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c. Quasi-public utility, public alley, public street easements, and rights of way of record; and
d. Those non-monetary exceptions approved by City within 10 business days after the date City receives the title commitment and legible copies of all instruments noted as exceptions therein. If City unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to City (less City’s share of Escrow cancellation charges), and this Agreement will have no further force or effect. If City conditionally disapproves any such exceptions in writing to Seller within ten (10) business days after the date City receives the title commitment, then Seller will use Seller’s best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved nonmonetary exceptions are not removed by the Close of Escrow, City may, at its option, either accept the Subject Fee Property subject to such encumbrances or terminate the Escrow and receive a refund of all funds deposited into Escrow (less City’s share of Escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, City’s interest in the Subject Fee Property will be free and clear of all monetary liens or encumbrances, except for the Permitted Title Exceptions and as otherwise approved or accepted by the City in accordance with this Section.
6. Deposit of Necessary Documents.
a. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder within 10 business days after the Effective Date, the executed and acknowledged original of the Grant Deed conveying in fee to the City the approximate 8,244 square foot Subject Fee Property described in EXHIBIT “A” and depicted on EXHIBIT “B” hereto. The form of the Grant Deed is attached as EXHIBIT “C” to this Agreement and is incorporated herein by this reference. b. Additional Documents. City and Seller agree to deposit with Escrow Holder any additional documents as may be necessary to complete this transaction, including any documents necessary to evidence that the respective signatory for each Party is authorized to bind said Party.
c. Certification of Non-Foreign Status. Seller agrees to deliver to Escrow Holder a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow.
d. California Revenue and Taxation Code Section 18662. Seller acknowledges that California Revenue and Taxation Code Section 18662 requires that an amount equal to 3⅓% of the total Purchase Price for real property be withheld from funds otherwise payable to Seller at Close of Escrow and be paid to the California Franchise Tax Board unless Seller is exempt from such requirements. Escrow Holder will provide forms to Seller regarding such withholding and the circumstances under which Seller may be exempt from such requirements.
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7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder as set forth below, provided each of the following conditions has been fulfilled:
a. Escrow Holder can issue in favor of City the Policy, showing City’s fee interest in the Subject Fee Property in favor of City, subject only to the Permitted Title Exceptions.
Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the approximate 8,244 square foot Subject Fee Property so that said Subject Fee Property is free and clear of monetary liens and encumbrances at the Close of Escrow.
Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Subject Fee Property;
b. City will have deposited with Escrow Holder the Purchase Price and Escrow charges;
c. Escrow Holder will have received City’s notice of approval or satisfaction or waiver of all of the contingencies to City’s obligations hereunder, as provided for below in Section 16; and
d. Seller will have deposited in Escrow the documents required by Section 6, including the executed Grant Deed. Unless otherwise instructed in writing by either Buyer or Seller, Escrow Holder is authorized to record any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. e. Disbursement of Purchase Price. Escrow Holder will disburse to Seller the $81,782.00 Purchase Price on the Close of Escrow, less any sums required for Escrow Holder to issue to City the Policy, showing City’s fee interest in the Subject Fee Property in favor of City free and clear of any monetary encumbrances and subject only to the Permitted Title Exceptions.
8. Escrow Charges and Prorations.
a. Escrow Charges. City will pay for the cost of the Policy, Escrow costs and Escrow Holder’s customary out-of-pocket expenses for messenger services, long distance telephone calls, etc. City will pay for recording the Grant Deed, and any documentary or other local transfer taxes, if any, and any other recording fees. If the Escrow fails to close through no fault of either Party, City will pay all Escrow cancellation charges. b. No Proration of Property Taxes. Real property taxes for the Subject Fee Property shall not be prorated but must be paid by Seller for the current tax period. Seller may claim a refund of property taxes in the event any property taxes paid are allocable to the period after the closing. Buyer, as a municipal corporation acquiring property within its jurisdiction, is exempt from property taxes. Escrow Holder is authorized to pay from the Purchase Price any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or nondelinquent assessments or bonds recorded against the Subject Fee Property.
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9. Permission to Enter/Due Diligence Testing. Seller hereby grants to City and City’s authorized agents, contractors, consultants, assigns, attorneys, accountants, and other representatives an irrevocable license/permission to enter upon the Subject Fee Property for the period prior to Close of Escrow for the purpose of making any due diligence testing and other physical examinations of the Subject Fee Property consistent with this Agreement, including, but not limited to, the right to perform soil and geological tests of the Subject Fee Property and environmental site assessments thereof, that City considers necessary for the Project. City will give Seller and Tenant (as defined herein) 48-hours’ written notice before going on the Subject Fee Property to conduct such due diligence testing prior to Close of Escrow. For the purposes of this Section, Tenant’s address for such notices from City shall be: Madison St. Produce, LLC, c/o P.O. Box 5340, La Quinta, CA 92248. City does hereby indemnify and forever save Seller, Seller’s heirs, successors and assigns free and harmless from and against any and all liability, loss, damages, costs, expenses, demands, causes of action, claims or judgments, arising from City’s entry on the Subject Fee Property for the due diligence testing, environmental site assessments, and any other similar activities performed pursuant to this Section. If City fails to acquire the Subject Fee Property due to City’s default, this license/permission to enter will terminate upon the termination of City’s right to purchase said Subject Fee Property. In such event, City will immediately remove or cause to be removed all of its personal property, facilities, tools, and equipment from the Subject Fee Property left in the area comprising the Subject Fee Property in connection with the due diligence testing and other activities performed thereon and restore said area as close as possible to the condition of said area prior to City’s entry and any activities performed thereon pursuant to this Section.
10. Representation and Warranties of Seller. Seller hereby represents and warrants to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. That to the best of Seller’s knowledge on the Close of Escrow (i) the Subject Fee Property will be free and clear of Hazardous Materials (defined in Section 17.a. below) or toxic substances and waste, including, but not limited to, asbestos; (ii) businesses, if any, on the Subject Fee Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Subject Fee Property or alleged violation of Environmental Laws (defined in Section 17.b. below), health or safety statutes, ordinance, or regulations.
b. That Seller is the sole owner of the Subject Fee Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Subject Fee Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Subject Fee Property or allow the Subject Fee Property to be further encumbered prior to the Close of Escrow.
c. Neither this Agreement, nor anything provided to be done hereunder, including the City’s acquisition of the Subject Fee Property, violates or will violate any contract, agreement or instrument to which Seller is a party, and this Agreement does not require the consent
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of any party not a signatory hereto.
d. Except as disclosed in the title commitment referred to in Section 5, there are no claims or liens presently claimed or that will be claimed against the Subject Fee Property by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work performed or commenced prior to the Effective Date. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including reasonable attorneys’ fees, arising from or relating to any such lien or any similar lien claimed against the Subject Fee Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual rights or options to lease, purchase, or otherwise enjoy possession, rights, or interest of any nature in and to the approximate 8,244 square foot Subject Fee Property, or any part thereof, and no persons have any right of possession to the Subject Fee Property, or any part thereof, except pursuant to a certain Month-toMonth Rental Agreement dated as of June 1, 2022 by and between Seller (as landlord) and MADISON ST. PRODUCE, LLC, a California limited liability company (“Tenant”) (as amended, the “Lease”), which such Lease on its own terms will no longer include the Subject Fee Property upon the Close of Escrow, so that Seller shall be able to deliver the Subject Fee Property to City upon the Close of Escrow free of any leases. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including reasonable attorneys’ fees, arising from or relating to any claims by any persons or entities claiming rights to such written or any oral leases or contractual rights or options to lease, purchase or otherwise enjoy possession, rights, or interest of any nature in and to the Subject Fee Property, or any part thereof, including any claims for loss of rents or profits, and from any claims asserted by any party claiming to have rights to possession of any portion of the Subject Fee Property following the Close of Escrow. f. Seller has no actual knowledge of any pending, threatened or potential litigation, action, or proceeding against Seller or any other party before any court or administrative tribunal that involves any portion of the Subject Fee Property.
11. Representations and Warranties of City. City hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement.
b. City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein.
12. City’s Full Payment of Purchase Price.
a. City’s payment to Seller of the Purchase Price is an all-inclusive settlement and is the full and complete consideration and payment of just compensation for the fair market value of the Subject Fee Property and improvements located in the area of the Subject Fee Property, which include fifteen bollards, approximately 518 linear feet of wood fencing, a metal
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gate, and costs for Seller’s relocation of a small wooden sign to another area on the remainder parcel, severance damages, inverse condemnation, precondemnation damages, attorneys’ fees, interest, appraisal costs, loss of rents, any other damages of every kind and nature suffered by Seller by reason of City’s acquisition of the Subject Fee Property, and all costs and expenses whatever in connection therewith.
b. Seller further acknowledges and agrees that Seller will not suffer any loss of goodwill under Code of Civil Procedure Section 1263.510 as a result of City’s acquisition of the Subject Fee Property or the construction of the Project. Under Code of Civil Procedure Section 1263.510, the owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, will be compensated for loss of goodwill if the owner proves that (i) the loss is caused by City’s acquisition of the property or the injury to the remainder; (ii) the loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; (iii) compensation for the loss will not be included in payments under Government Code Section 7262; and (iv) compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner.
13. Relocation Assistance. The City’s acquisition of the Subject Fee Property will not impact any buildings or structures on the Larger Parcel. Accordingly, City’s acquisition of the Subject Fee Property will not result in the displacement of any person or business occupying the Larger Parcel and no relocation assistance or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.), or Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations) apply.
14. Releases.
a. This Agreement is a voluntary agreement and Seller, on the Close of Escrow, on behalf of Seller, Seller’s successors and assigns, fully releases City, its Council Members, officers, counsel, employees, representatives and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of City’s efforts to acquire the Subject Fee Property, or any preliminary steps thereto. Seller further releases and agrees to hold City harmless from any and all claims and causes of action by reason of any leasehold interest in connection with the Subject Fee Property, including any claims for loss of rents, lost profits, or claims or damages by any person or entity claiming an interest to the Subject Fee Property, and from any claims arising in connection with City’s acquisition of the Subject Fee Property that are asserted by any party claiming to have rights to possession of any portion of said property.
b. Seller acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses that may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller
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may have under California Civil Code Section 1542 as it relates to the releases set forth in this Section 14, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
Seller’s Initials: ___________ City’s Initials:___________ c. Seller’s waiver of rights and release of claims set forth above in Section
14.a and Section 14.b. will not extend to and is not intended to extend to claims related to or alleged to arise out of negligence on the part of City, its agents, or contractors, in connection with the physical construction of the Project.
d. Except as otherwise provided herein, City acknowledges that Seller, nor any parent, affiliate, advisor, officer, director, trustee, member, employee, agent, attorney or contractor of or for Seller (all of the foregoing, individually and collectively, the “Seller Parties”), is making or shall be deemed to have made, nor does any Seller Party have the authority to make, any express or implied representation or warranty of any kind or nature as to the Subject Fee Property. Without limiting the generality of the foregoing, City hereby acknowledges that, except as expressly set forth herein or in any documents delivered by Seller in connection with Close of Escrow, the Subject Fee Property will be sold to City “AS IS,” “WHERE IS” and “WITH ALL FAULTS,” and there are no representations or warranties, express or implied, made by the Seller Parties in connection with the transaction contemplated in this Agreement. City acknowledges and agrees that (1) City shall rely upon City’s own due diligence in determining whether the Subject Fee Property is suitable for purchase by City; (2) City has, or prior to expiration of the due diligence testing period as provided in Section 9 will have, been given a reasonable opportunity to inspect and investigate the Subject Fee Property, and all aspects relating thereto; (3) City is acquiring the Subject Fee Property based exclusively upon City’s own investigations and inspections thereof; (4) except as otherwise expressly set forth in this Agreement, Seller has no obligation to repair or correct any facts, circumstances, conditions or defects or compensate City therefor; and (5) by reason of all of the foregoing, City shall assume the full risk of any loss or damage occasioned by any fact, circumstance, condition or defect pertaining to the Subject Fee Property. e. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN
ANY DOCUMENT OR INSTRUMENT DELIVERED BY EITHER SELLER IN
CONNECTION WITH THE CLOSE OF ESCROW, EFFECTIVE UPON THE CLOSE OF
ESCROW, CITY HEREBY WAIVES, RELINQUISHES AND RELEASES EACH OF THE
SELLER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES
OF ACTION (INCLUDING CAUSES OF ACTION IN TORT, LOSSES, DAMAGES,
LIABILITIES, COSTS AND EXPENSES OF ANY AND EVERY KIND OF CHARACTER,
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KNOWN OR UNKNOWN (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES
AND COSTS), ARISING FROM OR RELATING TO THE SUBJECT FEE PROPERTY OR
THE TRANSACTION DESCRIBED IN THIS AGREEMENT, WHICH, BUT FOR THIS
RELEASE, CITY COULD ASSERT OR ALLEGE AGAINST THE SELLER PARTIES AND
ANY AND ALL ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS ARISING
FROM OR RELATING TO OR OTHERWISE REGARDING THE SUBJECT FEE PROPERTY
WHATSOEVER, PROVIDED, HOWEVER, THE FOREGOING WAIVER,
RELINQUISHMENT AND RELEASE SHALL NOT RELEASE SELLER FROM (i) ANY
TERMS OF, OR OBLIGATIONS UNDER, THIS AGREEMENT THAT EXPRESSLY SURVIVE THE CLOSE OF ESCROW, (ii) SELLER’S FRAUD OR INTENTIONAL MISREPRESENTATION, (iii) SELLER’S WILLFUL MISCONDUCT, OR (iv) THIRD PARTY
CLAIMS ARISING OUT OF TORTIOUS ACTS OF SELLER PRIOR TO CLOSE OF ESCROW.
IN CONNECTION THEREWITH CITY EXPRESSLY WAIVES ALL RIGHTS AND PRIVILEGES UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND
UNDER ANY OTHER SIMILAR APPLICABLE LAW OR LEGAL PRINCIPLE) WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
Seller’s Initials: ___________ City’s Initials:___________ f. This Section 14 will survive the Close of Escrow.
15. Waiver of Any Rights Pursuant to Code of Civil Procedure Section 1245.245.
Seller has reviewed Code of Civil Procedure Section 1245.245, a copy of which is attached as EXHIBIT “D” hereto and incorporated herein by this reference. Seller expressly waives any rights that it may have pursuant to Code of Civil Procedure Section 1245.245 to re-purchase the Subject Fee Property from Buyer if Buyer has not used the Subject Fee Property in connection with the Project within ten (10) years of the date on which the Grant Deed is recorded in the Official Records of the County of Riverside.
Seller’s Initials: ___________
16. City’s Contingencies. For the benefit of City, the Close of Escrow and City’s obligation to consummate the purchase of the Subject Fee Property will be contingent upon and subject to the occurrence of all of the following (or City’s written waiver thereof, it being agreed that City can waive any or all such contingencies) on or before the Close of Escrow:
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a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct;
b. The delivery to Escrow Holder of all documents pursuant to Section 6 of this Agreement;
c. Escrow Holder’s commitment to issue, in favor of City, the Policy with liability equal to the Purchase Price showing City’s fee interest in the Subject Fee Property, subject only to the Permitted Title Exceptions; and
d. City’s approval prior to the Close of Escrow of any due diligence testing, environmental site assessment, soils or geological reports, or other physical inspections of the Subject Fee Property that City might perform prior to the Close of Escrow.
17. Certain Definitions.
a. The term “Hazardous Materials” will mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos-containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a “hazardous substance” in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws.
b. The term “Environmental Laws” will mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the Effective Date relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C.
Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C.
Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community
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Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the Effective Date.
18. Evidence in Court Proceeding. The Parties agree that the total Purchase Price of $81,782.00 or any inference of the per square foot value of the Subject Fee Property based on said Purchase Price will not be admissible as evidence of the fair market value of the Subject Fee Property in any eminent domain or other proceeding or litigation concerning the Larger Parcel, Subject Fee Property, or any portion thereof.
19. Default. In the event of a breach or default under this Agreement by either City or Seller, the non-defaulting Party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Fee Property, by delivering written notice thereof to the defaulting Party and to Escrow Holder, and if City is the non-defaulting Party, City will thereupon promptly receive a refund of all of the deposits it deposited with Escrow Holder, if any, less City’s share of any Escrow cancellation charges.
Such termination of the Escrow by a non-defaulting Party will be without prejudice to the nondefaulting Party’s rights and remedies at law or equity.
20. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, by personal delivery, or by Federal Express or other overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery, (b) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, (c) one business day following deposit with Federal Express or other overnight carrier, or (d) by electronic communication, including e-mail transmission. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice:
BUYER:
COPY TO:
SELLER:
City of Indio
100 Civic Center Mall
Indio, CA 92202
Attention: Bryan Montgomery, City Manager
E-Mail: [email protected]
Cole & Huber
2855 East Guasti Road, Suite 402
Ontario, CA 91761
Attention: Steven Graham
E-Mail: [email protected]
Murphy 230 Land Company, a General Partnership
20615 Oaksboro Circle
Woodland Hills, CA 91364
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COPY TO:
ESCROW
HOLDER:
Attention: Sarah McPherson
E-Mail:
Loeb & Loeb LLP
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067
Attention: Gerald Chizever, Esq.
Telephone: 310-282-2121
E-Mail: [email protected] (“Seller’s Counsel”)
Commonwealth Land Title Insurance Company
4100 Newport Place Drive - Ste 120
Newport Beach, CA 92660
Attention: Krystal Thompson
E-Mail: [email protected]
21. Closing Statement. Escrow Holder is authorized to provide a copy of the Closing Statement to Seller, Seller’s Counsel, City and to Overland, Pacific & Cutler, LLC, Attention:
Todd Salvatore, 449 Intonation Street, Henderson, NV 89011.
22. Miscellaneous.
a. Further Documents. Each of the Parties will, wherever and as often as is requested by the other Party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further Escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement.
b. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, construed, and enforced in accordance with the laws of the State of California.
c. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter of this Agreement.
No person is authorized to make, and by execution hereof Buyer and Seller acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise not contained in this Agreement will be valid or binding on Buyer or Seller.
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d. Amendments. Any amendments to this Agreement will be effective only by a writing executed by all Parties to this Agreement and deposited with Escrow Holder. e. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. f. Time of Essence. The Parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow Holder’s general Escrow instructions.
g. Counterparts, Facsimile and Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together will constitute the entire Agreement.
Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered.
h. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. i. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel, or, if they were not so represented, said non-representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement.
j. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below.
SELLER
Murphy 230 Land Company, a General
Partnership
Dated:_______________________
By:________________________________
Gordon Karsin, General Partner
BUYER
City of Indio, a municipal corporation
Dated:_______________________
Approved as to Form:
COLE & HUBER
By:
Steven Graham, City Attorney
By:_______________________________
Bryan Montgomery, City Manager
ATTEST:
By:
_______________, _______________
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EXHIBIT “A”
LEGAL DESCRIPTION
RIGHT OF WAY ACQUISITION
APN 616-130-034
THAT PORTION OF PARCEL 1 AS SHOWN ON PARCEL MAP 19884, IN THE CITY OF
INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 120 OF PARCEL MAPS, AT PAGES 44 AND 45, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC) AT THE CENTERLINE INTERSECTION OF MADISON STREET AND HIGHWAY 111 AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG SAID CENTERLINE OF MADISON STREET SOUTH 00°29’58” EAST, A DISTANCE OF 754.42 FEET TO THE INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID PARCEL 1;
THENCE DEPARTING SAID CENTERLINE OF MADISON STREET AND ALONG SAID WESTERLY PROLONGATION NORTH 89°45’50” EAST, A DISTANCE OF 33.00 FEET TO
A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID MADISON STREET, ALSO BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL 1 AND THE TRUE POINT OF BEGINNING (TPOB);
THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 89°45’50” EAST, A DISTANCE OF 4.30 FEET;
THENCE NORTH 00°58’04” EAST, A DISTANCE OF 224.56 FEET; THENCE NORTH 00°40’16” EAST, A DISTANCE OF 160.09 FEET; THENCE NORTH 00°28’21” WEST, A DISTANCE OF 30.53 FEET;
THENCE NORTH 00°45’55” EAST, A DISTANCE OF 75.31 FEET;
THENCE NORTH 00°29’58” WEST, A DISTANCE OF 184.56 FEET; THENCE NORTH 45°37’05” EAST, A DISTANCE OF 29.86 FEET;
THENCE NORTH 89°41’31” EAST, A DISTANCE OF 6.38 FEET;
THENCE NORTH 00°19’32” WEST, A DISTANCE OF 4.15 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 111;
THENCE ALONG SAID NORTHERLY LINE OF SAID PARCEL 1 SOUTH 89°45’52” WEST, A DISTANCE OF 12.77 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 30.00 FEET;
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THENCE ALONG THE ARC OF SAID CURVE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 90°15’50”, AN ARC DISTANCE OF 47.26 FEET TO THE END OF SAID CURVE ON THE WESTERLY LINE OF SAID PARCEL 1 ALSO BEING THE EASTERLY RIGHT OF WAY OF SAID MADISON STREET;
THENCE ALONG SAID WESTERLY LINE SOUTH 00°29’58” EAST, A DISTANCE OF 669.79 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.189 ACRES OR 8,244 SQUARE FEET, MORE OR LESS.
ALL FOUND MONUMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
THIS REAL PROPERTY DESCRIPTION AND ACCOMPANIED EXHIBIT “B” HAS BEEN
PREPARED AT MARK THOMAS, BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
PREPARED UNDER MY SUPERVISION:
02-11-22
STEVE A. HEISE, P.L.S.
P.L.S. 8788, EXP. 12-31-22
DATE
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Form of Grant Deed
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Clerk
[SPACE ABOVE FOR RECORDER’S USE ONLY]
[X] Portions of APN 616-130-034
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
This Grant Deed is exempt from Recording Fees pursuant to California Government Code Section 27383 and California Government Code Section 6103.
Documentary Transfer Tax is $0 (exempt; conveyance to a public entity).
GRANT DEED
FOR VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, MURPHY 230 LAND COMPANY, a General Partnership, hereby grants in fee to the CITY OF INDIO, a California municipal corporation, that certain approximate 8,244 square foot portion of the real property located in the City of Indio, County of Riverside, State of California, more particularly described in EXHIBIT “A” and depicted on EXHIBIT “B” attached hereto and all improvements and fixtures thereon and all rights of Grantor in and to adjacent streets, rights of way, and easements appurtenant thereto for public street and utility purposes.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below.
Dated: , 2022
GRANTOR:
MURPHY 230 LAND COMPANY, A
GENERAL PARTNERSHIP
By: _____________________________
Print Name: ______________________
Title: ____________________________
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STATE OF CALIFORNIA
COUNTY OF ________________
On ________________ ____, 2022, before me,____________________________, Notary Public, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ______________________
(affix seal in above space)
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CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(California Government Code Section 27281)
This is to certify that the attached Grant Deed, which conveys in fee to the City of Indio, a municipal corporation, that certain approximate 8,244 square foot portion of the real property identified as Riverside County Tax Assessor’s Parcel 616-130-034, more particularly described in EXHIBIT “A” and depicted on EXHIBIT “B” to said Grant Deed, and all improvements and fixtures thereon and all rights of Grantor in and to adjacent streets, rights of way, and easements appurtenant thereto for public street and utility purposes, is hereby accepted by the undersigned officer on behalf of the City of Indio pursuant to the authority conferred by Resolution No. 1028 of the City Council of the City of Indio adopted August 6, 1958, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: _______________, 2022
_________________________________
_________________________________
Bryan Montgomery, City Manager
Attest:
_______________________________
_________________, _____________
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EXHIBIT “D”
Code of Civil Procedure Section 1245.245
1245.245.
