the Closing, Developer shall, at its own expense, be solely responsible for securing or causing to be secured any and all entitlements, permits and approvals from the City and any other applicable governmental agency for the development of the Required Projects in compliance with the Schedule of Performance set forth in Attachment 3.
3.3 Prevailing Wages.
3.3.1 Waiver. Developer, for itself and its contractors, hereby expressly agrees that City has satisfied its obligations under the prevailing wage laws to identify projects as being subject to the prevailing wage laws and any other obligations imposed upon the City under Labor Code Section 1726 and/or Section 1781 that are owed to or may be actionable by Developer and its contractors. Furthermore, Developer, for itself and its contractors hereby expressly waives any right of action against the City created under Labor Code Section 1726 and/or Section 1781, whether known, or unknown, foreseen or unforeseen relating to the Project and/or any Public Improvement and shall indemnify and hold City harmless from any claims, penalties, actions or causes of action asserted against the City related thereto.
3.3.2 No Monetary Assistance. The parties acknowledge that this Agreement does not, and is not intended to, vest the Developer with any right to obtain monetary assistance from the City for design, construction or installation of any part of the Project. T he Project is a privately funded, privately constructed project which the parties understand, based on existi ng law, decisions of the California courts, and public works determinations of the Director of the Department of Industrial Relations, is not a “public work” within the meaning of Labor Code Section 1720 and is not subject to payment of prevailing wages or other compliance with the Prevailing Wage Laws (Labor Code Sections 1720 et seq.).
3.4 Insurance Requirements. Developer shall maintain, or shall cause its general contractor and each material subcontractor retained for construction of improvements on any Parcel to maintain on its own behalf a commercial general liability policy in the amount of Two Million Dollars ($2,000,000) per occurrence, and a comprehensive automobile liability policy in the amount of One Million Dollars ($1,000,000) per occurrence, or such lesser policy limits as the City may approve at its reasonable discretion, including contractual liability, as shall protect Developer and City from claims for such damages, and which policy shall be issued by an “A -” or better Best rated insurance carrier. Each general contractor and subcontractor performing such work must provide its own auto insurance. Such policy or policies shall be written on an occurrence form. Developer shall also furnish or cause to be furnished to the City evidence reasonably satisfactory to the City that any contractor with whom it has contracted for the performance of such work pursuant to this Agreement carries workers’ compensation insurance as required by law. Prior to commencing any construction work on improvements on any Parcel
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, Developer shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by the City setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the City and its respective officers, employees, agents, representatives and volunteers as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify C ity of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder shall be primary insurance and not be contributing with any insurance maintained by the City, and the policy shall contain such an endorsement. The insurance policy shall also contain a waiver of subrogation for the benefit of the City.
3.5 Developer’s Indemnification . Developer shall defend, indemnify, assume all responsibility for, and hold the Released Parties harmless from all claims, liabilities, losses, damages, costs and expenses of any kind or nature arising out of or relating to any damages to property or injuries to persons, including accidental death (including reasonable attorneys’ fees and costs), which arises out of any entry onto the Property by Developer or Developer’s agents, employees, or contractors pursuant to this Agreement or Developer’s construction of the Project, whether such damage shall accrue or be discovered before or after termination of this Agreement, or any claim challenging the validity of this Agreement. The foregoing indemnification and covenant to defend and hold harmless the Released Parties shall not extend to claims, liabilities, losses, damages, costs or expenses arising out of the gross negligence or willful misconduct of the City or any of the Released Parties.
3.6 R
ights of Access . Following the Closing, representatives of City shall have the right of access to each Parcel, without charges or fees, upon reasonable prior notice and at normal construction hours during the period of construction of the Project thereon for the purposes of this Agreement, including but not limited to, the inspection of the work being performed in constructing such Project. During each such visit such representatives of the City shall comply with all rules and regulations imposed by Developer’s contractor. City shall defend, indemnify, assume all responsibility for, and hold the Developer and its partners, members, managers, officers, employees, agents, representatives and contractors (collectively, the “Developer Indemnitees”), harmless from all claims, liabilities, losses, damages, costs and expenses of any kind or nature arising out of or relating to any damages to property or injuries to persons, including accidental death (including attorneys’ fees and costs), which arises out of any entry onto the Property by City or its agents, employees or contractors under this Agreement.
3.7 C
ertificate of Completion . Promptly after completion of all construction and development required by this Agreement to be completed by Developer upon a Parcel in conformity with this Agreement, the City shall furnish Developer with the Certificate of Completion with respect to such Parcel . The City shall not unreasonably withhold any such Certificate of Completion. Such Certificate of Completion shall be a conclusive determination of satisfactory completion of the construction required by this Agreement upon such Parcel and the Certificate of Completion shall so state. The Certificate of Completion shall be in such form as to permit it to be recorded in the Recorder’s Office of Riverside County. If the City refuses or fails to furnish a Certificate of Completion after written request from Developer, the City shall,
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within ten (10) days of written request therefor, provide Developer with a written statement of the reasons the City refused or failed to furnish a Certificate of Completion. The statement shall also contain City’s opinion of the actions Developer must take to obtain a Certificate of Completion under this Section. If the reason for such refusal is confined to the immediate availability of specific items of materials for landscaping, the City will issue its Certificate of Completion upon the posting of a bond or other security acceptable to City in City’s sole discretion by Developer with the City in an amount representing a fair value of the work not yet completed. Such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of any mortgage, or any insurer of a mortgage securing money loaned to finance the improvements, or any part thereof. Such Certificate of Completion is not a notice of completion as referred to in the California Civil Code Section 3093.
3.8 C ompliance With Laws . Developer shall carry out the design, construction and operation of each Project in conformity with all applicable laws, including all applicable state labor standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation (to the extent applicable) the Prevailing Wage Laws (Labor Code Sections 1720 et seq.), Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
3.8.1 P
revailing Wage Indemnity. Developer shall defend, indemnify and hold City harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from any failure by Developer or its contractors to comply with Labor Code Sections 1720 et seq., to the extent applicable.
4.0 COVENANTS AND RESTRICTIONS.
4.1 4.1 Operation and Maintenance. Following the completion of a Project on a Parcel, Developer shall maintain, or cause to be maintained, the exteriors of the buildings comprising the Project on such Parcel (including, without limitation, all landscaping) in good condition, and in compliance with all applicable conditions of entitlement approvals and all applicable City property maintenance, fire, health and building safety codes. Following the completion of the Project, Developer shall, for the purpose of facilitating Developer’s compliance with the preceding sentence: (i) retain the services of a reputable property management firm and require in the management agreement (and in any management agreement with any subsequent property management firm) that the property management firm comply with the first sentence of this Section 4.2; and (ii) retain the services of a reputable landscape maintenance firm for the purpose of keeping and maintaining the landscaping on the Site in good condition. If at any time Developer fails to so maintain the Project and/or the Site in accordance with the first sentence of this Section 4.2, and such condition is not remedied within sixty (60) days after written notice from City, then City, in addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the applicable portion(s) of the Site and perform all acts and work reasonably necessary to cure Developer’s default under the first sentence of this Section 4.2.
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Developer hereby agrees to reimburse City for the expenditures incurred in connection with such cure within thirty (30) days after written demand by Cit y with reasonable documentation supporting such costs. If Developer fails to reimburse City within such 30-day period, City shall be entitled to unilaterally record a lien upon the Project and the Site in the amount of such unreimbursed expenditures.
4.2 Run with Land for Each Parcel. Developer shall disclose the requirements set forth in this Section 4 to each prospective purchaser of each Parcel and shall cause such requirements to be incorporated as covenants in the deed from Developer to any such purchaser.
Following delivery of any such deed to a purchaser of any Parcel, such purchaser shall thereafter be obligated under each covenant set forth in this Section 4 with respect to such Parcel(s) arising after the date of delivery of such deed, and Developer and its successors and assigns with respect to the other Parcels shall be released from any further obligations under this Section 4 with respect to such conveyed Parcel.
5.0 DEFAULTS AND REMEDIES.
5.1 Defaults. Subject to the extensions of time set forth in Section 6.2 of this Agreement, failure by either party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a “Default” under this Agreement. A party claiming a Default shall give written notice of Default to the other party specifying the Default. Except as otherwise expressly provided in this Agreement, the claimant shall not terminate this Agreement, or institute any proceeding against any other party, and the other party shall not be in Default if such party within sixty (60) days from delivery of such notice, cures such Default, or if the nature of such Default is that it cannot reasonably be expected to be cured within sixty (60)-day period, then the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default if such party, with due diligence, commences to cure, correct or remedy such failure or delay within thirty (30) days after delivery of notice thereof and completes such cure, correction or remedy with diligence.
5.2 R
emedies; Institution of Legal Actions . If a default prior to Closing is not timely cured, the party not in default may terminate this Agreement by written notice to the other party.
In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court with jurisdiction over the Site.
5.3 Right to Repurchase Parcels after Conveyance. If after the Close, Developer:
(a) fails to either (i) commence vertical construction of a Project (regardless of whether a building permit or entitlements have been issued therefor) on Parcel 1, Parcel 2 or Parcel 3 or (ii) fails to commence installation of pavement suitable for parking purposes on either Parcel 4 or Parcel 5 (each individually, a “Development Parcel” and collectively (Parcels 1 through 5) , the “Development Parcel”) in either such case by, as applicable
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(A) with respect to Parcel 2 and Parcel 3, the later of the thirty-sixth (36th) month following the issuance by Imperial Irrigation District of a will serve letter confirming the availability of electrical power in sufficient levels to serve the development of a Project on such Parcel or the fifth (5th) anniversary of the conveyance thereof by the City, and (B) with respect to Parcel 1, Parcel 4 and Parcel 5, the fifth (5th) anniversary of the conveyance thereof by the City (in either such case including any applicable extensions to such schedule and subject to extensions pursuant to Section 6.2, below);
(b) transfers or suffers any involuntary transfer of any Development Parcel or any part thereof in violation of Section 6.3 of this Agreement, which is not cured within the notice and cure period in Section 5.1; or
(c) fails to timely complete any construction on any Development Parcel as required by the Schedul e of Performance (including any applicable extensions to such schedule and subject to extensions pursuant to Section 6.2, below). the City may reacquire such Parcel or Parcels for which any such default (each, a “Delayed Development Default”) has occurred (each, a “Default Parcel”) in accordance with the following:
5.3.1 The City shall exercise its right to reacquire a Default Parcel by giving written notice (a “Repurchase Notice”) of such breach with respect to such Default Parcel to the Developer not earlier than ten (10) calendar days after the applicable deadline has been missed.
In such case, Developer shall have no opportunity to cure said breach (provided that the forgoing shall not impair the right or ability of Developer to pursue any defense or counter claim to the alleged default as set forth in the Repurchase Notice, including the applicability of force majeure).
5.3.2 If City elects to repurchase, Developer or City shall open an escrow ( with respect to each Default Parcel, the “Repurchase Escrow”) with Title Company, Developer shall execute, acknowledge and deliver a grant deed for the Default Parcel to such Repurchase Escrow within thirty (30) days after the issuance of the Breach Notice, and the City will deliver to such Repurchase Escrow an amount equal to the Repurchase Price (as defined below) , as well as all escrow fees, title insurance premiums , recording fees, documentary transfer taxes and other closing costs (for which City shall be solely responsible). The closing of the Repurchase Escrow for the reconveyance of the Default Parcel to the City (with respect to each Default Parcel, the “Repurchase Closing”) shall occur not later than forty five (45) days following delivery of the Repurchase Notice. City shall be solely responsible for all escrow fees, title insurance premiums, recording fees, documentary transfer taxes and other closing costs arising out of the Repurchase Escrow. Developer agrees to cooperate in good faith, and to promptly execute and record all documents necessary to effect the right of repurchase described in this Section 5.3.
5.3.3 As used herein, the term “Repurchase Price” as used with respect to a Default Parcel shall mean the amount in cash equal to the sum of (i) the Purchase Price paid to City for the Default Parcel plu s (ii) the amount expended by Developer for site work, grading, hardscape, landscape and other improvements on the Default Parcel as of the Repurchase Closing, whether such amounts were paid for by Developer with equity or debt. Prior to the completion of construction of a Project on any Parcel, except for a deed of trust securing a loan for the development and/or construction of improvements on such Parcel (and which loan may not be
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used for any other purpose), Developer shall not voluntarily encumber such Parcel with any deeds of trust or other liens. To the extent that the Default Parcel is encumbered with a mortgage, deed of trust, mechanic’s lien, and/or materialman’s lien relating solely to work described in clause (ii), then the Repurchase Price for such Default Parcel shall also include any prepayment premium and expenses applicable thereto. Developer shall be responsible, upon Repurchase Closing for causing each mortgage, deed of trust, mechanic’s lien, and/or materialman’s lien encumbering such D efault Parcel to be reconveyed and/or released from title to the Default Parcel upon Repurchase Closing.
5.3.4 Upon the closing of the Repurchase Escrow for a Default Parcel , (a) the City shall have possession of such Default Parcel including all improvements thereon, and (b) the Repurchase Price shall be paid to Developer.
5.3.5 If the City exercises its rights under this Section and acquires any Default Parcel, Developer shall have no further responsibility for developing the Project on such Default Parcel, and, with respect to such repurchased Default Parcel, such repurchase shall be the City’s sole and exclusive remedy with respect to the Delayed Development Default giving rise to such repurchase, and each and every such other right, power and remedy with respect to such Delayed Development Default is hereby waived (other than the City’s rights pursuant to Section 5.3.7 and Section 6.10) incurred in connection with any dispute arising out of the City’s enforcement of its rights hereunder). The City’s exercise of its rights under this Section 5.3 with respect to a Default Parcel shall not impair or diminish the City’s rights under this Agreement with respect to any other Parcel. The City’s rights under this Section 5.3 are to be interpreted in light of the fact that City will have conveyed the Parcels to Developer for commercial uses and not for speculation in undeveloped land. This Section shall apply to each Development Parcel individually. For example, Developer’s completion of construction of a Project on Parce l 1 will not impair or diminish the City’s rights under this Section 5.3 if a Development Delay Default occurs with respect to Parcel 2 or Parcel 3.
5.3.6 The physical condition of the Default Parcel is and shall be delivered to the City in an “as-is” condition, with no representation or warranty, express or implied, by Developer, including without limitation, the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Default Parcel for the development purposes intended hereunder. Nothing in this Section 5.3.6 shall release Developer from, or constitute a waiver by the City of, Developer’s obligations under applicable law to disclose to the City all material facts known to Developer about the Default Parcel and not known to the City.
5.3.7 Subject to the foregoing, effective upon the Repurchase Closing of a Default Parcel, the City hereby releases Developer, and its officers, employees, agents, representatives and volunteers (collectively, the “Developer Released Parties”) and agrees to hold the Developer Released Parties harmless from and against any claim, action, suit, pr oceeding, damage, liability, deficiency, fine, penalty, or punitive damage (including, without limitation, reasonable attorneys’ fees) (collectively, the “City Default Parcel Claims”), resulting from, arising out of, or based upon (i) the release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, such Default Parcel prior to the conveyance thereof to Developer pursuant to this
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Agreement or after the Repurchase Closing of such Default Parcel or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Default Parcel prior to the conveyance thereof to Developer pursuant to this Agreement or after the Repurchase Closing of such Default Parcel. Such release shall not apply to (A) any City Default Parcel Claims that may be asserted by the City against the Developer Released Parties based upon any Developer fraud, misrepresentation, or intentional concealment by any Released Parties ; (B) the release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, such Default Parcel following the Closing Date of the conveyance thereof to Developer pursuant to this Agreement and prior to the Repurchase Closing of such Default Parcel or (C) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, such Default Parcel following the Closing Date of the conveyance thereof to Developer pursuant to this Agreement and prior to the Repurchase Closing of such Default Parcel , and Developer will be solely liable for any claims arising out of the matters described in clauses (A), (B) and (C) .
This release includes claims of which the City is presently unaware or which the City does not presently suspect to exist which, if known by the City, would materially affect the City’s release of the Developer Released Parties. The City specifically waives the provision of California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PAR TY DOES NOT KNOW OR EXPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND
THAT, IF KNOWN TO HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.”
In this connection, the City hereby agrees, represents and warrants that the City realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and the City further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that the City nevertheless hereby intends to releas e, discharge and acquit Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included as a material portion of the consideration given to Developer by the City in exchange for Developer’s performance hereunder.
The City hereby agrees that, if at any time after the Default Parcel Repurchase Closing any third party or any governmental agency seeks to hold the City responsible for the presence of, or any lo ss, cost, or damage associated with, Hazardous Materials in, on, above or beneath the Default Parcel or emanating therefrom, which presence or emanation was caused by the City or its agents, employees or contractors the Default Parcel then the City waives any rights it may have against Developer in connection therewith, and the City agrees that it shall not (i) implead Developer, (ii) bring a contribution action or similar action against Developer, or
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(iii) attempt in any way to hold Developer responsible w ith respect to any such matter. The provisions of this Section shall only become effective upon the Default Parcel Repurchase Closing, and shall survive the Default Parcel Repurchase Closing.
Developer and the City have each initialed this Section to furt her indicate their awareness and acceptance of each and every provision hereof.