(a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant to this article shall only be used for the public use stated in the resolution unless the governing body of the public entity adopts a resolution authorizing a different use of the property by a vote of at least two-thirds of all members of the governing body of the public entity, or a greater vote as required by statute, charter, or ordinance. The resolution shall contain all of the following:
(1) A general statement of the new public use that is proposed for the property and a reference to the statute that would have authorized the public entity to acquire the property by eminent domain for that use.
(2) A description of the general location and extent of the property proposed to be used for the new use, with sufficient detail for reasonable identification. (3) A declaration that the governing body has found and determined each of the following:
(A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury.
(C) The property described in the resolution is necessary for the proposed use. (b Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity pursuant to this article, and is not used for the public use stated in the resolution of necessity within 10 years of the adoption of the resolution of necessity, shall be sold in accordance with the terms of subdivisions (f) and (g), unless the governing body adopts a resolution according to the terms of subdivision (a) or a resolution according to the terms of this subdivision reauthorizing the existing stated public use of the property by a vote of at least twothirds of all members of the governing body of the public entity or a greater vote as required by statute, charter, or ordinance. A reauthorization resolution under this subdivision shall contain all of the following:
(1) A general statement of the public use that is proposed to be reauthorized for the property and a reference to the statute that authorized the public entity to acquire the property by eminent domain for that use.
(2) A description of the general location and extent of the property proposed to be used for the public use, but not yet in use for the public use, with sufficient detail for reasonable identification.
(3) A declaration that the governing body has found and determined each of the following:
(A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury.
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(C) The property described in the resolution is necessary for the proposed use. (c) In addition to any notice required by law, the notice required for a new or reauthorization resolution sought pursuant to subdivision (a) or (b) shall comply with Section 1245.235 and shall be sent to each person who was given notice required by Section 1245.235 in connection with the original acquisition of the property by the public entity. (d) Judicial review of an action pursuant to subdivision (a) or (b) may be obtained by a person who had an interest in the property described in the resolution at the time that the property was acquired by the public entity, and shall be governed by Section 1085. (e) The following property acquisitions are subject to the requirements of this section:
(1) Any acquisition by a public entity pursuant to eminent domain. (2) Any acquisition by a public entity following adoption of a resolution of necessity pursuant to this article for the property.
(3) Any acquisition by a public entity prior to the adoption of a resolution of necessity pursuant to this article for the property, but subsequent to a written notice that the public entity may take the property by eminent domain.
(f) If the public entity fails to adopt either a new resolution pursuant to subdivision (a) or a reauthorization resolution pursuant to subdivision (b), as required by this section, and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of the public entity’s failure to adopt a resolution pursuant to subdivision (a) or (b), the public entity shall offer the person or persons from whom the property was acquired the right of first refusal to purchase the property pursuant to this section, as follows:
(1) At the present market value, as determined by independent licensed appraisers. (2) For property that was a single-family residence at the time of acquisition, at an affordable price, which price shall not be greater than the price paid by the agency for the original acquisition, adjusted for inflation, and shall not be greater than fair market value, if the following requirements are met:
(A) The person or persons from whom the property was acquired certify their income to the public entity as persons or families of low or moderate income. (B) If the single-family residence is offered at a price that is less than fair market value, the public entity may verify the certifications of income in accordance with procedures used for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency.
(C) If the single-family residence is offered at a price that is less than fair market value, the public entity shall impose terms, conditions, and restrictions to ensure that the residence will either:
(i) Remain owner-occupied by the person or persons from whom the property was acquired for at least five years.
(ii) Remain available to persons or families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the
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area median income for the longest feasible time, but for not less than 55 years for rental units and 45 years for home ownership units.
(D) The Department of Housing and Community Development shall provide to the public entity recommendations of standards and criteria for those prices, terms, conditions, and restrictions.
(g) If after a diligent effort the public entity is unable to locate the person from whom the property was acquired, if the person from whom the property was acquired does not choose to purchase the property as provided in subdivision (f), or if the public entity fails to adopt a resolution as required pursuant to subdivision (a) or (b) but is not required to offer a right of first refusal pursuant to subdivision (f), the public entity shall sell the property as surplus property pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.
(h) If residential property acquired by a public entity by any means set forth in subdivision (e) is sold as surplus property pursuant to subdivision (g), and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of its sale as surplus property, the public entity shall pay to the person or persons from whom the public entity acquired the property the sum of any financial gain between the original acquisition price, adjusted for inflation, and the final sale price.
(i) Upon completion of any acquisition described in subdivision (e) or upon the adoption of a resolution of necessity pursuant to this section, whichever is later, the public entity shall give written notice to the person or persons from whom the property was acquired as described in subdivision (e) stating that the notice, right of first refusal, and return of financial gain rights discussed in this section may accrue.
(j) At least 60 days before selling the property pursuant to subdivision (g), the public entity shall make a diligent effort to locate the person from whom the property was acquired. At any time before the proposed sale, the person from whom the property was acquired may exercise the rights provided by this section. As used in this section, “diligent effort” means that the public entity has done all of the following:
(1) Mailed the notice of the proposed sale by certified mail, return receipt requested, to the last known address of the person from whom the property was acquired. (2) Mailed the notice of the proposed sale by certified mail, return receipt requested, to each person with the same name as the person from whom the property was acquired at any other address on the last equalized assessment roll.
(3 Published the notice of the proposed sale pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the city or county in which the property is located.
(4) Posted the notice of the proposed sale in at least three public places within the city or county in which the property is located.
(5) Posted the notice of the proposed sale on the property proposed to be sold.
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(k) For purposes of this section, “adjusted for inflation” means the original acquisition price increased to reflect the proportional increase in the Consumer Price Index for all items for the State of California, as determined by the United States Bureau of Labor Statistics, for the period from the date of acquisition to the date the property is offered for sale. (Amended by Stats. 2007, Ch. 130, Sec. 36. Effective January 1, 2008.)
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City Council
September 21, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10327 approving the renaming of Avenue 51 to Haagen Way, between Madison Street and Monroe Street
RECOMMENDATION:
Adopt Resolution No. 10327 approving the renaming of Avenue 51 to Haagen Way, between Madison Street and Monroe Street.
SUMMARY:
A member of the Haagen family, Alex Haagen IV, submitted a request to rename the available public right-of-way on Avenue 51, between Madison Street and Monroe Street, to Haagen Way. The Haagen family is directly responsible for the significant contributions to the community resulting from being the property owners of the venue site that hosts world-renowned music and art festivals in the City of Indio, such as the Coachella Valley Music and Arts Festival and Stagecoach Festival, which attracts more than 100,000 concertgoers over three weekends every spring. In addition to hosting the music festivals, they also operate world-class polo leagues during the winter season, attracting players from around the world, and year round hosts corporate meetings and private gatherings. The significant financial benefits resulting from these events not only support the City of Indio, but also the rest of the Coachella Valley cities.
BACKGROUND INFORMATION:
Section 34091.1 of the Government Code authorizes the legislative body of a city to change the name of an existing city street by adoption of a resolution. The City Council adopted Policy 71-1-C entitled “Assigning Names to Streets within the City of Indio” (Street Naming Policy), which sets forth the procedures for renaming streets. The Street Naming Policy requires, among other things, that the city provide notice of the street name change and the effective date to all property owners, to all utility companies, the post office, and the Board of Supervisors of the County of Riverside.
The Avenue 51 public right-of-way does not connect Madison Street to Monroe Street due to missing links. Per available records, the majority of the available right-of-way is on the easterly half of this segment, which connects to Monroe Street (Attachment 2). Avenue 51 is a critical access point to the venue site of the Coachella Valley Music and Arts Festival as well as the Stagecoach Festival, among other significant events that are hosted throughout the year. The request to rename Avenue 51 will only apply to any available public right-of-way and not private road easements. Additionally, Empire Polo Club and Golden Voice own the majority of the properties affected by the street name change, and both parties are in support of this item. The other property owners with properties adjacent to Avenue 51 have also expressed support for the renaming of the street.
AGENDA ITEM #9.8
Resolution No. 10327 approving the renaming of Avenue 51 to Haagen Way, ... Page 135 of 1610 The proposed Haagen Way street name was reviewed and approved by the Indio Police and Fire Departments. Their review was to ensure that no conflicts exist with existing street names, which may affect emergency response. The street name change from Avenue 51 to Haagen Way will honor the family name that is behind the ownership of the world renowned venue site. The effective date of the street name change will be November 21, 2022.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
600.00 In current year budget: Yes
Current FY General
Fund Impact:
600.00 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
1013141-531051
Additional Financial Details:
The cost associated with this action is approximately $600, which is the cost to place new street name signs.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Attachment 2 - Resolution No. 10327
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 07 Sep 2022 City Attorney, City Attorney Approved - 07 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 09 Sep 2022 Bryan H. Montgomery, City Manager Approved - 09 Sep 2022
Resolution No. 10327 approving the renaming of Avenue 51 to Haagen Way, ... Page 136 of 1610 ATTACHMENT 1
VICINITY MAP
Monroe St
Madison St
I
ATTACHMENT 1
AVENUE 51
1 ATTACHMENT 2
RESOLUTION NO. 10327
Resolution No. 10327 approving the renaming of Avenue 51 to Haagen Way, ... Page 139 of 1610 2 RESOLUTION NO. 10327
A RESOLUTION OF THE CITY OF INDIO RENAMING
AVENUE 51 BETWEEN MADISON STREET AND MONROE
STREET
WHEREAS, Section 34091.1 of the Government Code authorizes the legislative body of a city to change the name of an existing city street by adoption of a resolution; WHEREAS, the City Council of the City of Indio (“City Council”) adopted City Council Policy 71-1-C entitled “Assigning Names to Streets Within the City of Indio” (“Street Naming Policy”), which sets forth the procedure for renaming streets within the City of Indio (“City”); and
WHEREAS, whenever a proposal to change the name of an existing street is submitted to the City, the City Council shall approve the street name change;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City received a proposal to rename Avenue 51 between Madison Street and Monroe Street to Haagen Way from Alex Haagen IV.
Section 2. The City Council hereby changes the name of Avenue 51 between Madison Street and Monroe Street to Haagen Way effective November 21, 2022.
Section 3. The City Engineer or his designee shall provide notice of the name change as well as its effective date to the parties listed in the Street Naming Policy.
Section 4. The City Clerk shall forward a copy of this Resolution to the Board of Supervisors of the County of Riverside as required by Government Code Section 34092.
Section 5. The City Clerk shall certify to the passage, approval and adoption of this Resolution.
Resolution No. 10327 approving the renaming of Avenue 51 to Haagen Way, ... Page 140 of 1610 3 PASSED, APPROVED and ADOPTED this 21st of September, 2022 by the following vote:
WAYMOND FERMON, MAYOR
ATTEST:
CYNTHIA HERNANDEZ, CMC
CITY CLERK
APPROVED AS TO FORM:
STEVEN GRAHAM, CITY ATTORNEY
Resolution No. 10327 approving the renaming of Avenue 51 to Haagen Way, ... Page 141 of 1610 City of Indio
City Council
September 21, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Professional Services Agreement in a time and materials not to exceed amount of $147,400 with HdL Companies for the provision of licensing assistance services for Cannabis Storefront Retail Business Permits RECOMMENDATION:
Approve Professional Services Agreement in a time and materials not to exceed amount of $147,400 with HdL Companies for the provision of licensing assistance services for Cannabis Storefront Retail Business Program Permits and authorize the Finance Department to make the necessary budget adjustments as reflected in the Financial Summary Section of the report SUMMARY:
HdL Companies has been assisting the City under a separate agreement approved by the City Manager and within his signing authority with the development of its regulations, procedures and guidelines for the City's Cannabis Storefront Retail Business Program Permits. The authorization of this Professional Services Agreement will allow the City to continue to utilize the professional expertise and experience of the HdL Companies in the licensing implementation of Cannabis Storefront Retail Business Program Permits
BACKGROUND INFORMATION:
On June 27, 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California.
On December 6, 2017, the City Council adopted Ordinance No. 1726 establishing Sections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City.
On May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis NonStorefront Retailer Businesses in commercial land use districts except for the neighborhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as neighborhood commercial; amending the subchapter entitled Cannabis Activity (159.565 et. seq.); and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA guidelines section 15061(b)(3). Also, on May 18, 2022, the City Council adopted Ordinance No. 1780 adding a new Chapter 123 entitled cannabis business activities to Title XI, Business Regulations, of the Indio Municipal Code to regulate commercial cannabis uses in the city.
AGENDA ITEM #9.9
Professional Services Agreement in a time and materials not to exceed am... Page 142 of 1610 On July 20, 2022, the City Council approved Resolution No. 10313 establishing the number of permitted Cannabis Storefront Retail Business Program Permits. Also, on July 20, 2022, the City Council adopted Resolution No. 10314 adopting the City of Indio's Cannabis Application Procedure Guidelines and Review Criteria.
On August 17, 2022, the City Council approved Resolution No. 10315 establishing the City's Cannabis Fee Schedule.
The City began accepting applications for Cannabis Storefront Retail Business Program Permits on September 1, 2022. The application window for these applications will closes on October 6, 2022. The approval of the Professional Services Agreement will authorize HdL Companies to provide the following services to the City: Application Process Development; Initial Screening and Application Reviews; Design and Conduct Applicant Interviews; Preparation of Final Report; Supplemental Background Checks' Pre-License Site Visits; Attendance or Presentation at Meetings (Optional); and Technical Assistance and Subject Matter Expertise.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$147,400 In current year budget: Yes
Current FY General
Fund Impact:
$147,400 Budget adjustment: Yes
Next FY Financial
Impact:
N/A Strategic Objective: Business & Job Growth
Source of funds: General Fund Contingency Fund-Org-Object Reference:
1011190-591003
Additional Financial Details:
Funding for this agreement will be sourced from contingency funds established as part of the adopted FY 22/23 budget. Following approval, the balance of funds remaining in the contingency account will total $356,600. The following budget adjustments move appropriations from the contingency account to the budget unit managing the contract.
Decrease appropriations:
1011190-591003 Approp. for Contingencies $147,400
Increase appropriations:
1012182-521064 Other Professional Services $147,400
ATTACHMENTS:
Attachment1_HdL Consultants_PSA_September 2022
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 12 Sep 2022
Professional Services Agreement in a time and materials not to exceed am... Page 143 of 1610 City Attorney, City Attorney Approved - 12 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 Sep 2022 Bryan H. Montgomery, City Manager Approved - 13 Sep 2022
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into on this day of , 2022 (“Effective Date"), by and between the CITY OF INDIO, a municipal corporation ("City") and HdL COMPANIES. ("Contractor").
_F_{EClTALS
A. City desires to obtain services that may be reasonably described as follows:
- Objective 1: Application Process Development;
- Objective 2: Initial Screening and Application Reviews; - Objective 3: Design and Conduct Applicant Interviews; - Objective 4: Preparation of Final Report;
- Objective 5: Supplemental Background Checks;
- Objective 6: Pre-License Site Visits;
- Objective 7: Attendance or Presentation at Meetings (Optional); - Objective 8: Technical Assistance and Subject Matter Expertise.
B. Contractor represents that it is qualified by virtue of experience, training, education and expertise to provide these services and is able to perform the Scope ofWork.
NOW, THEREFORE, in consideration ofthe mutual promises contained herein, the parties agree as follows:
Section 1. Contractor shall perform the Scope ofWork
described in Exhibit A in a manner satisfactory to City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same localit under similar conditions (“Scope or Work" or Services). y Section 2. Contractor shall commence its services under this Agreement upon receipt of a written notice to proceed from City in the manner described in ExhibitA. Contractor shall complete the services in conformance with the timeline set forth in ExhibitA
Section 3. Contractor shall commence its services under this Agreement upon receipt of a written notice to proceed from City in the manner described in Exhibi A. Contractor shall complete the services in conformance with the timeline set forth in Exhibit t A.
Section 4.
(a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement, a time and materials amount not to exceed $147,400 based on Contractor's 2022 Standard Fee Schedule attached as Exhibi Said Consideration shall constitute reimbursement of Contractor's fee for the services t as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, Contractors and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as 12183.0001/239262511 Rev
Professional Services Agreement in a time and materials not to exceed am... Page 145 of 1610 Docuslgn Envelope ID:GBCFO109-A172-4930-BCA7-
applicable). In no event shall the Contractor be paid more than $147,400 (which includes expenses and additional services (if any) during the term of this Agreement. (b) Unless expressly provided for in Exhibit B, Contractor shall not be entitled to reimbursement for any expenses. Any expenses incurred by Contractor which are not expressly authorized by this Agreement willnot be reimbursed by City. (c) City may request additional services under this Agreement. All such work, however, must be authorized inwritingbythe City's Director of Community Development prior to commencement. Contractor shall perform such services, and City shall pay for such additiona services in accordance with fee schedule set forth in ExhibitB, or as otherwise agreedl upon by the parties. Any work incurred by Contractor which is not expressly authorized by this Agreement willnot be reimbursed by City.
Section 5.
(a) City shall pay Contractor in accord with the schedule of compensation attached hereto, if any, and/or per monthly invoices submitted by Contractor in a form approved by City's Finance Director ("lnvoices"). City shall review, approve and pay such undisputed amounts on said Invoices within a reasonable time after City’s receipt of same. (b) Contractor shall make allrecords, invoices, time cards, cost control sheets and othe records maintained by Contractor in connection with this Agreement available during Contractor's r regular working hours to City for review and audit by City.
Section 6.
(a) Contractor is an independent contractor and not an employee of the City. Allwork or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision, and Contractor and all of Contractor's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including,without limitation, a City of lndio business license. Contractor will determine the means, methods, and details by which Contractor's personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
(b) Allof Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identi?cation number, or other informationidentifying such individualas an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review 12183.0001l2392625v 1 Rev.
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Docusign Envelope lD: 66CFU109-A172-4930-BCA7-CC4B3FFB87DC plans on file at City, pick up or deliver any work product related to Contractor's performance o any Services under this Agreement, or as may be necessary to inspect or visit City locationf andlor private property to perform such Services. City may make a computer available s to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. (c) Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits.income tax withholding, unemployment insurance, disability insurance, and workers‘ compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, bene?t or any incident of employment by City, including but not limitedto, eligibilit to enroll in, or reinstate to membership in, the California Public Employees RetirementySystem ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. (d) Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors i the role of City officials, from any and all liability, damages, claims, costs and expenses of anyn nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section. in addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemni?cation arising under this Section. This duty of indemni?cation is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
Section 7. lance and Indemni?cation.
(a) General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees‘ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees‘ Pension Reform Act of 2013, as amended, Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilizeany of its personnel in a manner that willcause City to be in violation of the applicable retirement laws and regulations. (b) Indemni?cation. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its elected officials, of?cers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from (i) any and all liability,damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 7; or (ii)in the event that Contractor or any employee, 12183.0001l2392625v 1
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Section 8. This Agreement shall not be assigned or delegated in whole or in part by Contractor withoutthe prior writtenapproval of City. Any attempt by Contractor to so assign or delegate this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. City's consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used inthis Section, "assignment" and “delegation” means any sale, gift, pledge. hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilitiesin or arising from this Agreement to any person or entity, whether by operation of law or othenrvise,and regardless of the legal form of the transaction in which the attempted transfer occurs.
Section 9.
(a) Contractor's responsible principals, Ajay Kolluri and Matthew Eaton, shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be Kevin Snyder, Director of Community Development, who shall administer the terms of the Agreement on behalf of City.
Section 10. Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Scope of Work under this Agreement. Al personnel engaged in the work shall be qualified to perform such Scope of Work. l Section 11. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 12. Contractor affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated withContractor. Furthermore, Contractor shall not accept any employment or representation during the term ofthis Agreement which is or may likel make Contractor "?nancially interested" (as provided in California Government Code §§1090 yand 87100) in any decision made by City on any matter in connection withwhich Contractor has been retained.
Section 13. lngggangg
(a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in fullforce and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with 4 121830001/2392625v.1
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(2) A policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage. with minimumlimitsof One MillionDollars($1,000,000) per occurrence combined single limit, covering any vehicle utilized by Contractor in performing the Scope of Work required by this Agreement.
(3) Workers‘ compensation insurance as required by the State ofCalifornia (4) El If this box is checked, Professional Liability Insurance (errors and omissions) with minimumlimitsofTwo MillionDollars($2.000,000) per claim and inthe aggregate.
Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by City. Further.Contractor agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) Contractor shall require each of its subcontractors (if any) to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The City's Risk Manager may. in writing, amend andior waive the insurance provisions set forth in paragraph (a) herein. In such case, the Contractor shall comply with the insurance provisions required by the City's Risk Manager. (d) The policy or polices required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A-;Vllin the latest edition of Best's Insurance Guide or by an insurer acceptable to the City's Risk Manager. (e) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or. if insurance is available at a reasonable cost. City may take out the necessary insurance and pay. at Contractor's expense, the premium thereon.
(f) At alltimes during the term of this Agreement. Contractor shall maintain on file wit the City Clerk a certi?cate or certi?cates of insurance on the form approved by the City's Risk h Manager, showing that the aforesaid policies are in effect in the required amounts. Contractor shall, prior to commencement ofwork under this Agreement. filewiththe City Clerk such certificate or certificates. The general liabilityinsurance and vehicle insurance shall contain an endorsement naming the City as an additional insured. Allof the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirt (30) days prior written notice to City. and specifically stating that the coverage contained iny the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (g) The insurance provided by Contractorshall be primary to any coverage available to City. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City. (h) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or selfinsured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment 5 12183 0001/2392625v.1 Rev.
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(i) Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage which meets all of the requirements of this Section 1.
Section 14.
(a) To the fullest extent permitted by law, Contractor shall, at itssole cost and expense, defend. hold harmless and indemnify City, its elected of?cials.of?cers, employees, designated volunteers, attorneys and those City agents serving as independent contractors in the role of City officials ("|ndemnitees") with respect to any and all claims, demands. damages, liabilities,losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims hereinafter). including but not limitedto Claims relating to death or injury to any person and" injury to any property. which arise out of. pertain to, or relate to acts or omissions of Contractor or any of its of?cers.employees. subcontractors.or agents in the performance ofthis Agreement. except for such loss or damage arising from the sole negligence or willfulmisconduct of the City, as determined by ?nal arbitration or court decision or by the agreement of the parties. Contractor shall defend lndemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice.and shall pay or reimburse all costs and expenses, including all attorneys‘ fees and experts‘ costs actually incurred in connection with such defense, in addition to paying and satisfying any judgment. award.or decree that may be rendered against City. In the event of any dispute between Contractor and City as to whether liability arises from the City's sole negligence or willfulmisconduct, Contractor shall be obligated to pay for City's defense untilsuch time as a ?nal judgment has been entered adjudicating the City as solely negligent or engaged in willfulmisconduct. All duties of Contractor under this section shall survive termination of this Agreement.