CITY’S INITIALS DEVELOPER’S INITIALS
5.3.8 The Grant Deed shall contain appropriate reference to City’s repurchase option as provided by this Section 5.3. However, within thirty (30) days following written request by Developer, the City Manager shall execute and deliver a commercially reasonable form of recordable subordination agreement subordinating the City’s repurchase right with respect to any Development Parcel to the deed of trust securing the construction loan, if any, if required by Developer’s construction lender as a condition to making its loan for purposes of constructing a Project on such Development Parcel.
5.3.9 At any time following the Closing until the commencement of construction of a Project on each Parcel, the City shall have the right, at its sole cost and expense, to enter such Parcel and cause the installation thereon of turf or other ground cover in order to mitigate dust and enhance the appearanc e of such Parcel. Such installation shall be performed by a licensed contractor reasonably acceptable to Developer. At all times during such installation, such contractor will be required to maintain commercial general liability insurance coverage in the amount of at least $2 million per occurrence covering such contractor’s liability in connection with such work and entry onto such parcel, and naming Developer as an additional insured. The City shall promptly cause to be removed from title to such Parce l any mechanic’s or materialman’s liens arising out of such work. Once installed, the City shall be responsible at its sole cost for maintaining such ground covering on such Parcel.
5.4 Acceptance of Service of Process . In the event that any legal action i s commenced by Developer against City, service of process on City shall be made by personal service upon the City Clerk or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service upon the president of Developer, or in such other manner as may be provided by law.
5.5 R
ights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other party.
5.6 I
naction Not a Waiver of Default . Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and
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maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
5.7 Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
6.0 GENERAL PROVISIONS.
6.1 Notices, Demands and Communications Between the Parties . Any approval, disapproval, demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.
To City: C
ity of Indio
100 Civic Center Mall
Indio, CA 92201
Attn.: City Manager
To Developer: H
CL Indio Land Development, LLC
12302 Exposition Blvd
Los Angeles, CA 90064
Attention: Manager
With a copy to: Karavas Kiely Schloss & Whitman LLP
11400 West Olympic Boulevard, Suite 1480
Los Angeles, CA 90064
Attention: Michael J. Kiely
Any written notice, demand or communication shall be deemed received upon the date of delivery or inability to deliver or refusal of acceptance, as shown on the return receipt, if delivered by registered or certified mail, and on the next Business Day after delivery to a reputable overnight delivery service for overnight delivery.
6.2 Enforced Delay; Extension of Times of Performance (Force Majeure) . In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended to the extent that delays are due to causes beyond the control or without the fault of the party claiming an extension of time to perform, which may include, without limitation, the following: war; acts of terrorism, insurrection; strikes; lockouts; labor troubles; inability to procure materials ; power failures; riots; floods; earthquakes; fires ; other natural disasters; casualties; acts of God; acts of terrorism; acts of the public enemy; epidemics; pandemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; unusually severe weather; governmental moratoria; clearly unusual and unreasonable delays by the City or any other public or governmental agency or entity (other than the acts or failures to act of City, which shall not excuse performance by City). Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period
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of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days after the commencement of the cause identifying the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the City Manager (acting reasonably, and such authority shall be limited to non- substantial extensions) and Developer.
Notwithstanding anything to the contrary in this Section 5.2, in no event shall the deadline for the Closing be extended by delays described in this Section , or after the Closing , by failure by Developer to have sufficient “equity” funds or other sufficient funds to pay costs under this Agreement (including construction costs).
6.3 Transfers of Interest in Site or Agreement.
6.3.1 Prohibition. The qualifications and identity of Developer are very important and of particular concern to City. It is because of those qualifications and identity that City has entered into this Agreement with Developer. Except as provided in Section 6.3.2 below, Developer shall not, prior to the completion of a Project on a Development Parcel, as evidenced by a Certificate of Completion for such Project, sell all or any portion of such Development Parcel or the Improvements thereon without the prior written approval of the City, in City’s reasonable discretion.
6.3.2 P
ermitted Transfers. Notwithstanding the provisions of Section 6.3.1 above, but subject to the provisions of Section 6.3.3 below, the City’s approval shall not be required for any of the following:
(a) following the completion of a Project on a Development Parcel, as evidenced by a Certificate of Completion for such Project, the conveyance of such Development Parcel, or
(b) prior to the completion of a Project on a Development Parcel, as evidenced by a Certificate of Completion for such Project, the conveyance of such Development Parcel to a Developer Affiliate (as defined below); or; (c) prior to the completion of a Project on a Development Parcel, as evidenced by a Certificate of Completion for such Project, the conveyance of such Development Parcel to a transferee that meets the following criteria: (i) has a net worth equal to at least 125% of the remaining cost of the development and construction of the Required Project that is proposed to be constructed by such transferee, (ii) has itself or through its Affiliates at least 5 years of experience in developing, owning and operating projects similar to the Project proposed to be constructed by such transferee, and (iii) such proposed transferee (A) is not listed on the Specially Designated Nationals and Blocked Persons Lists maintained by the Federal Office of Foreign Assets Control (“OFAC”), any other list of terrorists, terrorist organizations or narcotics traffickers maintained pursuant to any of the rule s and regulations of OFAC, or any similar list maintained by the United States Department of State, the United States Department of Commerce or any other Government Authority or pursuant to any Executive Order of the
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President of the United States of America, (B) is not a person who has been determined by competent authority to be subject to the prohibitions contained in Presidential Executive Order No. 13224 (Sept. 23, 2001) or any other similar prohibitions contained in the rules and regulations of OFAC or in any enabling legislation or other Presidential Executive Orders in respect thereof, (C) is not and has not previously been indicted for or convicted of any violation of the criminal laws of the United States of America or of any of the several states, or that would be a criminal violation if committed within the jurisdiction of the United States of America or any of the several states, relating to terrorism or the laundering of monetary instruments, or conspiracy to do so, (D) is not and has not been previously indicted for or convicted of any felony involving a crime or crimes of moral turpitude, and (E) is not currently under investigation by any governmental authority for alleged criminal activity.
As used herein, the term “Affiliate” means, as to any person or entity, any other person or entity that (i) owns directly or indirectly twenty percent (20%) or more of all equity interests in such person or entity, (ii) is in control of, is controlled by or is under common ownership or control with such person or entity, (iii) is a director or executive officer of such entity or of an Affiliate of such person or entity, (iv) is the spouse, offspring or parent of such Person, or (v) is, in the case of the original Developer hereunder, the spouse, offspring or parent of Alexander Haagen III.
6.3.3 If Developer desires to convey a Development Parcel prior to the construction of a Project thereon, then at least 30 days before the date Developer desires the conveyance to be effective (the “Assignment Date”), Developer shall give the City written notice (the “Assignment Notice”) containing such information about the proposed transferee, including the proposed development of a Project on such Parcel , the Assignment Date, any relationship between Developer and the proposed transferee, and such other information as the City may deem reasonably necessary or appropriate to its consideration whether to grant its consent. The City may, by giving written notice to Developer within 30 days after receipt of the Assignment Notice grant or withhold its consent in its reasonable discretion, provided such approval shall not be withheld if the requirements of Section 6.3.2 are satisfied.
6.3.4 Successors and Assigns . All of the terms, covenants and conditions of this Agree ment shall be binding upon Developer and their permitted successors and assigns , provided that each successor or assign with respect to any Parcel shall only be bound by the terms, covenants and conditions of this Agreement relating to such Parcel, and shall thereafter be deemed the “Developer” with respect to all matters hereunder relating to such Parcel. Whenever the term “Developer” is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided.
6.4 N
o Liability of Officials and Employees . No member, official or employee of City shall be personally liable to Developer or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to Developer or its suc cessors, or on any obligations under the terms of this Agreement. No member, manager, partners, officer, employee, agent or representative of Developer shall be personally liable to City or any successor
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in interest thereto, in the event of any Default or breach by Developer or for any amount which may become due to City or their successors, or on any obligations under the terms of this Agreement.
6.5 Relationship Between City and Developer. It is hereby acknowledged that the relationships between City and Developer are not that of a partnership or joint venture and that City shall not be deemed to be an agent of Developer nor shall Developer be deemed to be an agent of City.
6.6 C
ity Approvals and Actions . The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, enter into amendments of this Agreement, sign and approve escrow documents and additional documents, on behalf of the City so long as such actions do not materially or substantially change the uses or development permitted on the Site, or materially or substantially add to the costs incurred or to be incurred by the City as specified herein. Such actions which may be approved by the City Manager include extensions of time to perform as specified in the Sched ule of Performance, extensions of the Outside Closing Date, assignments under Section 6.3 and changes to the Scope of Development.
6.7 C
ounterparts . This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.
6.8 I ntegration . This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. This Agreement includes Attachment Nos. 1 through 5, which together with the Agreement constitute the entire understanding and agreement of the parties, notwithstanding any previous negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof.
6.9 R
eal Estate Brokerage Commissions . Developer and City each represent that it has not engaged a broker in connection with this transaction.
6.10 A ttorneys’ Fees . In any action between the parties to interpret, enforce, reform, modify, rescind or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys’ fees.
6.11 T
itles and Captions . Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms.
References to section numbers are to sections in this Agreement, unless expressly stated otherwise.
6.12 I nterpretation . As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the
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context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Agreement shall be interpreted as though prepared jointly by both parties.
6.13 No Waiver . A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement.
6.14 M
odifications . Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.
6.15 S
everability . If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
6.16 C
omputation of Time . The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens) and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term “holiday” shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.
6.17 T
ime of Essence. Time is expressly made of the essence with respect to the performance by City and Developer of each and every obligation and condition of this Agreement.
6.18 F urther Assurances . Each party agrees to sign any and all reasonably documents which may be reasonably necessary, helpful or appropriate to carry out the purposes and intent of this Agreement.
6.19 C
ity’s Governmental or Police Powers. No action taken by the City pursuant to this Agreement shall be construed to be the exercise or waiver of the City’s governmental or police powers. Nothing herein shall be construed to prevent or impair the City’s exercise of its governmental or police powers.
6.20 Legal Description. When the final parcel map creating the five Parcels referenced in Recital A of this DDA is approved and recorded, the legal descriptions and assessor parcel numbers of the newly created five Parcels will replace and supersede the legal descriptions and assessor parcel numbers currently contained in Attachment 1 to this DDA. The Parties agree that the City is authorized to replace Attachment 1 with the new legal descriptions and assessor parcel numbers without any amendment to this DDA.
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[Signatures on following page]
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date set forth above.
CITY: DEVELOPER:
CITY OF INDIO
By:
________________,
City Manager
Dated:______________________________
HCL INDIO LAND DEVELOPMENT,
LLC,
a Delaware limited liability company
By: ________________________
Chris Fahey, President
Dated:_______________________________
ATTEST:
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
By: ________________________
Roxanne Diaz
City Attorney
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Attachment 1:
Legal Description
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ATTACHMENT 1
LEGAL DESCRIPTION OF SITE
Real property in the City of Indio, County of Riverside, State of California, described as follows:
PARCEL 1: (APN: 614-100-001)
THE NORTHERLY 150 FEET OF THE SOUTH HALF OF THE WEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN.
EXCEPTING THEREFROM THE WESTERLY 42 FEET. PARCEL 2: (APN: 614-100-002)
THE SOUTH HALF OF THE WEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN.
EXCEPTING THEREFROM THE NORTH 150 FEET.
ALSO EXCEPTING THE SOUTH 25 FEET AS CONVEYED TO THE CITY OF INDIO BY INSTRUMENT RECORDED JANUARY 22, 1954 IN BOOK 1547, PAGE 323 AND OCTOBER 3, 1955 IN BOOK 1801, PAGE 247, OF OFFICIAL RECORDS.
ALSO EXCEPTING THE WEST 42 FEET OF THE NORTH 150 FEET AS CONVEYED TO THE CITY OF INDIO BY DEED RECORDED SEPTEMBER 21, 1962 AS INSTRUMENT NO. 88559, OF OFFICIAL RECORDS.
PARCEL 3: (APN: 614-100-003)
THE WEST HALF OF THAT PORTION OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHWEST QUARTER OF T HE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 00° 13' 20" EAST ON THE WEST LINE
OP THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 140.00 FEET TO THE SOUTHWEST CORNER OF PARCEL 1 CONVEYED TO HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 9, 1953 AS INSTRUMENT NO. 6258, OFFICIAL RECORDS;
THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11
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FEET TO THE WEST LINE OF PARCEL 2 CONVEYED TO THE HOUSING AUTHORITY
OF THE COUNTY OF
RIVERSIDE, BY DEED ABOVE REFERRED TO;
THENCE SOUTH 00° 14' 10" WEST ON THE WEST LINE OF SAID PARCEL 2, CONVEYED TO THE HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, 140.00 FEET TO THE
SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE SOUTH 89° 28' 30" WEST, ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11 FEET TO THE POINT OF BEGINNING.
PARCEL 4: (APN: 614-100-004)
THE EAST HALF OF THAT PORTION OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 0° 13' 20" EAST ON THE WEST LINE OF
THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 140 FEET
TO THE SOUTHWEST CORNER OF PARCEL 1 CONVEYED TO HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 9, 1953 AS INSTRUMENT NO. 6258 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH
LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11 FEET TO THE WEST LINE OF PARCEL 2 CONVEYED TO THE
HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, BY DEED ABOVE REFERRED TO;
THENCE SOUTH 0° 14' 10" WEST ON THE WEST LINE OF SAID PARCEL 2, CONVEYED TO THE HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, 140 FEET TO THE
SOUTH LINE OF SAID
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 89°
28' 30" WEST ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11 FEET TO THE POINT OF BEGINNING.
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PARCEL 5A: (APN: PORTION 614-100-005)
ALL THAT PORTION OF THE EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE EAST HALF OF SOUTHWEST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION
WHICH BEARS NORTH
00° 13' 20" EAST, 140 .00 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00° 13' 20" EAST, ALONG THE WEST LINE OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 529.12 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 89° 31' 45" EAST, ALONG THE NORTH LINE OF THE EAST HALF OF
SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID
SECTION, 332.21 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 00° 14' 10" WEST, ALONG THE EAST LINE OF THE EAST HALF OF
SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 124.08
FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MT. ZION CHURCH OF GOD IN CHRIST, ET AL., BY DEED RECORDED SEPTEMBER 24, 1951, IN
BOOK 1305, PAGE 126 OF OFFICIAL RECORDS;
THENCE SOUTH 89° 28' 30" WEST AND PARALLEL WITH THE SOUTH LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 140.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND SO CONVEYED TO MT. ZION CHURCH OF GOD IN CHRIST, ET AL; THENCE SOUTH 00° 14' 10" WEST, AND PARALLEL WITH THE EAST LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST
QUARTER OF SAID
SECTION, 405.00 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL
OF LAND
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CONVEYED TO JESSE NOBLES, A WIDOWER, BY DEED RECORDED APRIL 5, 1950, IN BOOK
1162, PAGE 75 OF OFFICIAL RECORDS.
THENCE SOUTH 89° 28' 30" WEST AND PARALLEL WITH THE SOUTH LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 192.11 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM ALL THAT PORTION THEREOF PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF THE EAST HALF OF SOUTHWEST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION WHICH BEARS NORTH 00° 13' 20" EAST, 140.00 FEET FROM THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH T HE SOUTH LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 192.11 FEET FOR THE POINT OF BEGINNING, SAID
POINT BEING ON THE WEST LINE
OF SAID PARCEL OF LAND SO CONVEYED TO JESSE NOBLES, BY THE HEREINABOVE REFERRED TO DEED;
THENCE NORTH 0° 14' 10' EAST, AND PARALLEL WITH THE EAST LINE OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 528.95 FEET TO A POINT ON THE NORTH LINE THEREOF;
THENCE SOUTH 89° 31' 45" WEST, ALONG THE NORTH LINE OF THE EAST HALF OF
SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 60.00 FEET; THENCE SOUTH 00° 14' 10" WEST AND PARALLEL WITH
THE EAST LINE OF THE EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST
QUARTER OF SAID SECTION,
529.00 FEET TO A POINT WHICH BEARS SOUTH 89° 28' 30" WEST FROM THE POINT OF BEGINNING;
THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST
QUARTER OF SAID
SECTION, 60.00 FEET TO THE POINT OF BEGINNING;
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PARCEL 5B: (APN: PORTION 614-100-005)
ALL THAT PORTION OF THE EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND M ERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE EAST HALF OF SOUTHWEST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION
WHICH BEARS
NORTH 89° 28' 30" EAST 192.08 FEET FROM THE SOUTHWEST CORNER THEREOF,
SAID POINT BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
CONVEYED TO JOSEPH
MCGEE, JR., ET AL., BY DEED RECORDED FEBRUARY 23, 1950, IN BOOK 1149, PAGE 435 OF OFFICIAL RECORDS;
THENCE NORTH 0° 14' 10" EAST AND PARALLEL WITH THE EAST LINE OF THE EAST
HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 668.95 FEET TO THE POINT ON THE NORTH LINE THEREOF;
THENCE SOUTH 89° 31' 45" WEST, ALONG THE NORTH LINE OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 60.00 FEET;
THENCE SOUTH 0° 14' 10" AND PARALLEL WITH THE EAST LINE OF THE EAST HALF
OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER
OF SAID
SECTION 669.00 FEET TO A POINT ON THE SOUTH LINE THEREOF; THENCE NORTH 89° 28' 30" EAST ALONG THE SOUTH LINE OF THE EAST HALF OF
SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 60.00 FEET TO THE POINT OF BEGINNING;
PARCEL 6: (APN: 614-100-006)
THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
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COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;
THENCE NORTH, ALONG THE EAST LINE OF THE SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 233.60 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE WEST,
PARALLEL WITH THE SOUTH LINE OF THE SAID EAST HALF OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 140.00 FEET;
THENCE NORTH, PARALLEL WITH THE EAST LINE OF THE SAID EAST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 311.14 FEET;
THENCE EAST, PARALLEL WITH THE SOUTH LINE OF THE SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 140.00 FEET, TO A POINT ON THE EAST
LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;
THENCE SOUTH, ALONG THE SAID EAST LINE OF THE SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 311.14 FEET, TO THE POINT OF BEGINNING.