(b) Contractor's obligation to defend. hold harmless and indemnify City shall not extend to any losses. claims, liens.demands and causes of action: 1) arising directly or indirectly from the consumption or use of cannabis and/or cannabis containing products; 2) arising directly or indirectly from any civil.criminal prosecution, regulatory action or legal proceeding of any kind whatsoever involving the validity or legality of any ordinance allowing the sale of cannabis andlor cannabis containing products; 3) arising from or involving an interpretation of the meaning of any aspect of the City's ordinance allowing the sale of cannabis and/or cannabis containing products; and/or 4) arising directly or indirectlyfrom services rendered during Phase IIIand/or Phase IV of the application process, as set forth in Exhibit A, including the review of cannabis applications, interviews of cannabis businesses, and/or the issuance or non-issuance of cannabis business, except for such loss or damage arising from the sole negligence or willfulmisconduct of the Contractor, as determined by final arbitration or court decision or by the agreement of the parties. (c) Taxes and Workers Compensation. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers‘ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemni?cation arising under this subparagraph (b). 121810001/2392625v 1 Rev. 1/2020
Professional Services Agreement in a time and materials not to exceed am... Page 150 of 1610 Docusign Envelope ID: 66CF(]109-A172-4930-BCA7-CC483FFB87DC (d) Subcontractor Indemni?cation. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be full responsible and indemnify, hold harmless and defend the lndemnitees from and against any yand all Claims in law or equity, whether actual.alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their of?cers, agents, servants or employees (or any entity or individualthat Contractor's subcontractor shall bear the legal liabilitythereof) in the performance of this Agreement, including the lndemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willfu misconduct of the lndemnitees, as determined by court decision or by the agreement ofl the Parties.
(e) Workers‘ Compensation Acts not Limiting. Contractor's obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City. its officers, agents, employees and volunteers. (f) Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit wit City, of any insurance policy or certi?cate required pursuant to this Agreement. The hold harmless h and indemni?cation provisions in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the liabilities, claims, tax, assessment, penalty or interest asserted against City.
(g) Survival of Terms. The indemnification in this Section shall survive the expiration or termination of this Agreement.
Section 15.
(a) City shall have the right to terminate this Agreement for any reason orfor no reason upon fifteen calendar days’ written notice to Contractor. Contractor agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. in no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. Upon termination, Contractor shall provide to City any and all Documents, whether in draft or final form, prepared by Contractor as of the date of termination. Contractor may not terminate this Agreement except for City's nonpayment of an invoice within sixty (60) days of City's receipt thereof.
Section 16. City shall provide Contractor with all pertinent data, documents, and other requested information as is available for the proper performance of Contractor's Scope of Work.
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Section 17.
(a) All documents, preliminary drafts, communications and any and all other work products provided to the City either in hard copy or electronically shall be the property of the City.
Contractor and City both acknowledge that this does not include any software, programs, methodologies or systems used in the creation of such work products, nor does it include any drafts. notes or internal communications created by Contractor in the course of performing the Services that were not othenivise provided to the City in either hardcopy or electronic form.
Contractor and City further acknowledge that any documents, drafts, communications or other work products provided to the City may be considered public records subject to the California Public Records Act andlor may be discoverable through litigation. (b) Contractor shall be responsible for retaining all ?nal documents or other ?nal work products provided to the City for a period of no less than 5 years. Retention of any other documents, preliminary drafts, communications and any and all other work products provided to the City by the Contractor shall be the responsibility of the City. Contractor shall have no responsibility to retain any drafts, notes, communications, emails, or other writings created or received by Contractor in the course of performing the Services other than the final documents or other final work products provided to the City.
Section 18. City shall have the right to order, inwriting, changes in the scope of work or the services to be perfonned. Any changes in the scope of work requested by Contractor must be made in writing and approved by both parties.
Section 19. ug?gg, Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery ifdelivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Ifto City:
City Manager
100 Civic Center Mall
P.O. Drawer 1788
lndio, California 92201
Ifto Contractor:
HdL Companies
Attn: Ajay Kolluri
120 S. State College Blvd., Ste 200
Brea, CA 92821
Section 20. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 21. This.Agreement represents the entire integrated 8 12183.0001l2392625v.1 Rev.
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Countergartsmuthorig
Severability
Docusign Envelope |Di GSCFO109-A172-4930-BCA7-CC4B3FFBBTDC agreement between City and Contractor, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both City and Contractor.
Section 22. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 23. City shall not be obligated or liable
under this Agreement to any party other than Contractor.
Section 24. . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions ofthis Agreement shall prevail.
Section 25. . In connection with its performance under
this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, maritalstatus, ancestry or national origin.
Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
Section 26. .[Check ifApplicable]
[:1 Ifthis Agreement calls for services that, inwhole or in part, constitute “publicworks" as defined in the California LaborCode, then Contractor shall comply withthe provisions of Exhibit C.
Section 27. . The acceptance by
Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilitiesfor compensation to Contractor for anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liabilityof Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided andlor work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liabilityby City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents.
Section 28. . This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
Section 29. . invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any 9 12183.0001f2392625v. 1
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Name: Andrew Nickerson
Docusign Envelope ID:66CF0109-A172-4930-BCA7-CC4B3FFB87DC other person or entity, and the same shall remain in fullforce and effect.
INWITNESS WHEREOF, the parties hereto have executed the withinAgreement the day and year first above written.
CITYOF INDIOZ
Bryan H. Montgomery
City Manager
ATTEST:
CYNTHIAHERNANDEZ
City Clerk
APPROVED AS TO FORM:
STEVEN GRAHAM
City Attorney
HdL Companies:
Title: President
10 12163.0001I2392625v.1
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EXHIBITA
SCOPE OF WORK
11 121530001/2392625v 1
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lndio
HdL5’ mp ni
Docusign Envelope ID:66CF010Q-A172-4930-BCA7-CC4B3FFB87DC Cannabis Management Services
August 26, 2022
C0 ES
SUBMITTED BY CONTACT
HdLCompanies Ajay Kolluri
120 S. State College Blvd.,Ste 200 T: 714.879.5000
Brea, CA 92821 E: ako|[email protected]
hd|companies.com
Professional Services Agreement in a time and materials not to exceed am... Page 156 of 1610 Docuslgn Envelope ID:66CF0109-A172-4930—BCA7-CCAB3FFBB7DC Praposalfor CannabisManagement Services
forthe CityofIndia August 26, 2022
I. COVERLETTER.................. ..
II. PROPOSEDSCOPEOFSERVICES........................................ ....................... ............. .........
..
III. COST...................... ........... ..
IV. OPTIONALSERVICES............. 8
V. EXPERIENCEANDRESOURCES 9
VI. REFERENCES 1
6 HdI9Companies
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Docusign Envelope ID:66CF0109—A172-4930-BCA7-CC4B3FFB87DC Proposal for Cannabis Management Services
forthe CityofIndia August 26, 2022
August 26, 2022
Bryan Montgomery
City Manager
City of Indio
100 CivicCenter Mall
Indio,California 92201
Re: Proposal for Cannabis Monitoring and Compliance Services Dear Mr. Montgomery,
Thank you for the opportunity to submit this proposal for cannabis management services for the City of Indio. The enclosed scope of services provides a comprehensive program to assist the City with implementation of its commercial cannabis program, including ongoing application process development, conducting application reviews and applicant interviews.supplemental background checks, pre—licensesite visits, and additional hours of subject matter expertise to be used as needed by the City.
HdL is recognized as the industry leader in the development, implementation and enforcement of cannabis management programs for local governments in California. We have partnered wit over 175 California cities and counties on cannabis-related programs, including ordinance h development and review, community outreach and education, merit-based application and permitting processes, cost recovery studies, compliance inspections, ?nancial audits. ?scal analyses and law enforcement training.
Our cannabis team has unmatched expertise, with more than 65 years’ combined experience i the development, implementation and n enforcement of cannabis regulatory and tax programs.
Our team members have conducted over 18,000 cannabis compliance inspections and financia audits l in California, Colorado and Nevada, and have reviewed, scored and processed over 3,500 cannabis business applications in the last six years in California. HdL Companies is dedicated to supporting public agencies and has no private-sector clients in the cannabis industry.
We look forward to the opportunity to partner with the City of Indio in developing a strategy whic meets your program needs. Ifyou have any questions or require additional information, please h feel free to contact me by email at or Ajay Kolluri at
or by phone at 714.879.5000.
Sincerely,
if I
.jj 5-. ' -
.1.“ Andy Nickerson
President, HdLCompanies
I. COVER LETTER
HdL0Companies
Professional Services Agreement in a time and materials not to exceed am... Page 158 of 1610 Ob ECNVE12 AQEHCBHOI1 PTOCESSDEVQIOQHI
Obiectlve2: lnltlal Screening for Comgleteness and Aggllcation Reviews Docusign Envelope ID:66CF0109-A172-4930-BCA7—CC4B3FFBB7DC Propasalfor Cannabis Management Services
for the City ofIndia August 26, 2022
The City of India has long prohibited the establishment of commercial cannabis businesses, whether medicinal or adult use. In August of 2021, the City engaged the services of HdL Companies to provide outreach, education and subject matter expertise to guide public discussion of possible changes to this prohibition and to assist the Council with setting policy direction for staff.
Over the course of the past year, the India City Council has determined to lift the previous prohibition and allowcommercial cannabis businesses in the City. The City is now preparing to solicit applications for commercial cannabis businesses and has requested that HdL provide this proposal to assist with all phases of the application process including conducting application reviews and applicant interviews, supplemental background checks, pre—licensesite visits, and additional hours of subject matter expertise to be used as needed by the City. These requested services are all described in detail below.
ent
HdLshall provide the City with continued assistance with the design of the cannabis application process. The process shall be tailored to ensure that all applicants meet a quality assurance standard before moving fonrvard to a merit-based interview process for awarding a speci?ed number of permits. Through the interview process. all applicants willbe ranked according to their score The top-ranked applicants willbe recommended to move forward to the permitting process. consistent with the number of permits available.
The process shall include evaluation criteria consistent with state law to ensure that applicants have addressed all requirements before being allowed to move forward to the permitting process. HdL shall work with City staff to develop a process that ensures selection of the best quali?ed business applicants while following best practices strategies for successful implementation. As part of this service, HdLwilladvise the City on ongoing development and refinement of the application process, including website updates, FAQ responses, administrative support, PRA requests. design of the City Council ?nal selection process, and other general guidance.
HdL staff willconduct an initial screening of all applications for completeness based upon an objective checklist of required documentation. This initialscreening shall allow for some limited discretion in determining whether submitted documents are substantively complete but shall not otherwise consider the quality of the submissions.
Applications which have been deemed complete willmove fomrard for a full review, including scoring and merit-based ranking. Applicants must provide detailed informationon how they plan to meet the required criteria. An applicant's point score shall be based on their demonstrated ability to meet or exceed minimum requirements in each category. Scoring shall be in conformance with criteria to be established in consultation with the City, ll. PROPOSED SCOPE OF SERVICES
HdL‘-”’ Companies
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Ob ECNVE42 Pregarallon Of Flnal REEOIT
Ohiective5: Supglemental Background Che
DccuSign Envelope ID:66CF0109-A172-4930-BCA7-CC4B3FFB87DC Proposal forCannabis Management Services
for the City ofIndia August 26, 2022
Reviews shall include narrative comments that identify both strengths and weaknesses of each application as well as any de?ciencies or areas of concern. Reviews shall be adequately detailed to inform the subsequent interview process but shall not contain any recommendations for approval or denial, other than a numerical score.
Proposed actions described in the applications shall be considered binding conditions of any resulting permit. Failure to meet or comply with any such requirements after a permit has been granted may subject the applicant to penalties and/or revocation proceedings.
HdLwilldesign and conduct an interview panel for all applicants that receive passing scores in the application process described in Objective 2, above. The interview panel shall consist of three designated City staff selected in consultation between the City and HdL, and shall be assisted by a subject-matter expert from HdL serving as facilitator. HdL will design interview questions, panelist instructions, scoring rubrics, interview procedures and guidelines, and other materials as necessary to conduct the interviews.
Interviews shall be one hour long, with a half hour between to allow for reaction, discussion and note taking by the panel. interviews shall be scheduled for successive days, where possible, with 5 interviews per day. Any requested deviation from HdL's process as described shall be subject to consultation and may incur an additional cost.
HdL shall compile all scores from both the application review process and the applicant interviews and shall prepare a final report for the City, which shall informthe ?nal determination of which applicants shall be granted permits.
cks
HdL shall provide background checks of all owners, principals, managers and any other responsible persons associated with cannabis businesses. Our background checks supplement the State-required Live Scan ?ngerprint check. which will only disclose Department of Justice (DOJ) records regarding arrests or convictions. California's licensing agencies are only allowed to consider convictions for certain “red line" offenses such as serious or violent felonies, or certain felonies involving fraud, minors or drug trafficking, as automatic disquaiifiers before granting or denying a license.
Our supplemental background checks expand upon the Live Scan informationto identify other factors that local governments may wish to consider before granting discretionary business permits. These considerations may include other felony offenses, misdemeanor convictions, arrest records, civiljudgements, restraining orders, the terroristscreening database, the national sex offender registry, delinquent child support payments, bankruptcies, employment and credit records, and more. Our search includes up to 5 variations on the subject's name and willalert ifadditional aliases are found which might warrant further investigation.
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Our comprehensive background process checks the subject's name and social security number against over 200 milliondatabases nationwide, including all of the following‘; 7 yr. unlimited county courts and criminal records search Social Security, name and address comparison
o DMV search
- National Criminal Court report
- National Sex offender registry
- Federal criminal history
State Department of PublicSafety
State Department of Corrections
- Terror watch list
o Bankruptcy, lien and judgments
o Delinquent child support payments
Employment credit report
0 Financial summary
Personal informationcomparison
Address comparison
Employment comparison
Credit bureau report I credit history
Public records search
00000
Any felony convictions that would be automatic disquali?ers pursuant to B&P 26057 (Violent and Serious Felony Convictions) must be con?rmed through the LiveScan process. The degree to which other records may be used to inform the approval or renewal of a local business license or permit is subject to local ordinance requirements.
HdL offers separate rates for owners, principals or managers of cannabis businesses and for regular employees or line staff. We also offer a lower rate for annual renewals after the initia background check has been completed. Our l rates include an HdL-designed employee identi?cation badge with the city or county logo which meets all State regulatory requirements.
HdL provides an online portal for applicants to submit their application and authorization for background checks and all necessary documentation. Applicants provide their payment directly to HdL through the portal, so there is no cost to the City.
Background Checks Owner.principal Employee or
or manager line staff
Initialbackground check $300 $100
Annual renewal $100 $75
Reissue lost or stolen badge $10 $10
Prices valid as of the date of this proposal and subject to change without notice. 1 Renewalsand background checks for employees include a lesser level of investigation.
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Ob'ective 7: Attendance Suggorl or Presentations at Meetings ur Workshogs |0gtlonaI) Ob’ tive 8: Technical Assistance and Sub'ect Matter Expertise DoCuSign Envelope ID‘.66CF0109-A172—4930—BCA7-CC4B3FFB87DC Proposal for Cannabis Management Services
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HdLshall review the premises diagram and conduct a site visit of each cannabis business prior to issuance of a certi?cate of occupancy. Site visits shall complement the ?nal building inspection by verifying all interior and exterior physical site security requirements have been addressed in accordance with the application and all State and local requirements. Site visits shall examine all entrances and exits. limited access areas. locks and alarm systems, access controlprocedures. surveillance camera locations.safes and cash management procedures. signage. operational protocols and administrative privileges associated with the license type(s) being sought. and other requirements as necessary. The HdL inspector may be accompanied on the site inspection by the City's building inspector or representatives from the Police Department and Fire Department. if desired by the City.
The cost for this service includes an initial premises diagram review and report, coordination and arrangements with the business and other agencies, site visit.post-inspection report, all travel costs and any follow up. This cost assumes 10—daysadvance notice for scheduling and travel arrangements. A shorter lead time may incur additional travel charges.
HdL shall provide attendance or presentations at up to 2 public meetings or workshops to help inform development. implementation. andlor results of the cannabis business application process. Potential meetings are described below.
Participation in the Phase IVCity Council ?nal selection process.
Presentation to the City Council of the ?nal report from the application process, including scores and any recommendations.
The use and scheduling of these meetings would be determined in consultation with City staff.
HdLwillprovide up to 120 hours of general consulting to be utilized on an as-needed basis at the City's request. Such assistance may include technical assistance.subject matter expertise. education.development of website content. monitoring of changes to State laws and regulations. participation in conference calls.responding to staff inquires via phone and email reviewing staff reports to the City Council.assisting with responses to inquiries from applicants . or the public. or other issues yet to be determined as requested by the City.
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III. COST
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forthe City ofIndia August 26, 2022
This proposal does not include any additionalservices that are not speci?cally enumerated herein. The proposal assumes HdLwillnot be asked to review any supplemental information provided by applicants, and that HdL will not be a part of any enforcement action, appeal, arbitration, or civillitigation resulting from the ?ndings of an inspection and/or audit. Any such additional reports, documentation or assistance that may be required by the City would be in addition to the costs shown in the table below and shall be billed at HdL's hourly rate.
Prices are valid for 90 days from the date of this proposal to allow time for consideration and negotiating a service agreement. Once under contract, prices shall be honored for the firstfull year. with successive years subject to an annual increase based upon the Consumer Price Index for the Los Angeles-Long Beach-Anaheim region.
Scope of Service Objectives Estimated Cost‘
Objective 1: Application Process Development‘ Hourly Rate Objective 2: Initial Screening and Application Reviews 55,000 per application
Objective 3: Design and Conduct Applicant Interviews’ Hourly Rate Objective 4: Preparation of Final Report $2,000
Objective 5: Supplemental Background Checks No charge
Cost paid directly to HdLby applicant to City
Objective 6: Pre-License Site Visits $1,600
Objective 7: Attendance or Presentations at Meetings (Optional) $4,000 Assumes 2 meetings at $2,000 each
Objective 8: Technical Assistance and Subject Matter Expertise $30,000 Assumes 120 hours at $250/hour
TOTAL NOT TO EXCEED3 $147,400
(1) AllCitycosts may be fully recoverable from applicantsor permittees. (2) Objectives 1 8:3 willbe billed at hourly rate. Estimated cost is included as part of Objective 8. (3) Assumes a total of 20 applications willbe received by the City.
Conflicts of Interest and Non-Disclosure
HdLCompanies is dedicated to serving public agencies and has no private-sector clients in the cannabis industry. Allcannabis business information will be kept con?dential by HdL and will not be shared internally beyond those HdLemployees who are required to have access for purposes of conducting the work contemplated herein.or for administrative purposes as necessary.
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Hourly Rates for HdL Staff
The prices in this proposal are based on the hourly rates for HdLstaff as shown in the chart below. Any additional services requested by the client that are not specifically described in this proposal would be billed at the standard rate for the assigned staff person.
HdL Staff Person Title Hourly Rate
David McPherson Compliance Director $250
Matt Eaton Deputy Compliance Director $250
Ajay Kolluri Deputy Audit Director $250
Mark Lovelace Senior Policy Advisor $250
Elizabeth Eumurian Audit Supervisor $250
Odette Mikhail Auditor $195
Tao Lu Auditor $195
Valerie Carter Auditor $195
Pamela Davis Auditor $195
Eric Magana Auditor $195
Tonson Chieng Auditor $195
David Ross Senior Compliance Inspector $195
Michelle Shaw Compliance Inspector $195
Jeff Burris Compliance Inspector $195
KristiLervold Administrative Assistant $120
Allrates current as of the date of this proposal
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Founded in 1983, HdL is a consortium of three companies established to maximize local government revenues by providing audit, compliance, economic development, consulting services and software products. Its audit and consulting services include sales, use and transaction taxes, property taxes, transient occupancy taxes. and a Cannabis Management Program. The firm also provides a variety of enterprise software processing tools for business licensing, code enforcement, animal control, buildingpermits and trackinglbilling of false alarms. HdL's systematic and coordinated approach to revenue management and economic data analysis is currently being utilized by over 500 agencies in six states. The firm currently serves 49 counties, 311 cities and 132 transactions tax districts in California.
HdL's key staff has extensive experience serving local government and many have previously held positions in city management, finance, planning, economic development or revenue collection. HdL is a Corporate Partner of the League of California Cities and California State Association of Counties and works extensively with the County Auditor's Association of California, California Society of Municipal Finance Officers (CSMFO) and California Municipal Revenue and Tax Association (CMRTA) on anticipation and planning of programs to strengthen local government revenues.
This close understanding of local government needs coupled with extensive databases and advanced methodology provides for the most relevant, productive and responsive revenue recovery; forecasting; and economic services available.
Our team of professionals has over 65 years of direct experience establishing and implementing cannabis regulatory and taxation programs. including establishing land-use regulations, permit processes, staffing plans, and cost recovery fees; structuring cannabis business tax fees; regulatory compliance; ?nancial audits; and law enforcement training. Our team has conducted over 18.000 cannabis compliance inspections and investigations in California, Colorado and Nevada.
David McPherson, Compliance Director
David McPherson works with local agencies to prepare them to mitigate regulatory issues surrounding Proposition 64 and SB 94. Prior to joining HdL, David served 28 years in local government for the County of Orange and the cities of Newport Beach, San Jose and Oakland. David's experience as a law enforcement officer, compliance auditor, and tax administrator has provided hima wealth of experience that makes him uniquely quali?ed to manage HdL's Cannabis Management Program. While working for the City of Oakland, he became the ?rst Tax Administrator in the country to successfully tax, regulate and audit medical marijuana businesses. David has over 10 years of experience working withcannabis regulatory programs.
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David is one of the state's most recognized experts in cannabis regulatory policies, compliance implementation and tax policies. His unique knowledge in horticulture, processing and dispensary operations while working for the City of Oakland has made him one of the pioneers in creating a Cannabis Management Program. He uses his experience to assist local and state agencies in developing cannabis policies for regulation. compliance, auditing and economic development. He worked closely with the League of Cities on the development of the MedicalCannabis Regulation and Safety Act (MCRSA) and helped shape SB 94, the MedicinalAdult-Use Cannabis Regulation and Safety Act (MAUCRSA).
David provides technical support on cannabis-related matters to the League of Cities, the Police Chiefs Association, Rural County Representatives of California and the Californi State Association of Counties. a In addition, David is working collaboratively with the Department of Consumers Affairs, Department of Food 8. Agriculture, Department of Health Services and the California Department of Tax and Fee Administrationon the implementation of best practices for regulating the cannabis industry for local agencies.
David received his Bachelor's Degree in History from California State University, Fullerton and his Masters Degree in Public Administration from California State University, Long Beach. While at Long Beach, he was named "Future Urban Administratorof the Yeaf'.
Matt Eaton, Deputy Compliance Director
Matt Eaton is the Deputy Compliance Director at HdLand plays a criticalrole in implementing the Cannabis Compliance Program for local agencies. Prior to joining the ?rm, he was a progressive law enforcement professional with 30 years‘ experience conducting criminal/regulatory investigations. and corporatelindividual background investigations.
While working as a Supervisory investigator at the Colorado Department of Revenue in the Marijuana Enforcement Division (MED), Matt managed criminal investigators and civilia n staff in the Denver Metro and Longmont ?eld offices. During his six—yeartenure at the MED , he conducted approximately 10,000 criminal investigations and compliance reviews, including regulatory and ?nancial investigations. He is a subject matter expert on track and trace systems and understands the complexity of reviewing data to ensure businesses are in compliance with state and localregulations. Mattwas responsible for planning, developing and implementing report and ?eld inspection protocols for the agency. He also played an instrumental role in recommending changes to current regulations and identifyingessential language for new legislation inColorado. Mattis well known for his abilityto maintain working relationships with cannabis industry leaders and external stakeholders in resolving issues.
Matt received his Bachelor of Science Degree from Biola University and maintained Police Officer Service Training (POST) certi?cation for over 30 years in California and Colorado. He has also served as an adjunct instructor teaching law enforcement principle related to criminology, correctional processes, procedural law, interviews, interrogations and criminal evidence at AIMSCommunity College in Greeley, Colorado.