PARCEL 7: (APN: 614-100-007)
PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED AUGUST 8, 1968 IN BOOK 1, PAGE 34 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 8: (APN: 614-100-008)
PARCEL 1 AS SHOWN ON PARCEL MAP RECORDED AUGUST 8, 1968 IN BOOK 1, PAGE 34 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
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PARCEL 9: (APN: 614-100-009)
THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 79.00 FEET WEST OF THE SOUTHEAST CORNER OF SAID
EAST HALF OF THE SOUTHWEST QUARTER OP THE NORTHWEST QUARTER OF THE
NORTHWEST
QUARTER, SAID POINT BEING THE SOUTHWEST CORNER OF THAT PARC EL
CONVEYED TO CHRISTOPHER HARDIN AND KATHERINE HARDIN, HUSBAND AND
WIFE, BY DEED RECORDED
FEBRUARY 5, 1954, AS INSTRUMENT NO. 6181, OFFICIAL RECORDS; THENCE NORTH 00° 45' 50" EAST, ON THE WEST LINE OF SAID PARCEL CONVEYED TO CHRISTOPHER HARDIN AND WIFE, 7 8.00 FEET, MORE OR LESS, TO THE SOUTH
LINE OF THE PARCEL CONVEYED TO JESSE NOBLES, A WIDOWER, BY DEED RECORDED AUGUST 9, 1956 AS INSTRUMENT NO. 55641, OFFICIAL RECORDS;
THENCE WESTERLY, PARALLEL WITH THE SOUTH LINE OF SAID SECTION AND ALONG THE SOUTH LINE OF SAID PARCEL CONVEYED TO NOBLES, 61.00 FEET,
MORE OR LESS, TO THE EASTERLY LINE OF THE PARCEL CONVEYED TO THE
HOUSING AUTHORITY OF THE COUNTY OF
RIVERSIDE BY DEED RECORDED DECEMBER 9, 1953, AS INSTRUMENT NO. 6258, OFFICIAL RECORDS; THENCE SOUTH 0° 14' 10" WEST, ALONG SAID EASTERLY LINE
78.00 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE
EASTERLY, ALONG SAID SOUTH LINE 61.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL 10: (APN: 614-100-010)
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OP
SECTION
26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
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BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;
THENCE WEST ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER, 664.40 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 00° 45' 50" EAST, 78.00 FEET;
THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY LINE OF SAID SECTION 26, 79.00 FEET;
THENCE SOUTH 60° 45' 50" WEST, 78.00 FEET MORE OR LESS TO THE SAID SOUTHERLY LINE; THENCE EAST, ALONG SAID SOUTHERLY LINE 79.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 11: (APN: 614-100-011)
THE NORTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH, ALONG THE WEST LINE THEREOF, 95.00 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO ATKIN WHITE, ET AL, BY DEED RECORDED APRIL 20, 1963 IN BOOK 574, PAGE 553, OFFICIAL RECORDS; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID WEST
HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH ALONG THE SAID EAST LINE, 95.00 FEET TO THE NORTH LINE OF
SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST, ALONG SAID NORTH LINE, 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
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SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 12: (APN: 614-100-012)
ALL THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
UNITED STA TES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION;
THENCE SOUTH ALONG THE WEST LINE THEREOF, 95.00 FEET TO THE NORTHWEST
CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO ATKIN WHITE, ET AL, BY DEED RECORDED APRIL 20, 1943 IN BOOK 574, PAGE 553, OFFICIAL RECORDS; THENCE EAST, ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR
LESS TO THE EAST LINE OF SAID WEST HALF OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH ALONG SAID EAST LINE 95.00 FEET TO THE NORTH LINE OF SAID
WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST, ALONG SAID LINE (NORTH LINE), 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THE NORTHERLY ONE-HALF THEREOF. PARCEL 13: (APN: 614-100-013) PARCELS 1 AN D 2 OF PARCEL MAP RECORDED IN BOOK 1 PAGE 64 OF PARCEL
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA
PARCEL 14: (APN: 614-100-021)
A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:
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COMMENCING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NOR THWEST
QUARTER OF SAID SECTION
26, 192 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST 166
FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTERLINE OF THE WEST HALF
OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION
26; THENCE SOUTH ALONG SAID CENTERLINE 97 FEET; THENCE WEST 166 FEET,
MORE OR LESS, TO SAID WEST LINE OF SAID WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG SAID WEST LINE 97 FEET TO TH E POINT OF COMMENCEMENT.
PARCEL 15: (APN: 614-100-022)
THE SOUTH 60.00 FEET OF ALL THAT PORTION OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN
BY UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF SOUTHEAST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION,
95.00 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE EAST, 168.00 FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTER
LINE OF THE WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26;
THENCE SOUTH ALONG SAID CENTER LINE, 254.00 FEET;
THENCE WEST, 168.00 FEET; MORE OR LESS, TO THE WEST LINE OF SAID WEST
HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26;
THENCE NORTH ALONG SAID WEST LINE, 254.00 FEET TO THE P OINT OF BEGINNING.
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PARCEL 16: (APN: 614-100-023)
THE NORTHERLY ONE-HALF OF THAT PORTION OF THE WEST HALF OF THE WEST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, BY METES AND BOUNDS:
BEGINNING AT A POINT ON THE WESTERLY LINE OP SAID "WEST HALF OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 230.00 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF;
THENCE CONTINUING NORTHERLY ON SAID WESTERLY LINE TO A POINT 349.00
FEET SOUTH OF THE NORTHWEST CORNER OF SAID WEST HALF OF THE WEST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENC E EAST, 168.00 FEET, MORE OR
LESS, TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON SAID EAST LINE TO A POINT 230.00 FEET NORTH OF SOUTHEAST
CORNER OF SAID WEST HA LF OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST TO THE POINT OF BEGINNING.
PARCEL 17: (APN: 614-100-024)
THE SOUTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE WE ST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID WES T HALF OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 230 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE CONTINUING NORTHERLY, ON SAID WESTERLY LINE, TO A POINT 349 FEET SOUTH OF THE N ORTHWEST CORNER OF
SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EAST 168 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON SAID EAST LINE, TO
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A POINT 230 FEET NORTH OF THE SOUTHEAST CORNER OF SAID WEST HALF OF
THE WEST HALF OF THE SOUTHEAST CORNER
OF SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST, TO THE POINT OF BEGINNING.
PARCEL 18: (APN: 614-100-018)
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NOR THEAST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF 711E NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 147.00 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;
THENCE NORTH, ALONG SAID WEST LINE, 83.00 FEET; THENCE EAST 168.00 FEET,
MORE OR LESS, TO THE EAST LINE OF SAID WEST HALF OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH, ALONG SAID EAST LINE, 83.00 FEET; THENCE WEST 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON LICENSED LAN D SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY.
PARCEL 19: (APN: 614-100-019)
ALL THAT PORTION OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, DISTANT WESTERLY THEREON, 336.00 FEET FROM THE SOUTHEAST CORNER THEREOF;
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THENCE NORTHERLY, ALONG THE WEST LINE OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT ALSO BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO PRECILLA JOHNSON, BY DEED RECORDED AUGUST 29, 1966 AS INSTRUMENT NO. 87273 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID LAND CONVEYED TO PRECILLA JOHNSON, 122.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 89° 27' 00" EAST, ALONG THE NORTHERLY LINE OF SAID LAND
CONVEYED TO
PRECILLA JOHNSON, 146.00 FEET OT THE NORTHWEST CORNER OF THE RIGHT-OF-
WAY FOR STREET PURPOSES CONVEYED TO THE CITY OF INDIO BY DEED RECORDED OCTOBER 3, 1955
IN BOOK 1801 PAGE 253 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 18° 00' 00" WEST, 49.00 FEET;
THENCE SOUTH 00° 12' 45" WEST, 934 FEET TO THE NORTHERLY LINE OF THE LAND CONVEYED TO EMMA LEE PAIGE, BY DEED RECORDED APRIL 2, 1953 IN BOOK 1457 PAGE 490
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE WESTERLY, ALONG SAID LAST MENTIONED NORTHERLY LINE OF THE LAND
CONVEYED TO EMMA LEE PAIGE, 49.16 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID LAND
CONVEYED TO EMMA LEE PAIGE,
66.00 FEET TO A LINE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/ 4 OF SAID SECTION 26,
AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE WESTERLY,
ALONG SAID LAST MENTIONED PARALLEL LINE, TO THE TRUE POINT OF BEGINNING.
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PARCEL 20: (APN: 614-100-020)
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION
26; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, 200.00 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 00° 46' 15" EAST, 91.00 FEET; THENC E WEST,
50.00 FEET; THENCE SOUTH 00° 46' 15" WEST, 91.00 FEET TO THE SOUTHERLY LINE
OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY ON SAID
SOUTHERLY LINE,
50.00 FEET TO THE POINT OF BEGINNING.
PARCEL 21: (APN: 614-101-001)
ALL THAT PORTION OF THE EAST HALF OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION;
THENCE SOUTH ALONG THE EAST LINE OF SAID WEST HALF OF SOUTHEAST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION,
47.5 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MALISSIE LASTER, ET AL. BY DEED RECORDED APRIL 13, 1943, IN BOOK 574, PAGE 439 OF OFFICIAL RECORDS; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE WEST LINE OF
SAID EAST HALF OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID WEST LINE, 47.5 FEET TO THE NORTH LINE OF SAID EAST HALF OF WEST HALF
OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION; THENCE EAST ALONG SAID NORTH LINE, 168.00 FEET. MORE OR LESS, TO THE POINT OF BEGINNING.
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SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RIVERSIDE COUNTY RECORDS.
PARCEL 22: (APN: 614-101-002)
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 47.50 FEET SOUTH OF THE NORTHEAST CORNER OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 95.00 FEE T; THENCE WESTERLY AND PARALLEL WITH THE NORTH LINE OF SAID SECTION, 168.00 FEET,
MORE OR LESS, TO THE WESTERLY LINE OF THE EAST HALF OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTHE RLY ON SAID WESTERLY LINE, 95.00 FEET; THENCE EASTERLY 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION LYING WITHIN LARKSPUR STREET.
PARCEL 23: (APN: 614-101-003)
NORTH HALF OF THAT CERTAIN PARCEL OF REAL PROPERTY, P ARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT 142.50 FEET SOUTH FROM THE NORTHEAST CORNER OF
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, OF THE SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 95.00 FEET, TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION, A DISTANCE OF 168.00 FEET, THENCE AT A RIGHT ANGLE NORTH 95.00 FEET TO A POINT; THENCE EAST TO THE POINT OF BEGINNING.
ALSO SHOWN AS PARCEL 1 ON PARCEL NAP RECORDED IN BOOR 1, PAGE 40 OF PARCEL NAPS, RIVERSIDE COUNTY RECORDS.
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PARCEL 24: (614-101-004)
THE SOUTH HALF OF THAT CERTAIN PARCEL PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 142.5 FEET SOUTH OF THE NORTHEAST CORNER
OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO BASE AND
MERIDIAN; THENCE SOUTH 95 FEET TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE SAID SECTION A DISTANCE OF 168 FEET; THENCE NORTH 95 FEET TO A POINT; THENCE EAST TO THE POINT OF BEGINNING.
PARCEL 25: (APN: 614-101-005)
THE NORTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, 285.00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF;
THENCE NORTH ON SAID EAST LINE, 47.50 FEET;
THENCE WEST, 168.00 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF
OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH, ON SAID EAST LINE, 47.50 FEET; THENCE EAST 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE CITY OF INDIO, BY DEED RECORDED JANUARY 7, 1971, AS INSTRUMENT NO, 1478, OF OFFICIAL RECORDS.
PARCEL 26: (APN: 614-101-006)
ALL THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
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BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 332.50
FEET SOUTH OF THE NORTHEAST CORNER THEREOF, SAID POINT BEING THE
NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO FLETCHER MAKES AND CLARA V. MAKES, HUSBAND AND WIFE, BY DEED RECORDED APRIL 13, 1943 IN BOOK 574, PAGE 442 OF OFFICIAL RECORDS; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR
LESS, TO THE WEST LINE OF SAID EAST HALF OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH ALONG SAID WEST LINE 7 1.25 FEET MORE OR LESS TO THE
SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO LILLY CHAPPELL, BY DEED RECORDED MAY 13, 1953 AS INSTRUMENT NO. 23479, OFFICIAL RECORDS;
THENCE EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 168.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE SOUTHERLY 71.25 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN
PARCEL OF
LAND CONVEYED TO FLETCHER MAKES AND CLARA V. MAKES, BY DEED RECORDED APRIL 13,
1943 IN BOOK 574, PAGE 442, OFFICIAL RECORDS, SAID POINT AL SO BEING THE TRUE POINT OF BEGINNING.
PARCEL 27: (APN: 614-101-007)
PARCEL 1 OF PARCEL MAP ON FILE IN BOOK 1 PAGE 41 OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS.
PARCEL 28: (APN: 614-101-008)
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
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BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 242.50
FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG SAID EAST LINE, 47.50 FEET;
THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 168.00 FEET TO THE WEST LINE
OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 47.50 FEET;
THENCE EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 168.00 FEET TO THE POINT OF BEGINNING.
PARCEL 29: (APN: 614-101-009)
ALL THAT PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION, 195 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG SAID EAST LINE, 47.5 FEET; THENCE WEST, 168 FEET; THENCE SOUTH 47.5 FEET; THENCE EAST TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON THE LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY.
PARCEL 30: (APN: 614-101-010)
ALL THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NOR THWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO
THE OFFICIAL PLAT THEREOF,
PARTICULARLY DESCRIBED AS FOLLOWS:
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BEGINNING AT A POINT ON THE EAST LINE OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWES T QUARTER OF NORTHWEST QUARTER OF SECTION 26, 147.5 FEET NORTH OF THE SOUTHEAST CORNER THEREOF;
THENCE NORTH ALONG SAID EAST LINE, 47.5 FEET;
THENCE WEST 168.00 FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTER
LINE OF SAID WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH ALONG SAID CENTER LINE 47.5 FEET;
THENCE EAST, 168.00 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 31: (APN: 614-101-011)
THAT PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OP SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNAR DINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE
NORTHERLY ALONG
THE EAST LINE OF SAID WEST 1/2, 100.00 FEET, SAID POINT BEING THE NORTHEAST
CORNER OF A PARCEL OF LAND CONVEYED TO TRUSTEES OF THE AFRICAN
METHODIST EPISCOPAL
CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE WESTERLY ALONG THE
SOUTHERLY LINE OF
SAID TRACT OF THE LAND CONVEYED TO LONNIE CHATAM, 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY AND PARALLEL WITH SAID EAST LINE, 20.00 FEET, THENCE WESTERLY AND PARALLEL WITH SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID EAST 1/2 OF THE WEST 1/2 OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG SAID WEST LINE, 20.00 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
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PARCEL 32: (APN: 614-101-012)
THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID EAST HALF OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100.00 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; SAID POINT BEING THE NORTHEAST CORNER OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO THE TRUSTEES OF THE AFRICAN METHODIST EPISCOPAL CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL AND WESTERLY
EXTENSION
THEREOF, 168.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID EAST HALF OF
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID WEST LINE, 47.5 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOE DAVIS AND LUCY M. DAVIS, HUSBAND AND WIFE, BY DEED RECORDED MARCH 10, 1943 IN BOOK 570 PAGE 600 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID EAST HALF OF
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE, 47.5 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION CONVEYED TO FRED JOHNSON, ET AL, BY DEED RECORDED OCTOBER 16, 1947 AS INSTRUMENT NO. 1741, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTHERLY ALONG THE EAST LINE OF SAID WEST HALF, 100.00 FEET, SAID POINT BEING THE NORTHEAST CORNER OF A
PARCEL OF LAND CONVEYED TO T RUSTEES OF THE AFRICAN METHODIST EPISCOPAL CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID TRACT OF LAND CONVEYED TO LONNIE CHATAM, 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY AND PARALLEL WITH SAID EAST LINE, 20.00 FEET; THENCE WESTERLY AND PARALLEL WITH SAID SOUTHERLY LINE, 28.00 FEET, MORE OR
LESS, TO THE WEST LINE OF SAID EAST HALF OF THE WEST HALF OF SAID
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SOUTHEAST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE, 20.00 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 33: (APN: 614-101-013)
THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PROPERTY CONVEYED TO FIRST A.M.E. CHURCH BY DOCUMENT RECORDED MAY 18, 1976 AS INSTRUMENT NO. 68316 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE PROPERTY CONVEYED TO SAID CHURCH, 168.00 FEET, MORE OR LESS,
TO THE WEST LIN E OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE SOUTHWEST
CORNER OF SAID EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE,
168.00 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE SOUTHERLY 25.00 FEET THEREOF AS CONVEYED TO THE CITY OF INDIO BY DOCUMENT RECORDED APRIL 26, 1957 IN BOOK 2078 PAGE 367 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 34: (APN: 614-101-014)
THE WEST ONE-HALF OF THE NORTH ONE -HALF OF THE WEST ONE -HALF OF THE NORTH 2.00
ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26 OF TOWNSHIP 5 RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.
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PARCEL 35: (APN: 614-101-016)
THE WEST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH TWO
ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL 36: (APN: 614-101-017)
THE WEST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH 2
ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 37: (APN: 614-101-018)
THE EAST HALF OF THE EA ST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH 2 ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 38: (APN: 614-101-019)
THE WEST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES OF THE EAST
QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT ANY PORTION LYING WITHIN THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26.
PARCEL 39: (APN: 614-101-020)
THE WEST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES
OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
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PARCEL 40: (APN: 614-101-021)
THE EAST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES
OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26 OF TOWNSHIP 5 RANGE 7 E AST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL 41: (APN: 614-101-022)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE EASTERLY ON THE NORTHERLY
LINE OF SAID SOUTH 1 ACRE 254.00 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SAMUEL R. CLARK AND LAURA CLARK, BY DEED DATED SEPTEMBER 16,
1948, THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY AND PARALLEL WITH
THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 132.00 FEET MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SOUTH 1 ACRE; THENCE EASTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE 76.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SOUTH 1 ACRE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 132.00
FEET MORE OR LESS, TO THE NORTHEASTERLY CORNER OF SAID SOUTH 1 ACRE; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTH ACRE
76.00 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
PARCEL 42: (APN: 614-101-023)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS METES AND BOUNDS AS FOLLOWS:
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BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EASTERLY ON THE NORTHERLY LINE OF SAID SOUTH 1 ACRE, 200 FEET
TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO FELEX MC GEE AND EVA MC GEE BY DEED RECORDED APRIL 4, 1947 IN BOOK 826 PAGE 380 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ON THE SAID NORTHERLY LINE 54 FEET; THENCE SOUTHERLY AND PARALLEL WITH THE
EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 133.63 FEET, MORE OR LESS, TO THE SOUTHE RLY LINE OF SAID SOUTH 1 ACRE; THENCE WESTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE 54 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SUSIE WHITMON BY DEED RECORDED JANUARY 7, 1946 IN BOOK 721 PAGE 414 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTHERLY
AND PARALLEL WITH
THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, ALONG EASTERLY LINE OF SAID PARCEL OF LAND
CONVEYED TO SUSIE WHITMON AND CONTINUING ALONG THE EASTERLY LINE
OF SAID PARCEL OF LAND CONVEYED TO FELEX MC GEE AND EVA MC GEE, A TOTAL OF 133.63 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 43: (APN: 614-101-024)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED BY METES AND BOUNDS, AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3.00
ACRES OF THE EAST HALF OF TH E SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE EASTERLY ON THE NORTHERLY LINE OF SAID SOUTH 1 ACRE, 150.00 FEET
TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO THE GRANTEES BY DEED RECORDED MARCH 28 , 1944 IN BOOK 622, PAGE 113 OF OFFICIAL RECORDS, THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ON SAID NORTHERLY LINE 50.00 FEET; THENCE SOUTHERLY AND
PARALLEL WITH THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECT ION 26, 75.00 FEET TO A POINT ON THE
NORTHERLY LINE OF THAT PARCEL OF LAND CONVEYED TO WALTER PRATT AND
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EDDIE G. KNIGHT BY DEED RECORDED SEPTEMBER 17, 1943 IN BOOK 596, PAGE 316 OF OFFICIAL RECORDS;
THENCE WESTERLY ALONG SAID LAST MENTIONED NORTHERLY LINE 50.00 FEET
TO THE SOUTHEAST CORNER OF SAID LAND PREVIOUSLY CONVEYED TO THE GRANTEES HEREIN; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING.
PARCEL 44: (APN: 614-101-025)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH 2.00 ACRES OF SAID EAST HALF; THENCE EAST 100 FEET ON THE SOUTH LINE OF SAID NORTH 2.00 ACRES TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING EAST 50.00 FEET ON SAID SOUTH LINE;
THENCE SOUTH 75.00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF; THENCE WEST 50.00 FEET, PARALLEL WITH THE EAST LINE OF SAID NORTH 2.00 ACRES;
THENCE NORTH 75 .00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF TO THE TRUE POINT OF BEGINNING.
PARCEL 45: (APN: 614-101-026)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2 ACRES OF SAID EAST HALF; THENCE WEST 130.00 FEET ON THE NORTH LINE OF SAID SOUTH 2.00 ACRES
TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF INDIO RECORDED FEBRUARY 1, 1962 AS INSTRUMENT NO. 10152 OF OFFICIAL RECORDS;
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THENCE NORTH 00° 14' 30" EAST, 15.00 FEET ON THE EAST LINE OF LAST SAID LAND TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET ON THE NORTHERLY LINE OF LAST
SAID LAND TO THE BEGINNING OF A CURVE THEREIN, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
THENCE NORTHWESTERLY 17 .62 FEET ON SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 50° 27' 18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY 54.14 FEET ON LAST SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 88° 38' 00" TO THE TRUE POINT OF BEGINNING, A
RADIAL TO SAID
POINT BEARS NORTH 43° 42' 30" WEST;
THENCE NORTH 55° 42' 40" WEST TO THE WEST LINE OF SAID EAST HALF;
THENCE NORTH ON SAID WEST LINE TO THE SOUTHWEST CORNER OF THE NORTH
2.00 ACRES OF SAID EAST HALF;
THENCE EAST 100.00 FEET ON THE SOUTH LINE OF SAID NORTH 2.00 ACRES; THENCE SOUTH 75.00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID NORTH 2.00 ACRES TO
THE NORTHEAST CORNER OF THE LAND CONVEYED TO JAMES HAMPTON AND QUILLAR HAMPTON BY DEED RECORDED FEBRUARY 8, 1962 AS INSTRUMENT NO. 12456 OF OFFICIAL RECORDS; THENCE SOUTH 20° 33' 30" EAST, 25.26 FEET ON THE
EASTERLY LINE OF LAST SAID LAND TO THE MOST EASTERLY CORNER THEREOF
AND THE NORTHERLY LINE OF SAID LAND
DESCRIBED IN DEED TO THE CITY OF INDIO, SAID NORTHERLY LINE BEING A NON- TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET;
THENCE SOUTHWESTERLY ON SAID CURVE AND SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING.
PARCEL 46: (APN: 614-101-027)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
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BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID EAST HALF, 267.25 FEET NORTHERLY FROM THE SOUTHEAST CORNER;
THENCE SOUTH 89° 28' 12" WEST ALONG THE CENTER LINE OF VIOLA COURT, 130.00 FEET; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID EAST HALF, 15.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET;
THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 20.00 FEET, A DISTANCE OF 17.62 FEET;
THENCE CONTINUING WESTERLY ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 35.00 FEET, A DISTANCE OF 28.61 FEET; THENCE NORTH 23° 33' 30" WEST, 25.26 FEET;
THENCE EASTERLY 85.83 FEET; THENCE SOUTHERLY PARALLEL TO THE EASTERLY LINE OF SAID EAST HALF, 43.46 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 47: (APN: 614-101-028)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2.00 ACRES OF SAID EAST HALF; THENCE WEST 130.00 FEET ON THE NORTH LINE OF SAID SOUTH 2.00 ACRES
TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF INDIO RECORDED FEBRUARY 1, 19 62 AS INSTRUMENT NO. 10152 OF OFFICIAL RECORDS;
THENCE NORTH 00° 14' 30" EAST, 15.00 FEET ON THE EAST LINE OF LAST SAID LAND TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET ON THE NORTHERLY LINE OF LAST
SAID LAND TO THE BEGINNING OF A CURVE THEREIN CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
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THENCE NORTHWESTERLY 17.62 FEET ON SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 50° 27' 18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY 54.14 FEET ON LAST SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 88° 38' 00" TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS NORTH 43° 42' 30" WEST;
THENCE NORTH 55° 42' 40" WEST TO LINE WEST LINE OF SAID EAST HALF;
THENCE SOUTH ON SAID WEST LINE TO THE NORTHWEST CORNER OF THE SOUTH
2.00 ACRES OF SAID EAST HALF;
THENCE EAST ON THE NORTH LINE OF SAID SOUTH 2 ACRES TO THE MOST WESTERLY CORNER OP SAID LAND DESCRIBED IN DEED TO THE CITY OF INDIO;
THENCE NORTHEASTERLY ON THE NORTHERLY LINE OF LAST SAID LAND TO THE TRUE POINT OF BEGINNING.
PARCEL 48: (APN: 614-101-029)
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH 89° 27' 00" EAST, 996.10 FEET ON THE SOUTH LINE THEREOF TO THE
SOUTHWEST CORNER OF THE EAST ONE -HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 00° 13' 37" EAST, 162.42 FEET ON THE WEST LINE OF SAID EAST ONE- HALF TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00° 13' 37" EAST, 104.94 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1 ACRE OF THE SOUTH 3 ACRES OF THE EAST ONE -
HALF OF SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH 89° 28' 12" EAST, 88.39 FEET ALONG SAI D SOUTH LINE TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 89° 28' 12" WEST; THENCE SOUTH AND SOUTHEASTERLY, 33.25 FEET ON SAID CURVE THROUGH A CENTRAL ANGLE OF 54° 26' 18";
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Legal Description
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THENCE SOUTH 53° 17' 35" WEST, 129.06 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL 1 ON A MAP FILED IN BOOK 47, PAGE 32 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 49: (APN: 614-101-030)
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTH 2.00 ACRES OF THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDI NG TO THE OFFICIAL PLAT THEREOF;
EXCEPTING THEREFROM BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SAID SOUTH 2.00 ACRES; THENCE WESTERLY ON THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTH 2.00 ACRES 77.43 FEET; THENCE SOUTHEASTERLY ON A CURVE CONCAVE TO THE NORTHEAST WHOSE RADIUS IS 35.00 FEET AND WHOSE CENTRAL ANGLE IS 140° 29' 00" AND AN ARC LENGTH OF 85.75 FEET; THENCE NORTHEASTERLY ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS IS 20.00 FEET AND WHOSE CENTRAL ANGLE IS 50° 29' 00" AND AN ARC LENGTH OF 17.68 FEET; THENCE NORTHERLY ON A NON- TANGENT LINE A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHERLY 2.00 ACRES OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF;
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST; THENCE SOUTH 00° 11' 00" WEST ALONG THE WEST LINE OF
SAID SECTION
1,338.63 FEET TO THE CENTER LINE OF DATE STREET; THENCE NORTH 89° 27' 00" EAST ALONG THE CENTER LINE OF DATE STREET, 1,328.07 FEET TO THE CENTER LINE OF MARIGOLD LANE; THENCE NORTH 00° 14' 30" EAST ALONG THE CENTER
LINE OF MARIGOLD
LANE, 267.25 FEET; THENCE SOUTH 89° 28' 12" WEST ALONG THE CENTER LINE OF VIOLA COURT, 243.62 FEET TO THE TRUE POINT OF BEGINNING; TH ENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING 89° 28' 12" WEST, 88.39 FEET;
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THENCE SOUTH 00° 13' 37" WEST, 104.94 FEET; THENCE NORTH 53° 17' 35" EAST, 129.06 FEET; THENCE NORTHWESTERLY ALONG A 35.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 54° 26' 18" AN ARC LENGTH OF 33.25 FEET TO THE TRUE POINT OF BEGINNING;
SAID LAND IS SHOWN AS PARCEL 2, AS SHOWN BY MAP ON FILE IN BOOK 47 PAGE 32 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 50: (APN: 614-101-031)
THE NORTH 75.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTH 2.00 ACRES
OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. SAID NORTH 75. 00 FEET BEING MEASURED ON THE EAST LINE OF SAID EAST HALF.
EXCEPT THE EAST 81.00 FEET.
ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF INDIO, BY DEED RECORDED SEPTEMBER 23, 1957 AS INSTRUMENT NO. 68227 OF OFFICIAL RECORDS.
PARCEL 51: (APN: 614-101-032)
THAT PORTION OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2 ACRES OF THE EAST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 2 ACRES
81.00 FEET; THENCE SOUTH PARALLEL WITH SAID EAST LINE 75.00 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE 81.00 FEET TO A POINT IN SAID EAST LINE; THENCE NORTH ALONG SAID EAST LINE, 75.00 FEET TO THE POINT OF BEGINNING.
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PARCEL 52: (APN: 614-101-033)
THE EAST 81.00 FEET OF THE NORTHEAST QUARTER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT THE NORTH 75.00 FEET, MEASURED ON THE EAST LINE OF SAID EAST HALF.
PARCEL 53: (APN: 614-101-034)
THE NORTHEAST QUARTER OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THE NORTH 75.00 FEET, MEASURED ON THE EAST LINE OF SAID EAST HALF. ALSO EXCEPT THE EAST 81.00 FEET.
PARCEL 54A: (APN: PORTION 614-101-035)
THAT PORTION OF THE SOUTH 1.00 ACRE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE NORTH 00° 46' 40" EAST 100.00 FEET;
THENCE EAST 50.00 FEET;
THENCE SOUTH 00° 46' 40" WEST, 100.00 FEET;
THENCE WEST 50.00 FEET TO THE POINT OF BEGINNING.
PARCEL 54B: (APN: PORTION 614-101-035)
THAT PORTION OF THE SOUTH 1.00 ACRE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
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MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIB ED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH 89° 27' 00" WEST, 331.95 FEET;
THENCE NORTH 00° 13' 37" EAST, 100.00 FEET TO THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING NORTH 00° 13' 37" EAST, 31.24 FEET;
PARCEL 55: (APN: 614-101-036)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EAST ALONG THE SOUTH LINE THEREOF,
50.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 100.00 FEET; THENCE EAST, 50.00 FEET;
THENCE SOUTH, 100.00 FEET TO THE SOUTH LINE OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION
26; THENCE WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 56: (APN: 614-101-037)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EAST ON T HE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100
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FEET, TO THE TRUE POINT BEGINNING; THENCE NORTH 100 FEET; THENCE WEST 100 FEET, TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ON SAID WEST LINE, 33.68 FEET, MORE OR LESS, TO THE
SOUTHWEST CORNER OF THE LAND CONVEYED TO BILL WOOD BY DEED FILED FOR RECORD AUGUST 8, 1938 AS INSTRUMENT NO. 4346 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, C ALIFORNIA; THENCE EAST ON THE SOUTH LINE OF THE
PARCEL CONVEYED TO BILL WOOD ON THE EASTERLY EXTENSION THEREOF, 236.98 FEET, TO A POINT 95 FEET WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE
SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 133.62 FEET, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST ON SAID SOUTH LINE, 136.95 FEET, TO THE TRUE POINT OF BEGINNING; EXPECTING THEREFROM THE SOUTH 25 FEET THEREOF AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 5, 1947 IN BOOK 818 PAGE 227 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXPECTING THEREFROM THAT PORTION AS CONVEYED TO JAMES B.
HAMPTON AND QUILLAR K. HAMPTON, HUSBAND AND WIFE AS JOINT TENANTS, DESCRIBED AS FOLLOWS:
A PORTION OF THE SOUTH 1 ACRE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARD INO BASE AND MERIDIAN; THENCE SOUTH 89° 27' WEST 331.95FEET; THENCE NORTH 00° 13' 37' EAST 100 FEET TO THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING NORTH 00° 13' 37" EAST, 31.24 FEET; THENCE SOUTH 89° 27' WEST, 50.00 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
PARCEL 57A: (APN: PORTION 614-101-038)
THE EAST 91.00 FEET OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
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Legal Description
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EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF. ALSO EXCEPT THE EAST 75.00 FEET.
PARCEL 57B: (APN: PORTION 614-101-038)
THE WEST 4.00 FEET OF THE EAST 95.00 FEET OF THE SOU TH 2.00 ACRES OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF.
PARCEL 58: (APN: 614-101-039)
THE EAST 75.00 FEET OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF.
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Attachment 1A:
Diagram of Site
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ATTACHMENT 1A
DIAGRAM OF SITE
[Attached at following page]
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Attachment 2:
Scope of Development
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ATTACHMENT 2
SCOPE OF DEVELOPMENT
1. General Description
The Site is approximately 15.35 acres in size consisting of 5 individual Parcels. The Developer’s design vision is to develop Parcel 1 and Parcel 2, totaling approximately 8.38 acres as Residential; Parcel 3, approximately 4.22 acres as Hospitality/Retail and Parcel 4 and Parcel 5 totaling approximately 2.75 acres to be built out as parking lots for the benefit of the other Parcels and the surrounding community. The design of the vehicular circulation through and around the Site will incorporate all five of the parcels and their re spective Projects as a cohesive master planned project. Each individual Parcel will have its own personal design to allow for individual identity while maintaining certain architectural elements to link the Projects architecturally. The roadway design, parking areas, pedestrian paths and landscaping will provide the design and circulation link between the parcels.