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Ajay Kolluri, Deputy Director of Policy and Audits
Ajay Kolluriis the Deputy Director of Audits and Operations for HdL's Cannabis Division.Ajay is responsible for overseeing the cannabis audit team and the daily operations of the division, which includes special projects such as community outreach, surveys, grant solicitation, revenue analysis, cost recovery fee studies, contracts, budgeting, and marketing. Ajay previously served as Program Manager for the Office of Cannabis Oversight (OCO) at City of Long Beach. Working within the City Manager's Office, Ajay was responsible for the licensing, regulation and enforcement of all commercial cannabis activity inthe City, withone of the largest legal cannabis markets in the state. During his tenure with the OCO, Ajay oversaw the issuance over 200 cannabis business licenses, generating over $10 millionin annual revenue for the City. Ajay has experience in all aspects of cannabis oversight, including public health and education, planning and zoning, building inspections, enforcement, social equity, fee development, economic analysis and revenue projections.
Prior to overseeing the OCO, Ajay worked in public ?nance, serving as Budget Analyst for the Department of Financial Management in the City of Long Beach. Ajay holds a Bachelors degree in business economics from the University of California, Santa Barbara, and a Master's degree in public policy from the University of Michigan.
Mark Lovelace, Senior Policy Advisor
Mark Lovelace has 16 years of broad experience in public policy, community engagement and advocacy and is recognized as a leader in advancing the statewide discussion of medical and recreational cannabis as a policy issue in California.
Mark served on the Humboldt County Board of Supervisors from 2009 through 2016 where he was instrumental in developing a comprehensive approach to regulating cannabis, including a voter-approved tax on commercial cultivation and an innovative track and trace pilot program. Mark established and co-chaired the Medical Marijuana Working Group for the California State Association of Counties (CSAC) and helped draft CSAC’s legislative platform for cannabis issues. Mark pioneered the first regional summit on cannabis issues in 2015 which helped guide the development of SB 643 and AB 243, two components of the Medical Cannabis Regulation and Safety Act (MCRSA).
Mark has worked extensively with public agencies and statewide associations on cannabis issues, including CSAC, Rural County Representatives of California, the Association of California Water Agencies, the NorthCoast Resource Partnership, California Department of Fish and Vl’i|dlife,the State Water Board, the NorthCoast Regional Water Board, the Bureau of Cannabis Control, State legislators, and others. He has led numerous presentations, workshops and panel discussions on cannabis issues and has been a sought-after speaker on the topic for government agencies, community organizations and industry groups.
Mark received his Bachelor of Science degree in Industrial Design from San Jose State University. Prior to his time on the Board, he worked for many years as a respected advocate on land use, planning, development and environmental issues.
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David Ross, Senior Compliance Inspector
David Ross is a Certi?ed Fraud Examiner with 7 years of experience conducting gaming and non-gaming audits and investigations of tribal gaming facilities. David's experience includes conducting forensic accounting investigations into cash larceny, expense reimbursement fraud, check fraud.credit card fraud, payroll fraud, wire fraud, insider trading, construction fraud in addition to litigation support.
David previously worked as Surveillance Of?cer and Internal Auditorfor the Shingle Springs Tribal Gaming Commission.where he was responsible for analyzing ?nancial statements for a facility with revenues exceeding $20 million per month. David also analyzed internal controls and established policies and procedures to ensure compliance with federal, state and local regulations. In addition, David conducted surveillance reviews and investigations into criminalactivity including check and credit card fraud, skimming, money laundering, drug activity and other violations.
David holds a Bachelor's Degree in Business Administration from Vanguard University in Costa Mesa and a Master's Degree in Finance from California State University San Bernardino. He is a member of the Association of Certi?ed Fraud Examiners.
Michelle Shaw, Compliance Inspector
Michelle conducts onsite inspections, examinations and other actions to monitor compliance with established standards for local licensed cannabis businesses. Prior to joining HdL,she was a Compliance Specialist Of?cer at a large, multinational bank where she managed, validated and oversaw the effectiveness and accuracy of numerous compliance issues withi the consumer retail space. Throughout her eight years of n experience at the bank, she performed assessments of af?liate businesses to determine compliancelnon-compliance of their processes and procedures pursuant to bank standards and state regulations.
A graduate of Cypress College, Michelle holds a Foundations of Banking Risk certi?cate from the Global Association of Risk Professionals and a paralegal certi?cate from the Southern California College of Business and Law.
Jeff Burris, Background Investigator! Compliance Inspector Jeff Burris has over 28 years‘ experience as a Law Enforcement Professional. Jeff began his career with the Orange County Sheriffs Of?ce before moving to the Ontario Police Department, where he advanced to Corporal, Police Detective and Sergeant before retiring as a Lieutenant.
Jeff worked various investigative assignments during his career, including both criminal and non-criminal investigations. While working as a Police Detective Jeff conducted personnel background investigations for sworn, non-sworn, administrative, and con?dential employees.
These investigations included criminal checks, credit checks, prior employment veri?cation, personal reference veri?cation, driving records, pre-polygraph questioning, neighborhood canvassing, and oral interviews. His assignments also included annual State audits for regulatory compliance.
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Jeff received his Bachelor of Science degree in Occupational Management from the CaliforniaState University in Long Beach. Jeff has completed numerous specialized training courses in investigative techniques, including a course in background investigations by the CaliforniaCommission on Peace Officer Standards and Training (CA POST), and is a former member of the California Background Investigators Association (CBIA).
Teresa Schneider, Compliance Inspector
Teresa Schneider conducts reulatory compliance inspections for HdL.Teresa served for 28 years with the Montclair Police Department, including 12 years in the Background Investigations Unit. in this capacity, Teresa was responsible for conducting background investigations of all City business license applicants, as well as all sworn and nonpositions within the police and ?re departments and of civilians requesting accesssworn to police department records.
Theresa previously served 4 years in the U.S. Army's nursing program at Fort Campbell, Kentucky. During this time she attended college at the University of Kentucky and Austin Peay State University. After receiving an Honorable Discharge in 1990, Teresa was hired by the Montclair Police Department. During her 28-year career, she worked numerous assignments, including patrol. K9, detective bureau, court liaison, volunteer coordinator, and red-light automated enforcement. Teresa received many awards throughout her career, including Of?cer of the Year,
Elizabeth Eumurian, Audit Supervisor
Elizabeth Eumurian is the AuditSupervisor for HdL. Her primary role is to oversee and review the audits conducted by team members to assure accuracy and consistency. She also conducts ?nancial audits, evaluates cannabis applications and conducts background checks.
As part of the audit program, she will be conducting and preparing analytical informatio through the CATSW‘ program to prepare Tax Analytical Remittance Reportsn (TARR) summariesto evaluate under reporting or anomalies in the remittance oftax payments to loca jurisdictions. l
Elizabeth previously worked as a senior auditor in the entertainment industry. In this role.she executed testing procedures for targeted audit programs, analyzed ?ndings and prepared audit and compliance reports. She also has experience working for a large ?nancial institutio analyzing data for reporting anomalies and performing internal audits. Elizabeth hasn recently done work for Blythe, California City, Coachella, Cotati, Desert Hot Springs, Long Beach, MammothLakes, Moreno Valley, Perris, San Bernardino, and Vallejo.
Elizabeth earned her Bachelor of Arts degree in History from California State University and holds a certi?cate in CannaBusiness fromOaksterdam University.
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Pam Davis, Auditor
Pam Davis conducts revenue audits of licensed cannabis businesses as a member of HdL's Cannabis Management Team. Prior to joining HdL.Pam served as the Director for the Richland County (South Carolina) Business Service Center for over 15 years, where she was responsible for auditing businesses to ensure accurate reporting and remittance of a variety of local taxes. Pam also conducted research and rate impact analyses and developed policies, procedures and user manuals to ensure business and governmental compliance.
Pam received a Masters of Public Administrationdegree from the University of Georgia and a Bachelor's Degree in PoliticalScience from Clemson University. She also holds a certi?cate in CannaBusiness from Oaksterdam Universityas well as numerous other certi?cations, Odette Mikhail.Auditor
Odette Mikhail conducts cannabis revenue audits at HdL. Odette previously worked as a senior auditor at public accounting ?rms. In this role, she executed testing procedures fo r audit and review engagements, identi?ed accounting issues. reviewed internal controls, and prepared ?nancial reports and statements. Odette earned her Bachelor of Science degree i Accounting and Business Administrationfrom Ain Shams University n in Cairo, Egypt.
Tao Lu, Auditor
Tao Lu works as an Auditor for HdL's Cannabis Management Team. Tao has two and a half years’ experience as an accountant with an emphasis in information technology and food manufacturing industries. He also has public audit work experience at RSM China. Tao was born and raised in China. He earned a Bachelor's Degree in Accounting and Finance from Syracuse University in New York before relocating to Southern California with his family.
Valerie Carter, Auditor
Valerie Carter works as an AuditorforHdL's Cannabis Management Team. Valerie has over 5 years of public sector work experience focusing on public policy, auditing and revenue tax implementation. She was a Tax Auditor IIfor the City of Oakland's Revenue Management Bureau and an Assistant Management Analyst for the City of Berkeley's Transportation division. Valerie earned a Bachelor's Degree in Business Administrationfrom Cal Poly Pomona.with an emphasis on Finance, Real Estate, and Law.
Eric Magana, Auditor
Eric Magana works as an Auditor for HdL's Cannabis Management Team. conducting revenue audits of licensed cannabis businesses to ensure they are accurately reporting their revenues and remitting the proper amount of fees or taxes. Prior to joining HdL, Eric worked as a Loan Specialist for the U.S. Small Business Administration, where he processed over 5,000 business loans and grant applications. Eric holds a Bachelor's Degree in Economics and Administrative Studies from University of California at Riverside.
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Tonson Chieng, Auditor
Tonson Chieng is an Auditorfor HdL's Cannabis Management Team, conducting revenue audits of licensed cannabis businesses to ensure they are accurately reporting their revenues and remitting the proper amount of fees or taxes. Tonson previouslyworked as an accountant for Release Paint, a business services company in Claremont, California, where he was responsible for generating and reviewing ?nancial reports for in depth analysis along with other accounting and bookkeeping functions. Tonson also brings experience as a staff accountant for the CPA ?rm of MMB&Co.
Tonson received a Bachelor of Science degree in Accounting from California Polytechnic State University at Pomona in 2020.
Kristi Lervold, Administrative Assistant
Kristiis the AdministrativeAssistant for cannabis team. In this role she supports individua team members, coordinates l internal processes, and assists with client requests, contracts, billing reconciliation and invoicing. Kristi's 18-year career includes ten years as the administrative assistant to HdL's CFO, handling various operational responsibilities and supporting ?nancial functions, as well as experience in the occupational health industry, facilitating services for federal, state, and local government clients. Kristiholds a Bachelors of Science degree in Business Management with a minor in Business Administration.
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City of Perris
Kenneth Phung
Directorof Development Services
Phone: 951.943.5003 ext. 257
Email:
City of Port Hueneme
Tony Stewart
Directorof Community Development
Phone: 805.986.6520
Email:
City of Moreno Valley
Brian Mohan
Chief Financial Of?cer
Phone: 951.413.3000
Email:
City of Maywood
Jennifer Vasquez
City Manager
Phone: 323.562.5721
Email:
City of La Habra
Susan Kim
Director of Community Development
Phone: 562-383-4100
Email:
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EXHIBITB
CONSIDERATION
City shall compensate Contractor for the services described in this Agreement in an amount not to exceed $147,400 as further described in the attached Standard Schedule of Charges 121B3.0001l2392625v.1 Rev. 1/2020
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IV. OPTIONAL SERVICES
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Hourly Rates for HdL Staff
The prices in this proposal are based on the hourly rates for HdL staff as shown in the chart below. Any additionalservices requested by the client that are not specifically described in this proposal would be billedat the standard rate for the assigned staff person.
HdL Staff Person Tltle Hourly Rate
David McPherson Compliance Director $250
Matt Eaton Deputy Compliance Director $250
Ajay Kolluri Deputy AuditDirector $250
Mark Lovelace Senior Policy Advisor $250
Elizabeth Eumurian Audit Supervisor $250
Odette Mikhail Auditor $195
Tao Lu Auditor $195
Valerie Carter Auditor $195
Pamela Davis Auditor $195
Eric Magana Auditor $195
Tonson Chieng Auditor $195
David Ross Senior Compliance Inspector $195
MichelleShaw Compliance Inspector $195
Jeff Burris Compliance Inspector $195
KristiLervold Administrative Assistant $120
All rates current as of the date of this proposal
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EXHIBITC
TERMS FOR COMPLIANCE WITHCALIFORNIALABOR LAW REQUIREMENTS
1. This Agreement callsforservices that.inwhole or in part. constitute “public works"as defined in Division 2, Part 7. Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter and (b) the rules and regulations established by the Department of industrial Relations ("DIR" implementing such statutes. Therefore.as to those Services ) that are “public works".Contractor shall comply with and be bound by allthe terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusionof speci?c Labor Code provisions in certain contracts.
The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Contractor shall be registered withthe Department of IndustrialRelations in accordance wit California Labor Code Section 1725.5, and has provided proof of registration to City prior tohthe Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIRin effect throughout the duration of this Agreement Ifthe Contractor or any subcontractor ceases to be registered with DIRat any time during the duration of the project, Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DI regulations. R
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classi?cation, or type of worker needed to perform the Agreement are on file at City Hal and willbe made available to any interested party on request. Contractor acknowledges receiptl of a copy of the DIR determination of such prevailing rate of per diem wages. and Contractor shall post such rates at each job site covered by this Agreement.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payrollrecords and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the locatio of the records. n
8. Contractor shall comply withand be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California AdministrativeCode title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work 13 12183 0001/2392625v.1
Professional Services Agreement in a time and materials not to exceed am... Page 175 of 1610 Docusign Envelope ID:66CF01U9-A172-4930-BCA7-CC4B3FFBa7DC under this Agreement, Contractor shall provide City with a copy of the informationsubmitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of itssubcontractors shall submit to City a verifiedstatement ofthe journeyman and apprentice hours performed under this Agreement.
9. The Contractor shall not perform Work with any Subcontractor that has been debarred o suspended pursuant to California Labor Code Section 1777.1 or any other federal or state lar providing for the debarment of contractors from public works. The Contractor and subcontractors w shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors fro public works. Ifthe Contractor or any subcontractor becomes debarred or suspended during m the duration of the project, the Contractor shall immediately notify City.
10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1613 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours i any one calendar day and 40 hours in any one calendar week in violationofthe provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, n wor performed by employees of Contractor in excess of eight hours per day, and 40 hours duringkany one week shall be permitted upon public work upon compensation for all hours worked in excess o eight hours per day at not less than one and one-half times the basic rate of pay. f
11. California Labor Code Sections 1860 and 3700 provide that every employer willbe required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certi?es as follows:
'‘Iam aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liabilityfor workers‘ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
12. For every subcontractor who willperform work on the project, Contractor shall be responsible for such subcontractor‘s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors compliance, including without limitation, conducting a periodic review of the certi?ed payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials officers, employees, agents and independent contractors serving in the role of City o?icials, , and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees 14 121830001/2392625v.1
Professional Services Agreement in a time and materials not to exceed am... Page 176 of 1610 Docuslgn Envelope ID:66CF0109-A172-4930-BCA7-CC4B3FFB87DC and agents) in connectionwithany work undertaken or in connection withthe Agreement. including withoutlimitationthe payment of all consequential damages, attomeys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the A reement.
15 12183.0001I2392625v.1 Rev.
Professional Services Agreement in a time and materials not to exceed am... Page 177 of 1610 /T Q AC ORD
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© 1983-2015 ACORD CORPORATION. All rlghts nsarvad.
CERTIFICATE OF LIABILITYINSURANCE °'"i,;31":;f;
;f“** THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGA11VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED.the poIicy(ies) must have ADDITIONALINSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ?2',}‘,,E‘,‘°TMarsh Af?nily
INSURERISIAFFORDINGCOVERAGE NAIC#
INSURER A: AIU Insurance Company 19399
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
TYPEOFINSURANCE mm 5m POLICY NUMBER (?‘,3,',',',‘,‘,IY‘Y'§,'§,) (?‘,,’,','[',‘,‘,‘,'Y'§,’,‘,'{,) LIMITS COMMERCIAL GENERAL LIABILITY
AUTOMOBILELIABILITY
UMBRELLALIAB
EXCESSLIAB
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CERTIFICATE HOLDER CANCELLATION
City of India SHOULD ANY or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 100 Civic Center Mall THE EXPIRATION DATE THEREOF, NoTIcE WILL BE DELIVERED IN Indio_ CA 92201 ACCORDANCE wITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103)
The ACORD name and logo are registered marks of ACORD
PRODUCER Marsh Af?nity
a division of Marsh USA Inc 500-743-8130 PO BOX14404 ADPTotaISource@marsh com Des Moines, IA50309-9686
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS S.
INSR LTR
CLAIMS-MADE
PRODUCTS - COMPIOP AGG
DED WORKERSCOMPENSATION "" ANDEMPLOYERS‘ ANYPROPRIETOR/PARTNER LIABILIEYG CUTIVE OFFICERIMEMBER EXCLUDED? WC 053422880 CA I atory in NH) describe under DESCRIPTION OF OPERATIONS belnw 07/01/2022 07/01/2023
DESCRIPTIONOF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Allworksite employees working for HINDERLITERDE LLAMAS8. ASSOCIATES, paid under ADP TOTALSOURCE, |NC's payroll, are covered under the above stated policy WAIVER OF SUBROGATION INFAVOR OF City of India AS RESPECTS OF JOB PERFORMED BYHindeniter de Llamas & Associates.AS REQUIRED BYWRITTENCONTRACT INSURED ADP Totalsource DE IV, Inc 5500 Windward Parkway Alpharetta, GA 30005 L/C/F: Hindedilerde Llamas & Associates 120 S State College Blvd Suite 200 Elrea, CA 928210000 OCCUR
GEN'LAGGREGATE LIMITAPPLIES PER: poucv EEST Loc OTHER:
ANYAUTO OWNED SCHEDULED
AUTOS ONLY AUTOS HIRED NON-OWNED AUTOS ONLY AUTOS ONLY
OCCUR CLAIMS-MADE
RETENTION5
EACH OCCURRENCE
MEDEXP (Any one person)
PERSONAL 8. ADV INJURY
GENERALAGGREGATE
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Professional Services Agreement in a time and materials not to exceed am... Page 178 of 1610
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching c|ause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 07/01/2022 12:01 AM forms a part of Policy No. WC 053422880 CA Issued to
ADP TotalSource DE IV, Inc.
5800 Windward Parkway
Alpharetta, GA 30005
L/C/F:
Hinderliter de Llamas &Associates
120 S State College Blvd
Suite 200
Brea, CA 928210000
By AIU Insurance Company
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2% of the total estimated workers compensation premium for this policy.
ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVEYOUR RIGHTS OF
RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE
OCCURRENCE OF LOSS
WC 04 O3 61 Countersigned by
(Ed. 11/90) Authorized Representative
Professional Services Agreement in a time and materials not to exceed am... Page 179 of 1610 Deuvmenxd Teasuy unmunm... 'sJm
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- Taxpayer ldentl?catlon Number (TIN)
Employer idem number I _ Cerlrlicauon
Sign | 0/
Form
(Rev. October 2018)
ch
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here (optional)
Request for Taxpayer
denti?cation Number and certi?cation
Give Form to the
requester. Do not
send to the IRS.
D Go to www.irs.govlFormW9 for instructions and the latest information. On and Associates
2 name/disregarded entity name, if
following seven boxes.
D Individual/sole proprietor or D C CorP°'3“°"
single-member LLC
See SpeciInst onPage 3.
Other D
street. and apt. or suite no.) See instructions
state. and ZIP code
7 List account
Enter your TIN in the appropriate box. The TINprovided must match the name given on line 1 to avoid backup withholding. For individuals.tl'ns'rs generally your social security number (SSN). However.for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I.later For other | — entities, it is your employer identi?cation number (EIN).Ifyou do not have a number.see How to get a TIN.later. 2] S Corporation
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to certain entities. not individuals; see
instructions on page 3): D Partnership D Trust/estate
Exempt payee code ?fany) 5
D Limited liability company. Enter the tax classi?cation (C=C corporation. S=S corporation, P=Partnership) D Note: Check the appropriate box in the line above for the tax classi?cation of the single-member owner. Do not check Exemption from FATCAreporting LLC ifthe LLCis classi?ed as a single-member LLCthat is disregarded from the owner unless the owner of the LLC is another LLCthat is not disregarded from the owner for U.S. federal tax purposes Otherwise, a single-member LLC is disregarded from the owner should check the appropriate box for the tax classification of its owner. code (if any)
Requester’s name and address (optional)
of India
CivicCenter Mall
Social security number
IT
0!‘ Note: Ifthe account is in more than one name.see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Under penalties of perjury. I certify that:
33 0008507
1. The number shown on this form is my correct taxpayer identi?cation number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c)the IRS has noti?ed me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCAcode(s) entered on this form (ifany) indicating that I am exempt from FATCA reporting is correct. Certi?cation instructions. You must cross out item 2 above ifyou have been noti?ed by the IRSthat you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt.contributionsto an individualretirement arrangement (IRA).and generally, payments other than interest and dividends, you are not required to sign the certi?cation, but you must provide your correct TIN.See the instmctions for Part II,later.
Signature of Here U.S. person > General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions.such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to ?le an information return with the IRS must obtain your correct taxpayer identification number (TIN)which may be your social security number (SSN). individualtaxpayer identification number (ITIN).adoption taxpayer identi?cation number (ATIN).or employer identi?cation number (EIN).to report on an information return the amount paid to you. or other amount reportable on an information return. Examples of information returns include.but are not limited to, the following.
- Form 1099-INT (interest earned or paid)
Cat. No. 10231X
Dag . 9/12/2022
- Form 1099-DIV (dividends. including those from stocks or mutual funds)
- Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
0 Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
- Form 1099-S (proceeds from real estate transactions)
0 Form 1099-K (merchant card and third party network transactions) - Form 1098 (home mortgage interest). 1098-E (student loan interest). 1098-T (tuition)
0 Form 1099-C (canceled debt)
I Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien). to provide your correct TIN.
Ifyou do not return Form W-9 to the requester with a TIN,you might be subject to backup withholding. See What is backup withholding. later.
Form W-9 (Rev. 10-2013)
(Appliesto accounts maintained outside meU.S.
Part I
Par't
Professional Services Agreement in a time and materials not to exceed am... Page 180 of 1610 City of Indio
City Council
September 21, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Approval of Purchase and Sale Agreement with Chester A. Roaman (or his Successor/s) in the not to exceed amount of $75,000 for property located at the south/west corner of Arabia Street and Leroy Way (Assessor Parcel Number 611-075-021), and finding of conformity with the General Plan RECOMMENDATION:
1) Approve the Purchase and Sale Agreement with Chester A. Roaman (or his Successor/s) for the property located the south/west corner of Arabia Street and Leroy Way (Assessor Parcel Number 611- 075-021), and find the sale of the property is in conformance with the General Plan; 2) Authorize the City Manager to execute all documents necessary to complete the sale; and 3) Direct the Finance Department to make the necessary budget adjustments.