Parcel 1 – Residential, Parcel 4 - Parking and Parcel 5 – Parking will be developed in accordance with the Schedule of Performance. Parcel 2 – Residential and Parcel 3 - Hotel will be developed independently as demand from residential consumers, hospitality operators and retail lessees is created.
The improvements to be constructed on the Site shall be of high architectural quality, well landscaped, and efficiently and aesthetically designed. The shape, scale, exterior design and exterior finishes shall be coordinated throughout the development of each parcel and shall conform to the newly amended Highway 111 Specific Plan. The location and scale o f each development will take into consideration the adjacent property uses, guiding the placement and proximity of the improvements to the surrounding streets, developments, adjacent neighborhoods and the guidelines in the Highway 111 Specific Plan.
It shall be the Developer’s responsibility to provide improvements necessary to create a safe and orderly traffic circulation design among the Project and the surrounding community.
Due to existing infrastructure limitations several of the Parcels may be delay ed in the development timeline. It is the City’s and Developer’s intention to assist in hastening the design and construction of the infrastructure improvements required to support the project with the goal to complete all phases of the project as quickly as possible.
2. Developer Improvements
Parcel 1 (2.79 acres) will be combined with the adjacent 1.43 acre parcel owned by Indio Grand Marketplace LLC to create the Phase 1 residential development located in the southeast portion of the Site. Approximately 125 residential apartments will be constructed on this combined 4.22 acre site and will be constructed with three or four stories. Parking for the residential shall be contained on site and will be a combination of covered and uncovered parking. The residential developer will be responsible to provide all parking, on
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Attachment 2:
Scope of Development
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or off site, as required by applicable City Regulations and consistent with the amended Highway 111 Specific Plan. These apartments will be rented at market rate prices and will be designed of high architectural quality with interior amenities to respond to consumer demands. The complex will include a central club room and pool area for the residents. The residential developer will process the plans through the normal site plan and design review process for the City.
Parcel 2 - Residential, located in the southwest portion of the Site, contains approximately
5.59 acres, and will be developed with approximately 170 residential units, with three or four stories. The design and configuration will be guided by the Highway 111 Specific Plan, market conditions and consumer demand but shall maintain the overall high quality and continuity of the design of the overall project.
Parcel 3 is proposed to be developed with a Hotel and several retail pads. The retail pads are currently envisioned as restaurant uses. The Hotel is anticipated to be a mid to upper level hotel design with approximately 120 rooms. The retail uses and Hotel operator will be determined by market demand at the time Parcel 3 is available to develop, sell or lease.
The two parking areas located within the central core of the Site on Parcel 4 and Parcel 5 will be designed to handle overflow parking requirements of the other development parcels and the surrounding community. It is belie ved that the success of the three Development Parcels on the Site, the retail development to the north (not a part) and the future development pad to the east (not a part) will create strong customer demand and the associated need for the additional parking.
3. Site Improvements
The Developer will be responsible for the construction of all site improvements associated with all 5 parcels and each Project. This responsibility will be transferred to the specialty developer for a particular Parcel in the event an individual Parcel is sold or ground leased.
The Developer is responsible to ensure the design of each parcel carries on the traffic circulation design and quality design elements of the project. The site improvements include grading, storm drain retention, pavement and roadways, parking areas, fencing, on -site pedestrian paths, signage, planters, landscaping, irrigation, pavement patterns, site lighting, utility construction and safety and fire protection access. All site improvements shall be performed in accordance with ADA guidelines, applicable building codes and design guidelines within the Highway 111 Specific Plan.
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Attachment 3:
Schedule of Performance
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ATTACHMENT 3
SCHEDULE OF PERFORMANCE
I. GENERAL PROVISIONS
COMPLIANCE DATE
1. Submission - Basic Concept Drawings.
Developer shall prepare and submit to City for
approval the Basic Concept Drawings and
related documents for Parcel 4 and Parcel 5
of the Site.
Within thirty (30) days after execution of
the Agreement by the City.
2. Approval – Basic Concept Drawings. City
shall approve or disapprove Basic Concept
Drawings and related documents for Parcel 4
and Parcel 5.
Within ten (10) business days after
receipt by City.
3. Access for Soils Investigation. City shall
provide Developer with access to the Site for
soils investigations pursuant to Section 2.12
of the Agreement.
Within five (5) days after written
request from the Developer.
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Schedule of Performance
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4. Determination of Site Conditions. Developer
shall determine whether the soil and
environmental conditions on the Site are
suitable for the development thereon
pursuant to Section 2.12 of the Agreement.
Within ninety (90) days after execution
of the Agreement by the City.
5. Opening of Escrow. City shall open an
escrow for conveyance of the Site .
By November 1, 2022
6. Conveyance of Title . City shall convey
title and/or possession to Deve loper, and
Developer shall accept such conveyance,
with respect to the Site.
By December 31, 2022.
II. CONVEYANCE AND CONSTRUCTION
1. Submission-Schematic/Design
Development Drawings. Developer shall
prepare and submit to City the
Schematic/Design Development Drawings
for Parcel 4 and Parcel 5.
Within thirty (30) days after conveyance
of the Property.
2. Approval - Schematic Drawings . City shall
approve or disapprove the Schematic/Design
Development Drawings for Parcel 4 and
Parcel 5.
Within ten (10) business days after
receipt by City.
3. Submission - Preliminary Construction
Drawings, and Preliminary Landscaping and
Grading Plans. Developer shall prepare and
submit to City the Preliminary Construction
Drawings and Preliminary Landscaping and
Grading Plans for Parcel 4 and Parcel 5.
Within sixty (60) days after City's
approval of Schematic/Design
Development Drawings for the Site.
4. Approval – Preliminary Construction
Drawings, and Preliminary Landscaping and
Grading Plans. City shall approve or
disapprove the Preliminary Construction
Drawings and Preliminary Landscaping and
Grading Plans for Parcel 4 and Parcel 5
Within ten (10) business days after
receipt by City.
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Attachment 3:
Schedule of Performance
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5. Submission - Final Construction Drawings
and Landscaping and Finish Grading Plans.
Developer shall prepare and submit the Final
Construction Drawings and Specifications and
the Final Landscaping and Finish Grading
Plans for Parcel 4 and Parcel 5.
Within seventy -five (75) days after
City approval of the Preliminary
Construction Drawings.
6. Approval - Final Construction Drawings and
Landscaping and Finish Grading Plans. City
shall approve or disapprove the Final
Construction Drawings and Specifications and
the Final Landscaping and Finish Grading
Plans for Parcel 4 and Parcel 5.
Within fifteen (15) business days after
receipt by City.
7. Commencement of Construction.
Developer shall commence grading on
Parcel 4 and Parcel 5.
Within thirty (30) days after approval
of the final Construction Drawings by
City and receipt of construction
permits from the City.
8. Completion of Construction. Developer
shall complete construction of the
improvements on Parcel 4 and Parcel 5.
Within twelve (12) months after
commencement of construction.
III. RESIDENTIAL PARCEL 1
I. GENERAL PROVISIONS
1. Submission – Residential Developer
Qualification. Developer shall submit to the
City the name and qualification of the
Residential Developer.
On or before the submittal of the
Basic Concept Drawings.
2. Submission - Basic Concept Drawings.
Developer shall prepare or have prepared and
submit to City for approval the Basic Concept
Drawings and related documents for
Residential Parcel 1.
Within sixty (60) days after the
Closing.
3. Approval – Basic Concept Drawings. City
shall approve or disapprove Basic Concept
Drawings and related documents for
Residential Parcel 1.
Within ten (10) business days after
receipt.
AGENDA ITEM #9.13
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Attachment 3:
Schedule of Performance
12183-0001\2656701v4.doc
III. DESIGN & CONSTRUCTION
1. Submission-Schematic/Design Development
Drawings. Developer shall prepare or have
prepared and submit to City the
Schematic/Design Development Drawings
for Residential Parcel 1 in sufficient detail
for Design Review by the City Planning
Commission.
Within ninety (90) days after approval
of the Basic Concept Drawings by the
City.
2. Approval – Schematic Drawings .
City/Planning Commission shall approve or
disapprove the Schematic/Design
Development Drawings for Residential
Parcel 1.
Within sixty (45) business days after
receipt by City.
3. Submission – Preliminary Construction
Drawings, and Preliminary Landscaping and
Grading Plans . Developer shall prepare or
have prepared and submit to City the
Preliminary Construction Drawings and
Preliminary Landscaping and Grading Plans
for Residential Parcel 1.
Within one hundred twenty (120)
days after City’s approval of
Schematic/Design Development
Drawings (Design Review) for
Residential Parcel 1.
4. Approval – Preliminary Construction
Drawings, and Preliminary Landscaping and
Grading Plans . City shall approve or
disapprove the Preliminary Construction
Drawings and Preliminary Landscaping and
Grading Plans for Residential Parcel 1.
Within fifteen (15) business days after
receipt by City.
5. Submission – Final Construction Drawings
and Landscaping and Finish Grading Plans .
Developer shall prepare or have prepared
and submit the Final Construction Drawings
and Specifications and the Final
Landscaping and Finish Grading Plans for
Residential Parcel 1.
Within sixty (60) days after City
approval of the Preliminary
Construction Drawings.
6. Approval - Final Construction Drawings and
Landscaping and Finish Grading Plans. City
shall approve or disapprove the Final
Construction Drawings and Specifications
and the Final Landscaping and Finish
Within fifteen (15) business days after
receipt by City.
AGENDA ITEM #9.13
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Attachment 3:
Schedule of Performance
12183-0001\2656701v4.doc
Grading Plans for Residential Parcel 1.
7. Commencement of Construction. Developer
shall commence grading on Residential
Parcel 1.
Within sixty (60) days after City
approval of the Final Construction
Drawings and receipt of the Building
Permit.
8. Completion of Construction. Developer shall
complete construction of the improvements
on Residential Parcel 1.
Within twenty four (24) months after
commencement of construction.
AGENDA ITEM #9.13
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Attachment 4:
Grant Deed for Site
12183-0001\2656701v4.doc
ATTACHMENT 4
FORM OF GRANT DEED
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO,
AND MAIL TAX STATEMENTS TO:
APN:
SPACE ABOVE FOR RECORDER’S USE
Recording fee exempt per Govt. § 27383.
Documentary Transfer Tax: $___________
Based on Full Value of Real Property Conveyed; Property is in the City of Indio.
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, The CITY OF INDIO (the “City”), hereby grants to HCL INDIO LAND DEVELOPMENT, LLC, a Delaware limited liability company (“Developer”), the real property hereinafter referred to as the “Site,” described in Exhibit A attached hereto and incorporated herein, subject to the approved Condition of Title (as defined in the DDA [as defined below]).
1. Subject to DDA . The Site is conveyed in accordance with and subject to that certain Disposition and Development Agreement entered into between the City of Indio and Developer dated ________, 2022 (the “DDA”), a copy of which is on file with City at its offices located at 100 Civic Center Mall, Indio, California 92201, as a public record and which is incorporated herein by reference.
2. The DDA requires Developer to develop the certain portions of the S ite with a “Project” (as defined in the DDA), contains certain restrictions on transfer, and includes a right to re-acquire certain portions of the Site. Such obligations and rights are binding on successors-in- interest and are hereby incorporated herein by reference.
3. Covenants to Benefit City; Run With the Land . All DDA covenants without regard to technical classification or designation shall run with the land and be binding on Developer and its successors in interest, for the benefit of City, and such covenants shall run in favor of City for the entire period during which such covenants shall be in force and effect, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. City, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies in the DDA and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
AGENDA ITEM #9.13
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Attachment 4:
Grant Deed for Site
12183-0001\2656701v4.doc
IN WITNESS WHEREOF, the parties hereto have executed this Grant Deed on the date first set forth above.
CITY:
CITY OF INDIO
By:
Bryan H. Montgomery, City Manager
ATTEST:
___________________________
Cynthia Hernandez, City Clerk
AGENDA ITEM #9.13
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Attachment 4:
Grant Deed for Site
12183-0001\2656701v4.doc
EXHIBIT “A”
LEGAL DESCRIPTION OF THE SITE
AGENDA ITEM #9.13
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12183-0001\2656701v4.doc
State of California )
County of )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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.
AGENDA ITEM #9.13
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Attachment 5:
Certificate of Completion
12183-0001\2656701v4.doc
ATTACHMENT 5
FORM OF CERTIFICATE OF COMPLETION
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Attn: ____________________
APN:
SPACE ABOVE FOR RECORDER’S USE
Recording fee exempt per Govt. § 27383.
CERTIFICATE OF COMPLETION
OF CONSTRUCTION AND DEVELOPMENT
THIS CERTIFICATE OF COMPLETION OF CONSTRUCTION AND
DEVELOPMENT (the “Certificate”) is made by the CITY OF INDIO, a California municipal corporation (the “City”), in favor of (the “Developer”).
RECITALS
A. The City and Developer have entered into that certain Disposition and Development Agreement dated __________, 2022 (the “DDA”) concerning the development of certain real property situated in the City of Indio, California as more fully described in Exhibit “A” (the “Parcels”).
B. A s referenced in th e DDA, the City is required to furnish Developer or its successors with a Certificate of Completion upon completion of construction of a Project (as defined in the DDA) on Parcel ____ (as defined in the DDA and legally described on Exhibit A attached hereto), which Certificate is required to be in such form as to permit it to be recorded in the Recorder’s Office of Riverside County. This Certificate constitutes conclusive evidence of the City’s determination that the development and construction of the Project has been satisfactorily completed as required by the DDA.
C. The City has conclusively determined that such construction and development of the Project under the DDA has been satisfactorily completed on the Parcel designated herein.
NOW THEREFORE:
1. As provided in the DDA, the City does hereby certify that the construction of the Project has been satisfactorily performed and completed on Parcel ____, and that such development and construction work comply with the DDA.
AGENDA ITEM #9.13
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Attachment 5:
Certificate of Completion
12183-0001\2656701v4.doc
2. This Certificate of Completion does not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage or any insurer of a mortgage security money loaned to finance the work of construction of improvements and development of the Site, or any part thereof. This Certificate of Completion is not a notice of completion as referred to in Section 3093 of the California Civil Code.
IN WITNESS WHEREOF, the City has executed this Certificate as of this _____ day of ______________, 20__.
CITY OF INDIO,
a California municipal corporation
By:
___________________________,
City Manager
ATTEST:
By:
, City Clerk
AGENDA ITEM #9.13
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Attachment 5:
Certificate of Completion
12183-0001\2656701v4.doc
EXHIBIT A
LEGAL DESCRIPTION OF PARCEL ____
AGENDA ITEM #9.13
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Attachment 5:
Certificate of Completion
12183-0001\2656701v4.doc
State of California )
County of )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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.
AGENDA ITEM #9.13
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City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10272 approving certain speed surveys and establishing speed limits in accordance with those surveys on various streets within the City
RECOMMENDATION:
Adopt Resolution No. 10272 approving certain speed surveys and establishing speed limits in accordance with those surveys on various streets within the City.
SUMMARY:
Engineering and traffic surveys have been conducted in accordance with provisions of the California Vehicle Code on 53 street segments. The findings of the speed surveys and the recommended changes are summarized below.
Street Segments with Recommended No Change 42
Street Segments with Recommended Increase 0
Street Segments with Recommended Decrease 7
Street Segments with New Speed Limit 4
BACKGROUND INFORMATION:
Engineering and Traffic Surveys dated May 2022 were conducted by Hartzog and Crabill, Inc. to establish enforceable speed limits. These surveys comply with provisions of the California Vehicle Code (CVC). The CVC requires that an Engineering and Traffic Survey be conducted and followed in establishing or adjusting a posted speed limit on a street that radar would be used as an enforcement tool. Various street segments have been evaluated and a summary of the study findings is included as Attachment “3”.
Engineering and Traffic Surveys are required to be reviewed every seven (7) years to maintain reasonable and enforceable posted speed limits on the City’s streets. New surveys are also required when conditions change (such as roadway widening or realignment , or the adjacent property develops). If conditions have not changed, then the surveys can be extended for three (3) additional years before being redone. Surveys consider the speeds on City streets in conjunction with a review of collision rates. Residential streets, business districts and school zones have speed limits of 25 MPH and are exempt from the Engineering and Traffic Survey requirements.
The California Vehicle Code establishes the overall parameters that are used in conducting Engineering and T raffic Surveys. On July 1, 2009, the methodology in establishing speed limits in AGENDA ITEM #9.14
Resolution No. 10272 approving certain speed surveys and establishing sp... Page 344 of 556 California was changed to comply with Federal requirements. The 2014 California Manual on Uniform Traffic Control Devices (CAMUTCD) provides the detailed requirements for these surveys as follows:
• Vehicle speeds must be measured during free-flowing traffic conditions. • From those speed measurements, the 85th percentile speed (the speed exceeded by only 15 percent of the drivers) is calculated.
• The 85th percentile speed is then rounded up or down to the nearest 5 MPH increment. • The speed limit shall be established at the rounded 85th percentile speed. • The speed limit may be reduced by 5 MPH from the rounded 85th percentile speed only if unusual conditions not readily apparent to drivers exist (i.e., significantly higher collision rate than expected).
The recommended speed limits are summarized in Attachment “3”.
Public Works Department staff has reviewed the speed surveys and concurs with the recommendations from the consultant.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$8,500 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: DIF Traffic Signals Fund-Org-Object
Reference:
312
Additional Financial Details:
The cost of changing speed limit signs, including labor and materials, is estimated at $250 each. It is estimated that approximately 34 speed limit signs will be needed for a total cost of $8,500.
ATTACHMENTS:
Attachment 1 - Location Map
Attachment 2 - Resolution 10272
Attachment 3 - Speed Survey Summary
AGENDA ITEM #9.14
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RESOLUTION NO. 10272
AGENDA ITEM #9.14
Resolution No. 10272 approving certain speed surveys and establishing sp... Page 346 of 556 AVENUE 44AVENUE 42FRED WARING DRAVENUE 45MONROE STAVENUE 48HJORTH STAVENUE 49AVENUE 50 INTERSTATE 10JEFFERSON STAVENUE 52JEFFERSON STMADISON STAVENUE 40ADAMS ST
MONROE ST
DILLON RD
AVENUE 38
INTERSTATE 10 HIGHWAY 86GOLF CENTER PKWYCALHOUN JACKSON ST
MADISON ST
HWY 111HWY 111INDIO BLVDDR. CARREON BLVDCALHOUNJACKSON STMILES AVENUEINDIO BLVDMADISON STDUNE PALMS RD
AGENDA ITEM #9.14
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ATTACHMENT 2
RESOLUTION NO. 10272
AGENDA ITEM #9.14
Resolution No. 10272 approving certain speed surveys and establishing sp... Page 348 of 556
RESOLUTION NO. 10272
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO APPROVING
CERTAIN SPEED SURVEYS AND ESTABLISHING SPEED LIMITS IN
ACCORDANCE WITH THOSE SURVEYS ON VARIOUS STREETS WITHIN THE CITY
WHEREAS, in accordance with the requirements of Section 40802 of the California Vehicle Code, Engineering and Traffic Surveys have been conducted on various streets wit hin the City by the City Transportation Engineer in accordance with the requirements of the California Vehicle Code, including Section 627 of said Code and the California Department of Transportation Guidelines; and
WHEREAS, California Vehicle Code Sections 22357 and 22358 provide the mechanism for local authoritie s to determine and declare a prima facie speed limit on the basis of an Engineering and Traffic Survey; and
WHEREAS, the City has prepared Engineering and Traffic Surveys dated May 2022 which indicate appropriate speed limits based upon the prevailing sp eeds on city streets in conjunction with measurements of traffic speed and review of collision records; and
WHEREAS, the May 2022 Engineering and Traffic Surveys are on file with the City’s Department of Public Works;
NOW, THEREFORE, THE CITY COUNCIL O F THE CITY OF INDIO HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The above recitals, and each of them, are true and correct.
Section 2. The Engineering and Traffic Surveys dated May 2022 including the Summary of Recommendations 20 21-2022, as revised dated June 1, 2022 (“Summary of Recommendations 2021-2022”), prepared by the City’s consultant in cooperation with the City’s Engineer , on file with the City’s Department of Public Works are hereby approved.
Section 3. The speed limits set forth in the Summary of Recommendations 2021-2022 attached herein as Exhibit A are hereby established on said roadways and are determined to be reasonable and safe and appropriate for th e orderly movement of traffic.
Section 4. All previous resolutions and orders establishing speed limits on said roadways within the City of Indio are hereby repealed.
AGENDA ITEM #9.14
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Section 5. The speed limits established in Section 3 of this resolution shall become effective upon posting of the speed limit signs as required by the California Vehicle Code.
Section 6. The City Engineer or his designee is hereby directed to in stall signage, as needed, to implement the directives set forth in this Resolution as required by the Vehicle Code.
Section 7. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 20th day of July 2022.
WAYMOND FERMON, MAYOR
ATTEST:
CYNTHIA HERNANDEZ, CMC
CITY CLERK
APPROVED AS TO FORM
ROXANNE DAIZ, CITY ATTORNEY
AGENDA ITEM #9.14
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EXHIBIT A
AGENDA ITEM #9.14
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SUMMARY OF RECOMMENDATIONS 2021-22
STREET LOCATION
EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
AVE 38
ADAMS ST TO
JEFFERSON ST 50 45 51.7 46.7 42-51 71.1 REDUCE – 85TH PERCENTILE / CONSISTENCY
JEFFERSON STREET TO
MADISON STREET 45 45 49.9 45.8 43-52 77.3 NO CHANGE – 85TH PERCENTILE AVE 40
JEFFERSON ST TO
MADISON ST 50 50 54.8 50.3 46-55 73.0 NO CHANGE – 85TH PERCENTILE
MADISON ST TO
MONROE ST 50 50 55.5 49.7 46-55 67.2 NO CHANGE – SPEED CONSISTENCY AVE 42
MONROE ST TO
GORE ST-SPECTRUM ST 55 50 54.1 47.7 44-53 60.8 REDUCE - 85TH PERCENTILE
GORE ST-SPECTRUM ST TO
JACKSON ST 55 50 53.9 49.0 44-53 68.8 REDUCE - 85TH PERCENTILE / CONSISTENCY AVE 44
MONROE STREET TO
JACKSON STREET 45 45 47.6 42.8 39-48 70.5 NO CHANGE – 85TH PERCENTILE
JACKSON STREET TO
DILLON STREET 45 45 46.7 43.1 39-48 77.7 NO CHANGE – 85TH PERCENTILE AVE 45
MARKET ST TO
JACKSON ST 35 35 39.9 34.5 30-39 72.2 NO CHANGE - 85TH PERCENTILE
JACKSON ST TO
GOLF CENTER PKWY 45 45 48.4 44.0 40-49 72.1 NO CHANGE - 85TH PERCENTILE
GOLF CENTER PKWY TO
VAN BUREN ST 40 40 41.2 37.6 33-42 78.0 NO CHANGE - 85TH PERCENTILE Revised 6-01-2022
AGENDA ITEM #9.14
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EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
AVENUE 48
JEFFERSON ST TO
MADISON ST 50 50 54.9 50.3 46-55 72.1 NO CHANGE - 85TH PERCENTILE
MADISON ST TO
MONROE ST 50 50 53.9 49.7 46-55 75.9 NO CHANGE - 85TH PERCENTILE
MONROE ST TO
JACKSON ST 50 50 53.6 49.5 45-54 78.4 NO CHANGE - 85TH PERCENTILE AVE 49
JEFFERSON STREET TO
MONROE STREET 40 40 44.3 40.1 37-46 78.1 NO CHANGE - 85TH PERCENTILE AVE 52
MADISON STREET TO
MONROE STREET 50 50 54.3 48.2 44-53 70.3 NO CHANGE - 85TH PERCENTILE
MONROE ST TO
JACKSON ST (Shares Jurisdiction) 55 /*25 55 55.6 49.5 45-54 62.3 NO CHANGE - 85TH PERCENTILE
BUFFALO TRAIL
CALLE DIAMANTE TO
CHEYENNE RD NP 30 34.9 29.9 25-34 75.5 POST - 85TH PERCENTILE / RESIDENTIAL AREA
BURR STREET
FRED WARING DRIVE TO
INDIO BOULEVARD 40 / 25* 40 44.9 40.5 37-46 79.3 NO CHANGE - 85TH PERCENTILE
CALHOUN STREET
AVE 42 TO
AVE 43 NP 40 45.8 41.1 37-46 71.2 POST - 85TH PERCENTILE / CONSISTENCY HWY 111 TO
DOCTOR CARREON BL 40 40 44.9 39.9 36-45 75.6 NO CHANGE - 85TH PERCENTILE
DOCTOR CARREON BL TO
AVENUE 48 45 45 47.6 43.7 39-48 78.5 NO CHANGE - 85TH PERCENTILE _______________________________________________________ Revised 6-01-2022 *25 MPH WHEN CHILDREN PRESENT, SCHOOL ZONE
NP = NOT POSTED
AGENDA ITEM #9.14
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EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
COUNTRY CLUB DRIVE
NCL (2000’ n/o Ave 42) TO
AVE 42 NP/ 55*1 45 44.4 39.3 35-44 69.2 POST 45 MPH - 85TH PERCENTILE
DOCTOR CARREON BLVD
HWY 111 TO
MONROE ST 35 35 41.1 36.1 33-42 77.9
NO CHANGE - 85TH PERCENTILE
LIMITED SIGHT DISTANCE / PED ACTIVITY
MONROE STREET TO
JACKSON STREET 40 40 47.1 42.1 39-48 74.3 NO CHANGE – SPEED CONSISTENCY
JACKSON STREET TO
VAN BUREN STREET 40 /*25 40 44.7 40.4 37-46 81.2 NO CHANGE - 85TH PERCENTILE
DUNE PALMS ROAD
AVE 37 TO
AVE 38 40 40 40.2 36.4 32-41 79.5 NO CHANGE - 85TH PERCENTILE
FRED WARING DRIVE
JEFFERSON STREET TO
MONROE STREET 50 50 53.5 49.8 45-54 83.4 NO CHANGE - 85TH PERCENTILE
GOLF CENTER PARKWAY
AVENUE 42 TO
AVENUE 44 45 45 49.9 44.8 40-49 73.9 NO CHANGE - 85TH PERCENTILE AVENUE 44 TO
AVENUE 45 50 45 50.7 46.7 43-52 78.9 REDUCE - 85TH PERCENTILE / CONSISTENCY AVENUE 45 TO
HWY 111 50 45 51.2 46.8 43-52 67.5 REDUCE - 85TH PERCENTILE / CONSISTENCY HIGHWAY 111
JEFFERSON ST TO
MADISON ST 50 50 52.7 48.6 45-54 75.0 NO CHANGE - 85TH PERCENTILE Revised 6-01-2022
NP = NOT POSTED *1 = 55 MPH DESIGNATED FOR NEIGHBORING CITY OF BERMUDA DUNES
AGENDA ITEM #9.14
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EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
HJORTH STREET
AVENUE 48 TO
AVENUE 50 40 /*25 40 44.3 39.7 35-44 82.1 NO CHANGE - 85TH PERCENTILE
HOOVER AVENUE
INDIO BLVD TO
FRED WARING DR 35 35 35.8 32.8 28-37 89.4 NO CHANGE - 85TH PERCENTILE
FRED WARING DR TO
MONROE ST 35 35 37.5 34.3 32-41 89.4 NO CHANGE - 85TH PERCENTILE
INDIO BOULEVARD
JEFFERSON STREET TO
MONROE STREET 50 50 52.9 47.1 42-51 66.7 NO CHANGE - 85TH PERCENTILE
MONROE STREET TO
HIGHWAY 111 45 45 50.2 43.2 39-48 61.7 NO CHANGE - 85TH PERCENTILE HIGHWAY 111 TO
AVENUE 48 50 50 54.6 47.2 42-51 64.1 NO CHANGE - 85TH PERCENTILE
JOHN NOBLES AVENUE
MONROE STREET TO
ARABIA STREET 35 35 39.2 34.5 30-39 74.0 NO CHANGE - 85TH PERCENTILE
MADISON STREET
INDIO BL TO
FRED WARING DR 40 /*25 40 42.3 37.5 32-41 73.0 NO CHANGE - 85TH PERCENTILE
MILES AVENUE
DUNE PALM RD TO
JEFFERSON ST 45*1/ 50 45 47.7 43.7 40-49 73.2 REDUCE - 85TH PERCENTILE
JEFFERSON ST TO
MADISON ST 55 50 56.2 51.9 48-57 78.7 REDUCE - 85TH PERCENTILE / PREVENT 10 MPH JUMP Revised 6-01-2022
*25 MPH When Children Present, School Zone
*1 = 45 mph Speed Posted in Neighboring City of La Quinta Jurisdiction / 50 mph posted in City of Indio
AGENDA ITEM #9.14
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EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
MILES AVENUE -Continued
MADISON ST TO
CLINTON ST 45 /*25 45 46.1 40.5 35-44 68.1 NO CHANGE - 85TH PERCENTILE
CLINTON ST TO
MONROE ST 45 /*25 45 46.3 41.4 38-47 75.0 NO CHANGE - 85TH PERCENTILE
MONROE ST TO
OASIS ST 25 25 33.5 29.1 25-34 77.9 NO CHANGE – CHARACTERISTICS OF AREA / CONSISTENCY
MONROE STREET
FRED WARING DR TO
HIGHWAY 111 40 /*25 40 42.9 38.9 35-44 83.0 NO CHANGE - 85TH PERCENTILE HIGHWAY 111 TO
DOCTOR CARREON BL 40 40 41.7 37.8 33-42 75.3 NO CHANGE - 85TH PERCENTILE
DOCTOR CARREON BL TO
AVENUE 48 40 /*25 40 44.9 39.3 34-43 74.7 NO CHANGE - 85TH PERCENTILE AVENUE 48 TO
AVENUE 49 45 45 49.6 43.5 40-49 67.3 NO CHANGE - 85TH PERCENTILE AVENUE 49 TO
AVENUE 50 50 50 52.8 47.5 43-52 71.2 NO CHANGE - 85TH PERCENTILE AVENUE 50 TO
AVENUE 52 50 50 53.7 47.7 43-52 65.9 NO CHANGE - 85TH PERCENTILE
OASIS STREET
1300’ S/O HIGHWAY 111 TO
AVENUE 48 40 40 41.1 37.7 33-42 83.1 NO CHANGE - 85TH PERCENTILE
SHOWCASE PARKWAY
JACKSON ST TO
SPECTRUM ST NP 35 39.0 33.8 29-38 75.2 POST - 85TH PERCENTILE
Revised 6-01-2022
*25 MPH When Children Present, School Zone
NP = NOT POSTED
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SPEED SURVEY SUMMARY
AGENDA ITEM #9.14
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SUMMARY OF RECOMMENDATIONS 2021-22
STREET LOCATION
EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
AVE 38
ADAMS ST TO
JEFFERSON ST 50 45 51.7 46.7 42-51 71.1 REDUCE – 85TH PERCENTILE / CONSISTENCY
JEFFERSON STREET TO
MADISON STREET 45 45 49.9 45.8 43-52 77.3 NO CHANGE – 85TH PERCENTILE AVE 40
JEFFERSON ST TO
MADISON ST 50 50 54.8 50.3 46-55 73.0 NO CHANGE – 85TH PERCENTILE
MADISON ST TO
MONROE ST 50 50 55.5 49.7 46-55 67.2 NO CHANGE – SPEED CONSISTENCY AVE 42
MONROE ST TO
GORE ST-SPECTRUM ST 55 50 54.1 47.7 44-53 60.8 REDUCE - 85TH PERCENTILE
GORE ST-SPECTRUM ST TO
JACKSON ST 55 50 53.9 49.0 44-53 68.8 REDUCE - 85TH PERCENTILE / CONSISTENCY AVE 44
MONROE STREET TO
JACKSON STREET 45 45 47.6 42.8 39-48 70.5 NO CHANGE – 85TH PERCENTILE
JACKSON STREET TO
DILLON STREET 45 45 46.7 43.1 39-48 77.7 NO CHANGE – 85TH PERCENTILE AVE 45
MARKET ST TO
JACKSON ST 35 35 39.9 34.5 30-39 72.2 NO CHANGE - 85TH PERCENTILE
JACKSON ST TO
GOLF CENTER PKWY 45 45 48.4 44.0 40-49 72.1 NO CHANGE - 85TH PERCENTILE
GOLF CENTER PKWY TO
VAN BUREN ST 40 40 41.2 37.6 33-42 78.0 NO CHANGE - 85TH PERCENTILE Revised 6-01-2022
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EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
AVENUE 48
JEFFERSON ST TO
MADISON ST 50 50 54.9 50.3 46-55 72.1 NO CHANGE - 85TH PERCENTILE
MADISON ST TO
MONROE ST 50 50 53.9 49.7 46-55 75.9 NO CHANGE - 85TH PERCENTILE
MONROE ST TO
JACKSON ST 50 50 53.6 49.5 45-54 78.4 NO CHANGE - 85TH PERCENTILE AVE 49
JEFFERSON STREET TO
MONROE STREET 40 40 44.3 40.1 37-46 78.1 NO CHANGE - 85TH PERCENTILE AVE 52
MADISON STREET TO
MONROE STREET 50 50 54.3 48.2 44-53 70.3 NO CHANGE - 85TH PERCENTILE
MONROE ST TO
JACKSON ST (Shares Jurisdiction) 55 /*25 55 55.6 49.5 45-54 62.3 NO CHANGE - 85TH PERCENTILE
BUFFALO TRAIL
CALLE DIAMANTE TO
CHEYENNE RD NP 30 34.9 29.9 25-34 75.5 POST - 85TH PERCENTILE / RESIDENTIAL AREA
BURR STREET
FRED WARING DRIVE TO
INDIO BOULEVARD 40 / 25* 40 44.9 40.5 37-46 79.3 NO CHANGE - 85TH PERCENTILE
CALHOUN STREET
AVE 42 TO
AVE 43 NP 40 45.8 41.1 37-46 71.2 POST - 85TH PERCENTILE / CONSISTENCY HWY 111 TO
DOCTOR CARREON BL 40 40 44.9 39.9 36-45 75.6 NO CHANGE - 85TH PERCENTILE
DOCTOR CARREON BL TO
AVENUE 48 45 45 47.6 43.7 39-48 78.5 NO CHANGE - 85TH PERCENTILE _______________________________________________________ Revised 6-01-2022 *25 MPH WHEN CHILDREN PRESENT, SCHOOL ZONE
NP = NOT POSTED
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EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
COUNTRY CLUB DRIVE
NCL (2000’ n/o Ave 42) TO
AVE 42 NP/ 55*1 45 44.4 39.3 35-44 69.2 POST 45 MPH - 85TH PERCENTILE
DOCTOR CARREON BLVD
HWY 111 TO
MONROE ST 35 35 41.1 36.1 33-42 77.9
NO CHANGE - 85TH PERCENTILE
LIMITED SIGHT DISTANCE / PED ACTIVITY
MONROE STREET TO
JACKSON STREET 40 40 47.1 42.1 39-48 74.3 NO CHANGE – SPEED CONSISTENCY
JACKSON STREET TO
VAN BUREN STREET 40 /*25 40 44.7 40.4 37-46 81.2 NO CHANGE - 85TH PERCENTILE
DUNE PALMS ROAD
AVE 37 TO
AVE 38 40 40 40.2 36.4 32-41 79.5 NO CHANGE - 85TH PERCENTILE
FRED WARING DRIVE
JEFFERSON STREET TO
MONROE STREET 50 50 53.5 49.8 45-54 83.4 NO CHANGE - 85TH PERCENTILE
GOLF CENTER PARKWAY
AVENUE 42 TO
AVENUE 44 45 45 49.9 44.8 40-49 73.9 NO CHANGE - 85TH PERCENTILE AVENUE 44 TO
AVENUE 45 50 45 50.7 46.7 43-52 78.9 REDUCE - 85TH PERCENTILE / CONSISTENCY AVENUE 45 TO
HWY 111 50 45 51.2 46.8 43-52 67.5 REDUCE - 85TH PERCENTILE / CONSISTENCY HIGHWAY 111
JEFFERSON ST TO
MADISON ST 50 50 52.7 48.6 45-54 75.0 NO CHANGE - 85TH PERCENTILE Revised 6-01-2022
NP = NOT POSTED *1 = 55 MPH DESIGNATED FOR NEIGHBORING CITY OF BERMUDA DUNES
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EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
HJORTH STREET
AVENUE 48 TO