SUMMARY:
The subject property is comprised of one parcels (APN 611-075-021) consisting of vacant parcel of land located on the block that comprises the Miles Avenue Park annex area bounded by Arabia Street to the east, Miles Avenue to the south, Palm Street to the west and Leroy Way to the north (Attachment 1). The purchase price for the parcel is $70,000, plus 100% of the standard escrow closing costs and fees that are estimated to be approximately $3,500. However, staff is recommending an additional $5,000 for closing costs to cover any overages in this estimate. The purchase of this property will consolidate all parcels on the block to be City-owned and part of Miles Avenue Park.
BACKGROUND INFORMATION:
During preparation of this Staff Report, Mr. Chester Roaman (the current property owner/Seller) passed away. Staff is recommending that the Council move forward with the approval of the proposed Purchase and Sale Agreement (Attachment 2) in anticipation of a Successor (or Successors) being named or an Executor to the Estate of Mr. Roaman being appointed who may wish to proceed with the sale to the the City. It is Staff's intent to obtain City Council approval now in order for the City via the City Manager to execute the Agreement when legally possible to do so.
Prior to Mr. Roaman's passing on September 5, 2022, his attorney had informed City staff that Mr.
Roaman had agreed to sell the land for $70,000. The Seller had also agreed to a thirty (30) day City Due Diligence and Inspection Period during which time the City could inspect the property and decide whether to proceed with the purchase. This 30 day period would run concurrent to a 45-day escrow period. However, the Seller had requested that up to four (4) 30-day escrow period extension options be granted as may be needed for the Seller to undergo a 1031 Exchange that would allow the Seller to defer capital gains through subsequent purchase of land in accordance with the Internal Revenue AGENDA ITEM #9.10
Approval of Purchase and Sale Agreement with Chester A. Roaman (or his S... Page 181 of 1610 Service (IRS) regulations. This request is of no negative consequence or cost to the City and staff is therefore in support of the approval of the extension options, with the City Manager having the authority to execute such extension approvals. The proposed terms of the sale also included a provision that the property is being sold as-is. There would be a $10,000 total earnest money Deposit (comprising an initial $5,000 deposit by the City to be deposited into escrow 5 business days after opening escrow, and an additional $5,000 deposit at the end of City’s 30-day due diligence period).
The proposed Agreement incorporates these deal-terms. The Council's action will give the City Manager the authority to execute the Agreement and make non-substantive changes that would be necessary to open escrow and effectuate the purchase.
General Plan Conformity: The property is currently zoned Public (P) within the Indio Municipal Code characterized as providing a variety of public or quasi-public facilities which support the community and are operated by governmental agencies or non-profits. The City's new zoning regulations will zone the parcel as Parks and Open Space (OS) in conjunction with the City of Indio 2040 General Plan. The goal of Parks and Open Space being to provide public and private space for recreational use, including open space, and golf course greens. Goal LU-2.5 of the General Plan states that a development goal within the public realm is to “improve existing gathering spaces throughout the City to provide attractive, comfortable, and inviting public and pedestrian spaces, encouraging walking and public gathering spaces.” The purchase of this property would allow for the opportunity for the City to continue the improvement of Miles Avenue Park. The proposed use of the property is consistent with the General Plan and staff recommends that the City Council find that the use of the property is in conformance with the General Plan.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$75,000 In current year budget: Yes
Current FY General
Fund Impact:
$75,000 Budget adjustment: No
Next FY Financial
Impact:
N/A Strategic Objective: Community Infrastructure
Source of funds: General Fund Fund-Org-Object
Reference:
1011190-551003
Additional Financial Details:
$70,000 plus 100% of escrow closing costs and closing fees, excluding Seller’s attorney’s fees. It is estimated the total cost to the City will not exceed $75,000.
ATTACHMENTS:
Attachment 1--Property Location Map
Attachment 2--Purchase and Sale Agreement
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 12 Sep 2022
Approval of Purchase and Sale Agreement with Chester A. Roaman (or his S... Page 182 of 1610 City Attorney, City Attorney Approved - 12 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 Sep 2022 Bryan H. Montgomery, City Manager Approved - 13 Sep 2022
Approval of Purchase and Sale Agreement with Chester A. Roaman (or his S... Page 183 of 1610 Attachment 1
Property Location Map
(611-075-021)
N
= Subject Property
Approval of Purchase and Sale Agreement with Chester A. Roaman (or his S... Page 184 of 1610 DRAFT
-1-
12183-0039\2615146v1.doc
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW
INSTRUCTIONS (this “Agreement”) is dated as of , 2022 (“Effective Date”) and is entered into by and between the CITY OF INDIO, a municipal corporation (“Buyer”), and Chester A. Roaman, an individual, [or legal successor if applicable] (“Seller”).
Collectively, Buyer and Seller may be referred to as “Parties.” In consideration of the amount heretofore paid by Buyer to Seller, and the mutual covenants and terms hereinafter set forth, and other consideration, the sufficiency of which is hereby acknowledged, Buyer and Seller hereby agree as follows:
1. SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the real property in the City of Indio, County of Riverside, State of California, bearing APN 611-075-021, which is more particularly described on Exhibit “A” attached hereto, including all improvements thereon and all appurtenant rights and easements (the “Property”), for the price and upon all of the terms and conditions hereinafter set forth.
Buyer is acquiring the Property for the public purpose of expanding the existing Miles Avenue Park.
1.2 Purchase Price. The purchase price (“Purchase Price”) for the Property shall be Seventy Thousand and No/100 Dollars ($70,000.00).
2. TITLE.
2.1 General. Title to the Property shall be conveyed by grant deed and shall be evidenced by an owner’s title insurance policy (“Title Policy”), issued by Title Insurance Company, at , Suite , ,
California, , Attn: , (email: ; phone:
) (“Title Company” or, in its capacity as escrow agent hereunder, the “Escrow Holder”), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens (except liens for assessments not yet payable) but subject to all other matters of record.
2.2 Acts After Date of Agreement. During the period from the date of this Agreement through the Closing Date (defined in Section 4.5 below), Seller shall not improve or otherwise alter the Property, or record or file for record (or permit to be recorded or filed for record) any document or instrument which will affect the title to or use of the Property, without the prior written consent of the Buyer.
Approval of Purchase and Sale Agreement with Chester A. Roaman (or his S... Page 185 of 1610 -2-
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3. DOCUMENTS AND INSPECTIONS; RIGHT OF ENTRY (and BUYER’S DUE DILIGENCE PERIOD).
Within five (5) business days after the date of this Agreement, Seller shall deliver to Buyer copies of any and all material reports, documents, studies and agreements in Seller’s possession or control that relate in any way to the Property.
Within ten (10) business days after the date of this Agreement, Seller shall promptly obtain and deliver to Buyer a preliminary title report for the Property from the Title Company and shall deliver it to Buyer by email to [email protected] (with hyperlinks to all title exception documents described therein).
If Buyer is not satisfied with the title to the Property or the material documents delivered to Buyer, then Buyer may terminate this Agreement by written notice to Seller given within ten (10) business days after the title report and such documents are emailed to Buyer.
Buyer shall also have thirty (30) calendar days after the date of this Agreement (the Seller’s Due Diligence Period) to enter and inspect (or have its consultants enter and inspect) the condition of the Property and survey the Property. If any matter discovered by inspection or revealed by the survey (including any plotted title exception) is not acceptable to Buyer, then Buyer may terminate this Agreement by written notice to Seller given prior to the expiration of said 30 day period. Buyer shall defend, indemnify and hold Seller harmless from and against all claims, liabilities, damages, losses, costs and expenses incurred or suffered by Seller and arising from such entries or inspections (except Buyer shall not be responsible in any way for conditions discovered by Buyer or its consultants and not created by Buyer or its consultants).
4. ESCROW.
4.1 Escrow Instructions. This Agreement shall constitute escrow instructions.
The Parties shall execute such further instructions as Escrow Holder reasonably requires in order to clarify the duties and responsibilities of Escrow Holder. In the event of any conflict between the terms and conditions of this Agreement and such further escrow instructions, the terms and conditions of this Agreement shall control.
4.2 Opening of Escrow. Buyer and Seller shall open an escrow with the Escrow Holder within five (5) business days after the date of this Agreement by depositing a copy of this executed Agreement (or copies of executed counterparts of this Agreement) with Escrow Holder and requesting that an escrow be opened.
4.2.1 Five Thousand and No/100 Dollars ($5,000.00) earnest money deposit (the “Initial Deposit”) to be deposited by Buyer with the Escrow Holder via electronic wire transfer within five (5) business days after opening escrow. Said deposit will be nonrefundable to Buyer after the 30-day Due Diligence Period has expired and contingencies are met, except as to default by Seller.
4.2.2 Five Thousand and No/100 Dollars ($5,000.00) additional earnest money deposit (the “Additional Deposit”), which combined with the Initial Deposit are the
Approval of Purchase and Sale Agreement with Chester A. Roaman (or his S... Page 186 of 1610 -3-
12183-0039\2615146v1.doc
“Deposit,” shall be deposited by Buyer into escrow via electronic wire transfer no later than three (3) business days after and upon expiration of the Due Diligence Period and removal of all Contingencies. The total Ten Thousand and No/100 Dollars ($10,000.00) Deposit shall be part of the total purchase price and shall be non-refundable as a good-faith deposit of the Buyer’s performance of all terms and conditions of the Agreement, except as to default by Seller.
4.2.3 The remaining Purchase Price balance to be paid via wire transfer as required to close escrow.
4.2.4 Escrow Holder to provide wiring instructions to Seller at least three (3) days prior to the funds being required to be deposited with Escrow Holder and/or for closing.
4.3 1031 Exchange. Seller and Buyer shall cooperate with Buyer’s and/or Seller’s 1031 exchange as long as there is no cost or liability in doing so.
4.4 Continued Marketing by Seller. Seller may continue to market the Property until Buyer’s due diligence period has been waived and Buyer’s deposit becomes nonrefundable.
4.5 Close of Escrow. Provided all of Seller’s and Buyer’s obligations to be performed on or before Close of Escrow have been performed and all the conditions to the Close of Escrow set forth in this Agreement have been satisfied, escrow shall close on or before the date that is five (5) business days after the earlier of (i) the date on which Buyer notifies Seller in writing that Buyer has approved the title report and its inspections; or (ii) the end of the 30 calendar day inspection period (“Closing Date”); provided, however, that the foregoing shall not prohibit Buyer and Seller from closing earlier if they mutually so desire. All risk of loss or damage with respect to the Property shall pass from Seller to Buyer upon the Close of Escrow.
Possession of the Property shall be delivered to Buyer upon the close of escrow.
4.4.1 Extension of Close of Escrow. Seller shall have the right, and the City Manager of the Buyer the authority, to extend the closing of escrow up to four (4) times for thirty (30) calendar days each to extend Seller’s 1031 exchange period, with Seller informing the Escrow Holder and Buyer in writing of Seller’s intent to extend the escrow each time at least five (5) business days prior to the expiration of the Close of Escrow.
4.6 Buyer’s Deliveries. On or before the date that is at least one (1) business day prior to the Closing Date, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 The portion of the Purchase Price remaining unpaid after the Deposit has been deposited by the Buyer in accordance with this Agreement;
4.6.2 A Certificate of Acceptance for the Grant Deed (duly acknowledged); and
4.6.3 All other documents and funds contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to carry out this Agreement.
Approval of Purchase and Sale Agreement with Chester A. Roaman (or his S... Page 187 of 1610 -4-
12183-0039\2615146v1.doc
4.7 Seller’s Deliveries. Before the date that is at least one (1) business day prior to the Closing Date, Seller shall deposit into escrow the following (properly executed and acknowledged, if applicable):
4.7.1 A grant deed conveying the Property to Buyer (duly executed and acknowledged) in the form attached hereto as Exhibit “B”;
4.7.2 Executed Federal and State non-foreign affidavits with respect to Seller; and
4.7.3 Any other documents contemplated by this Agreement or required by Escrow Holder or the Title Company to be deposited by Seller to carry out the transaction described in this Agreement.
4.8 Conditions to the Close of Escrow. Buyer’s obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer’s benefit and may be waived only by Buyer:
(i) Seller shall have performed all agreements to be performed by Seller hereunder;
(ii) As of the Closing Date, there shall have been no adverse changes in the physical condition of, or title to, the Property; (iii) Title Company shall have issued or shall have committed to issue the Title Policy to Buyer, for the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer, subject only to the title exceptions in the preliminary report.
Escrow Holder, upon notice by Buyer of a failure of a condition shall promptly return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer in escrow and to return to Seller all documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less the amount of any charges required to be paid under Section 4.11 below).
4.9 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds and instruments described in this Section 4, Escrow Holder shall cause the Grant Deed (with Certificate of Acceptance attached) to be recorded in the office of the County Recorder of Riverside County, California; and shall deliver the proceeds of this escrow (less any appropriate charges) to Seller.
4.10 Prorations. All assessments shall be prorated between Buyer and Seller as of the close of escrow based on the latest available assessment information. Buyer is exempt from property taxes; consequently property taxes shall not be prorated. Seller shall pay all property taxes for the six month property tax period in which the closing occurs, and Buyer will cooperate with Seller after the closing, if requested by Seller (but at no cost to Buyer) to assist Seller in obtaining a refund of any property taxes overpaid by Seller that are allocable to the period after the closing.
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4.11 Costs. Buyer shall pay 100% of all escrow fees, customary closing costs, and all recording fees and documentary transfer taxes. Seller shall pay 100% of Seller’s Attorney’s fees, all title insurance premiums, and costs incurred by Seller.
4.12 No Broker’s Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged by it in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Each party shall indemnify, defend, protect and hold harmless the other, from and against all claims of any agent, broker, finder or other person or entity arising from or in connection with its communications or agreements with any such agent, broker, finder or similar person or entity in connection with the transaction described herein.
4.13 Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges.
5. ATTORNEYS’ FEES. In any action between Buyer and Seller seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys’ fees and reasonable fees of expert witnesses.
6. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and sent by first class United States or certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as Federal Express for overnight delivery, duly addressed to the parties as follows:
To Seller: _[enter name and mailing address]__________________ To Buyer: City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Manager
Delivery of any notice or other communication hereunder shall be deemed made on the date indicated in the return receipt or courier’s records as the date of delivery or as the date of first attempted delivery, if sent by mail or courier service. Any party may change its address for purposes of this Section by giving notice to the other party and to Escrow Holder as herein provided.
7. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned by either party without the prior written consent of the other party.
8. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns.
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9. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement.
10. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if there is a breach by Seller of any material provision of this Agreement, Buyer would not have any adequate remedy at law. It is expressly agreed, therefore, that Buyer’s rights hereunder may be enforced by an action for specific performance and such other equitable or legal relief as is provided under the laws of the State of California.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.
12. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
13. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement.
14. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or materially impedes the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer.
15. ADDITIONAL DOCUMENTS; FURTHER ASSURANCES. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further reasonable documents that may be reasonably necessary to carry out the provisions of this Agreement.
16. CITY MANAGER AUTHORITY. The City Manager of Buyer shall have the authority to give all consents and approvals and notices hereunder on behalf of Buyer, and may enter into non-substantial amendments of this Agreement, provided they are in writing.
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17. SELLER REPRESENTATIONS. Seller hereby represents that the persons executing this Agreement as or on behalf of Seller have the right, power and authority to so execute this Agreement and bind Seller to the terms hereof. Seller also represents and warrants that except as will be disclosed to Buyer under the first paragraph of Section 3 above, Seller has disclosed in writing to Buyer all material facts known to Seller about the Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
SELLER:
_____________________________________
By: [ enter Seller’s name here ]????
BUYER:
CITY OF INDIO
By:
Bryan H. Montgomery, City Manager
Attest:
By:
Sabdi Sanchez, City Clerk Administrator
Approved as to Form:
By:
[ Enter Attorney Firm and Name here]
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EXHIBIT "A"
LEGAL DESCRIPTION
APN: 611-075-021
Parcel 1 of Parcel Map 21177, in the City of Indio, County of Riverside, State of California, as per Map recorded in Book 132, Pages 62 and 63 of Parcel Map, in the Office of the County Recorder of said County
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EXHIBIT “B”
FORM OF GRANT DEED
(Attached.)
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Recording Requested By,
And When Recorded Mail to (and mail
Assessment Statements to):
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Clerk
APN: 611-075-021
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
This deed is exempt from Recording Fees (Govt. Code Section 27383).
Documentary Transfer Tax is $0.00; exempt transfer to a California public entity. Property is in the City of Indio, County of Riverside, California.
GRANT DEED
Chester A. Roaman ( “Grantor”), hereby GRANTS to the CITY OF INDIO, a municipal corporation, that certain real property in the City of Indio, County of Riverside, State of California, described on Exhibit “A”, attached hereto and all improvements thereon and rights and easements appurtenant thereto (the “Property”).
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date(s) reflected on the attached notary acknowledgements.
GRANTOR:
_______________________
Chester A. Roaman
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EXHIBIT "A" TO GRANT DEED
LEGAL DESCRIPTION
APN: 611-075-021
Parcel 1 of Parcel Map 21177, in the City of Indio, County of Riverside, State of California, as per Map recorded in Book 132, Pages 62 and 63 of Parcel Map, in the Office of the County Recorder of said County
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) 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.
Place Notary Seal Above
Signature of Notary Public
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) 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.
Place Notary Seal Above
Signature of Notary Public
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CERTIFICATE OF ACCEPTANCE
This is to certify that interests in real property conveyed by that certain Grant Deed dated , 2022, from Chester A. Roaman (or his successor/s) to the CITY OF INDIO, is hereby accepted by the undersigned officer on behalf of the City of Indio pursuant to the authority conferred by the City of Indio City Council at its meeting held on , 2022, and the grantee consents to recordation thereof by its duly authorized officer.
City of Indio
By:
Print Name: Bryan H. Montgomery
Title: City Manager
State of California )
County of Riverside )
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.
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City Council
September 21, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and adopting the City of Indio Unified Development Code as the signage and zoning regulations for the City of Indio and repealing the current citywide zoning map and adopting a new citywide zoning map RECOMMENDATION:
Adopt Ordinance 1782 repealing Chapter 150 (Billboards and Signs) and Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and adopting the City of Indio Unified Development Code as the signage and zoning regulations for the City of Indio and repealing the current citywide zoning map and adopting a new citywide zoning map, waive full reading of Ordinance No. 1782 and request the City Clerk to read the ordinance by title only.
SUMMARY:
Adoption of new signage and zoning text regulations and adoption of a new citywide zoning map.
BACKGROUND INFORMATION:
California Government Code Section 65860 specifies that county or city zoning ordinance shall be consistent with the general plan of the county or city by January 1, 1974 and that a zoning ordinance shall be consistent with a city or county general plan only if the city or county has officially adopted such a plan and the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan.
Table 12-2 (Land Use and Community Design Implementation Programs) of the adopted General Plan specifies the amendment of zoning related regulations as a high priority implementation task to be conducted within the first five (5) years of Plan adoption. As previously noted, this update effort began in 2020 and upon completion will fully implement the vision, intent, policies and goals of the Plan. The completion of this update effort will also resolve the current misalignment between the adopted General Plan 2040 and current signage and zoning regulations that were developed to be consistent with the expired General Plan 2020.
Chapter 150 (Billboards and Signs) and Chapter 159 (Zoning Regulations) of Title XV of the Indio Municipal Code comprise the City's current signage and zoning regulations. These Chapters were adopted in the mid-1990's and have largely stayed intact with limited substantive amendments. On September 18, 2019, the City Council adopted the City of Indio General Plan 2040. The Indio General Plan 2040 replaced the previously adopted General Plan 2020 and was a substantive update to the AGENDA ITEM #9.11
Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards a... Page 199 of 1610 City's long-term vision of future growth and development. State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city. Because Chapters 50 and 159 were substantively misaligned with the City's adopted Genera Plan, a significant update to both Chapters was required. Beginning in early 2020 and continuing to present, City staff and a consultant team have been developing new signage and zoning regulations that will be consistent with the adopted General Plan. These regulations are proposed to be incorporated into a Unified Development Code. This Code is intended to bring together various zoning regulations in a handbook format that will be clear, understandable, descriptive and will utilize visual graphics to more accurately display and guide the application of signage and zoning in the City.
The proposed Unified Development Code will replace current Chapters 150 and 159. The Code will be comprised of the following Articles:
Article 1: Table of Contents + Introduction
Article 2: Zone Regulations
Article 3: Citywide Regulations
Article 4: Regulations for Specific Uses
Article 6: Administration + Procedures
Article 7: Definitions
Please note that an additional article identified as Article 5 will address the City's Subdivision Regulations and Residential Condominium Conversions currently specified in Chapters 156 (Subdivision Regulations) and 163 (Residential Condominium Conversions). This Article will be presented at a future date for review and consideration by the Planning Commission and City Council.
In addition, the City's current zoning map (circa 2009) will be replaced in full with a new zoning map that will implement on a citywide basis the appropriate General Plan land use designations.
Signage and Zoning Text Amendments:
Finding (s):
Pursuant to Subsection 159.871 of the Indio Municipal Code, the zoning text amendments were initiated through the City Council’s prior adoption of the General Plan 2040. Pursuant to Subsection 159.872 of the Indio Municipal Code, the Planning Commission is scheduled to hold a minimum of one (1) public hearing on July 13, 2022 to consider these amendments. Pursuant to Subsection 159.873 of the Indio Municipal Code, the Director of Community Development has prepared a staff report analyzing the proposed amendments that is being provided to the Planning Commission in advance of the Commission’s public hearing. Pursuant to Subsection 159.874 of the Indio Municipal Code, the Planning Commission through the adoption of one or more resolutions will make a recommendation to the City Council as to whether the zoning text amendment should be adopted, adopted in modified form or rejected. Pursuant to Subsection 159.875 of the Indio Municipal Code, following the issuance of the Planning Commission’s recommendation (s), a minimum of one (1) public hearing is required to be held before the City Council. At the conclusion of the Council’s public hearing process, the Council may take ordinance action to approve the recommended zoning text amendments.
Conclusion (s):
Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards a... Page 200 of 1610 The proposed zoning text amendments are being processed and considered consistent with the currently adopted regulations pertaining to zoning code text amendments.
Finding (s):
Pursuant to Subsection 159.886 of the Indio Municipal Code, the zoning map amendment was initiated by the City Council’s prior adoption of the General Plan 2040 inclusive of the General Plan Land Use Designation Map and by the City Council’s prior adoption of the Desert Estates Transition land use designation. Pursuant to Subsection 159.888 of the Indio Municipal Code, the Director of Community Development has prepared a staff report analyzing the proposed amendments that is being provided to the Planning Commission in advance of the Commission’s public hearing. Pursuant to Subsection 159.889 of the Indio Municipal Code, the Planning Commission is scheduled to hold a minimum of one (1) public hearing on July 13, 2022 to consider the zoning map amendment. Pursuant to Subsection 159.890, the Planning Commission through the adoption of one or more resolutions will make a recommendation to the City Council as to whether the zoning text amendment should be adopted, adopted in modified form or rejected. Pursuant to Subsection 159.892 of the Indio Municipal Code, following the issuance of the Planning Commission’s recommendation (s), a minimum of one (1) public hearing is required to be held before the City Council. At the conclusion of the Council’s public hearing process, the Council may take ordinance action to approve the recommended zoning text amendments.
Conclusion (s):
The proposed zoning map amendment is being processed and considered consistent with the currently adopted regulations pertaining to zoning map amendments.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE:
The following CEQA Guidelines are applicable to the environmental review for the proposed General Plan and Signage and Zoning Amendments (the "project"):
The City’s project is in accordance with Section §15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) which states that additional environmental review is not required for projects “which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified”, except as might be necessary to determine whether there are projectspecific significant effects. In this case, the proposed project is consistent with the City's General Plan 2040 and Final Environmental Impact Report (FEIR) that was adopted and certified by the City Council on September 18, 2019. Therefore the proposed project is consistent with State CEQA Guidelines Section §15168(c)(2) since it is within the programmatic scope covered by the Final EIR and there is no substantial evidence that the proposed Zoning Code Update would require additional environmental analysis. Similarly, the proposed project is consistent with CEQA Guidelines Section §15183 (d)(1)(C) since it meets the consistency with “a general plan of a local agency”, and with Section §15183 (d) (2) which states that “an EIR was certified by the lead agency for the general plan.
In addition, the project is consistent with CEQA Guidelines Section §15162(a) in that no subsequent environmental documentation will be required for the proposed project. Specifically, the proposed project is not proposing any substantial changes to the City’s GP 2040 [§15162(a)(1)], would not result
Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards a... Page 201 of 1610 in substantial changes due to the General Plan Amendments and Zoning Code Update [§15162(a)(2)], nor would it present new information of substantial evidence [§15162(a)(3)].
The project is in accordance with Section §15168 of the California Environmental Quality Act (CEQA) Guidelines, subsection (c)(2) which states that if the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental documentation would be required.
Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making the determination include, but are not limited to, consistency of the later activity with the type of allowable land use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the program EIR.
On September 18, 2019, the Indio City Council certified the Final Environmental Impact Report (FEIR) through the adoption of Resolution No. 10106. This FEIR was prepared as a program EIR. Rincon Consultants, Inc., in business since 1994 and the environmental subconsultant for the General Plan and Signage and Zoning Code Amendments Project has analyzed the proposed amendments and has found them to be consistent with the previously certified program EIR. Based on this analysis and authorities granted to the City pursuant to CEQA Guidelines Sections 15162 and 15168, the Community Development Director, acting as the lead agency representative, determined that these amendments are within the scope of the project covered by the program EIR as the amendments to the General Plan do not substantively change the General Plan's vision, intent, policies and goals and the signage and zoning amendments are intended to make these regulations consistent with the General Plan. Therefore, the Community Development Director has determined that no new environmental documentation is required.
RIVERSIDE AIRPORT LAND USE COMMISSION:
The Riverside County Airport Land Use Commission conducted a consistency public hearing for the proposed General Plan text and map amendments on June 9, 2022 and found said amendments to be consistent with the Bermuda Dunes Airport Land Use Compatibility Plan.
PUBLIC ENGAGEMENT AND NOTICE:
The General Plan and Signage and Zoning Code Amendments are applicable citywide. Pursuant to the provisions of California Government Code Section 65091(4), if the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing. On July 3, 2022, a 1/8 of a page display ad was published in the Desert Sun, a newspaper of general circulation, which is ten (10) days before the scheduled Planning Commission public hearing on July 13, 2022. In addition, an informational postcard regarding the amendments was mailed to all properties of record within the City on July 1, 2022. Further, a total of five (5) study sessions were held to review the proposed General Plan text and map amendments, the signage amendments and the zoning text and map amendments. These study sessions were held on February 23, 2022, March 9, 2022, April 13, 2022, April 27, 2022 and May 25, 2022.
PLANNING COMMISSION REVIEW:
Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards a... Page 202 of 1610 The Planning Commission held a duly noticed public hearing on July 13, 2022 regarding the repeal of Chapter 150 (Billboards and Signs) and Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and the adoption of the City of Indio Unified Development Code as the signage and zoning regulations for the City of Indio and the repeal of the current citywide zoning map and the adoption of a new citywide zoning map. Following the close of the public hearing and deliberation, the Planning Commission voted unanimously to recommend to the City Council, the repeal of Chapter 150 (Billboards and Signs) and Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and the adoption of the City of Indio Unified Development Code as the signage and zoning regulations for the City of Indio and the repeal of the current citywide zoning map and the adoption of a new citywide zoning map.
ATTACHMENTS:
Attachment 1: Ordinance No. 1782 - ZoningTextMapAmendments_Exhibits
Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards a... Page 203 of 1610 1 ORDINANCE NO. 1782
AN ORDINANCE OF THE CITY OF INDIO REPEALING CHAPTER
150 (BILLBOARDS AND SIGNS) AND CHAPTER 159 (ZONING
REGULATIONS) OF TITLE XV (LAND USAGE) OF THE INDIO
MUNICIPAL CODE AND ADOPTING THE CITY OF INDIO UNIFIED
DEVELOPMENT CODE AS THE SIGNAGE AND ZONING
REGULATIONS FOR THE CITY OF INDIO AND REPEALING THE
CURRENT CITYWIDE ZONING MAP AND ADOPTING A NEW
CITYWIDE ZONING MAP
THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City of Indio City Council adopted the General Plan 2040 inclusive of the General Plan Land Use Designation Map on September 18, 2019. Pursuant to California Government Code Section 65860. county or city zoning ordinances shall be consistent with the General Plan of the county or city and further that a zoning ordinance shall be consistent with a county or city only if the city or county has officially adopted such a plan and the various land use ordinances authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan. Table 12-2 (Land Use and Community Design Implementation Programs) specifies the amendment of zoning related regulations as a high priority implementation task within the first five (5) years of Plan adoption. Chapters 150 and 159 are substantively misaligned with the City's adopted General Plan resulting in the need for a significant update to both Chapters. Beginning in early 2020 and continuing to present, City staff and a consultant team have been developing new signage and zoning regulations that will be consistent with the adopted General Plan. These regulations are proposed to be incorporated into a Unified Development Code. The Unified Development Code is intended to bring together various zoning regulations in a handbook format that will be clear, understandable, descriptive and will utilize visual graphics to more accurately display and guide the application of signage and zoning in the City. The Unified Development Code will also implement objective design standards required for certain types of residential housing. Pursuant to Indio Municipal Code Section 159.875, the City Council the City Council hereby determines and makes the following finding: the proposed changes to the zoning code and zoning map set forth in this Ordinance are consistent with the objectives of Title XV (Land Usage) of the Indio Municipal Code. In addition, the proposed zoning code and map amendments are consistent with the City of Indio 2040 General Plan Land Use Element Policies LU1.1-1.6, Policies LU-2.1-2.8, Policies LU-3.1-3.7, Polices LU-4.1-4.7, Policy LU-5.7, Policy LU-6.10, Policies, LU-7.1-7.14, Polices LU-8.1-8.4, LU 9.1-9.7 and Policies LU-10.1-10.8. The Riverside County Airport Land Use Commission conducted a consistency public hearing for the proposed zoning text and map amendments on June 9, 2022 and at the conclusion of said hearing voted in favor of finding the zoning and
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Section 2. Chapters 150 (Billboard and Signs) and 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code are hereby repealed in its entirety and replaced with the City of Indio Unified Development Code attached here to as Exhibit “A".
Section 3. The City of Indio’s current zoning map (circa 2009) is hereby repealed and replaced with a new zoning map attached hereto as Exhibit “B” that will implement on a citywide basis the appropriate General Plan 2040 land use designations.
Section 4. The City Manager or designee is hereby authorized to make minor non-substantive corrections to scrivener errors to the Unified Development that are identified following the City Council’s adoption of this ordinance.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2022.
WAYMOND FERMON
MAYOR
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CYNTHIA HERNANDEZ, CMC
CITY CLERK
Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards a... Page 206 of 1610 EXHIBIT “A”
Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards a... Page 207 of 1610 Introduction | i
Introduction | INTRODUCTORY PROVISIONS
ADOPTED X.XX.22
UNIFIED DEVELOPMENT CODE
Adoption Draft
Adopted X.X.22
CITY OF INDIO
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TABLE OF CONTENT S
ART ICLE 1: INTRODUCTOR Y PRO VISIONS 1
1.01. PURPOSE + AUTHORITY 2
1.02. ZONES AND ZONING MAP 8
1.03. HOW TO USE THIS CODE 11
ART ICLE 2: ZON E REGULATIONS 13
2.01. PURPOSE + USE CLASSIFICATIONS 14
2.02. RESIDENTIAL ZONES 18
2.03. MIXED-USE ZONES 29
2.04. NON-RESIDENTIAL ZONES 70
2.05. PUBLIC/INSTITUTIONAL ZONES 81
2.06. SPECIFIC PLAN AND PROJECT MASTER PLAN ZONES 89
2.07. OVERLAY ZONES 90
ART ICLE 3: CITYWIDE REGULATIONS 95
3.01. RULES OF MEASUREMENT 96
3.02. GENERAL SITE DEVELOPMENT STANDARDS FOR ALL ZONES 103
3.03. PARKING + LOADING 133
3.04. PERFORMANCE STANDARDS 160
3.05. SIGN REGULATIONS 163
3.06. ART IN PUBLIC PLACES 217
ART ICLE 4: REGULATIONS FOR SPECIFIC USES 219
4.01. PURPOSE + AUTHORITY 220
4.02. ACCESSORY DWELLING UNITS 221
4.03. ADULT-ORIENTED BUSINESSES 227
4.04. ANIMAL KEEPING 230
4.05. AUTOMOTIVE SERVICE AND REPAIR/FUELING STATIONS 234
4.06. BAIL BONDS 235
4.07. CANNABIS ACTIVITY 236
4.08. CHECK CASHING BUSINESSES 238
4.09. CHILD DAY CARE IN A HOME (SMALL AND LARGE) AND DAY CARE CENTERS 239
4.10. CONVENIENCE MARKETS 240
4.11. COTTAGE FOOD OPERATIONS 241
4.12. COTTAGE INDUSTRY 243
4.13. DRIVE-THROUGH USES 244
4.14. EMERGENCY SHELTERS 246
4.15. HOME OCCUPATIONS 247
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Introduction | INTRODUCTORY PROVISIONS
ADOPTED X.XX.22
4.16. LIVE/WORK 249
4.17. MANUFACTURED/MOBILE HOME PARK 251
4.18. MASSAGE ESTABLISHMENT (STAND-ALONE) 253
4.19. MINI-STORAGE WAREHOUSING OR FACILITY 254
4.20. OUTDOOR STORAGE 255
4.21. PAWNSHOPS 256
4.22. RECREATIONAL VEHICLE (RV) PARKS 257
4.23. RESALE/CONSIGNMENT/THRIFT SHOPS 258
4.24. SMOKE SHOPS 259
4.25. TATTOO/BODY ART/PIERCING ESTABLISHMENTS 261
4.26. TELECOMMUNICATIONS/WIRELESS FACILITIES 263
4.27. TEMPORARY USES 270
ART ICLE 5: 273
SUBDIVISION REGULATIONS + RESIDENT IAL CONDOMINIUM
CON VERSION S (RESERVED FOR FUTURE INCLUSION)
ART ICLE 6: ADMINISTR ATION + PROC EDUR ES 275
6.01. PURPOSE 276
6.02. REVIEW AND DECISION-MAKING BODIES 277
6.03. COMMON PROCEDURES 281
6.04. PERMITS AND APPROVALS 296
6.05. OTHER TYPES OF PLANS 309
6.06. GENERAL PLAN AND ZONING AMENDMENTS
320
6.07. NONCONFORMING PROVISIONS 323
6.08. ENFORCEMENT AND ABATEMENT 331
ART ICLE 7: DEFINITIONS 333
7.01. DEFINITIONS OF TERMS AND LAND USE TYPES 334
7.02. SIGN TERMS AND TYPES 371
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ART ICLE 1
INTRODUCTOR Y PRO VISIONS
UNIFIED DEVELOPMENT CODE
1 PUBLIC REVIEW DRAFT
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1.01. PUR POSE + AUT HORITY
1.01.01. Title
This Title shall be known and officially cited as the “Unified Development Code of the City of Indio.” It is referred to in this Title as the “Indio Development Code,” the “Development Code,” or the “Code.” The provisions of this Code supersede all prior ordinances codified in Chapters 150, 154, 156, and 159 of the Indio Municipal Code and any amendments.
1.01.02. Purpose
The purpose of this Code is to implement the City’s General Plan and to protect, promote, and enhance the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Code is adopted to achieve the following objectives:
A. Achieve the arrangement of land uses depicted in the City of Indio General Plan, consistent with the goals and policies of the General Plan;
B. Provide standards for the orderly growth and development of the city, and guide and control the use of land to foster a safe, harmonious, convenient, attractive, and workable relationship among land uses; C. Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the city as a whole;
D. Ensure consideration of natural environmental features in the development and use of land within the city; E. Revitalize and connect neighborhoods to preserve and enhance quality of life in the city; F. Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas;
G. Promote economic growth and the creation of jobs;
H. Promote high-quality design in the development process so that new development enhances the appearance of the city as it matures;
I. Encourage infill development in existing sections of the city and provide for innovative and sustainable development in undeveloped areas;
J. Define duties and powers of administrative bodies and officers responsible for implementation of the Code.
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Article 1 | INTRODUCTORY PROVISIONS
1.01.03. Authority
This Code is enacted based on the authority vested in the City by the State of California, including, but not limited to: the State Constitution, Sections 65800 and subsequent sections of the Government Code, the California Environmental Quality Act, the Subdivision Map Act, the Health and Safety Code, and case law of the State and Federal courts as they may all be modified from time to time.
1.01.04. Scope
This Code is adopted to accomplish the stated objective of and to implement the City’s General Plan. To accomplish these objectives, the City shall regulate the use, location, area, and dimension of sites for development; the bulk and height of structures; the appearance of certain uses, structures, and signs; open space, landscaping, access and egress, off-street parking; and other such aspects of land use which may be deemed necessary for the public peace, health, safety, and general welfare of the people working and living within the city.
1.01.05. Applicability and Exemptions
This Code applies to all land uses, activities, structures, subdivisions, and development within the incorporated jurisdiction of the City of Indio and to property for which applications for annexation and/or subdivisions have been submitted to the City of Indio, except as provided by this Section. The applicability described in this Section is not a comprehensive list; the Director of Community Development (Director) shall determine the specific applicability of the Code to all projects and applications within the city.
A. New Land Uses or Structures, Changes to Land Uses or Structures.
Compliance with the requirements of this Code is necessary for any private person, firm, corporation or organization or public agency to lawfully establish, construct, occupy, maintain, reconstruct, alter, expand, or replace any use of land or structure. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by the City of Indio (e.g., Federal or Tribal lands that are not subject to local land use regulations).
B. Issuance of City Permits and Licenses.
No permit or business license shall be issued by the City unless the proposed project or activity complies with all applicable provisions of this Code and all other applicable provisions of law.
C. Subdivisions.
Each subdivision of land approved within the City shall comply with the minimum lot size requirements of Article 2 (Zone Regulations), the City’s subdivision regulations in Article 5 (Subdivision Regulations), the Subdivision Map Act, and all applicable requirements of this Code.
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D. Exemptions.
The following uses and conditions are exempt from modification by this Code:
1. Existing Uses and Structures.
An existing land use/structure is lawful if legally established, operated, and maintained in compliance with all applicable zoning and development regulations at the time of establishment, as provided by Chapter 6.07 (Nonconforming Provisions).
2. Violations.
A violation or nonconforming existing land use/structure that was established prior to the adoption of this Code shall maintain the violation and/or nonconforming status until steps are taken to bring the land use or structure into conformance with this Code. See Chapter 6.07 (Nonconforming Provisions) for regulations and standards for nonconforming uses and buildings.
3. Existing City Entitlements.
Any effective entitlement and/or permit issued by the City prior to the effective date and hour of this Code shall be permitted to be exercised regardless of compliance with any or all regulations of this Code.
4. Projects in Progress + Pending Proceedings.
Any actions or proceedings initiated under provisions repealed, amended or modified by the provisions of this Code, and any vested right, shall not be affected by the enactment of the provisions of this Code, except that subsequent proceedings shall conform to the provisions of this Code insofar as possible and allowable by State law.
5. Previous Violation or Conviction.
Any violation of and/or conviction under any provision repealed, amended or modified by the provisions of this Code shall be considered as a violation of and/or conviction under this Code. The repeal or substitution of any provisions shall not affect any prosecution which may be pending in any court for the violation of any provision of the Code at time of the repeal or substitution.
E. Density Bonuses for Affordable and Senior Housing.
All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended. See Indio Municipal Code Chapter 154 (Density Bonuses and Other Incentives for Low Income and Senior Housing).
F. Other Requirements May Apply.
Nothing in this Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any County, State, or Federal agency. No use that is illegal under local or State law shall be allowed in any zone within the city.
G. Substandard Lots.
Legally created substandard lots on record prior to the adoption of this Code shall be deemed in compliance with the minimum lot area requirements. The lot area per dwelling unit, however, shall remain as specified in the applicable zone. In no instance shall these provisions prevent the erection of a single-family dwelling on any substandard residential lot.
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Article 1 | INTRODUCTORY PROVISIONS
1.01.06. Interpretation of Regulations
A. Clarification of Ambiguity.
The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Code. Whenever the Director determines that the meaning or applicability of any of the requirements of this Code are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination. If ambiguity arises concerning the appropriate classification of a particular use or regulation within the meaning and intent of this Code with respect to any matters regulated by this Code based on established or unforeseen circumstances, including technological changes in processing or application of materials, the Director shall have the authority to interpret the regulation based on understanding of the Code. Appeals on any such official interpretation by the Director may be filed and heard consistent with Article 6 (Administration and Procedures); see Table 6.02.04 1 (Summary of Review Authorities for Decisions and Appeals) for the specific review/appeal hierarchy.
B. Discretion.
When this Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose conditions on the issuance of any City entitlements, consistent with Article 6 (Administration and Procedures).
C. Minimum Requirements.
The provisions of this Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this Code provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code, as may be determined by the applicable Review Authority, if it is deemed necessary to promote health and safety, orderly land use development, and the other purposes of this Code.
D. Conflicting Regulations.
The regulations of this Code and requirements or conditions imposed pursuant to this Code shall not supersede any other regulations or requirements adopted or imposed by the Indio City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this Code. All uses and development authorized by this Code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Code and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified.
E. Private Agreements.
The provisions of this Code are not intended to revoke, annul, or impair any easements, codes, covenants and restrictions or other existing agreement between parties, which are more restrictive than the provisions of this Code. Where this Code imposes a greater restriction or higher standard than that required by private agreement, this Code shall control. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
F. Development Agreements and Specific Plans.
Standards adopted as part of any development agreement or specific plan shall control over any conflicting Code requirements adopted subsequent to the development agreement or specific plan.
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G. Time Limits.
Whenever a number of days is specified in the Code, or in any permit, condition of approval, or notice provided in compliance with the Code, the number of days shall be consecutive calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.
H. Terminology.
Language used in this Code shall be understood as follows:
1. Mandatory Language.
The words “shall,” “will,” “is to,” “must,” and “are to” are always mandatory and not discretionary.
2. Encourage Language.
“Should” indicates that the standard is not mandatory but is strongly recommended. “May” is permissive and does not represent a regulatory requirement.
3. Indicative Language.
The words “include,” “includes,” and “including” mean “including, but not limited to.” The word “and” means that all connected words or provisions apply; the word “or” means that the connected words or provisions shall apply singly or in any combination. The words “either … or” indicate that the connected words or provisions shall apply singly, but not in combination.
I. Photo and Figure Disclaimer.
Images, photos, and diagrams in this Code are not intended to be interpreted literally; they are provided to illustrate regulations and assist in understanding the desired character or proposed implementation of a standard (e.g., measurement/calculation, range of scale, intensity, site organization, streetscape, building design). In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text controls.
1.01.07. Nuisances
It is a public nuisance for any person, firm, company, or organization to own, use, operate, lease, or otherwise maintain a property or a building, or to own, operate, lease, or otherwise maintain property in violation of any provision of this Code. Notices of violation shall be provided and recorded, and nuisances abated according to the provisions of Municipal Code Chapter 95A (Nuisances).
1.01.08. Responsibility for Administration
This Code shall be administered by the City Council, the Planning Commission, the Director or designee, the Community Development Department, the Building Official or staff person designated by the Director to perform such actions, and any other departments, groups, personnel, or individuals as identified in a specific Chapter of this Code, in compliance with Article 6 (Administration and Procedures).
1.01.09. Relationship to the General Plan
This Code implements the goals and policies of the Indio General Plan by regulating the use of land and structures within the City. This Code and the General Plan shall be consistent with one another. Any permit, license, or approval issues in accordance with this Code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this Code and the General Plan, the General Plan shall control.
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Article 1 | INTRODUCTORY PROVISIONS
1.01.10. Severability
The provisions of this Code are severable. If any applicability, Chapter, Section, subsection, paragraph, sentence, clause, or phrase of this Code is, for any reason, held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity or constitutionality of any other portion or provision of this Code.
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1.02. ZONES AND ZONING MAP
1.02.01. Applicability
The Official Zoning Map, as established by this Code, shall apply to all real property within the city. The establishment of land uses and buildings in all zones shall be consistent with the provisions of this Code and the standards and regulations applicable to the zone. City zones and their relationship to the General Plan Place-Types are listed in Table 1.02.03-1 (Base Zones and Overlay Zones).
1.02.02. Zoning Map
The City’s Official Zoning Map establishes and defines all zones and overlay areas, and their boundaries. Each zone outlines land use and development standards to implement the range of expected outcomes expressed in the Indio General Plan. All zone regulations shall be applied based on the zone boundaries and locations established by the Official Zoning Map. All overlay areas further regulate the land use or specific activities within the underlying zone and shall be applied based on the overlay boundaries and locations established by the City’s Official Zoning Map.
The boundaries of the zones established by this Code are not included in this Code but are shown on the City’s Official Zoning Map maintained by the Community Development Department. The Zoning Map, together with all legends, symbols, notations, references, zone boundaries, map symbols, and other information on the map has been adopted by the Council and is hereby incorporated into this Code by reference, together with any amendments previously or hereafter adopted.
A. Annexation of Properties.
When property outside of the City limits is submitted for annexation to the City, zoning of the property shall be determined by the City and shall be incorporated into the Official Zoning Map upon adoption.
B. Amendments to the Zoning Map.
Amendments to the Official Zoning Map shall follow the process established in Chapter 6.06 (General Plan and Zoning Amendments).
1.02.03. Establishment of Zones
The city is divided into Residential Neighborhood Zones, Mixed-Use Zones, Commercial/Industrial Zones, and Public/Institutional Zones to individually regulate development form and land use of parcels. This specific mix of zones implements the General Plan by providing for a range of development intensity and uses that are compatible with the character of the City’s neighborhoods, districts, and corridors. The city is divided into base zones and overlay zones that implement the General Plan as shown in Table 1.02.03-1, and are applied geographically by the Official Zoning Map.
Existing legally constructed nonconforming uses, buildings, and structures established prior to the adoption of this Code are legal, nonconforming uses and are permitted to operate subject to the regulations of Chapter 6.07 (Nonconforming Provisions).
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Article 1 | INTRODUCTORY PROVISIONS
Table 1.02.03–1: Base Zones and Overlay Zones
Zone
Symbol Name of Zone Section Reference General Plan “Place-Type” Implemented by Zone
Residential Zones
MH Mobile Home Chapter 2.01 (Residential Zones) Connected Neighborhoods DE - 1 Desert Estates - 1 Chapter 2.01 (Residential Zones) Desert Estates DET - 3 Desert Estates Transition - 3 Chapter 2.01 (Residential Zones) Desert Estates SN - 4 Suburban Neighborhood - 4 Chapter 2.01 (Residential Zones) Suburban Neighborhood SN - 8 Suburban Neighborhood - 8 Chapter 2.01 (Residential Zones) Suburban Neighborhood Mixed-Use Zones
CN - 14 Connected Neighborhood - 14 Chapter 2.03 (Mixed Use Zones) Connected Neighborhood CN - 20 Connected Neighborhood - 20 Chapter 2.03 (Mixed Use Zones) Connected Neighborhood MUN Mixed Use Neighborhood Chapter 2.03 (Mixed Use Zones) Mixed Use Neighborhood NC Neighborhood Center Chapter 2.03 (Mixed Use Zones) Neighborhood Center MT Midtown Chapter 2.03 (Mixed Use Zones) Midtown
DT Downtown Chapter 2.03 (Mixed Use Zones) Downtown
Non-Residential Zones
IL Light Industrial Chapter 2.04 (Non-Residential Zones) Workplace and Employment District
IH Heavy Industrial Chapter 2.04 (Non-Residential Zones) Workplace and Employment District
RC Regional Commercial Chapter 2.04 (Non-Residential Zones) Regional Commercial RR Resource Recovery Chapter 2.04 (Non-Residential Zones) Resource Recovery Public/Institutional Zones
PI Public and Institutional Chapter 2.05 (Public/Institutional Zones)
Public and Institutional
OS Parks and Open Space Chapter 2.05 (Public/Institutional Zones)
Parks and Open Space
Other Zones
SP/PMP Specific Plans and Project
Master Plans
Chapter 2.06 (Specific Plan and
Project Master Plan Zones)
Various
Overlays
R-OS Resource Management and
Open Space Overlay
Chapter 2.07 (Overlay Zones) Resource Management and
Open Space Overlay
FD Festival District Chapter 2.07 (Overlay Zones) Festival District ES Emergency Shelter Overlay Chapter 2.07 (Overlay Zones) Various PD Planned Development Chapter 2.07 (Overlay Zones) Various
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1.02.04. Interpretation of Zone Boundaries
When uncertainty exists about the location of any zone boundary or section shown on the Official Zoning Map, the precise location of the boundary shall be determined by the Director. Generally, the following boundary guidelines shall be used for reading the Zoning Map and for interpretation, unless otherwise determined by the Director.
A. General Boundaries.
Zone boundaries approximately following the right-of-way shall be construed to follow the proximate property line or right-of-way line.
B. Scale.
If a zone boundary does not follow a property line, or where a zone boundary divides a property, the location scale on the Official Zoning Map shall be used to determine the location of the boundaries, unless the boundaries are indicated by dimensions.
C. Split Zone Properties.
Where a zone boundary divides a property, each portion of the property shall be developed in accordance with the applicable zoning designation. If more than 80 percent of the property falls under one zoning designation, the property owner may choose to develop the entire property according to that designation.
D. Centerline Boundaries.
Zone boundaries shown within a right-of-way that do not follow the outside right-of-way line(s) shall be construed to follow the centerline of such rights-of-way.
E. Vacated Areas.
Vacated, abandoned, or non-occupancy uses (e.g., dedicated circulation rights-of-way, utility or maintenance easement/corridors, creek easements, railroad rights-of-way, or similar uses) shall be treated in one of the following ways:
1. Revert to the identified zone.
2. Where no zone is identified by the Official Zoning Map, the vacated right-of-way or non-occupancy use shall acquire the zoning district classification of the adjacent property to which it reverts.
3. The Director shall determine the applicable zone; City Council approval and adoption by ordinance of the assigned zone shall be required to incorporate the zoning of the property into the Official Zoning Map.
F. Unclassified Areas.
Dedicated circulation rights-of-way, utility or maintenance easement/corridors, creek easements, railroad rightsof-way, or similar non-occupancy uses shown within a designated zone shall be deemed to be unclassified and shall not be used for development or structural purposes inconsistent with the established right-of-way use.
In accordance with the provisions of Chapter 3.03 (Parking and Loading), off-street automobile parking may be permitted within such unclassified rights-of-way, provided that such parking is constructed in accordance with all applicable standards and all necessary permits and approvals are obtained. Railroad rights-of-way shall be used solely for the purpose of accommodating tracks, signals, other operative devices, and the movement of rolling stock, unless otherwise vacated.
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Article 1 | INTRODUCTORY PROVISIONS
1.03. HOW TO USE THIS CODE
The following information summarizes how to use this Zoning Code given the anticipated range of applications that will be submitted and processed.
1.03.01. Instructions
A. Zoning.
Find the property on the City’s Official Zoning Map to determine which zone applies.
B. Land Uses.
See the “allowed land uses” table applicable to the zone to determine what uses are allowed on the site and what types of permit(s) are required. See Article 2 (Zone Regulations) for allowed land use tables for each zone.
C. Application Requirements.
Follow the application requirements identified in Article 6 (Administration and Procedures).
D. Zone Standards.
See the Chapters applicable to the zone to determine the development standards, operational standards, and all other provisions applicable to and required by the zone, per Table 1.02.03-1 (Base Zones and Overlay Zones).
E. Additional Standards.
Apply the design standards or other standards applicable to the zone or land use, if any. Supplemental development and design standards can be found by zone in Article 2 (Zone Regulations). Standards applicable to all uses or zones can be found in Article 3 (Citywide Regulations). Standards for special uses can be found in Article 4 (Special Uses). Density bonus regulations and incentives for affordable housing can be found in Indio Municipal Code Chapter 154 (Density Bonuses and Other Incentives for Low Income and Senior Housing).
F. Parking Standards.
Provide at least the minimum required parking spaces as regulated by Chapter 3.03 (Parking and Loading).
G. Submit Application for Processing.
Submit an application for processing, in compliance with Article 6 (Administration and Procedures).
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Article 2 | ZONE REGUL ATION S
INDIO
ART ICLE 2
ZONE REGULATIONS
UNIFIED DEVELOPMENT CODE
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2.01. PUR POSE + USE
CLASSIFICATIONS
2.01.01. Purpose
The purpose of this Chapter is to establish allowed land uses and corresponding requirements for permits and entitlements for each of the City’s base and overlay zones. Uses allowed herein are consistent with and implement the corresponding land use designations in the Indio General Plan. Allowed land uses include both primary and accessory uses that are permanent in nature. Regulations for temporary uses are listed separately in Chapter 4.11 (Temporary Uses).
2.01.02. General Requirements
All land uses shall conform to the purpose and intent of the applicable zone, and shall comply with the following.
A. Special Use Regulations.
Additional use regulations for special land uses are listed in Article 4 (Regulations for Specific Uses).
B. Special Planning Areas.
Special Planning Areas include areas of the city with adopted planning documents for development within each respective project area (e.g., specific plans, planned developments, master plans). These Special Planning Area documents establish land use and/or development regulations that are unique to the particular project area.
When a property is located within a Special Planning Area, the allowed use provisions of that Special Planning Area document shall govern. If a planning document refers back to, utilizes, or defers to one or more of the City’s base zones, the allowed use provisions in those base zones shall apply. If a planning document (Specific Plan, Project Master Plan, Development Agreement) refers back to, utilizes, or defers to the zoning in effect at the time of its adoption, refer to Appendix B (Municode Chapter 159 – operative prior to XX). If there are any conflicts between a base zone and a Special Planning Area document, the Special Planning Area document shall control.
C. Overlay Zones.
When a property is located within an overlay zone, the allowed use provisions of that overlay zone shall control.
When an overlay zone is silent on allowed use provisions, it defers to the allowed use provisions of the base zone.
Only where there is a conflict between two regulations will the overlay zone provisions control.
D. Bermuda Dunes Airport Compatibility Zones.
The City of Indio does not directly regulate the Bermuda Dunes Airport Land Use Compatibility Plan, as this is the responsibility of the Riverside County Airport Land Use Commission and its Staff. However, for properties affected by this Plan, densities, intensities, and prohibited uses shall be consistent with criteria of the Bermuda Dunes Airport Land Use Compatibility Plan, including applicable County-wide criteria as may exist at the time of project review. If the project is located in the Bermuda Dunes Airport Compatibility zones, a project proponent is responsible for coordinating with Indio City Staff and Airport Land Use Commission Staff, as appropriate.
E. Unlisted or Similar Compatible Uses.
If a use is not specifically listed, or if the use is not substantially similar to a use classification provided in this Code, the use shall not be allowed. When a use is not specifically listed in this title, the use may be permitted if the Director determines that the use is substantially similar to other uses when all the following findings are made by the Director in writing:
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Article 2 | ZONE REGUL ATION S
1. The characteristics of, and activities associated with, the proposed use are equivalent to and comparable to one or more of the listed permitted uses, and will not involve a higher level of activity or density than the uses permitted in the applicable zoning district.
2. The proposed use is substantially similar to a listed permitted use.
3. The proposed use is compatible with the purpose and intent of the applicable zone.
4. The proposed use has a similar degree of traffic, noise, light, odor, and other operational impacts as a listed permitted use.
5. The operation of the proposed use will not be detrimental to existing uses in the area of influence.
Decisions of the Director may be appealed as described in Section 6.03.13 (Appeals).
F. Unlisted Standards and Permit Requirements.
When the Director makes the Subsection D findings in writing, the proposed use will be treated in the same regulatory manner as the zone listed use for allowable location(s), permits required, and all other applicable standards and requirements of this Code.
G. Illegal Uses.
No use that is illegal under local, State, or Federal law shall be allowed in any zone within the city.
H. Prohibited Uses.
No operations conducted on any property shall create objectionable and/or obnoxious dust, light, matter, mud, noise, odor, refuse, smoke, steam, vibration, maintenance needs of grounds or buildings, or other nuisance(s).
No land use shall be detrimental to the health and welfare of the Indio community. For the purposes of public health, safety, and general welfare, land uses listed in Table 2.01.02-1 are prohibited in any zone in the city, and are not subject to the Director’s discretion. Full provision is made for all types of uses necessary for industrial development within the city, and thus the following uses, because of their nuisance and hazard characteristics if permitted within the developed area of Indio, would defeat the basic purposes of zoning.
Table 2.01.02–1: Prohibited Land Uses
Prohibited Land Uses
Cannabis Related Uses
Manufacture of Nitrocellulose Products
Rendering Plant
Dead Animal Reduction or Dumping Slaughterhouse
Distillation of Bones
Smelting
Garbage Processing
Gas Manufacture
Glue Manufacture
Tannery
Explosives Manufacture/Storage
Unlawful Use based on State, Federal, or other regulations
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2.01.03. Permissions Tables and Establishment of an
Allowed Use
The land use permissions, as established by zone per Tables 2.02.02-1, 2.03.02-1, 2.04.02-1, 2.05.02-1, and
2.06.03-1 in this Chapter, shall be applicable to all new uses, structures, and activities within the identified zone.
See Chapter 6.07 (Nonconforming Provisions) for regulations and standards for existing nonconforming uses.
Prior to the establishment of any land use identified in the land use permissions tables of this Chapter, the applicant shall obtain all necessary approvals and permits in compliance with all applicable requirements of this Code. Chapter 6.04 (Permits and Approvals) identifies the requirements of development proposals, and procedures and processing requirements for administrative and discretionary permit applications.
Land uses listed in the land use permissions tables and throughout this Code have been grouped into general categories based on common function, product, or compatibility characteristics. These use categories are called use classifications. The classifications are listed in alphabetical order in the use tables. Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may be appropriate within the classification. For that reason, the City has established a similar use determination process as described in Subsection D of this Section. Each land use is described in Article 7 (Definitions). For example, personal service use includes a wide range of individual personal service uses (beauty parlor, dry cleaning, tanning salons, tailors).
Any one or more land uses allowed per the land use permissions tables in this Chapter may be established on any lot within the zone, subject to the planning permit requirement listed in the tables, and in compliance with all applicable requirements of this Code. Accessory uses are allowed only in conjunction with a primary use to which the accessory use relates, or as specified in the tables.
Where a single parcel is proposed for development with two or more of the land uses listed in the table at the same time, the overall project will be subject to the permit type requiring the highest level of review required by the table for any individual use. However, all applicable fees shall be paid for one or more permit types.
In addition to the regulations and development standards of the applicable zone, all land uses are subject to the specific use standards identified in the “Additional Use Regulations” column of the allowed use tables. Refer to the referenced Sections for additional operational standards and regulations applicable to the use.
2.01.04. Allowed Uses + Permit Requirements
Allowed uses by zone and corresponding requirements for entitlements are listed in Tables 2.02.02-1, 2.03.02- 1, 2.04.02-1, 2.05.02-1, and 2.06.03-1 for all of the city’s base zones. Generally, a use is either allowed by right, allowed through issuance of a permit, or not allowed. In addition to the requirements for planning entitlements of this Code, other permits may be required prior to establishment of the use (e.g., building permit or permits required by other agencies). The requirements for planning entitlements include:
A. Permitted (P).
A land use shown with a “P” indicates that the land use is permitted by right in the designated zone, subject to compliance with all applicable provisions of this Code (e.g., development standards), as well as State and Federal law.
B. Accessory Use (A).
A land use shown with “A” indicates that the land use is permitted only as a secondary use in conjunction with a primary use, subject to compliance with all applicable provisions of this Code (e.g., development standards), as well as State and Federal law.
C. Administrative Use Permit (AUP) Required.
A land use shown with “AUP” indicates that the land use is permitted in the designated zone upon issuance of an administrative use permit from the designated approving authority, subject to compliance with all applicable provisions of this Code (e.g., development standards), as well as State and Federal law.
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D. Conditional Use Permit (CUP) Required.
A land use shown with “CUP” indicates that the land use is permitted in the designated zone upon issuance of a conditional use permit from the designated approving authority, subject to compliance with all applicable provisions of this Code (e.g., development standards), as well as State and Federal law.
E. Not Permitted (X).
A land use shown with an “X” in the table is not allowed in the applicable zone.
F. Temporary Uses (TUP).
On occasion, property will be used for an event, activity, or use on a short-term basis. Such use is considered a temporary use. A land use shown with “TUP” indicates that the land use is permitted as a temporary use in conjunction with the issuance of a temporary use permit in accordance with Section 6.04.05 (Temporary Use Permits). Chapter 4.26 (Temporary Uses) provides the regulations for these uses, including development standards and time limits.
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2.02. RESIDENT IAL ZONES
2.02.01. Purpose + Intent
The purposes of the residential zones are to:
A. Provide for a full range of housing types consistent with the General Plan; B. Preserve, protect, and enhance the character of the City’s different residential neighborhoods; C. Enhance the quality of life for City residents;
D. Ensure that the scale and design of new development and alterations to existing development are compatible with surrounding residences and appropriate to the physical and aesthetic characteristics of proposed locations; and
E. Provide sites for public and semi-public land uses such as parks, schools, day care, and other community uses that will serve City residents and will complement surrounding residential development.
Additional purposes of each residential zone are as follows:
F. Desert Estates - 1 (DE-1).
The Desert Estates – 1 (DE-1) zone applies to semi-rural areas of the city and is intended to conserve natural features while providing low-intensity residential neighborhood development for single-family, detached homes at a density of up to one dwelling unit per acre. This zone implements the Desert Estates General Plan land use designation.
G. Desert Estates Transition – 3 (DET-3).
The Desert Estates Transition – 3 (DE-3) zone applies to semi-rural areas of the city and is intended to conserve natural features while providing low-intensity residential neighborhood development for single-family, detached homes at a density of up to three dwelling units per acre. This zone implements the Desert Estates General Plan land use designation.
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H. Suburban Neighborhoods - 4 (SN-4).
The Suburban Neighborhoods – 4 (SN-4) zone is intended to provide low-intensity neighborhood development for single-family, detached homes at a density of up to four dwelling units per acre. This zone implements the Suburban Neighborhoods General Plan land use designation.
I. Suburban Neighborhoods - 8 (SN-8).
The Suburban Neighborhoods – 8 (SN-8) zone is intended to provide low-intensity neighborhood development for single-family, detached homes at a density of up to eight dwelling units per acre. This zone implements the Suburban Neighborhoods General Plan land use designation.
J. Mobile Home Park (MH).
The Mobile Home Park (MH) zone applies to areas
of the city appropriate for the exclusive and orderly
planned development of mobile home parks and
subdivisions, travel trailer parks, and recreational
vehicle parks. The purpose of the zone is to establish
appropriate regulations and standards in accordance
with Section 18000 et seq. of the Health and Safety
Code of the State of California. This zone falls within the Connected Neighborhoods General Plan land use
designation.
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2.02.02. Land Use Regulations
The land uses allowed in the residential zones are listed in Table 2.02.02-1. Allowed Uses - Residential Zones, together with the planning permit type required for each use. Numeric notes can be found at the end of the table.
Table 2.02.02–1: Allowed Uses – Residential Zones
P = Permitted; AUP = Administrative Use Permit; CUP = Conditional Use Permit; TUP = Temporary Use Permit; A = Accessory Use; X = Not Permitted
RESIDENTIAL ZONES
Use1 DE-1 DET - 3 SN-4 SN-8 MH Additional/Specific Use
Regulations
Agriculture and Animal Keeping Uses
Agricultural Support, Sales, Service, and
Storage
X X X X X
Aquaculture X X X X X
Animal Husbandry and Production X X X X X
Animal Raising and Keeping, Exotic X X X X X
Animal Raising and Keeping, Domestic
Pets
A A A A A See Chapter 4.03 (Animal Keeping)
Animal Raising and Keeping, Horses A2,3, AUP A2,3, AUP X X X See Chapter 4.03 (Animal Keeping) Animal Raising and Keeping, Large
Livestock A2,3, AUP X X X X See Chapter 4.03 (Animal Keeping) Animal Raising and Keeping, Small
Livestock, Poultry, and Beekeeping A2 A2 A2 X X See Chapter 4.03 (Animal Keeping) Backyard Breeding A2 A2 A2 X X See Chapter 4.03 (Animal Keeping) Community Garden P P P P P
Crop Production P X X X X
Greenhouse, Private A A A A A
Horticultural Production X X X X X
Kennels, Private/Hobby AUP AUP X X X
Private Garden P A A A A
Stable/Equestrian Facility, Commercial/
Public CUP2,3 CUP2,3 X X X See Chapter 4.03 (Animal Keeping) Stable/Equestrian Facility, Hobby/
Private
A2,3, AUP A2,3, AUP X X X See Chapter 4.03 (Animal Keeping) Automobile and Vehicle Uses
Auto and Vehicle Rental X X X X X
Auto and Vehicle Sales, New X X X X X
Auto and Vehicle Sales, Used X X X X X
Auto and Vehicle Sales and Rental,
Large Vehicles and Equipment X X X X X
Auto and Vehicle Services and Repair
– Major X X X X X
Auto and Vehicle Services and Repair
– Minor X X X X X
Auto and Vehicle Towing/Impounding X X X X X
Auto and Vehicle Washing and Detailing X X X X X
Auto and Vehicle Wrecking/Dismantling X X X X X
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RESIDENTIAL ZONES
Use1 DE-1 DET - 3 SN-4 SN-8 MH Additional/Specific Use
Regulations
Fueling Stations X X X X X
Truck Stop/Fueling Station X X X X X
Cannabis Related Uses
Cannabis Cultivation, Commercial X X X X X
Cannabis Cultivation, Personal P P P P P
Personal indoor cultivation of 6 or
fewer live cannabis plants within a
single private residence or inside
an accessory structure located
upon the grounds of a private
residence that is a fully enclosed
and secure structure is permitted
per Chapter 4.06 (Cannabis
Activity). Outdoor personal
cultivation of live cannabis plants
is prohibited.
Cannabis Logistics, Distribution, and
Transportation Facility X X X X X
Cannabis Manufacturing X X X X X
Cannabis Retailer, Microbusiness, or
Dispensary
X X X X X
Cannabis Testing Laboratory X X X X X
Eating and Drinking Establishments and Entertainment Uses Bar/Nightclub/Lounge X X X X X
Brewpub/Taproom/Wine Bar/
Microdistillery X X X X X
Cinema/Theater/Performing Arts
Center
X X X X X
Drive-Through, Non-Restaurants
(Accessory) X X X X X
Live Entertainment as Accessory Use,
Indoors (Accessory) X X X X X
Live Entertainment as Accessory Use,
Outdoors (Accessory) X X X X X
Outdoor Dining X X X X X
Outdoor Entertainment X X X X X
Restaurant, Dine-In and Take-Out X X X X X
Restaurant, Drive -Through X X X X X
Industrial and Manufacturing Uses
Artisan Manufacturing/Makers Space X X X X X
Brewery/Distillery/Winery - without
tasting room or > 10,000 sf X X X X X
Brewery/Distillery/Winery - with
tasting room and <10,000 sf X X X X X
Construction and Materials Yards X X X X X
Food or Beverage Manufacturing X X X X X
Hazardous Materials/Wholesale Fuel
Storage and Distribution X X X X X
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RESIDENTIAL ZONES
Use1 DE-1 DET - 3 SN-4 SN-8 MH Additional/Specific Use
Regulations
Indoor Warehousing, Storage,
Wholesaling, and Distribution X X X X X
Manufacturing/Processing, Heavy X X X X X
Manufacturing/Processing, Light X X X X X
Mining/Resource Extraction X X X X X
Outdoor Storage (Primary Use) X X X X X
Outdoor Storage (Accessory) X X X X X
Salvage and Wrecking Yards X X X X X
Lodging
Bed and Breakfast CUP CUP AUP AUP X
Lodging - Extended Stay X X X X X
Lodging - Hotels X X X X X
Lodging - Motels X X X X X
Lodging - Timeshares X X X X X
Recreation, Education, and Public Assembly Uses
Campground, Temporary TUP TUP TUP TUP TUP See Chapter 4.26 (Temporary Uses)
Cemeteries, Crematories, or
Mausoleums CUP CUP X X X
Civic/Government CUP CUP CUP CUP X
College/University CUP CUP CUP CUP X
Commercial Recreation and Sports,
Indoor X X X X X
Commercial Recreation and Sports,
Outdoor AUP AUP AUP AUP X
Community Assembly, Up to 5,000 sf
(gross sf) P P P P X
Community Assembly, > 5000 sf -
12,000 sf (gross sf) AUP AUP AUP AUP X
Community Assembly, >12,000 sf (gross
sf) CUP CUP CUP CUP X
Cultural Institutions CUP CUP CUP CUP X
Day Care Centers AUP AUP AUP AUP X
See Chapter 4.08 (Child Day Care
in a Home (Small and Large) and
Day Care Centers)
Instructional Services, <= 5000 sf X X X X X
Instructional Services, > 5000 sf X X X X X
Open Space, Natural P P P P P
Parks and Recreation Facilities P P P P P
Public Service Facility AUP AUP AUP AUP X
Recreational Vehicle (RV) Park X X X X X
Schools, Public or Private (TK-12) X X CUP CUP X
Social Service Facilities X X CUP CUP X
Tutoring Facilities X X X X X
Vocational/Trade School X X CUP CUP X
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RESIDENTIAL ZONES
Use1 DE-1 DET - 3 SN-4 SN-8 MH Additional/Specific Use
Regulations
Residential Uses
Accessory Dwelling Unit (ADU) and
Junior Accessory Dwelling Unit (JADU) A A A A A See Chapter 4.02 (Accessory Dwelling Units)
Caretaker's Unit X X X X A
Child Day Care in a Home, Large AUP AUP AUP AUP AUP
See Chapter 4.08 (Child Day Care
in a Home (Small and Large) and
Day Care Centers)
Child Day Care in a Home, Small P P P P P
See Chapter 4.08 (Child Day Care
in a Home (Small and Large) and
Day Care Centers)
Cottage Industry A, AUP A, AUP A, AUP A, AUP A, AUP See Chapter 4.11 (Cottage Industry)
Emergency Shelter X X X X X
Group Residential Home AUP AUP AUP AUP X
Home Occupation A A A A A See Chapter 4.14 (Home
Occupations)
Cottage Food Operation A, AUP A, AUP A, AUP A, AUP A, AUP See Chapter 4.10 (Cottage Food Operations)
Live/Work AUP AUP AUP AUP X See Chapter 4.15 (Live/Work) Manufactured/Mobile Home Park X X X X P See Chapter 4.16 (Manufactured/ Mobile Home Park)
Residential Care Facilities, Large CUP CUP CUP CUP X
Residential Care Facilities, Small P P P P X
Residential Housing Types
Single-Family Dwelling, Detached P P P P X
Single-Family Dwelling, Attached X X P P X
Two-Family Dwelling/Duplex X X P P X
Multi-Family Dwelling, Triplex/
Quadplex X X P P X
Multi-Family Dwelling, ≥ 5 Units X X X P X
Mobile Home X X X X P See Chapter 4.16 (Manufactured/
Mobile Home Park)
Manufactured/Modular/
Prefabricated Dwelling Unit P P P P P See Chapter 4.16 (Manufactured/ Mobile Home Park)
Single-Room Occupancy X X X X X
Supportive Housing X X CUP CUP X
Transitional Housing X X CUP CUP X
Yard Sales (Temporary) P P P P P See Chapter 4.26 (Temporary Uses)
Retail, Service, and Office Uses
Adult-Oriented Business X X X X X
Alcohol Sales, Off-Sale X X X X X
Animal Sales and Services X X X X X
ATM (Accessory) X X X X X
Bail Bonds X X X X X
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RESIDENTIAL ZONES
Use1 DE-1 DET - 3 SN-4 SN-8 MH Additional/Specific Use
Regulations
Banks, Financial, and Savings and Loan
Institutions
X X X X X
Building Materials Sales and Services X X X X X
Business to Business Support Services X X X X X
Check-Cashing Businesses X X X X X
Convenience Market X X X X X
Food Preparation, Commercial X X X X X
Fortunetelling, Palm and Card Reading X X X X X
Funeral Homes and Mortuaries X X X X X
General Retail ≤ 5,000 sf X X X X X
General Retail 5,000 sf - 25,000 X X X X X
General Retail/Superstore > 25,000 X X X X X
Grocery Store X X X X X
Hospital X X X X X
Kennels/Boarding, Commercial X X X X X
Kiosk/Outdoor Vending X X X X X
Laundromat X X X X X
Massage Establishment, Accessory X X X X X
Massage Establishment, Stand-Alone X X X X X
Medical Services, Extended Care X X X X X
Medical Services, Medical/Dental/
Holistic/Clinic X X X X X
Medical Services, Urgent Care X X X X X
Mini-Storage Warehousing or Facility X X X X X
Neighborhood Market X X CUP AUP X
Nursery/Garden Center CUP CUP X X X
Offices, Processing X X X X X
Offices, Professional/Administrative X X X X X
Offices, Service X X X X X
Outdoor Display X X X X X
Pawnshop X X X X X
Personal Services X X X X X
Research and Development X X X X X
Smoke Shops X X X X X
Smoking Lounge X X X X X
Swap Meet, Outdoor X X X X X
Tattoo/Body Art/Piercing X X X X X
Resale/Consignment/Thrift Shop X X X X X
Veterinary Hospitals X X X X X
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RESIDENTIAL ZONES
Use1 DE-1 DET - 3 SN-4 SN-8 MH Additional/Specific Use
Regulations
Utility, Transportation, and Communication Uses
Airports and Heliports X X X X X
Communications, Facilities within
Buildings X X X X X
Communications, Telecommunications/
Large Commercial Antennas AUP/CUP AUP/CUP AUP/CUP AUP/CUP X An AUP or CUP is required,
depending on the design and
height of the large commercial
antenna, as regulated by Section
4.25.04 (Large Commercial
Antennas).
Communications, Telecommunications/
Small Wireless Facilities P P P P P
See Chapter 4.25
(Telecommunications/Wireless
Facilities)
Freight/Trucking Facility X X X X X
Light Fleet-Based Services X X X X X
Mobile Recycling Unit (Accessory) X X A, AUP A, AUP A, AUP Parking Lots and Structures X X X X X
Passenger Transportation Facilities X X X X X Bus stops are allowed in all zones.
Public Utilities, Major CUP CUP X X X
Public Utilities, Minor AUP AUP AUP AUP AUP
Renewable Energy System (Primary
Use) X X X X X
Renewable Energy System, BuildingMounted (Accessory) A A A A A Renewable Energy System, Stand-Alone
or Ground Mounted (Accessory) A, CUP A, CUP A, CUP A, CUP A, CUP Recycling Collection Facility X X X X X
Recycling Processing Facility X X X X X
Reverse Vending Machine (Accessory) X X X X X
Utility Yard X X X X X
Notes:
1. Uses shall be consistent with criteria of the Bermuda Dunes Airport Compatibility Plan, including applicable County-wide criteria as may exist at the time of project review. If the project is located in the Bermuda Dunes Airport Influence Areas, compatibility zones and regulations apply. Please see Riverside County Airport Land Use Commission Staff (www.rcaluc.org) and Indio Planning Staff for the most up-to-date regulations.
2. Permitted use on any lot containing a single-family residence, including a legal nonconforming single-family residence, provided the use complies with Section 4.03 (Animal Keeping).
3. Permitted only on lots greater than 20,000 square feet.
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2.02.03. Development Regulations
Table 2.02.03-1 prescribes the development standards for the residential zones. Additional regulations are also denoted in the righthand column. Section numbers in this column refer to other sections of this Code.
Table 2.02.03–1: Development Standards – Residential Zones ZONES
Standards DE-1 DET - 3 SN-4 SN-8 MH Additional Regulations Lot and Density Standards1
Density (units/acre)
Minimum 0 0 0 > 4.0 - Applies to new development
only.
Maximum 1.0 3.0 4.0 8.0
10 mobile
home spaces/
gross acre
See Indio Municipal Code
Chapter 154 (Density Bonuses
and Other Incentives for Low
Income and Senior Housing)
Minimum Lot Size (sf) 40,000 10,000 6,600 4,500 10 acres Minimum Lot Width (ft)2 100 80 60 40 40
Minimum Lot Depth (ft) 200 100 80 80 80
Maximum Lot Coverage
(% of lot) 30 40 50 60 70
Building Form and Location
Maximum Height (ft) -
Primary Building
25 or 2
stories,
whichever
is less
25/2
stories
30 30
25 or 2
stories,
whichever is
less
Projects must comply with
both stories and overall height
maximums. See Section
3.01.03 (Measuring Heights)
Maximum Height (ft)
- Primary Building w/
Architectural Features
35 35 40 40 - See Section 3.01.03
(Measuring Heights).
Maximum Height (ft) -
Accessory Building 20 20 20 20 -
Minimum Distance
between Structures
Main structures and accessory structures shall be
located no closer than 6 ft to any other main structure or to another accessory structure, except as required by adopted Building or Fire Codes
-
Minimum Setbacks (ft) - Primary Structure
Front (primary frontage) 25 20 15 10
5 ft along
exterior
property lines
abutting a
public street
For new single-family attached
and detached dwelling units,
front-loaded garages shall
be set back at minimum 5 ft
behind the front facade.
Street Side (corner lots) 25 20 15 10
Interior Side 20 15 5 5
Only applies to detached
single-family dwellings and
the ends of attached singlefamily dwellings.
Interior Side - Zero Lot
Line/Common Wall
Developments
- - -
10 ft minimum on
one side of the
dwelling unit, and
no setback required
on the opposite side
See Section 2.02.04.A (Zero
Lot Line Option).
Rear 40 25 15 15
Alley 5 5 5 5
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ZONES
Standards DE-1 DET - 3 SN-4 SN-8 MH Additional Regulations Parking Frontage
Maximum Parking
Frontage on a
Public Street (for
new residential
development)
- - - 60% -
Garage doors that face the
street shall not occupy more
than 60% of the width of any
street-facing building facade.
This limitation does not apply
to frontages along alleys.
Open Space Standards
Minimum Open Space - - -
300 sf total per
unit, of which 150
must be private
-
Setback areas are not
considered usable open space
unless they are at least 20
feet wide. Minimum private
open space is 6 feet in either
direction.
Minimum Required
Front Yard Landscaped
Area
40% of the Minimum Required Front Yard Area, of which
half must be planted with live plant material 15% of site See Section 3.02.09 (Landscaping)
Other Standards
Accessory Structures In the DE-1 zone, stables and barn yards shall be set back at minimum 50 ft from all property lines. See Section 3.02.04 (Accessory Structures) for additional regulations for accessory structures.
Setbacks and
Encroachments See Section 3.02.03 (Setbacks and Encroachments) Utilities, Service Areas,
and Building Equipment See Section 3.02.07 (Utilities, Service Areas, and Building Equipment) Refuse and Recycling See Section 3.02.08 (Refuse and Recycling) Landscaping See Section 3.02.09 (Landscaping)
Fences, Walls, and
Screening See Section 3.02.10 (Fences, Walls, and Screening) Outdoor Lighting See Section 3.02.11 (Outdoor Lighting) Parking and Loading See Chapter 3.03 (Parking and Loading) Performance Standards See Chapter 3.04 (Performance Standards) Signs See Chapter 3.05 (Sign Regulations)
Animal Provisions See Chapter 4.03 (Animal Keeping)
1. Densities and intensities shall be consistent with criteria of the Bermuda Dunes Airport Compatibility Plan, including applicable County-wide criteria as may exist at the time of project review. If the project is located in the Bermuda Dunes Airport Influence Areas, compatibility zones and regulations apply. Please see Riverside County Airport Land Use Commission Staff (www.rcaluc. org) and Indio Planning Staff for the most up-to-date regulations.
2. No site shall have less than the required lot width as prescribed in the applicable land use district, except lots fronting on culde-sac or knuckle streets may have 35 feet of frontage.
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2.02.04. Supplemental Standards
New single-family structures and alterations to existing single-family structures shall comply with the supplemental standards in this Section.
A. Zero Lot Line Option.
1. All or part of the setback requirements of interior yards along property lines adjoining other private lots may be waived with the written approval of the City and the property owner of the lot adjoining the yard which is being encroached upon. This written agreement shall take the form of a zero lot line agreement which shall be recorded on the chain of title of both properties involved. The zero lot line agreement shall describe in detail the extent of said waiver. Zero lot line agreements may be executed between private property owners only. Swimming pools are not eligible for zero lot line agreements.
2. Approval of a zero lot line agreement shall be subject to the following requirements:
a. All building and fire code requirements resulting from the waiver of the setback requirement shall be met by the construction;
b. Approval shall be obtained from the fire chief to ensure that adequate fire-fighting access is retained; and
c. Where the setback is reduced to less than three feet, a maintenance access easement of five feet in width shall be provided on the adjoining property.
B. Services and Utilities.
1. Utilities.
All new utility boxes and equipment and utility connections shall be undergrounded unless otherwise prohibited by the utility provider (e.g., water backflow prevention device that must be placed above ground) or the City Engineer grants an exemption following his/her determination that such undergrounding is not practicable.
2. Location of Above-ground Utilities and Service Areas.
All above-ground utilities and equipment (e.g., electric and gas meters, fire sprinkler valves, irrigation backflow prevention devices, etc.) shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience and neighboring properties by following the standards below. For refuse and recycling standards, see Section 3.02.08 (Refuse and Recycling). a. Utilities and equipment shall be located on non-primary street frontages, alleys, parking areas, and/or at the rear or side of buildings.
b. Utilities and equipment shall not be located within the front or street side setback area of the lot or development site.
c. Utilities and equipment shall be screened from view per Subsection B.3 below.
3. Service, Utility, and Equipment Screening.
Screening of utilities and equipment shall meet the following standards:
a. Screening shall be equal to or higher than the height of the equipment to be screened. b. Screening shall be made of a primary exterior finish material used on other portions of the residential unit, architectural grade wood or masonry, metal, or landscape screening that forms an opaque barrier when planted.
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Article 2 | ZONE REGUL ATION S
2.03. MIXED-USE ZON ES
2.03.01. Purpose + Intent
The purposes of the mixed-use zones are to:
A. Provide opportunities for a mix of complementary uses that may combine residential and nonresidential uses or combine a variety of nonresidential uses on the same site; B. Provide for the orderly, well-planned, and balanced development of mixed-use zones; C. Provide for a range of multi-family housing types
consistent with the General Plan;
D. Encourage missing middle housing types;
E. Provide appropriately located commercial areas
and neighborhood centers that provide a variety of
goods and services for residents, employees, and
visitors;
F. Promote accessibility, business development, and a
unified character; and
G. Promote pedestrian-oriented, mixed-use
development at appropriate locations, including
major corridors, thoroughfares, and districts in the
city.
Additional purposes of each mixed-use zone are as follows:
I. Connected Neighborhoods – 14 (CN-14).
The Connected Neighborhoods – 14 (CN-14) zone provides a range of intensities and housing choices within a walkable neighborhood setting in close proximity to goods and services that meet daily needs. Appropriate housing types include single-family detached and attached dwellings of various sizes, courtyard apartments and condos, and small-sized multi-family buildings designed to promote neighborhood compatibility with densities up to 14 dwelling units per acre. Small-scale non-residential uses may be incorporated in the form of live-work units and corner shops, primarily along mixed-use corridors or at the edges of centers. This zone implements the Connected Neighborhoods General Plan land use designation.
Missing Middle Housing
The Missing Middle Housing types provide diverse
housing options, such as duplexes, fourplexes,
cottage courts, and multiplexes. These house-scale
buildings fit seamlessly into existing residential
neighborhoods and support walkability, locallyserving retail, and public transportation options.
They provide solutions along a spectrum of
affordability to address the mismatch between
the available U.S. housing stock and shifting
demographics combined with the growing demand
for walkability.
Source: https://missingmiddlehousing.com
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J. Connected Neighborhoods – 20 (CN-20).
The Connected Neighborhoods – 20 (CN-20) zone provides a range of intensities and housing choices within a walkable neighborhood setting in close proximity to goods and services that meet daily needs. Appropriate housing types include single-family attached dwellings of various sizes, courtyard apartments and condos, and medium-sized multi-family buildings designed to promote neighborhood compatibility with densities up to 20 dwelling units per acre. Small-scale non-residential uses may be incorporated in the form of live-work units and corner shops, primarily along mixed-use corridors or at the edges of centers. This zone implements the Connected Neighborhoods General Plan land use designation.
K. Neighborhood Center (NC).
The Neighborhood Center (NC) zone provides for areas with a variety of neighborhood-serving retail and commercial uses, housing of various types, other neighborhood-serving amenities, and community-gathering spaces for residents. It is intended primarily to create mixed-use neighborhood centers at key locations throughout the city. It allows vertical and horizontal mixed-use development and stand-alone retail, general commercial, services, office, live/work, and entertainment uses, with multi-family residential as a secondary or supporting use. This zone implements the Neighborhood Center General Plan land use designation.
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Article 2 | ZONE REGUL ATION S
L. Mixed-Use Neighborhood (MUN).
The Mixed-Use Neighborhood (MUN) zone provides moderate- to higher-intensity neighborhood development that features a variety of multifamily housing choices and limited neighborhood-serving commercial uses in a walkable environment. It allows commercial development along major streets and adjacent to a neighborhood center. Buildings may include a variety of housing types up to three stories, with mixed-use buildings up to three stories focused at key intersections, along main corridors, and/or adjacent to neighborhood centers and public open spaces. This zone is intended to accommodate uses that provide essential daily services and retail needs, as well as recreational amenities within walking distance of surrounding neighborhoods. Non-residential uses include live-work units, small-scale neighborhood-serving retail, general commercial, service, and office uses. This zone implements the Mixed-Use Neighborhood General Plan land use designation.
M.Midtown (MT).
The Indio General Plan lays out a new future for the Highway 111 corridor centered on creating a walkable, mixed use-district in the vicinity of Indio Grand Marketplace (former Indio Fashion Mall). Close to and connected to the historic Downtown and County Fairgrounds, this “Midtown District” will serve as both a center of commerce and a gateway to the City’s festivals. The General Plan Midtown land use designation is implemented through the Midtown (MT) zone, which provides for an active, mixed-use center in the City’s Midtown neighborhood by allowing multi-story, mixed-use buildings at higher intensities, community gathering spaces, and land uses to support residents and visitors. It provides for vertical and horizontal mixed-use development with residential densities up to 40 dwelling units per acre.
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2.03.02. Land Use Regulations
The land uses allowed in the mixed-use zones are listed below, together with the planning permit type required for each use. For allowed uses and development regulations for Downtown Indio, refer to the Downtown Specific Plan (provided in Appendix A). Numeric notes can be found at the end of the table.
Table 2.03.02–1: Allowed Uses – Mixed-Use Zones
P = Permitted; AUP = Administrative Use Permit; CUP = Conditional Use Permit; TUP = Temporary Use Permit; A-U = Accessory Use; X = Not Permitted
MIXED-USE ZONES
Use1 CN-14 CN-20 NC MUN MT Additional/Specific Use
Regulations
Agriculture and Animal Keeping Uses
Agricultural Support, Sales, Service, and
Storage
X X X X X
Aquaculture X X X X X
Animal Husbandry and Production X X X X X
Animal Raising and Keeping, Exotic X X X X X
Animal Raising and Keeping, Domestic Pets A A A A A See Chapter 4.03 (Animal Keeping) Animal Raising and Keeping, Horses X X X X X
Animal Raising and Keeping, Large Livestock X X X X X
Animal Raising and Keeping, Small Livestock,
Poultry, and Beekeeping X X X X X
Backyard Breeding X X X X X
Community Garden P P P P A
Crop Production X X X X X
Greenhouse, Private A A A A A
Horticultural Production X X X X X
Kennels, Private/Hobby X X X X X
Private Garden A A A A A
Stable/Equestrian Facility, Commercial/Public X X X X X Stable/Equestrian Facility, Hobby/Private X X X X X
Automobile and Vehicle Uses
Auto and Vehicle Rental X X CUP CUP CUP See Chapter 4.04 (Automotive Service and Repair/Fueling Stations)
Auto and Vehicle Sales, New X X X X X
Auto and Vehicle Sales, Used X X X X X
Auto and Vehicle Sales and Rental, Large
Vehicles and Equipment X X X X X
Auto and Vehicle Services and Repair – Major X X X X X
Auto and Vehicle Services and Repair – Minor X X CUP CUP X See Chapter 4.04 (Automotive Service and Repair/Fueling Stations)
Auto and Vehicle Towing/Impounding X X X X X
Auto and Vehicle Washing and Detailing X X X X X
Auto and Vehicle Wrecking/Dismantling X X X X X
Fueling Stations X X CUP CUP CUP See Chapter 4.04 (Automotive Service and Repair/Fueling Stations)
Truck Stop/Fueling Station X X X X X
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Article 2 | ZONE REGUL ATION S
MIXED-USE ZONES
Use1 CN-14 CN-20 NC MUN MT Additional/Specific Use
Regulations
Cannabis Related Uses
Cannabis Cultivation, Commercial X X X X X See Chapter 4.06 (Cannabis Activity) Cannabis Cultivation, Personal P P P P P
Personal indoor cultivation of 6 or
fewer live cannabis plants within a
single private residence or inside an
accessory structure located upon the
grounds of a private residence that is a
fully enclosed and secure structure is
permitted per Chapter 4.06 (Cannabis
Activity). Outdoor personal cultivation
of live cannabis plants is prohibited.
Cannabis Logistics, Distribution, and
Transportation Facility X X X X X
Cannabis Manufacturing X X X X X
Cannabis Retailer, Microbusiness, or
Dispensary P P P P P See Chapter 4.06 (Cannabis Activity) Cannabis Testing Laboratory X X X X X
Eating and Drinking Establishments and Entertainment Uses Bar/Nightclub/Lounge X X AUP P P
Brewpub/Taproom/Wine Bar/Microdistillery X X AUP P P
Cinema/Theater/Performing Arts Center X X AUP AUP P
Drive-Through, Non-Restaurants (Accessory) X X A, AUP A, AUP X See Chapter 4.12 (Drive-Through Uses) Live Entertainment as Accessory Use, Indoors
(Accessory) X X A A A
Live Entertainment as Accessory Use,
Outdoors (Accessory) X X TUP, A,
AUP
TUP, A,
AUP
TUP, A,
AUP
Regular outdoor events as an
accessory use require an AUP. Sporadic
events require a TUP (See Chapter 4.26
((Temporary Uses)).
Outdoor Dining (Accessory) A A A A A
Outdoor Entertainment X X CUP CUP CUP
Restaurant, Dine-In and Take-Out AUP AUP P P P
Restaurant, Drive -Through X X CUP CUP X See Chapter 4.12 (Drive-Through Uses) Industrial and Manufacturing Uses
Artisan Manufacturing/Makers Space X X AUP AUP AUP
Brewery/Distillery/Winery - without tasting
room or > 10,000 sf X X X X X
Brewery/Distillery/Winery - with tasting
room and <10,000 sf X X AUP AUP AUP
Construction and Materials Yards X X X X X
Food or Beverage Manufacturing X X X X X
Hazardous Materials/Wholesale Fuel Storage
and Distribution X X X X X
Indoor Warehousing, Storage, Wholesaling,
and Distribution X X X X X
Manufacturing/Processing, Heavy X X X X X
Manufacturing/Processing, Light X X X X X
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MIXED-USE ZONES
Use1 CN-14 CN-20 NC MUN MT Additional/Specific Use
Regulations
Mining/Resource Extraction X X X X X
Outdoor Storage (Primary Use) X X X X X
Outdoor Storage (Accessory) X X X X X
Salvage and Wrecking Yards X X X X X
Lodging
Bed and Breakfast P P X X X
Lodging - Extended Stay X X X AUP AUP
Lodging - Hotels X X P P P
Lodging - Motels X X AUP AUP CUP
Lodging - Timeshares X X X X X
Recreation, Education, and Public Assembly Uses
Campground, Temporary X X X X X
Cemeteries, Crematories, or Mausoleums X X X X X
Civic/Government AUP AUP AUP P P
College/University CUP CUP CUP CUP CUP
Commercial Recreation and Sports, Indoor AUP AUP P P P
Commercial Recreation and Sports, Outdoor AUP AUP P X X Community Assembly, Up to 5,000 sf (gross
sf) P P P P P
Community Assembly, > 5000 sf - 12,000 sf
(gross sf) AUP AUP P P P
Community Assembly, >12,000 sf (gross sf) CUP CUP CUP CUP CUP Cultural Institutions AUP AUP AUP AUP AUP
Day Care Centers P P P P P
See Chapter 4.08 (Child Day Care in a
Home (Small and Large) and Day Care
Centers)
Instructional Services, <= 5000 sf P P P P P
Instructional Services, > 5000 sf X X AUP AUP P
Open Space, Natural P P P P P
Parks and Recreation Facilities P P P P P
Public Service Facility AUP AUP AUP P P
Recreational Vehicle (RV) Park CUP CUP X X X See Chapter 4.21 (Recreational Vehicle (RV) Parks)
Schools, Public or Private (TK-12) AUP AUP AUP AUP AUP
Social Service Facilities CUP CUP CUP CUP CUP
Tutoring Facilities AUP AUP P P P
Vocational/Trade School CUP CUP CUP CUP AUP