AVENUE 50 40 /*25 40 44.3 39.7 35-44 82.1 NO CHANGE - 85TH PERCENTILE
HOOVER AVENUE
INDIO BLVD TO
FRED WARING DR 35 35 35.8 32.8 28-37 89.4 NO CHANGE - 85TH PERCENTILE
FRED WARING DR TO
MONROE ST 35 35 37.5 34.3 32-41 89.4 NO CHANGE - 85TH PERCENTILE
INDIO BOULEVARD
JEFFERSON STREET TO
MONROE STREET 50 50 52.9 47.1 42-51 66.7 NO CHANGE - 85TH PERCENTILE
MONROE STREET TO
HIGHWAY 111 45 45 50.2 43.2 39-48 61.7 NO CHANGE - 85TH PERCENTILE HIGHWAY 111 TO
AVENUE 48 50 50 54.6 47.2 42-51 64.1 NO CHANGE - 85TH PERCENTILE
JOHN NOBLES AVENUE
MONROE STREET TO
ARABIA STREET 35 35 39.2 34.5 30-39 74.0 NO CHANGE - 85TH PERCENTILE
MADISON STREET
INDIO BL TO
FRED WARING DR 40 /*25 40 42.3 37.5 32-41 73.0 NO CHANGE - 85TH PERCENTILE
MILES AVENUE
DUNE PALM RD TO
JEFFERSON ST 45*1/ 50 45 47.7 43.7 40-49 73.2 REDUCE - 85TH PERCENTILE
JEFFERSON ST TO
MADISON ST 55 50 56.2 51.9 48-57 78.7 REDUCE - 85TH PERCENTILE / PREVENT 10 MPH JUMP Revised 6-01-2022
*25 MPH When Children Present, School Zone
*1 = 45 mph Speed Posted in Neighboring City of La Quinta Jurisdiction / 50 mph posted in City of Indio
AGENDA ITEM #9.14
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EXISTING
SPEED
LIMIT
RECOMMENDED
SPEED
LIMIT
85TH
PERCENTILE
SPEED
AVERAGE
SPEED
10 MPH
PACE
RANGE
PERCENT
OF VEHICLES
IN PACE RECOMMENDATION - JUSTIFICATION
MILES AVENUE -Continued
MADISON ST TO
CLINTON ST 45 /*25 45 46.1 40.5 35-44 68.1 NO CHANGE - 85TH PERCENTILE
CLINTON ST TO
MONROE ST 45 /*25 45 46.3 41.4 38-47 75.0 NO CHANGE - 85TH PERCENTILE
MONROE ST TO
OASIS ST 25 25 33.5 29.1 25-34 77.9 NO CHANGE – CHARACTERISTICS OF AREA / CONSISTENCY
MONROE STREET
FRED WARING DR TO
HIGHWAY 111 40 /*25 40 42.9 38.9 35-44 83.0 NO CHANGE - 85TH PERCENTILE HIGHWAY 111 TO
DOCTOR CARREON BL 40 40 41.7 37.8 33-42 75.3 NO CHANGE - 85TH PERCENTILE
DOCTOR CARREON BL TO
AVENUE 48 40 /*25 40 44.9 39.3 34-43 74.7 NO CHANGE - 85TH PERCENTILE AVENUE 48 TO
AVENUE 49 45 45 49.6 43.5 40-49 67.3 NO CHANGE - 85TH PERCENTILE AVENUE 49 TO
AVENUE 50 50 50 52.8 47.5 43-52 71.2 NO CHANGE - 85TH PERCENTILE AVENUE 50 TO
AVENUE 52 50 50 53.7 47.7 43-52 65.9 NO CHANGE - 85TH PERCENTILE
OASIS STREET
1300’ S/O HIGHWAY 111 TO
AVENUE 48 40 40 41.1 37.7 33-42 83.1 NO CHANGE - 85TH PERCENTILE
SHOWCASE PARKWAY
JACKSON ST TO
SPECTRUM ST NP 35 39.0 33.8 29-38 75.2 POST - 85TH PERCENTILE
Revised 6-01-2022
*25 MPH When Children Present, School Zone
NP = NOT POSTED
AGENDA ITEM #9.14
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City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Final Tract Maps for LGI Homes -California, LLC, Tract Map Nos. 37075 and 37076, generally located on the south side of Avenue 42 and east and west of Jefferson Street
RECOMMENDATION:
Find that the Final Tract Maps conform to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Tract Maps for LGI Homes-California, LLC, Tract Map Nos. 37075 and 37076, generally located on the south side of Avenue 42 and east and west of Jefferson Street; authorize the City Clerk to attest the approved Tract Maps upon completion of any technical corrections required by the City Engineer: and authorize the Mayor to sign and the City Clerk to attest the Subdivision Improvement Agreements and accept the Street and Survey Monument Improvement Bonds.
SUMMARY:
The proposed residential subdivisions associated with Tract Map Nos. 37075 and 37076, are generally located on the south side of Avenue 42 and east and west of Jefferson Street. LGI Homes- California LLC, has submitted the Subdivision Improvement Agreements along with Performance and Payment Bonds to guarantee the site improvements.
BACKGROUND INFORMATION:
On October 19, 2016, the City Council approved Tentative Tract Map Nos. 37075 and 37076 and set certain conditions for the site improvements. LGI Homes -California, LLC, is required to comply with the conditions of the approved tentative tract maps. LGI Homes -California, LLC, has executed the Subdivision guarantee the to necessary the Bonds and Agreements Improvement submitted completion of the site improvements for the project.
The improvements consist of Street and Survey Monument Improvements within the tract boundaries.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:
AGENDA ITEM #9.15
Final Tract Maps for LGI Homes-California, LLC, Tract Map Nos. 37075 and... Page 363 of 556 Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
The subdivision lots in the Final Tract Map Nos. 37075 and 37076 have been annexed into the Public Safety Community Facilities District 2004-1.
ATTACHMENTS:
Attachment A - Vicinity Map
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 05 Jul 2022 Roxanne Diaz, City Attorney Approved - 06 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 11 Jul 2022 Bryan H. Montgomery, City Manager Approved - 11 Jul 2022
AGENDA ITEM #9.15
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VICINITY MAP
AGENDA ITEM #9.15
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COUNCIL MEETING DATE
APPLICANT
SUMMARY:
N
W E
E N G I N E E R I N G S E R V I C E S
LEGEND
PROJECT
LOCATION
JULY 20, 2022
THE PROPOSED RESIDENTIAL SUBDIVISIONS FOR
TRACT MAPS Nos. 37075 AND 37076, ARE GENERALLY
LOCATED ON THE SOUTH SIDE OF AVENUE 42 AND
EAST AND WEST OF JEFFERSON ST. LGI HOMES-
CALIFORNIA LLC, HAS SUBMITTED THESUBDIVISION
IMPROVEMENT AGREEMENTS ALONG WITH
PERFORMANCE AND PAYMENT BONDS TO
GUARANTEE THE SITE IMPROVEMENTS.
V I C I N I T Y M A P
S
NOT TO SCALE
LGI HOMES-CALIFORNIA, LLC
TM 37076
JEFFERSON ST
MADISON ST
INDIO BLVD
AVE
CITY OF INDIO
CITY OF
LA QUINTA
VARNER RD
FRED WARING DR
TM 37075
42 BURR ST
AGENDA ITEM #9.15
Final Tract Maps for LGI Homes-California, LLC, Tract Map Nos. 37075 and... Page 366 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Revised Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments and the City of Indio for work related to the ATP Arts and Music Line
RECOMMENDATION:
Approve the revised Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments and the City of Indio for work related to the ATP Arts and Music Line and authorize the City Manager to execute the revised Agreement.
SUMMARY:
On March 4, 2020, the City of Indio approved a reimbursement agreement with the Coachella Valley Association of Governments (CVAG) to establish a partnership with the Cities of La Quinta and Coachella to develop a CV Link spur along Avenue 48, coined the “Arts and Music Line”. CVAG has agreed to be the lead agency and fund 75% of the engineering costs associated with developing the project. CVAG revised the funding of the Arts and Music Line increasing Indio’s proportionate share of engineering costs per linear mile of improvements along Avenue 48 by $130,499 to a revised total amount of $457,593.
BACKGROUND INFORMATION:
In 2018, CVAG submitted a grant application for the Cycle 4 Active Transportation Program (ATP) to construct the Arts and Music Line, a CV Link spur connecting Spotlight 29 in the City of Coachella to the Bear Creek Bike Path in the City of La Quinta by way of Avenue 48, Washington Street, and Eisenhower Drive. While unsuccessful, CVAG approached the City in 2019 to reestablish a partnership between Indio, Coachella, and La Quinta to f urther engineer the Arts and Music Line project in order to develop a more competitive grant application for the 2020 Cycle 5 ATP Call for Projects.
Using the 2019 Bicycle and Pedestrian Safety Program, CVAG agreed to provide 75% of the funds for the e ngineering, with the respective cities each contributing toward their proportionate share of remaining engineering costs based on the linear miles of the project in each jurisdiction. CVAG also agreed to act as the lead agency in the development of the pr oject and grant application. The City approved this reimbursement agreement on March 4, 2020, however the agreement was not fully executed by all parties.
In 2019, CVAG issued a Request for Proposals from qualified consultants to develop the plans, specifications, and estimates of probable construction costs so that the project can be ready to AGENDA ITEM #9.16
Revised Agency Reimbursement Agreement by and between the Coachella Vall... Page 367 of 556 construct by the time ATP funds are available. City Staff assisted CVAG in selecting the most qualified consultant, Albert A. Webb Associates (WEBB) to perform this work.
The Cycle 5 Grant Application was also unsuccessful. However, CVAG has enough funding in the Webb contract to prepare another application for Cycle 6. In preparing the Cycle 5 application, CVAG completed various analyses of the route and determined the project should stop at Washington Street, rather than all the way to the Bear Creek Trail, in order to provide strong connections to the community while remaining competitive for grant funding. As such, the project will have a different propor tional share of the existing Webb contract.
While the CVAG Executive Committee approved the reimbursement agreement for pre -construction costs for the Arts & Music Line, the reimbursement agreement was never fully executed. Now that the route has been amended and CVAG has approved revised cost -shares to reflect the changes in the project scope, CVAG is requesting Indio re -approve the the Agreement with the revised cost - share amounts rather than process an amendment to the existing agreement. In additio n, the Cycle 6 application will include a local match that will also be split proportionally with each agency. The amount of this share has not yet been determined. A future item will be brought to council for the allocation of funding if the Cycle 6 application is successfully awarded.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$130,499 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: Gas Tax and Measure A Fund-Org-Object Reference:
210 and 212
Additional Financial Details:
CVAG has entered into a contract with WEBB for $2,731,897, and will be funding 75% of the contract. On March 4, 2020, the City of Indio agreed to a proportional share of $327,094. Due to the revised limits of the project, the City’s share is now $457,593 as detailed below.
Project Funding Sources
Agency Original Amount Revised Amount Difference
CVAG Funding $2,048,923 $2,048,923
City of La Quinta $ 324,061 $ 170,743 ($153,318)
City of Coachella $ 31,819 $ 54,638 $22,819
City of Indio $ 327,094 $ 457,593 $130,499
Total $2,731,897 $2,731,897
The revised share is included in the Fiscal Year 2022/2023 Capital Improvement Plan with Gas Tax and Measure A funding as detailed below:
Fund Amount
Gas Tax (Fund 210) $400,000
Measure A (Fund 212) $57,593
AGENDA ITEM #9.16
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ATTACHMENTS:
Attachment 1_Revised CVAG Agreement
AGENDA ITEM #9.16
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AGENCY REIMBURSMENT AGREEMENT
WITH CVAG FOR WORK RELATED TO
ATP ARTS AND MUSIC LINE
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A. Preliminary Engineering and Environmental
Task 1 Project Kick-Off Meeting
WEBB will schedule and attend meetings in the planning phase as follows:
Kick-off meeting including
sub-consultants and agencies.
WEBB will schedule, chair, and prepare meeting agendas and minutes for all meetings. The agendas will be submitted to the Agency for review two working days before the meeting. The minutes will be distributed to all attendees, everyone who was invited, and the Agency’s Project Manager within five working days after the meeting. The minutes shall include, but not be limited to a list of attendees with phone numbers and email, synopsis of discussion items, any pertinent information, action items, and
follow-up to action items.
WEBB will prepare the project schedule for the three phases utilizing Microsoft Project. WEBB will provide the schedule in both digital and hard copy. An updated schedule is to be handed out during PDT Meetings.
The project schedule will be divided into tasks and subtasks in full detail including, but not limited to Agency function timeline, critical path, and outside sources such as agencies or utilities. Some of the tasks shall be, but are not limited to planning, environmental, right-of-way, design, relevant Agency meetings, CVWD Review, utility relocation, advertising, and construction. The schedule will indicate anticipated durations for all tasks.
Task 2. Surveying and Topographic Mapping
WEBB will perform all surveys (aerial and field) necessary for the preliminary and the final design of the project. WEBB will perform 200-FT wide aerial survey of the entire alignment. WEBB will also perform field survey of all signalized and un-signalized intersections. Topography will include, but not be limited to all features within the existing and proposed right-of-way. The topography will extend the length of the street, a minimum of 300-FT beyond the existing and proposed improvements.
Field survey information will also include surface ground surface culture, all features within and around the project area, and existing roadway profile and pavement limits. WEBB will perform detailed surveying work including the tie-out of any and all existing survey centerlines and property corner monuments that could be disturbed and affected by the proposed work.
Task 3. Utilities Research and Coordination
WEBB will conduct existing utility research for all utilities within the Project limits to identify, locate, and accurately layout all underground improvements. WEBB will determine which utility is to receive the notification, address the utility notification letters, and provide the Agency with a copy of the letters. The Agency will print on Agency letterhead and provide them to WEBB. WEBB will mail these letters to the respective utility. WEBB will prepare letters to comprise of first utility notice letter (Preliminary Project Notice) with response form and second utility notice letter (Prepare to Relocate) with response form. WEBB will call the utility companies, as necessary, until a written response form is received from each potentially conflicting utility. WEBB will identify all utilities that could potentially conflict with the planned Project, and determine special requirements for facilities including protection, relocation, right-of-way easements, and construction
Task 4. Environmental
Task 4.1 - CEQA Documentation
WEBB will draft a project description based on the improvement alignments. Using CVAG’s preferred Initial Study (IS) format, WEBB will prepare an IS with explanatory text for all topical issue areas in compliance with the requirements of CEQA, the CEQA Guidelines, and CVAG’s procedures for implementing CEQA. It is expected the IS will support the preparation of an MND.
Since Assembly Bill 52 (AB 52) is an important component of the CEQA process and can take time to complete (which affects the CEQA schedule), WEBB has included a task to assist CVAG with this process by drafting notification letters for CVAG to mail and will trade status. It is assumed a summary of the government to government AB 52 consultation efforts between CVAG and relevant tribes will be provided to WEBB for inclusion in the Tribal Cultural Resources Section of the IS/MND.
AGENDA ITEM #9.16
Revised Agency Reimbursement Agreement by and between the Coachella Vall... Page 380 of 556 • This task includes preparing the document for public review through final formatting and compiling the relevant technical appendices for CVAG. WEBB will coordinate and conduct the public review process for the IS/MND. WEBB will draft the Notice of Intent (NOI), the Notice of Completion (NOC) for the State Clearinghouse, and draft an ad to be placed in a newspaper of local circulation. CVAG will need to review and sign the appropriate notices, and then WEBB will mail the NOA’s to recipients on the Distribution List provided by CVAG via overnight mail or US Mail return receipt requested. An estimated budget of $1,500 for mailing has been included. It is assumed CVAG will publish the newspaper ad.
Final MND/Mitigation, Monitoring, and Reporting Program/Notice of Determination As part of the Final MND, WEBB will review and prepare responses to comments received during the 30 day public comment period and prepare a Screencheck Final IS/MND. The response to comments includes preparation of responses from no more than 30 individual comments that require answers other than “comment noted.” All documents will be provided electronically to CVAG for its use and reproduction for any public hearings.
If mitigation measures are required to lessen impacts from the project, a mitigation monitoring and reporting program (MMRP) will be required per Section 15097 of the CEQA Guidelines. Given the project location and components, we do expect mitigation measures will be necessary. Therefore, WEBB will prepare an MMRP for CVAG. The MMRP will consist of a matrix that identifies, for each impact category, the applicable mitigation measures, timing for implementation of the mitigation measure, the party responsible for implementation, and the method of reporting or monitoring to be used.
WEBB will prepare a Screencheck MMRP for CVAG review and incorporate one round of revisions.
The Final MND will be compiled by WEBB incorporating responses to comments, final MMRP, the MND, and technical appendices.
Finally, WEBB will prepare the Notice of Determination (NOD) as required by Section 15094 of the CEQA Guidelines for the Agency to file the NOD with the Riverside County Clerk’s Office and State Clearinghouse.
Applicable CEQA filing fees are the responsibility of CVAG.
Task 4.2 - CEQA Technical Studies
The proposed project will require a few technical analyses to support the documentation in the MND. The only other technical areas of impacts that would require detailed analysis include air quality, greenhouse gas emissions/energy, biological resources, and cultural/paleontological resources. The scopes of work for these technical reports are provided below:
Air Quality and Greenhouse Gas/Energy Analysis
WEBB will prepare an Air Quality/Greenhouse Gas (AQ/GHG) Analysis in accordance with the South Coast Air Quality Management District (SCAQMD) requirements. The analysis will: 1) calculate emissions from construction activities using the SCAQMD’s CalEEMod (version 2016.3.2) program; 2) prepare a regional significance threshold analysis as well as a localized significance threshold analysis using the LST Look Up Tables per SCAQMD requirements; 3) compare project emissions to the SCAQMD draft GHG thresholds; and 4) analyze model results and incorporate mitigation measures, as appropriate, into the computer model. The results will be summarized in a technical memorandum and include project-related emissions, identification of potential impacts from the project, and recommend mitigation measures to reduce those impacts, as appropriate. This scope includes revisions from one round of CVAG comments that are editorial in nature.
WEBB will also calculate the energy consumption from both construction activities and long-term energy usage, if applicable, associated with the proposed Project. Calculations will be presented in tables and included under separate cover. Energy impacts of projects are now required under the 2019 CEQA Guidelines and this information will be included in the Project’s IS/MND using the technical analysis completed under this task. In order to complete the analysis, assumptions regarding construction timing and equipment and operations such as LED and charging station energy usage will be required and are assumed to be available from the project team or provided by CVAG.
Biological Resources
WEBB will partner with Wood Environment & Infrastructure Solutions (Wood) to conduct biological resource services. It is anticipated up to four separate tasks will be needed to support the CEQA document:
AGENDA ITEM #9.16
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Wood will perform a literature review along the project alignment and immediate vicinity to determine if any sensitive biological resources have been reported in the area. A field survey will be conducted using methodologies appropriate for the detection of special-status elements identified by the CVMSHCP. Depending on the timing of the field survey, certain elements may be undetectable. Habitat suitability will be assessed for all special-status elements potentially occurring on the site including, but not limited to Coachella Valley fringed-toed lizard, bats, and burrowing owl. If suitable habitat is present within the project area, focused surveys may be required, but due to the disturbed/developed nature of the project footprint, surveys are not anticipated at this time. Since the project site does include some areas containing agricultural areas and golf courses, focused surveys for burrowing owl have been included in a separate task.
Wood will prepare a habitat suitability report which will include supporting documentation including a comprehensive species list, photographic figures, and maps. The report will be prepared according to the standards of the CVMSHCP.
Wood will prepare a report describing the results of the biological assessment for the project. An electronic copy of the draft report will be provided to CVAG for review. Following one round of comments review, necessary changes will be incorporated into a final report for CVAG review and approval. If changes are not adequately addressed, subsequent corrections will be made to CVAG’s satisfaction.
Jurisdictional Delineation
The project site will be evaluated for jurisdictional resources. Jurisdictional waters of the U.S. and wetlands are regulated by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act. Jurisdictional waters of the State are regulated by the Regional Water Quality Control Board (RWQCB) under Section 401 of the Clean Water Act and Porter Cologne Act. Jurisdictional streambeds and associated riparian habitat are regulated by the California Department of Fish and Wildlife (CDFW) under Section 1602 of the State Fish and Game Code.
As part of the jurisdictional delineation, a Wood wetland specialist will: 1) review background information including, but not limited to topographic maps, aerial photos, soils surveys, and engineering plans; 2) conduct an on-site evaluation of the site using the methods described in the 1987 USACE Wetlands Manual and the 2008 Arid West Supplement; and 3) produce a Jurisdictional Delineation Report that defines methods and results of the field assessment. Boundaries of jurisdictional areas and proposed impact areas will be overlaid onto aerial photographs for identification and quantification.
An electronic copy of the draft report will be provided to CVAG for review. Following one round of review comments, any necessary changes will be incorporated into a final electronic report.
Regulatory Permitting
Wood permitting specialists will prepare permit applications for the project. Permit applications will be prepared for the following agencies:
• US Army Corps of Engineers: A Nationwide Permit Pre-construction Notification (PCN) Form will be prepared. This scope assumes the project will qualify under an existing Nationwide Permit (NWP). If the project does not qualify under an existing NWP, an Individual Permit (IP) would be required. Procurement of an IP includes assessments of alternatives and public comment and, therefore, would exceed the cost provided herein and is not included in this scope
• Regional Water Quality Control Board: An application for 401 Water Quality Certification will be prepared • California Department of Fish and Game: An application for a Streambed Alteration Agreement will be prepared Draft copies of the permits will be provided to CVAG for review and approval, submit applications, and follow up with agencies on a monthly basis to ensure proper permit processing. Permit fees are not included in this scope.
Focused Burrowing Owl Surveys
Focused burrowing owl surveys are required where suitable habitat is present. Where applicable, focused burrowing owl surveys will be conducted, as described below. Focused burrow surveys and four breeding season focused burrowing owl surveys will need to be performed between March 1 and August 31 (during the breeding season). Focused Burrowing Owl Surveys will consist of visits to the project area on four separate days. This scope of work includes surveys on an estimated 20-acres of suitable habitat. If additional habitat is identified within the project site, additional costs may be required.
Results of the surveys, including the methodology transect width, duration, conditions, and findings, will be incorporated into an MSHCP compliant burrowing owl report. Following one round of review comments, any necessary changes will be incorporated into a final electronic report. Appropriate maps showing burrow locations will be included. If burrowing owls
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Cultural Resources Assessment
WEBB will partner with Applied Earthworks (Æ) to conduct the archaeological/historical and paleontological resources assessments needed to support not only the CEQA process, but the AB 52 process as well. The portion of the Project along Dillon Road traverses Tribal Lands. If the Project extends beyond the existing right-of-way (ROW), Æ will need to obtain authorization from the Bureau of Indian Affairs (BIA) to conduct surveys on tribal lands. In addition, if the Project involves tribal land, the cultural report will need to comply with Section 106 of the National Historic Preservation Act (NHPA). For the purposes of this proposal, Æ assumes the Project will be within existing road ROW and will not extend into tribal lands.
Cultural Resources Tasks
• Æ will complete a cultural resource literature and records search from the Eastern Information Center (EIC) housed at the University of California, Riverside. This search will encompass a one-mile radius of the Project area. We assume the EIC records search fee will not exceed $2,000.00. The current turnaround time to have the literature and records search conducted by the EIC is approximately four weeks • Æ will contact the Native American Heritage Commission (NAHC) for a search of the Sacred Lands Files (SLF).
Æ also will contact tribes/individuals identified by the NAHC with local Traditional Use Areas that may have information regarding Native American cultural resources within the project vicinity. Contact will be initiated by a letter and followed once by a single email or telephone call. • A team of two qualified archaeologists will conduct a day-long intensive pedestrian surface survey of the undeveloped portions of the Project area and a reconnaissance survey of the portions of the Project area within existing roadways. Survey transect spacing will range from 10 to 15 meters (30 FT to 50-FT), and the ground surface of all landforms likely to contain or exhibit intact and significant cultural resources, if any, will be examined. Additionally, the surveyors will investigate any unusual contours, soil changes, distinctive vegetation patterns, features (e.g., road cuts, ditches, and stream cuts), and other potential cultural site markers. CVAG is responsible for landowner permission or access
• For the purposes of this proposal, we assume no subsurface testing and no archaeological resources requiring documentation or evaluation will be encountered during Æ’s intensive pedestrian surface survey of the project area. However, Æ is aware of one existing built environment resource, the Coachella Valley Stormwater Channel, within the Project area. Through a combination of fieldwork and desktop research, Æ will characterize this resource, document its boundary in relation to the Project area, complete archival research, evaluate its significance using criteria set forth in the California Register of Historical Resources (CRHR), and develop appropriate mitigation measures if necessary. Fieldwork will involve visual inspection and photo-documentation of the built environment resource within the Project area. For the built environment fieldwork, CVAG is responsible for landowner permission or access to the Project area. For the purposes of this proposal, it is assumed this resource will need to be reported on California Department of Parks and Recreation (DPR) Forms 523 A & B • Following completion of the field investigation, Æ will prepare a combined archaeology/built environment report of our findings to CEQA standards. This report will describe the Project, cultural setting, investigation methods, survey results, resource evaluations, and management recommendations. The report will also incorporate the results of the records search from the EIC, as well as communication with local Native American tribes, and will offer recommendations for further cultural resource management efforts, if necessary. Æ assumes one round of comments will be addressed following review of the draft technical report by CVAG and no major revisions will be required. If changes are not adequately addressed, subsequent revisions will be made to CVAG’s satisfaction.
The draft report will be provided for CVAG review and the final report will be submitted electronically as a PDF file. No hard copies will be prepared. The DPR forms will be submitted as an appendix within the report. After the report has been approved by the Agency, Æ will submit a copy of the final report to the EIC
Paleontological Resource Tasks
• According to the Riverside County paleontological sensitivity map, the majority of the Project area is ranked High A (Ha). This category is based on geologic formations or mapped rock units associated with significant paleontological resources, such as fossil fish and trace fossils. A small portion of the Project, along the extreme eastern portion of the Trail, is within an area of Undetermined Potential (U). This category is assigned to areas underlain by sedimentary rocks about which literature and unpublished studies are not available and which, therefore, must be evaluated by field studies and then designated as high or low sensitivity. Æ will request museum records searches from the Natural History Museum of Los Angeles County (NHMLAC) and Western Science Center (WSC) for recorded paleontological resource localities within and in the vicinity of the Project
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• To supplement museum collections records search results, Æ also will review published and unpublished geologic maps and literature to characterize the geology and paleontology of the Project area • Upon receipt of the museum records searches, Æ will complete a pedestrian field reconnaissance survey of the portion of the Project area with Undetermined Potential. The purpose of the field survey will be to visually inspect the ground surface for exposed fossils and to evaluate geologic exposures for their potential to contain preserved fossil material at the subsurface. For the paleontological survey, CVAG is responsible for landowner permission or access to the Project area. We anticipate no fossil discoveries during the field survey (i.e., significant or insignificant) that would require documentation, evaluation, or collection • Upon completion of the paleontological field survey, Æ will prepare a Paleontological Resources Assessment (PRA) Report. The report will document the desktop and field findings, including a customized update to the paleontological sensitivity ranking, and will provide Project-specific recommendations. The report will include a GIS map depicting areas where mitigation is recommended, such as Worker Environmental Awareness training, prior to construction and construction monitoring. All paleontological work will be conducted according to Society of Vertebrate Paleontology (2010) guidelines and will meet the requirements of CEQA. Æ’s draft PRA will be submitted electronically to CVAG for review and the final PRA will be submitted electronically as a PDF file. Æ assumes one round of comments will need to be addressed following review of the draft technical report by CVAG and no major revisions will be required
Assumptions and Exclusions
• No additional technical studies, checklist, or additional analyses will be required • The appropriate CEQA document is assumed to be an IS/MND • Permitting or Agency fees are not included
• Only electronic copies of environmental documents will be required • Land owner permission or access will be obtained by CVAG • Assumes no federal funds, lands, or permits are required • Assumes one cultural resource and no paleontological resources will require documentation and evaluation (i.e., the Coachella Valley Stormwater Channel)
Task 4.3 - Traffic Impact Study (LOS-based)
WEBB will coordinate with the Coachella Valley Association of Governments (CVAG) and affected cities such as Indio, La Quinta, and Coachella to finalize the project study area. It is assumed 26 intersections (23 signalized and three all-way stop-controlled) and 25 roadway segments are to be included as a part of this analysis. The list of intersections is provided below.
26 Signalized Intersections
1. Eisenhower Drive / Cale Tampico
2. Eisenhower Drive / Avenue 50
3. Eisenhower Drive / Avenida Fernando
4. Eisenhower Drive / Coachella Drive
5. Washington Street / Eisenhower Drive
6. Washington Street / 48th Avenue
7. Adam Street / Avenue 48
8. Dune Palms Road / Avenue 48
9. Jefferson Street / Avenue 48
10. Shields Road / Avenue 48
11. Madison Street / Avenue 48
12. Hjorth Street / Avenue 48
13. Calle Diamante / Avenue 48
14. Monroe Street / Avenue 48
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15. Jackson Street / Avenue 48
16. Calhoun Street / Avenue 48
17. Dillon Road / Avenue 48
18. Dillon Road / Cabazon Road
19. Dillon road / Highway 111 EB Ramps
20. Dillon Road / Highway 111 WB Ramps
21. Dillon Road / Harrison Place
22. Desert Grove Drive / Avenue 49
23. Jefferson Street / Highway 111
Three All-Way Stop-Controlled Intersections
24. Van Buren Street / Avenue 48
25. Madison Street / Avenue 49
26. Hjorth Street / Avenue 49
The study roadways following the Arts and Music Line alignment were segmented by the 26 study intersections. As a result, 25 segments will be studied. An additional 35 segments (a total of 60 segments) will need to be counted in order to develop near-term and long-term intersection turning movements. These 35 segments are side-streets connecting the study intersections.
Additionally, WEBB will complete the following:
• Commission data collection for the 26 study intersections (7:00-9:00 AM and 4:00–6:00 PM including pedestrian and bicycle counts) and 60 roadway segments (24-hr volume). See above for explanation on segment data collection
• Coordinate with the cities of Indio, La Quinta, and Coachella, and Caltrans to obtain signal timing for the 23 signalized intersections
• Conduct a field review to document the existing features of the study corridors. The following features are included as a part of the field observation:
o Number of travel lanes, posted speed limit, median treatment, presence of on-street parking, and bicycle facilities
o Intersection geometrics, signal phasing, pedestrian signal o Traffic queuing during peak hours
• Analyze and document existing conditions
• Coordinate with CVAG and the project team to determine the appropriate project opening year • Develop traffic volumes for the project opening year (near-term) scenario. Background traffic volumes for the project opening year conditions will be based on a straight-line growth between the existing data collected and the recent General Plan Update (GPU) travel model forecasts. • Coordinate with the project team to determine the appropriate intersection treatments such as bicycle signal phase
• Analyze and document project opening year (near-term) traffic conditions without and with the proposed project • Analyze and document horizon year (long-term) traffic conditions without and with the proposed project. The horizon year traffic volumes will be obtained from the respective GPUs • Prepare a draft technical report for submittal to the project team and CVAG for review and comment (electronic submittal)
• Analyze and provide recommendations for complete streets on Eisenhower Drive • Prepare a final technical report incorporating comments and direction (electronic submittal)
Traffic Impact Study (VMT-based)
WEBB will complete the following: