Indio City Council
September 21, 2022

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made available to the Chief of Police upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the Cannabis Business and shall be capable of enlargement via projection or other means. Internet Protocol address information shall be provided to the Police Department by the Cannabis Business, to facilitate remote monitoring of security cameras by the Department or its designee. Each business shall have network security protocols that are certified by Underwriters Laboratories. (5) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
(6) Panic buttons shall be installed in all Cannabis Businesses with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.
(7) Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services. The permittee shall be required to obtain an alarm permit from the Police Department.
(8) Any security measures, such as bars, installed on the windows or the doors of the Cannabis Business shall be installed only on the interior of the building. (9) Security personnel shall be on-site 24 hours a day or alternative security as authorized by the City Manager and must have a security patrol when closed.

Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, with such approval not to be unreasonably withheld. (10) Each Cannabis Business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. (11) Each Cannabis Business shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.
(12) Each Cannabis Business shall demonstrate to the Chief of Police, City Manager or their designees, compliance with the state’s track and trace system for cannabis and cannabis products.
(13) Each Cannabis Business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the

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inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories. (14) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises. (15) Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
(B) Each Cannabis Business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the Cannabis Business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager upon request that meets the following requirements:
(1) Confirms that a designated Manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. (2) Identifies all Managers of the Cannabis Business and their contact phone numbers. (3) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
(5) Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the Cannabis Business, the parking lot, any adjacent property under the business’ control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing. (C) As part of the application and licensing process each Cannabis Business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency. (D) The Cannabis Business shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.
(E) A Cannabis Business shall notify the City Manager within twenty-four (24) hours after discovering any of the following:

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(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager. (2) Diversion, theft, loss, or any criminal activity involving the Cannabis Business or any agent or employee of the Cannabis Business.
(a) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the Cannabis Business.
(b) Any other breach of security.
(F) Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
123.36 Fees and Charges.
(A) No person may commence or continue any cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a Cannabis Business. Fees and charges associated with the operation of a cannabis activity shall be established by resolution of the City Council which may be amended from time to time. (B) All Cannabis Businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, permit, registration, and other fees required under federal, state, and local law. Each Cannabis Businessshall cooperate with the City with respect to any request to audit the Cannabis Business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period. (C) Prior to operating in the City and as a condition of issuance of a permit, the operator of each cannabis facility shall enter into an operational and/or community benefit agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.
123.37 General Operating Requirements.
(A) Cannabis Businesses may operate only during the hours specified in the Cannabis Business Permit issued by the City.

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(B) Restriction on Sales and Consumption. Cannabis shall not be consumed by any person on the premises of any Cannabis Business. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the Cannabis Business.
(C) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a Cannabis Business Permit, or on any of the vehicles owned or used as part of the Cannabis Business. No outdoor storage of cannabis or cannabis products is permitted at any time. (D) Reporting and Tracking of Product and of Gross Sales. Each Cannabis Business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the Cannabis Businessincluding, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The Cannabis Business shall ensure that such information is compatible with the City ’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the permittee.
(E) All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the State and local regulations.
(F) Emergency Contact. Each Cannabis Business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. (G) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a Cannabis Business shall conform to the requirements of Chapter 150 Billboards and Signs, including, but not limited to, seeking the issuance of a City sign permit.
(2) No signs placed on the premises of a Cannabis Business shall obstruct any entrance or exit to the building or any window.
(3) Each entrance to a Cannabis Business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the Cannabis Business is prohibited. (4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the

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services or the products offered. No Cannabis Business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the Cannabis Business or elsewhere including, but not limited to, the public right-of-way.
(5) Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time. (6) In accordance with state law and regulations or as stipulated in the City’s Cannabis Business Permit, holders of a Cannabis Business Permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any Cannabis Business located in the city limits utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a Cannabis Business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways. (H) Minors.
(1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a Cannabis Business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a Cannabis Business who is not at least twenty-one (21) years of age.
(2) The entrance to the Cannabis Business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the Cannabis Business.
(3) Notwithstanding Section 123.37(h)(1), persons aged 18 to 20 years shall be allowed on the premises of a Cannabis Business if they can produce a physician’s recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that isthe subject of the physician’s recommendation.
(I) Odor Control. Odor control devices and techniques shall be incorporated in all Cannabis Businesses to ensure that odors from cannabis are not detectable off-site. Cannabis Businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the Cannabis Business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the Cannabis Business. As such, Cannabis Businesses must install and maintain the following equipment, or any

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other equipment which the Community Development Director or his/her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the Cannabis Business’s interior and exterior, so that the odors generated inside the Cannabis Business are not detectable on the outside of the Cannabis Business. (J) Display of Permit and City Business License. The original copy of the Cannabis Business Permit issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the Cannabis Business in a location readily visible to the public. (K) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner or employee must submit fingerprints and other information deemed necessary by the Chief of Police or his/her designee(s) for a background check by the City of Indio Police Department.

Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a Cannabis Business or be allowed to work in a Cannabis Business unless they have first cleared the background check, as determined by the Chief of Police or his/her designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Indio to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a Cannabis Business Permit is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant.
(L) Loitering. The owner and/or operator of a Cannabis Business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.

The Cannabis Business shall notify the Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner. (M) Permits and other Approvals. Prior to the establishment of any Cannabis Business or the operation of any such business, the person intending to establish a Cannabis Business must first obtain all applicable planning, zoning, building, and other applicable permits

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from the relevant governmental agency which may be applicable to the zoning district in which such Cannabis Business intends to establish and to operate pursuant to Section 123.32 and all applicable requirements in this Chapter. (N) Each cannabis operator shall establish minimum training standards for all employees. The City Manager shall have the discretion to require other training for the business operations should the City identify deficiencies or non-compliance issues with City or state requirements.
123.38 Operating Requirements for Store Front Retail Facilities. (A) No more than the number of cannabis retailers adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City. (B) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer’s possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Marijuana Card). For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products. (C) Individuals must show their government-issued identification, and, in the case of medical cannabis facilities, their physician’s recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor’s recommendation or cannabis card must also be shown at the point-of-sale station at the time of purchase.

Doctor recommendations are not to be obtained or provided at the retail location. (D) Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if authorized by the Chief of Police. (E) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
(F) All restroom facilities shall remain locked and under the control of management. (G) Permitted Store Front Retailers are authorized to conduct cannabis sales by delivery, pursuant to the requirements set forth in Section 123.40. (H) Retailers authorized to conduct retail activities shall only serve customers who are within

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the permitted premises, or at a delivery address that meets the requirements of this division.
(1) The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises. (2) Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle. (3) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
(4) All cannabis goods sold by a retail business shall be contained in child-resistant packaging.
(5) Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
(6) A retail permittee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the permitted retail premises. All security personnel hired or contracted for by the permittee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Division 3 of the Business and Professions Code. (I) Access to Retailer Premises.
(1) Access to the premises of a retail permittee shall be limited to individuals who are at least 21 years of age.
(2) Notwithstanding Section 123.37 (h)(1), individuals who are at least 18 years of age and in possession of a valid physician’s recommendation shall be granted access to the premises of a retail permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician’s recommendation. (I) Authorized Sales. A retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician’s recommendation. Medicinal cannabis sales to individuals 21 years of age and older are unrestricted.

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(J) Limited Access Areas. A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager, Chief of Police, or their designees upon request. (K) Operating hours of the Store Front Retailer Permit shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
(L) Store Front/Retail Security Requirements. All provisions incorporated within Section 123.35 of this Code (Security Measures), are directly applicable to and binding on all Cannabis Businesses, including all Store Front/Retail businesses. 123.39 Operating Requirements for Non-Store Front Retail (Delivery-Only) Facilities. (A) No more than the number of Non-Store Front Retailers adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City. (B) A non-storefront retailer permittee shall be authorized to conduct retail sales exclusively by delivery. The permitted premises of a non-storefront retailer permittee shall be closed to the public.
(C) A non-storefront retailer permittee shall comply with all the requirements applicable to retailer permittees, except for those provisions related to public access to the permitted premises and the retail area.
(D) Operating hours of the Non-Store Front Retailer Permit shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
123.40 Store Front and Non-Store Front Retail Delivery Requirements. (A) Prior to providing cannabis goods to a delivery customer, operators are required to verify the age and the necessary documentation of each customer. They must ensure that medical customers are at least eighteen (18) years of age and verify that the customer has a valid doctor’s recommendation. In the case of adult-use customers, they must verify that the customer is at least twenty-one (21) years of age. Sales shall only be made to persons matching these criteria.
(B) Retail delivery services shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.

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(C) Prior to commencing delivery operations, a cannabis Retailer and cannabis Non-Store Front Retailer shall provide the following information to the City:
(1) Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
(2) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
(3) Proof of insurance as required in Section 123.33(b) for any and all vehicles being used to deliver cannabis goods.
(4) The permittee shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods.
(5) The permittee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days. 123.41 Operating Requirements for Out-of-City Delivery Services. (A) All Cannabis Businesses which conduct deliveries into or within the City of Indio shall be required to obtain a permit from the City of Indio in order to conduct retail sales regardless of whether they are located in the City or another local jurisdiction. (B) Prior to commencing operations, a cannabis out-of-City delivery service shall comply with the following requirements:
(1) Obtain from the City a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers. (2) The retail business operating the delivery service shall provide the City Manager with evidence of a valid state and local license for a Cannabis Business on whose authorization the delivery service is performing the delivery function. (3) The retail business operating the delivery service shall furnish to the City Manager the year, make, model, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods. (C) Operating hours of the Out-of-City Delivery Service shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.

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123.42 Permissible Delivery Locations and Customers.

Cannabis delivery businesses permitted to engage in delivery of cannabis and cannabis products inside the City of Indio are subject to the following requirements:
(A) A permitted Cannabis Business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency. (B) A permitted Cannabis Business shall comply with all requirements of state and local law pertaining to the Cannabis Business Permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to in order to enforce this Chapter.
(C) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter.
123.43 Promulgation of Regulations, Standards and Other Legal Duties. (A) In addition to any regulations adopted by the City Council, the City Manager is authorized to establish administratively any additional rules, regulations and standards governing the issuance, denial or renewal of Cannabis Business Permits, the ongoing operation of Cannabis Businesses and the City 's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter. (B) Regulations shall be published on the City ’s website. (C) Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis Businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.
123.44 Community Relations.
(A) Each Cannabis Business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the Cannabis Business can be provided. Each Cannabis Business shall also provide the above information to all businesses and residences located within one hundred (100) feet of the Cannabis Business.
(B) During the first year of operation pursuant to this Chapter, the owner, manager, and community relations representative from each Cannabis Business holding a permit issued pursuant to this Chapter shall attend meetings with the City Manager, and other

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interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter. After the first year of operation, the owner, manager, and community relations representative from each such Cannabis Business shall meet with the City Manager when and as requested by the City Manager.
123.45 Fees Deemed Debt to the City.

The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City that is recoverable via an authorized administrative process as set forth in the City ordinance or in any court of competent jurisdiction.
123.46 Permit Holder Responsible for Violations.

The person to whom a permit is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the Cannabis Business whether or not said violations occur within the permit holder’s presence.
123.47 Inspection and Enforcement.
(A) The City Manager, or designee charged with enforcing the provisions of the City of Indio Municipal Code, or any provision thereof, may enter the location of a Cannabis Business at any time, without notice, and inspect the location of any Cannabis Business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.
(B) It is unlawful for any person having responsibility over the operation of a Cannabis Business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a Cannabis Business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a Cannabis Business under this Chapter or under state or local law.
(C) The City Manager, or designee charged with enforcing the provisions of this Chapter may enter the location of a Cannabis Business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City of Indio shall be logged, recorded, and maintained in accordance with established procedures by the City of Indio’s City Manager or these regulations.

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123.48 Violations declared a public nuisance.

Each and every violation of the provisions of this Chapter constitutes a misdemeanor and is hereby deemed unlawful and a public nuisance. The City reserves the right to pursue any available legal remedy to address violations of this Chapter. 123.49 No Vested Rights
No person(s) (including any Applicant, Owner, and/or Permittee) shall have any vested rights to any permit, right, and/or interest under this chapter, regardless of whether such person(s) sold, distributed, and/or otherwise engaged in acts related to the use of Cannabis prior to the adoption of the ordinance codified in this Chapter.”
SECTION 2. CEQA. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines Section 15378.

Adoption of the Ordinance does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment as it is an ordinance setting forth the regulatory process for cannabis permits.

SECTION 3. 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 4. 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 1st day of June 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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___________________________

WAYMOND FERMON, MAYOR
ATTEST:
__________________________

CYNTHIA HERNANDEZ

CITY CLERK
APPROVED AS TO FORM:
__________________________

ROXANNE DIAZ

CITY ATTORNEY

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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: Substantial Amendment to FY2021/2022 Annual Action Plan as necessary to reprogram $155,070.83 in unspent prior-year CDBG-CV1 Funds RECOMMENDATION:
1) Approve substantial amendment to the FY2021/2022 Annual Action Plan in order to reprogram $155,070.83 in unspent Community Development Block Grant-Coronavirus Round 1 (CDBG-CV1) Funds and fund the Coachella Valley Rescue Mission (CVRM), Martha's Village & Kitchen (MV&K), and FIND Food Bank (FIND) to provide services to individuals/households in Indio; 2) Authorize the City Manager to amend the existing subrecipient funding agreements with the CVRM, MV&K and FIND; and 3) Direct the Finance Department to make the necessary budget adjustments as reflected in the Financial Summary of the report.

SUMMARY:

Staff is seeking approval to reprogram $155,070.83 in unspent CDBG-CV1 Funds to provide additional financial support to CVRM, MV&K, and FIND to expand existing programs/services that prevent, prepare for and mitigate the impacts of COVID-19. The funding levels and programs/services to be provided are summarized in Table 1 of this staff report. The unspent funds are available for reprogramming as a result of Inland Counties Legal Services (ICLS) and Inland Fair Housing and Mediation Board (IFHMB) not spending their entire original allocations of CDBG-CV1 Funds during their respective funding contract terms that expired on June 30, 2022.

BACKGROUND INFORMATION:

On June 3, 2020, the City Council authorized the use of Community Development Block GrantCoronavirus Round 1 (CDBG-CV1) Funds for services provided by Inland Counties Legal Services (ICLS) and Inland Fair Housing and Mediation Board (IFHMB) in the initial amounts of $168,000 and $144,370, respectively, to assist Indio residents with COVID-19 related impacts. The services provided by ICLS included implementation of a Tenant Eviction Protection and Court Representation Program for tenants that had been impacted by COVID-19. IFHMB provided assistance to tenants who had been impacted by COVID-19 and were unable to pay their rent. IFHMB helped with landlord/tenant mediation to make rent repayment arrangements as well as to discuss tenant/landlord rights and responsibilities to affected tenants and landlords.

The funding agreements/contracts with these agencies originally expired on June 30, 2021. However, on October 6, 2021, the City Council held a public hearing as required to approve a Substantial Amendment to the Fiscal Year 2021/2022 Annual Action Plan that would allow the reinstatement of AGENDA ITEM #11.1
Substantial Amendment to FY2021/2022 Annual Action Plan as necessary to ... Page 1085 of 1610 the expired contracts. This allowed ICLS and IFHMB to provide continued needed services to Indio residents/tenants.

ICLS’s and IFHMB’s reinstated contracts expired on June 30, 2022. During the contract period with the City, ICLS provided legal aid services to 233 Indio tenants (households) who faced evictions and needed free legal aid and representation in matters pertaining to evictions, unlawful detainers and other legal housing related matters. Of the 233 households served, 111 households had been directly affected by COVID-19. During its contract period, IFHMB provided fair housing and tenant/landlord mediation services to 184 Indio residents that had been impacted by COVID-19 and needed services related to fair housing educations/enforcement and COVID-19 mediation and eviction protection information.

As of June 30, 2022, ICLS had spent $115,743 out of the original allocation of $168,000 (leaving $52,257 in unspent funds), and IFHMB had spent $41,556.17 out of the original allocation of $144,370 (leaving $102,813.83 in unspent funds). Staff is recommending that the City Council authorize the reprogramming of the available funds to fund CVRM, MV&K and FIND.

Both ICLS and IFHMB have indicated to City staff that it would be difficult to utilize the entire remaining allocation of City CDBG-CV1 funds because of the abundance of other less-restricted funding that is available to them from non-City funding sources. They also indicated that they will continue to provide services to Indio residents. IFHMB will also try to prioritize direct City referrals. With the expiration of national and state eviction and foreclosure moratoriums, ICLS and IFHMB anticipate an increase of calls for service which they believe they will be able to accommodate without the City funding. ICLS and IFHMB and City Staff will continue to assess the community needs related to foreclosures and evictions to ensure tenants receive attention and are protected.

As required by the CARES Act, the CDBG-CV1 Funds (and all subsequent rounds of CDBG-CV funding) are to be used to help prevent, prepare for, and/or mitigate Coronavirus related impacts. At this time, staff is recommending the City Council approve the Substantial Amendment to the FY21/22 Annual Action Plan authorizing the reprogramming in the total amount of $155,070.83 to fund the CVRM, MV&K and FIND programs/services as listed in Table 1 below. (Additionally, Attachments 1, 2 and 3 are the proposals received from these non-profits that provide the scope of services to be provided if approved.)
Table 1— Proposed Reprogramming of Unspent CDBG-CV1 Funds ($155,070.83)

Substantial Amendment to FY2021/2022 Annual Action Plan as necessary to ... Page 1086 of 1610 On May 4, 2022, the City Council approved the use of a third round of CDBG-CV Funds (known as CDBG-CV3 Funds) to fund CVRM, MV&K and FIND in the respective amounts of $27,000, $27,000, and $27,008.97 during current year (FY22/23). If the reprogramming is approved by the City Council as is being recommended, staff will increase the amount of funding to each agency by amending the respective current FY22/23 Subrecipient Funding Agreements. The reprogramming and amendment to the agreements will result in CVRM receiving a total of $78,690, MV&K receiving a total of $78,690, and FIND receiving a total of $78,699.80 in combined CDBG-CV1 and CDBG-CV3 funds for the year.

The funding agreements will expire June 30, 2023, unless extended by the City Council.

Public Review and Notification Process:

Federal CDBG-CV regulations allow the City to change projects/activities, increase/decrease the amount of funding to programs, or to reprogram funds as needed, as long as the proper citizen participation process is followed. This process includes providing sufficient notice to the public regarding the proposed amendments and holding a public hearing to consider public testimony. As required, a public hearing notice was published in The Desert Sun newspaper on September 15, 2022, in English and Spanish. This notice was published at least 5 days prior to the public hearing date in accordance with the HUD-approved City Citizen Participation Plan that governs the level and extent of notices needed for the City to process and the City Council to approve a Substantial Amendment.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$155,070.83 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective:

Substantial Amendment to FY2021/2022 Annual Action Plan as necessary to ... Page 1087 of 1610 Source of funds: Community Development Block
Grant Coronavirus Funds
Fund-Org-Object
Reference:
230
Additional Financial Details:

There is no impact to the General Fund with the approval of this agenda item. The anticipated expenditures associated with these CDBG-CV1 funded activities will be incorporated into the City’s FY 22/23 Budget within the Community Development Block Grant Coronavirus Round 1 (CDBG-CV1) Program Fund (FUND 230) upon approval of the report. The expenditures will be tracked by the use of Project Code “CD-CDBGCV1”. Because the CDBG-CV1 grant is a reimbursable grant program, the City will be reimbursed throughout the year as the City incurs expenses.

Increase estimated revenue:
230-402305 Community Development Block Grant $155,071
Increase appropriations:
230-540025 Aid to Public Service Agencies $155,071
ATTACHMENTS:

Attachment 1--CVRM Proposal/Scope of Services
Attachment 2--MV&K Proposal/Scope of Services
Attachment 3--FIND Proposal/Scope of Services
APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 12 Sep 2022 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

Substantial Amendment to FY2021/2022 Annual Action Plan as necessary to ... Page 1088 of 1610 8/24/22
Mr. Bryan Montgomery
City Manager, City of Indio
c/o Mr. Jesus Gomez, Housing Manager
100 Civic Center Mall
Indio, CA 92201
Dear. Mr. Montgomery,
The Coachella Valley Rescue Mission would first like to thank the City of Indio for this opportunity. CVRM has 220 shelter beds available 24/7 and 365 days a year. CVRM serves over 365,000 meals to the residents and general public living in the valley's east end. CVRM is always open to those who need recovery due to the loss of a job, home, health, emotional, mental, spiritual support, or physical or substance abuse.

CVRM is seeking support from the City of Indio of $50,000.00 to prevent, prepare and respond to the COVID-19 Pandemic. Half of the funding would support our food purchases for our meal service program in the amount of $25,000.00. Supply chain issues and the high cost of food have created a void in essential food items to provide a balanced meal as the USDA requires.

In addition, CVRM is struggling with the trickling in of COVID cases that stress our resources. CVRM staff and clients wear masks and self-distance following CDC protocols and the Riverside Counties EOC recommendations.

When a CVRM client or staff member presents with a positive test, we place them in a motel/hotel for five days.

While recovering from the virus, CVRM provides three meals a day to the hotel. The cost is between $1000.00 to $1500 per week. The second half, or $25,000.00, will provide 17 clients the ability to be quarantined to recover from the virus safely.

Sincerely
Darla Burkett, Executive Director
[email protected]
760-347-3512
Attachment A Page 5 of 7 AGENDA ITEM #11.1
Substantial Amendment to FY2021/2022 Annual Action Plan as necessary to ... Page 1089 of 1610 CDBG Fund Type: CDBG-CV3
Amount of Proposed Allocation from City: $50,000
Name of Agency's CDBG Funded Program MVK - Shelter In Place # of clients that will be served (Duplicated) The funds will assist in placing the homeless in housing while mitigating the potential spread of the virus in both the homeless and the community at large by providing a best practices sheltering in place model for 35 homeless from the City of Indio resulting in 3,125 shelter nights during the grant period, with a daily cost of $16.00. We must
remember that the homeless remain at high risk, and are consider a population with very high vulnerability due to their lack of COVID - Personal protection equipment,
medical information and guidance, housing, food, hygiene and sanitation supplies. Due to Martha's high placement into housing there will be no duplication. Historically Martha's clients remain in shelter until housed. Martha's has one of the lowest rate of clients returning to homelessness from Shelter in the County.
# of clients that will be served
(Unduplicated) 35 homeless individuals will be served during the funding period resulting in 3,125 nights of full service shelter.

What is the deliverable unit of measure?
(Not quantity, but type of product or
service that will be provided by your
agency's program and ultimately used to
measure performance/output.) (Enter the
type--not quantity: shelter beds, food
baskets, counseling session, etc.)
A comprehensive range of onsite - Shelter and Supportive Services (Wrap Around Services), which includes Martha's State Certified Workforce Development Employment
Services, Mental Health Counseling, RN provided on the
residential floor to provide COVID-19 training and
resources, Addiction Referral Services, Nutritious Meals daily, Case Management, Housing Placement, Adult
Education, Budgeting, Security, English as a Second
Language Instruction, Medical Clinic with COVID - 19
Testing, State Licensed Daycare and Transportation.

Performance Measure/Objective: What is
the Quantifiable deliverable? (Here,
describe what will the City/Community
receive as a result of the funding. We need
to see specific quantities/amounts of units
that will measure output. This is the
objective of your program. [Enter # of
shelter beds, # of food baskets, # of
counseling sessions, etc. your program will
provide as a result of the use of the
funding.]
Thirty-five (35) homeless individuals will be sheltered from the City of Indio during the grant period, resulting in 3,125 nights of shelter, 100 units of Martha's State Certified Workforce Development Employment Services, 140 units of Wrap Around Case Management, of those who exit
Martha's 75% will exit to permanent housing, resulting in client stabilized reentry into the community ending the cycle of homelessness and any negative impact to the local
infrastructure.

Budget: What will the funding be used
for... (purchase of supplies, equipment,
staffing, etc.)
Staffing to include - Case Managers - Employment
Specialist, Residential Specialists, Intake, Registered Nurse, CNA, HMIS Reporting, Security, Food Services Staff.

Supplies to include COVID Personal Protection Equipment, Client Supplies, Furnishings, Food, Paper goods, Linens and COVID Sanitation Supplies - etc.

Funding Proposal for FY22/23 Community Development Block Grant - CDBG-CV3 Public Service Agency Name: Martha's Village & Kitchen
Attachment B Page 6 of 7 AGENDA ITEM #11.1
Substantial Amendment to FY2021/2022 Annual Action Plan as necessary to ... Page 1090 of 1610 1 CITY OF INDIO
FY 2022/2023
Community Development Block Grant
Coronavirus Funding
(CDBG-CV3)
Additional Funding Request—SCOPE OF SERVICES
Request Summary
Thank you for the opportunity for FIND Food Bank to request $50,000 from the City of Indio to support an increase in services, specifically supporting senior residents affected by the ongoing effects of the COVID-19 pandemic with nutritional support and continue to help prevent the spread among these very vulnerable members of our community.

FIND Food Bank will deploy 5 new Rapid Response Free Community Mobile Markets to specifically serve Indio seniors. FIND anticipates serving up to 6,000 seniors annually through these new sites:
• Horizons at Indio
• Indio Gardens
• Healing Hands
• Dr. Rios Clinica Medica
• Indio Senior Center
Seniors are particularly vulnerable to both the clinical aspects of the disease and its variants, as well as the lingering economic impacts such as inflation on food and necessities. With fixed income, limited mobility, and for many, limited support for everyday tasks such as getting groceries and preparing meals, seniors can easily become susceptible to infection because of poor nutrition and the resulting weakened immune response.

Background and Additional Services Provided
As a retirement community, the Coachella Valley desert region represents another unusual demographic inconsistent with the Riverside County statistics. In stark contrast to the state of California with 19.2% seniors and Riverside County with 21.5% seniors, the Coachella Valley desert region has 29.3% seniors (HARC).

Substantial Amendment to FY2021/2022 Annual Action Plan as necessary to ... Page 1091 of 1610 City of Indio
City Council
September 21, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Ramirez-Cornejo, Economic Development Manager Subject: First Reading of Ordinance No. 1783 approving a Development Agreement between the City of Indio and HCL Indio Land Development, LLC and finding said adoption is exempt from further environmental review pursuant to the provisions of Section 15004 of the California Environmental Quality Act (CEQA) Guidelines for the development of approximately 19.04 Acres of cityowned property located south of the Indio Grand Marketplace (formerly known as the Indio Fashion Mall) generally located west of Monroe Street, east of Rubidoux Street and north of John Nobles Avenue.

RECOMMENDATION:

Approve Ordinance No. 1783 a Development Agreement between the City of Indio and HCL Indio Land Development, LLC and finding said adoption is exempt from further environmental review pursuant to the provisions of Section 15004 of the California Environmental Quality Act (CEQA) Guidelines.

SUMMARY:

Development Agreement between City of Indio and HCL Indio Land Development, LLC BACKGROUND INFORMATION:

On August 24, 2022, the Planning Commission recommended approval to the City Council of Resolution No. 2035 of the Development Agreement between the City of Indio and HCL Indio Land Development, LLC. Finding said adoption is exempt from further environmental review pursuant to the provisions of Section 15004 of the California Environmental Quality Act (CEQA) Guidelines.

The Planning Commission and City Council previously reviewed in a joint study session the plans to revitalize and re-tenant the former Indio Fashion Mall subsequently renamed the Indio Grand Marketplace. Those renovations are scheduled to begin in fall of 2022. The City Council approved a Disposition and Development Agreement (“DDA”) on July 20, 2022 with HCL Indio Land Development, LLC that conveyed current city-owned properties totaling approximately 15.35 acres. These properties are located directly to the south of the existing mall property. The approved Disposition and Development Agreement contained a schedule of performance and scope of development, as well as the terms and conditions for the sale and development of that property. It also requires that the property close escrow on or before, December 24, 2022.

While the Disposition and Development Agreement (“DDA”) and Development Agreement (“DA”) are separate and distinct agreements, the sequencing and approvals of each are dependent upon the AGENDA ITEM #11.2
First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1092 of 1610 other. In order for the city-owned property to be conveyed to the developer, the Development Agreement, the Highway 111 Corridor Specific Plan and the CEQA Finding of Consistency must be approved and be effective to allow for the conveyance of the real estate and future development of the development parcel.

The Development Agreement (“DA”) sets forth certain developer obligations as conditions of project approval. Specifically:

1. Design and construction of a park and community gathering space on Parcel 6; and

2. Design and construction of off-site improvements on Monroe Street, John Nobles, and Rubidoux Street.

While the Development Agreement references Parcels 1-6, these Parcels are not legally created at this time and the current properties affected by the Development Agreement are:

City of Indio is the owner of further identified as: Parcel 1: (APN: 614-100-001), Parcel 2: (APN: 614- 100-002), Parcel 3: (APN: 614-100-003), Parcel 4: (APN: 614-100-004), Parcel 5A: (APN: PORTION 614-100-005), Parcel 5B: (APN: PORTION 614-100-005), Parcel 6: (APN: 614-100-006), Parcel 7:
(APN: 614-100- 007), Parcel 8: (APN: 614-100-008), Parcel 9: (APN: 614-100-009), Parcel 10: (APN:
614-100-010), Parcel 11: (APN: 614-100-011), Parcel 12: (APN: 614-100-012), Parcel 13: (APN: 614- 100-013), Parcel 14: (APN: 614-100-021), Parcel 15: (APN: 614-100-022), Parcel 16: (APN: 614-100- 023), Parcel 17: (APN: 614-100-024), Parcel 18: (APN: 614-100-018), Parcel 19: (APN: 614-100-019), Parcel 20: (APN: 614-100-020), Parcel 21: (APN: 614-101-001), Parcel 22: (APN: 614-101-002), Parcel 23: (APN: 614-101-003), Parcel 24: (APN: 614-101-004), Parcel 25: (APN: 614-101-005), Parcel 26: (APN: 614-101-006), Parcel 27: (APN: 614-101-007), Parcel 28: (APN: 614-101-008), Parcel 29: (APN: 614-101-009), Parcel 30: (APN: 614-101-010), Parcel 31: (APN: 614-101-011), Parcel 32: (APN: 614-101-012), Parcel 33: (APN: 614-101-013), Parcel 34: (APN: 614-101-014), Parcel 35: (APN: 614-101-016), Parcel 36: (APN: 614-101-017), Parcel 37: (APN: 614-101-018), Parcel 38: (APN: 614-101-019), Parcel 39: (APN: 614-101-020), Parcel 40: (APN: 614-101-021), Parcel 41: (APN: 614-101-022), Parcel 42: (APN: 614-101-023), Parcel 43: (APN: 614-101-024), Parcel 44: (APN: 614-101-025), Parcel 45: (APN: 614-101-026), Parcel 46: (APN: 614-101-027), Parcel 47: (APN: 614-101-028), Parcel 48: (APN: 614-101-029), Parcel 49: (APN: 614-101-030), Parcel L 50: (APN: 614-101-031), Parcel 51: (APN: 614-101-032), Parcel 52: (APN: 614-101-033), Parcel 53: (APN: 614-101-034), Parcel 54A: (APN: PORTION 614-101-035), Parcel 54B: (APN:

PORTION 614-101-035), Parcel 55: (APN: 614-101-036), Parcel 56: (APN: 614-101-037), Parcel 57A:
(APN: PORTION 614-101-038), Parcel 57B: (APN: PORTION 614-101-038) and Parcel 58: (APN:
614-101-039).

These properties are bounded by Rubidoux Street on the east, Monroe Street on the west, John Nobles Avenue on the south, and the existing Indio Marketplace development on the north.

Project Description:

HCL Indio Land Development, LLC has proposed to acquire 15.35 acres of the City’s 19.04 acres for private development. This area will be comprised of new Parcels 1-5. The remaining 3.69 acres (Parcel 6) will be developed with a public park and public parking to be owned and operated by the City. Prior to the purchase and transfer of the parcels to HCL Indio Land Development, LLC, a development agreement must be approved by the Indio City Council in accordance with California Government Code Title 17, Division 1, Chapter 4, Article 2.5, Development Agreements, Sections 65864-65869.5. The Development Agreement is intended to address required on-site and off-site improvements that are further described below.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1093 of 1610 Overview of HCL Indio Land Development, LLC's Development Vision for Parcels 1-5:

Parcels 1 and 2 comprised of approximately 8.36 acres for multi-family residential land uses. HCL Indio Land Development, LLC proposes to develop.

Parcel 3 comprised of approximately 4.23 acres as hospitality and retail land uses. HCL Indio Land Development, LLC proposes to develop.

Parcels 4 and 5 that are approximately 1.38 acres AND 1.39 acres, respectively, in size as surface parking lots for the benefit of Parcels 1-3 and the surrounding community.

HCL Indio Land Development, LLC's proposed development of Parcels 1-5 will be required through entitlement processing to demonstrate compliance with the land use allowances and design and development standards of the Highway 111 Corridor Specific Plan. HCL Indio Land Development, LLC proposes that the design of the vehicular circulation through and around the site will incorporate all of the parcels and their respective developments as a cohesive master-planned project. Each individual parcel is proposed to have its own personal design to allow for individual identity while maintaining certain architectural elements to link the overall site architecturally. The roadway design, parking areas, pedestrian paths and landscaping will provide the design and circulation link between the parcels. HCL Indio Land Development, LLC is proposing that the on-site improvements have high architectural quality, be well landscaped, and be efficiently and aesthetically designed. The shape, scale, exterior design and exterior finishes of future buildings shall be coordinated throughout the development of each parcel and shall conform to the Highway 111 Corridor Specific Plan. HCL Indio Land Development, LLC proposes that the location and scale of future development shall take into consideration the adjacent property uses, guiding the placement and proximity of the improvements to the surrounding streets, developments, adjacent neighborhoods as well in accordance with relevant regulatory provisions of the Highway 111 Corridor Specific Plan.

Conditions of Approval for Future Development Agreement between the City of Indio and HCL Indio Land Development, LLC:

To ensure that the development of the 19.04 acres meets the visions and policies of the City of Indio General Plan 2040 and is consistent with the Highway 111 Corridor Specific Plan, the aforementioned development agreement shall include the following conditions of approval:

Required Conditions of Approval for On-Site Developer Improvements:

1. Parcel 1 (2.79 acres) shall be combined with the adjacent 1.39 acre Parcel owned by Indio Grand Marketplace LLC through a lot merger approved by the City of Indio to create a 4.18 acre Phase 1 residential development area located in the southeast portion of the Overall Site.

2. A minimum of 125 residential apartments shall be constructed on the combined 4.18 acre site and shall be constructed with three or four stories pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.

3. Parking for the 125 residential apartments shall be fully contained within the boundaries of the

4.18 acres site, shall be a combination of covered and uncovered parking and shall be designed in accordance with the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.

4. The 125 residential apartments shall be rented at market rate prices.

5. The 125 residential apartments shall exhibit high architectural quality pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations and shall have interior amenities to respond to consumer demands.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1094 of 1610

6. The 125 residential apartments shall be supported with on-site amenities inclusive of a central clubroom and resident pool area for the residents.

7. Parcel 2 located in the southwest portion of the Overall Site comprised of approximately 5.57 acres shall be developed with a minimum of 170 residential units and shall be constructed with three or four stories pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.

Findings:

California Government Code Section 65865 (a) specifies that any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article. California Government Code Section 65865.1 specifies that procedures established pursuant to Section 65865 shall include provisions requiring periodic review at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement. California Government Code Section 65865.2 specifies that a development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time and that the agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time. California Government Code Section 65865.4 specifies that unless amended or canceled pursuant to Section 65868, or modified or suspended pursuant to Section 65869.5, and except as otherwise provided in subdivision (b) of Section 65865.3, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city, county, or city and county entering the agreement, which alters or amends the rules, regulations, or policies specified in Section 65866. California Government Code Section 65866.A specifies that unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city, county, or city and county, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent a city, county, or city and county from denying or conditionally approving any subsequent development project application on the basis of these existing or new rules, regulations, and policies. California Government Code Section 65867 specifies that a public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body and Notice of intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. California Government Code Section 65867.5 (a) specifies that a development agreement is a legislative act that shall be approved by ordinance and is subject to referendum. California

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1095 of 1610 Government Code Section 65867.5 (b) specifies that a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. Pursuant to Section 15004 of the California Environmental Quality Act (“CEQA”) Guidelines, a public agency may enter into a preliminary agreement regarding a project regarding a project prior to its approval (s), provided that such agreement shall not commit an agency to the project. California State law requires that each city adopt a general plan to describe its long-term goals and its policies and programs to achieve those goals. Pursuant to the requirements of the State of California Government Code Section 65300 et. seq., the City of Indio previously prepared a comprehensive update of its General Plan that contains certain elements, and describes its long-term goals. Accordingly, the general plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of Indio. Pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the City as the lead agency determined that an environmental impact report should be prepared to analyze all potential adverse environmental impacts of the Indio 2040 General Plan and the City of Indio Climate Action Plan and further determined that a program environmental impact report was appropriate for the Project. On August 12, 2015, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research and responsible agencies for review. In addition, a public scoping meeting was held on August 20, 2015 to provide information on the Project and to receive comments on issues to be addressed in the Environmental Impact Report. The City received written comments in response to the NOP, which assisted the City in the scope and analysis for the environmental impact report.

Pursuant to California Environmental Quality Act Guidelines Section 15168, a Draft Program Environmental Impact Report (the "Draft EIR") was prepared for the Project. In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal. Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the environment. Consistent with Guidelines Section 15105 the City circulated the Draft EIR (including appendices) for the Project to the public and other interested parties for a 45 day public comment period, from March 15, 2019 to April 29, 2019 by filing a Notice of Availability with the State Office of Planning and Research, publishing a notice in the Desert Sun, a newspaper of general circulation, and releasing the Draft EIR (SCH #2015081021) for public review and comment online at www.indio2040.org; and, Following the close of the public comment period and after review of the comments received on the Draft EIR, the City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into the Final Environmental Impact Report ("Final EIR"). The responses to public agency comments were delivered to each public agency commenter on or before July 3, 2019, which is more than 10 days prior to any certification of the Final EIR. The Final EIR was comprised of the Draft EIR dated March 2019, and all appendices thereto; the Comments and Responses to Comments on the DEIR, addenda and errata to the DEIR which are contained in a separate volume, and the Mitigation Monitoring and Reporting Program for the Project, all of which are on file with the City Clerk; and, On June 26, 2019, the Planning Commission conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the staff report, accepted and considered public testimony. After due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the FIER and approved Resolution No. 1901 recommending that the City Council certify the Final EIR, adopt findings of fact pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and adopt a statement of overriding considerations for the Project, On July 17, 2019, the City Council conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the staff report, accepted and considered public testimony and continued the public hearing to a date certain date of August 21, 2019 and subsequently continued the public hearing to a date certain of September 18, 2019. On September 18, 2019, based upon the evidence presented at the hearing, including the staff report and oral testimony, the City Council certified the Final Environmental Impact Report via Resolution Action. The City Council also adopted the current General Plan 2040 on September 18, 2019. Following the adoption of the General

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1096 of 1610 Plan and the certification of the Program Final Environmental Impact Report, the City of Indio applied for and received a $310,000 SB 2 Planning Grant from the California Department of Housing and Community Development. On March 16, 2020, the City of Indio executed an agreement with the California State Department of Housing and Community Development a grant agreement for the development of a Specific Plan for the Highway 111 Corridor inclusive of the properties described herein. This Specific Plan upon adoption by the City of Indio City Council shall govern land use and development standards for all affected properties. As part of the Specific Plan development, supplemental environmental analysis was conducted. Pursuant to California Government Code Section 65454, no specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan and as such any future private party development actions contemplated under this Development Agreement must be consistent with the adopted Specific Plan that in turn must be consistent with the City’s adopted General Plan. On August 24, 2022, the Planning Commission approved Resolution No. 2034 recommending to the City Council the adoption of the Highway 111 Corridor Specific Plan and the repeal of the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan-300 (MUSP-300). On August 24, 2022, the Planning Commission approved Resolution No. 2033 recommending to the City Council that it make a Finding of Consistency for with the Program Final Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the Highway 111 Corridor Specific Plan.

The City adopted the Mixed Use Specific Plan-300 (MUSP-300) on December 16, 1996 regulating land use and development along both sides of the Highway 111 Corridor from Jefferson Street to Clinton Street. The City adopted the Central Highway 111 Corridor Specific Plan on March 15, 2006 regulating land use and development south of Highway 111, north of John Nobles Avenue, west of Arabia Street and east of Highway 111 Beginning in October 2020 and continuing to the present, the City has conducted comprehensive planning efforts for the development of new Specific Plan along Highway 111 from Jefferson Street to Indio Boulevard extending approximately one quarter of a mile on either side of the public right-of-way boundaries of Highway 111. The Highway 111 Corridor Specific Plan is intended to implement the vision of the General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right-of-way improvements. The adoption of the Highway 111 Corridor Specific Plan will repeal and replace the aforementioned Mixed Use Specific Plan-300 (MUSP-300) and the Central Highway 111 Corridor Specific Plan. The aforementioned Development Agreement is contingent upon the final adoption and implementation of the Highway 111 Corridor Specific Plan thus necessitating the Planning Commission’s review and recommendation to the City Council. On August 12, 2022, the City mailed notices of public hearing to all property owners within 300 feet on all sides of the certain real properties affected by the Development Agreement and published a legal notice of public hearing in the Desert Sun, the newspaper of record.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$2,700,000 In current year budget: Yes
Current FY General
Fund Impact:
$2,700,000 Budget adjustment: No
Next FY Financial
Impact:
$1,400,000 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: General Fund - Measure X Fund-Org-Object Reference:
1011195
Additional Financial Details:

Upon approval of the Ordinance, in accordance with the Development Agreement, the City shall pay the Developer for costs actually incurred in planning, designing, developing, permitting and

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1097 of 1610 constructing various Public Improvements, but in no event more than $4,100,000.

ATTACHMENTS:

Final HCL Indio Development Agreement
HCL DA Ordinance 1783
APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 08 Sep 2022 City Attorney, City Attorney Approved - 11 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Sep 2022 Bryan H. Montgomery, City Manager Approved - 12 Sep 2022

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1098 of 1610 1 RECORDING REQUESTED By
WHEN RECORDED MAIL TO:

City of Indio
Attn: City Clerk
Indio City Hall
100 Civic Center Mall
Indio, CA 92210
No Recording Fee, Government Code Section 6103 (Above Space for Recorder’s Use Only)

DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this 5thst day of October 2022, by and among the City of Indio, a California municipal corporation (the “City”), and HCL Indio Land Development, LLC, a Delaware limited liability company (“Developer”). The City and the Developer are individually referred to herein as a “Party” and collectively referred to as the “Parties.”

RECITALS
This Agreement is made and entered into with regard to the following facts, each of which is acknowledged as true and correct by the Parties to this Agreement:

A. California Government Code Section 65864, et seq. (the “Development Agreement Statute”) authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; B. Developer has the right to acquire that certain real property located in the City of Indio, California and described in Exhibit A attached hereto and incorporated herein by reference and hereinafter is referred to as the “Property.” Developer intends to construct and develop or cause the construction and development of the Project, which generally includes multi-family housing, townhomes, hotel and retail shops and associated parking lots on the Property;
C. Developer has applied to the City for approval of this mutually binding Agreement, pursuant to the provisions of the Development Agreement Act and other applicable laws;
D. Developer desires to develop the Property in accordance with the provisions of this Agreement, the Applicable Rules and those laws and regulations of other agencies exercising jurisdiction over the Property.

E. Developer has applied for, and City has approved, this Agreement in order to create beneficial development of the Property and a physical environment that will conform to and complement City’s goals, create development beneficial to the community including

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1099 of 1610 2 additional housing, and otherwise provide for the development of the Property in accordance with City’s best interests;
F. To provide such certainty, the City desires, by this Agreement, to provide the Developer with assurance that the Developer can proceed with development of the Project with the uses, density and other land use characteristics specified in the Project Approvals. The Developer would not enter into this Agreement, or agree to provide the public benefits and improvements described therein without the City’s agreement that the Project can be developed, during the Term of this Agreement, with the uses, density and other land use characteristics specified in the Project Approvals;
G. The City has determined that, as a result of the development of the Project in accordance with the Project Approvals and this Agreement, substantial benefits will accrue to the public, including without limitation, the provision of housing and the development of hospitality uses and retail on property that has been vacant for over 20 years; H. The City Council has specifically considered and approved the impact and benefits of this Project upon the welfare of the City and has concluded this Agreement is in the City’s best interest;
I. The following actions have been taken with respect to this Agreement and the Project:
(1) On August 24, 2022, pursuant to the requirements of the Development Agreement Act, the Planning Commission of the City of Indio conducted a hearing on the Developer’s application for this Agreement and the proposed Finding of Consistency (CEQA) (the “Environmental Document”) and following the hearing the Planning Commission recommended that the City Council approve this Agreement;
(2) On September 21, 2022 after a duly noticed public hearing and pursuant to the California Environmental Quality Act (Cal. Pub. Resources Code, § 21000 et seq.) (“CEQA”), as amended, the City Council adopted Resolution 2035 adopting the Environmental Document for this Agreement;
(3) On September 21, 2022, following a duly noticed public hearing, the City Council introduced Ordinance No. 1783 and on October 5, 2022 held the second reading and adopted Ordinance No. 1783 approving this Agreement, a copy of which is on file in the City Clerk’s Office at City Hall, which ordinance includes the findings pertaining thereto, including those relating to the CEQA documentation for the Project and this Agreement’s consistency with City’s General Plan and each element thereof and the Specific Plan relating to the Project; (4) All actions taken by City have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters.

J. Pursuant to Section 65867.5 of the Development Agreement Act, the City Council has found and determined that: (i) this Agreement implements the goals and policies of City’s General Plan and the Highway 111 Corridor Specific Plan, provides balanced and diversified

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1100 of 1610 3 land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within City; (ii) this Agreement is in the best interests of and not detrimental to the public health, safety and general welfare of City and its residents; (iii) adopting this Agreement is consistent with City’s General Plan, and each element thereof, and the Highway 111 Corridor Specific Plan, and constitutes a present exercise of City’s police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Sections 65867 and 65867.5 of the Development Agreement Act.

NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Act, as it applies to the City, and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT

1. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context requires:

1.1 “Agreement” means this Development Agreement, including all exhibits attached hereto and all amendments and modifications hereto.

1.2 “Applicable Rules” means the rules, regulations, ordinances, resolutions, codes, guidelines, and officially adopted procedures and official policies of the City governing the use and development of real property, including, but not limited to, the City’s Zoning Regulations and building regulations, adopted as of the Effective Date. Among other matters, the Applicable Rules set forth and govern the permitted uses of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction guidelines, standards and specifications applicable to the development of the Property.

1.3 “Authorizing Ordinance” means Ordinance No. 1783 approving this Agreement.

1.4 “Conditions of Approval” shall mean those conditions of approval imposed by the City upon the Project Approvals.

1.5 “Developer Fees” shall mean those fees established, adopted, or imposed by the City pursuant to Section 66000-66008, of the Government Code of the State of California or the California Subdivision Map Act to offset the impact of development on the City’s capital facilities. Such fees may include impact fees, linkage fees, exactions, assessments, fair share charges, or other similar impact fees imposed by the City on or in connection with new development. Developer Fees shall also include fees levied by other public entities and required to be collected by the City. Developer Fees do not mean or include Processing Fees.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1101 of 1610 4 1.6 “Development Agreement Act” means Article 2.5 of Chapter 4 of Division 1 of Title 7 (Sections 65864 through 65869.5) of the California Government Code (as the same may be amended and/or re-codified from time to time).

1.7 “Director” means the City’s Community Development Director.

1.8 “Discretionary Action” or “Discretionary Approval” means an action which requires the exercise of judgment, deliberation or a discretion on the part of the City, including any board, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which is defined herein as a Ministerial Permit or Ministerial Approval.

1.9 “Effective Date” means the date the Authorizing Ordinance becomes effective.

1.10 “Ministerial Permit(s)” or “Ministerial Approval(s)” means a permit or approval, including, but not limited to, building permits, grading permits, and certificates of occupancy, which requires the City, including any board, agency, commission or department or any officer or employee thereof, to determine whether there has been compliance with applicable rules, statutes, ordinances, conditions of approval, and/or regulations, as distinguished from an activity which is included in the definition of Discretionary Action or Discretionary Approval.

1.11 “Mortgage” means any mortgage, deed of trust, encumbrance, sale leaseback or other security interest encumbering all or any portion of the Property, whether now or hereafter existing, given by Developer for the purpose of securing funds to be used for financing or refinancing the Property or any portion thereof, financing or refinancing the construction of improvements thereon and/or any other expenditures reasonably necessary and appropriate to develop the Project.

1.12 “Mortgagee” means the holder of the beneficial interest under any Mortgage.

1.13 “Processing Fees” means all processing fees and charges required by the City that are applied uniformly to all construction or development related activity including, but not limited to, fees for land use applications, building permit applications, building permits, grading permits, hauling permits, encroachment permits, demolition permits, subdivision or parcel maps, lot line adjustments, street vacations, inspections, certificates of occupancy and plan check. Processing Fees shall not mean or include Developer Fees. In addition, any and all fees payable under the current Applicable Rules shall be deemed to be included within the term “Processing Fees” and not to be included within the term “Developer Fees,” whether the same are payable upon issuance of a building permit, upon connection of a utility or upon issuance of a certificate of occupancy.

1.14 “Project” means the development project as described in Exhibit B as modified by the Project Approvals.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1102 of 1610 5 1.15 “Project Approvals” shall include, collectively, this Agreement, the Highway 111 Corridor Specific Plan approved by the City with respect to the Project and shall include any Subsequent Project Approvals (as hereafter defined).

1.16 “Property” means the real property described in Exhibit A attached hereto.

1.17 “Reserved Powers” means the power and authority of the City to enact regulations and/or take Discretionary Action if the same is expressly found by the City to be necessary to protect residents of the City, those employed in the City, or visitors to the City, from a condition that is dangerous to public health or safety or if the same is required to comply with California or federal laws (whether enacted previous or subsequent to the Effective Date of this Agreement).

1.18 “Specific Plan” means the Highway 111 Corridor Specific Plan dated August 2022 and approved by the City Council pursuant to Resolution No. 10326 on September 21, 2022.

1.19 “Subsequent Land Use Regulations” means any change in or addition to the Applicable Rules adopted after the Effective Date of this Agreement, including, without limitation, any change in any applicable general or specific plan, zoning, subdivision, or building regulation, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever by the City Council, Planning Commission or any other board, agency, commission or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project.

1.20 “Subsequent Project Approvals” shall mean further Discretionary Actions or Discretionary Approvals, Ministerial Permits and Ministerial Approvals required to carry out the Project, including design review. Following adoption or approval, a Subsequent Project Approval shall become a Project Approval.

1.21 “Zoning Regulations” shall mean the official zoning regulations of the City adopted as of the Effective Date of this Agreement.

2. Recitals of Premises Purpose and Intent.

2.1 State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property, Section 65864 of the Development Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
“(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer,

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1103 of 1610 6 and discourage investment in and a commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. “(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.”
Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties.

2.2 The Project. The Developer intends to develop or cause to be developed the Property as described in the Project Approvals and the final plans submitted to the City, subject to the Applicable Rules, the Project Approvals, and the Conditions of Approval. The Parties hereby agree that, for the Term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, provisions for reservation or dedication of land for public purposes and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development of the Property shall be those set forth in the Project Approvals, the Applicable Rules and this Agreement, including the Conditions of Approval.

3. Property Subject to Agreement. This Agreement shall apply to all of the Property.

4. Application of Agreement. This Agreement shall apply to the development and use of the Property. Such development shall be in accordance with the Project Approvals as the same may lawfully be amended from time to time other than by initiative and this Agreement.

5. Term and Effective Date.

5.1 Term. The term of this Agreement shall commence on the Effective Date and shall continue for 10 years thereafter (the “Term”), unless the Term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the Parties to this Agreement after the satisfaction of all applicable public hearing and related procedural requirements.

5.2 Effective Date. This Agreement shall become effective upon the date thirty (30) days after the adoption of the Authorizing Ordinance takes effect (“Effective Date”).

6. Timing of Development. The Parties acknowledge that Developer cannot at this time predict when or if the Property will be developed. Such decisions depend upon numerous factors that are not within the control of Developer. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, (the Pardee Case) that

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1104 of 1610 7 the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right to develop the Property consistent with the Project Approvals and the Conditions of Approval in such order and at such rate and at such times as Developer deems appropriate within the exercise of its sole and subjective business judgment during the Term of this Agreement. This provision shall be broadly construed to provide Developer the greatest amount of time and flexibility (in light of the Pardee Case and/or any other similar or distinguishing cases) as necessary or appropriate to permit Developer to complete the development of the project irrespective of later adopted rules, regulations or initiatives which would otherwise restrict the Developer’s time to complete the Project.

7. Permitted Uses; Density; Building Heights and Sizes; Required Dedications.

The City and Developer hereby agree that the permitted uses of the Property, the density and intensity of such uses, the maximum heights and sizes of the buildings and improvements to be constructed on the Property, and the reservation and dedication of land for public purposes, if any, required in connection with the development of the Property shall be as set forth in and consistent with the Project Approvals, as they may be lawfully amended from time to time other than by initiative. Developer shall not cause or permit any use of the Property that is not permitted by the Project Approvals, and shall not cause or permit the construction of any building or improvement that exceeds the maximum density, building heights and/or building sizes set forth in or otherwise required by the Project Approvals, as they may be lawfully amended from time to time other than by initiative.

8. Developer’s Rights and Limitations Regarding Development of the Property

8.1 Vested Rights. Developer shall have and is hereby vested with the rights during the Term of this Agreement to develop the Project in accordance with this Development Agreement, the Specific Plan and related Project Approvals, as they may be lawfully amended from time to time, other than by initiative, all of which are hereby incorporated in this Agreement by reference. Except as otherwise provided under the terms of this Agreement, the Parties agree that the permitted uses, the density and intensity of use, the subdivision requirements, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, provisions for reservation or dedication of land for public purposes, if any, and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development of the Property shall be those set forth in the Project Approvals, the Applicable Rules and this Agreement, including the Conditions of Approval for the Project.

8.2 Subsequent Project Approvals. City shall accept for processing, review and action all applications for Subsequent Project Approvals, and City staff shall use their reasonable efforts to process the applications in an expeditious manner, taking into account City’s staffing levels, and all requisite Processing Fees and Developer Fees shall be calculated and paid by Developer at such time as payment for the fees are due and payable, for all or a portion of the Property. City may use its sole and absolute discretion in deciding whether to approve or deny any Subsequent Project Approvals; provided, however, that in exercising the foregoing sole and absolute discretion, City shall not apply a standard different than used in

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1105 of 1610 8 evaluating requests of other developers. Unless otherwise requested by Developer, City shall not, without good cause, amend or rescind any Subsequent Project Approvals respecting the Property after City has granted the same.

8.3 Development in Accordance with Agreement and Applicable Law.

Developer shall commence and complete the Development in accordance with this Agreement (including, without limitation, the Applicable Rules and the Project Approvals) and in compliance with all laws, regulations, rules, and requirements of all non-City governing entities with jurisdiction over the Property.

8.4 Priority Of Specific Plan. The City has determined that the Specific Plan is consistent with the General Plan and the Zoning Regulations. As such, the Parties agree that the Specific Plan shall be the primary document governing the development of the Property and, in the event of a conflict, shall prevail over any other of the existing Zoning Regulations except for this Agreement, which prevails over the Specific Plan.

9. Changes in Applicable Rules

9.1 Nonapplication of Changes in Applicable Rules. The adoption of any Subsequent Land Use Regulations after the Effective Date of this Agreement, or any change in, or addition to, the Applicable Rules (other than changes in Developer Fees following the third anniversary of the Effective Date and Processing Fees at any time or other changes as provided in this Agreement), including, without limitation, any changes in the General Plan or the Zoning Regulations (including any regulation relating to the timing, sequencing, or phasing of the Project or construction of all or any part of the Project), adopted after the Effective Date of this Agreement, including, without limitation, any such change by means of ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by any board, agency, commission or department of the City, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict in any way with the Project Approvals shall not be applied to the Project unless such changes represent an exercise of the City’s Reserved Powers.

9.2 Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes occurring from time to time in the provisions of the City’s building, mechanical, plumbing, fire, electrical regulations and similar regulations which are based on the recommendations of a multi-state professional organization and become applicable throughout the City, including, but not limited to, the California Building Code and other similar or related uniform codes.

9.3 Changes Mandated by Federal or State Laws or Regulations. Changes in, or additions to, the Applicable Rules adopted or made operative on or after the Effective Date of this Agreement shall apply to the Project, if such changes or additions are specifically mandated to be applied to developments such as the Project, by applicable State or Federal laws or regulations. Where City or Developer believes that such a change or addition exists, that Party shall provide the other Party hereto with a copy of such State or Federal law or regulation and a statement of the nature of its conflict with the provisions of the Applicable Rules and/or of this Agreement. The City’s determination shall be final and conclusive.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1106 of 1610 9 9.4 Regulation by Other Public Agencies. Other public agencies not subject to City’s control may possess authority to regulate aspects of the Property and the Development and this Agreement does not limit the authority of other public agencies.

9.5 Changes in Processing Fees Under Applicable Rules. The Project shall be subject to any increase in Processing Fees imposed by the City, provided that such a change is applied on a Citywide basis.

9.6 Applicable Developer Fees. The Project shall be subject to the payment of Developer Fees of the type and in the amount in effect as of the Effective Date until the third (3rd) anniversary of the Effective Date, and thereafter for the balance of term of this Agreement, in the amount in effect at the time that the Developer Fee becomes due under the Applicable Rules or any law adopted after the Effective Date of this Agreement.

10. Relationship of the Parties. It is hereby specifically understood and acknowledged, that the Project is a private project and that neither the City nor the Developer shall be deemed to be the agent of the other for any purpose whatsoever. The City and the Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and the Developer joint venturers or partners.

The City has not, and will not, provide any subsidy or financial assistance to the Developer in carrying out the Project.

11. Public Benefit and Conditions of Approval.

11.1 Construction of Public Improvements. As a condition of the City’s approval of the Project and the Specific Plan and City’s entry into this Agreement, Developer shall complete and install the following Public Improvements, at the Developer’s sole cost and expense except for the reimbursements by the City as set forth in this Section 11. As used in this Agreement, the term “Public Improvements” shall mean the following:

11.1.1 Off-Site Street Improvements. Roadway and street frontage improvements pursuant to City standards and as more fully described and depicted in Exhibit C attached hereto.

11.1.2 Off-Site Public Park Improvements. Park improvements on the

3.69 acre site owned by the City as described in Exhibit D attached hereto (“Park Site”).

11.2 Developer’s Obligations. Developer shall construct or cause to be constructed the Public Improvements at its sole cost and expense (except for the reimbursements as provided in this Section 11) pursuant to plans and specifications prepared by Developer and approved by City, which approval shall not be unreasonably withheld conditioned or delayed.

Developer will carry out the design and construction of the Public Improvements in conformity with all applicable laws, including all applicable state labor standards, the City’s engineering standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation (to the extent applicable) the Prevailing Wage Laws (Labor Code Sections 1720 et seq.), Americans With Disabilities Act, 42

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1107 of 1610 10 U.S.C. Section 12101, et seq. Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

11.3 Reimbursement for the Public Improvements. The City shall pay Developer for those costs that Developer actually incurs or pays in planning, designing, developing, permitting and constructing the Public Improvements (collectively, the “Eligible Costs”) but in no event more than $4,100,000. Developer shall be entitled to payment of Eligible Costs not more than once per month commencing on the first calendar month after the commencement of work on the Public Improvements. Developer shall provide the City with a request for reimbursement by the fifth day of any calendar month following commencement of construction of the Public Improvements, which request for funds shall include reasonable backup evidence (i.e. invoices, proof of payment, receipts, etc.) including reasonable evidence of the payment of prevailing wages and compliance with prevailing wage statutes of the costs incurred on the Public Improvements. The City shall notify Developer within five (5) business days following receipt of such request for funds if the City has any objections to the request for funds. Any failure by the City to object to the request for funds within such five (5) day period shall be deemed the City’s approval of the request for funds. If the City objects to any element of the requested reimbursement, its shall notify Developer in writing specifying in detail the basis for such objection, and the parties agree to negotiate in good faith a resolution of such objection as expeditiously as possible. The City shall pay Developer (a) all undisputed amounts of Eligible Costs not later than the fifth day of the first calendar month following its receipt of a request for funds therefor in accordance with this subsection; and (b) any remaining amounts of Eligible Costs following resolution of such disputes not later than the fifth day of the first calendar month following such resolution.

11.4 Labor Laws. Developer is aware of the requirements of California Labor Code Section 1770 et seq., and the implementing regulations, which require the payment of prevailing wage rates and the performance of other requirements on construction of “public works” under the applicable provisions of the Labor Code. If a third party having jurisdiction regarding the applicability the prevailing wage laws, a court of law or a valid administrative proceeding, determines that that the construction of the Project, or any portion thereof, are “public works” under the Prevailing Wage Laws, Developer shall have the right, but not the obligation, to forgo reimbursement by City, in which case the City shall have no obligation to reimburse Developer for the costs of constructing and installing the Public Improvements as set forth herein. Developer agrees to defend, indemnify and hold harmless the City and its elected officials, officers, employees, attorneys and agents free and harmless from any claim or liability including without limitation, reasonable attorneys’ fees and court costs, arising from any failure or alleged failure to comply with these provisions of the Labor Code. In addition, by its signature hereunder, Developer certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require ever employer to be insured against liability for Worker’s Compensation or undertake self-insurance in accordance with the provisions of that Code.

Developer agrees to comply with such provisions and to require its consultants to comply with such provisions before commencing any work on the Public Improvements.

11.5 Waiver. Developer, for itself and its contractors, hereby expressly agrees that City has satisfied its obligations under the prevailing wage laws to identify projects as being subject to the prevailing wage laws and any other obligations imposed upon the City under Labor

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1108 of 1610 11 Code Section 1726 and/or Section 1781 that are owed to or may be actionable by Developer and its contractors. Furthermore, Developer, for itself and its contractors hereby expressly waives any right of action against the City created under Labor Code Section 1726 and/or Section 1781, whether known, or unknown, foreseen or unforeseen relating to the Project and/or any Public Improvement and shall indemnify and hold City harmless from any claims, penalties, actions or causes of action asserted against the City related thereto.

11.6 No Monetary Assistance. The parties acknowledge that this Agreement does not, and is not intended to, vest the Developer with any right to obtain monetary assistance from the City for design, construction or installation of any part of the Project. With the exception of certain Public Improvements described herein, the Project is a privately funded, privately constructed project which the parties understand, based on existing law, decisions of the California courts, and public works determinations of the Director of the Department of Industrial Relations, is not a “public work” within the meaning of Labor Code Section 1720 and is not subject to payment of prevailing wages or other compliance with the Prevailing Wage Laws (Labor Code Sections 1720 et seq.).

12. Default.

12.1 Notice. Failure by City or Developer to perform any term or provision of this Agreement for a period of thirty (30) days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30) day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period.

12.2 Remedies. Subject to the foregoing, after notice and expiration of the thirty (30) day period without cure, the notifying party, at its option, shall have all rights and remedies provided by law and/or may give notice of intent to terminate this Agreement pursuant to Government Code Section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) calendar days in the manner set forth in Government Code Sections 65867 and 65868. Following consideration of the evidence presented in said review before the City Council and a determination that a default exists, the Party alleging the default by the other Party may give written notice of termination of this Agreement to the other Party. Upon any such termination, the respective rights, duties and obligations of the Parties hereto shall without further action cease as of the date of such termination (except as to duties and obligations that arose prior to the date of such termination). In no event shall monetary damages be available against the City for any alleged default or breach by the City. In no event shall consequential damages be available against Developer or any seller of any portion of the Property for any alleged default or breach of this Agreement.

13. Transfers of Interests in Property or Agreement.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1109 of 1610 12 13.1 Transfers. In the event of a proposed transfer of interest in any of the parcels of Property and this Agreement by Developer, Developer agrees to provide City at least thirty days written notice of such proposed assignment prior to the proposed transfer and shall provide satisfactory evidence that the assignee will assume in writing through an assignment and assumption agreement all obligations of Developer under this Agreement. Notwithstanding the foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property; and (ii) no such transfer shall relieve the Developer (transferor) of any obligations under this Agreement.

13.2 Assignment and Assumption of Obligations. For all proposed transfers of interest in the Property or in this Agreement, Developer shall provide to City an assignment and assumption agreement a form reasonably satisfactory to the City Attorney.

13.3 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its successors and assigns. Whenever the term “Developer” is used in this Agreement, such term shall include any other successors and assigns as herein provided.

14. Covenants. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land.

15. Periodic Review of Compliance.

15.1 Annual Reviews. The City shall conduct annual reviews to determine whether Developer is acting in good faith compliance with the provisions of this Agreement and Government Code Section 65865.1.

15.2 Special Reviews. In addition, the City Council of the City may order a special periodic review of Developer’s compliance with this Agreement at any time. The cost of such special reviews shall be borne by the City, unless such a special review demonstrates that Developer is not acting in good faith compliance with the provisions of this Agreement. In such cases, Developer shall reimburse the City for all costs, direct and indirect, incurred in conjunction with such a special review.

15.3 Procedure for Review. The Director shall conduct the review contemplated by this Section 15 to ascertain whether Developer has complied in good faith with the terms and conditions of this Agreement during the period for which the review is conducted.

The Director shall give Developer written notice that any such review has been commenced, and shall give Developer at least twenty (20) days after Developer’s receipt of such notice to provide to the Director such information as Developer deems relevant to such review. In addition, upon

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1110 of 1610 13 the written request of the Director, Developer shall furnish such documents or other information as requested by the Director.

15.4 Result of Review. If following such a review, the Director finds good faith compliance by Developer with the terms and conditions of this Agreement, the Director shall issue to Developer an executed certificate of compliance, certifying Developer’s good faith compliance with the terms and conditions of this Agreement through the period of such review.

Such certificate shall be in recordable form, and shall contain such information as may be necessary to impart constructive record notice of the finding of good faith compliance hereunder.

Developer shall have the right to record such certificate of compliance in the Official Records of the County of Riverside.

If, following such a review, the Director finds that Developer has not complied in good faith with the terms and conditions of this Agreement, the Director shall specify in writing the respects in which Developer has failed to so comply. The Director shall provide Developer with written notice of such noncompliance as provided in section 12 and the City may follow the default procedures as set forth in section 12.

15.5 Effect on Default. Nothing in this section 15 shall be interpreted to prevent the City from providing Developer with a notice of default hereunder at any time, including any time other than during a periodic review under this section 15, or from terminating this Agreement pursuant to the provisions of section 12 following any event of default by Developer.

16. Indemnification.

16.1 Indemnity, Hold Harmless and Defend. Developer agrees to and shall indemnify, hold harmless, and defend, City and its respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefore, suffered or alleged to have been suffered by reason of the acts, errors and/or omissions, or a combination thereof, referred to in this Section 16, regardless of whether or not City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, City agrees, at no cost to City, to cooperate with Developer. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Developer to defend Developer and City in any such action.

16.2 Defense. In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the environmental review for the Project, Developer shall defend, at its own expense, the action or proceeding. In addition, Developer shall reimburse City for City’s actual costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the environmental review and the Developer shall also pay any award of costs, expenses and fees

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1111 of 1610 14 that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. Developer shall cooperate with City in any such defense as City may reasonably request and may not resolve such challenge without the agreement of City. In the event Developer fails or refuses to reimburse the City for its costs to defend any challenge to this Agreement, the Project Approvals or the environmental review, City shall have the right to terminate this Agreement, subject to the notice and cure requirements of Section 12 above. In all events, City shall have the right to resolve any challenge in any manner, in its sole discretion.

16.3 Deposit. In order to ensure compliance with this section, within twenty days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals or the environmental review prepared and adopted for the Project, the Developer shall deposit with the City cash or other security in the amount of $25,000, satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this section. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the applicant shall restore the deposit to its original amount within fifteen (15) days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit or additional security is necessary to secure the obligations of this section, the Developer shall provide such additional security within fifteen (15) days of notice from the City Attorney. The City shall promptly notify the Developer of any claim, action or proceeding within the scope of this Section and the City shall cooperate fully in the defense of any such claim or action, but shall have the right to resolve any challenge, in any manner, in its sole discretion.

17. Mortgagee Protection.

17.1 Encumbrances on the Property. This Agreement shall not prevent or limit Developer from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance (“Mortgage”) in which the Property, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value in order to secure financing with respect to the construction, development, use or operation of the Property pursuant to the Project Approvals.

17.2 Developer’s Breach Does Not Defeat Mortgage Lien. No breach of this Agreement shall defeat or render void the lien of any Mortgage made in good faith and for value but, unless otherwise provided herein, the terms, conditions, covenants, restrictions, easements, and reservations of this Agreement shall be binding and effective against the holder of any such Mortgage whose interest is acquired by foreclosure, trustee’s sale or otherwise.

17.3 Holder Not Obligated to Construct or Complete Improvements. The holder of any Mortgage shall in no way be obligated by the provisions of this Agreement to construct or complete the improvements or to guarantee such construction or completion. In addition, the Mortgagee shall have no right to develop or operate the Property without fully complying with the terms of this Agreement, and to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance under this Agreement.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1112 of 1610 15 17.4 Notice of Default to Mortgagee. Whenever the City shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer hereunder, the City shall at the same time deliver a copy of such notice or demand to each holder of record of any Mortgage who has previously made a written request to the City therefor, or to the representative of such lender as may be identified in such a written request by the lender.

17.5 Right to Cure. The Mortgagee shall have the right, but not the obligation, to cure, correct or remedy the default, within sixty (60) calendar days after the receipt of the notice from City for monetary defaults, or within sixty (60) calendar days after Developer’s cure period has expired for non-monetary defaults, or, for the defaults that cannot reasonably be cured, corrected or remedied within the period, the Mortgagee may cure, correct or remedy the default if the Mortgagee commences to cure, correct or remedy the default within the sixty (60) calendar day period, and continuously and diligently prosecutes the cure to completion. If the default is of a nature that can only be remedied or cured by the Mortgagee upon obtaining possession of the Property, the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within the time as is reasonably necessary to cure or remedy the default but in no event more than ninety (90) calendar days after obtaining possession. If a default cannot, with diligence, be remedied or cured within the ninety (90) calendar day period, then the period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences the cure or remedy during the ninety (90) calendar day period, and thereafter diligently pursues the cure to completion.

18. Estoppel Certificate. Within ten (10) business days following any written request, in accordance with the notice provisions of this Agreement, which either Party may make from time to time, the other Party shall execute and deliver to the requesting Party, a statement in writing: (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified stating the nature of such modification and certifying that this Agreement, as so modified, is in full force and effect) and; (ii) acknowledging that there are not any uncured defaults under this Agreement or specifying the dates and nature of such defaults if any are claimed. The failure to deliver such statement within such time shall be conclusive upon the Party which fails to deliver such statement that this Agreement is in full force and effect without modification except as may be represented by the requesting Party and that there are no uncured defaults in the performance of the requesting Party. Said statement(s) shall be in the form reasonably satisfactory to the City, the Developer and to any purchaser, lender, title company, governmental agency, or other person reasonably requesting such statement(s) in connection with sale, use, development, financing or marketing of the Project. The City and the Developer, for their own respective uses, shall also be entitled to obtain a statement of compliance at any reasonable time.

18. Amendment. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows:
(i) City and Developer, by mutual agreement, may terminate or amend the terms of this Agreement, and the amendment or termination shall be accomplished in the manner provided under California law for the enactment of Development Agreement amendments.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1113 of 1610 16 (ii) Except as may be otherwise agreed to by the Parties, no amendment of this Agreement shall be required in connection with any Subsequent Project Approval except a Subsequent Project Approval proposed by initiative. Any Subsequent Project Approval issued after the Effective Date of this Agreement other than by initiative automatically shall be incorporated into this Agreement and vested hereby.

19. Miscellaneous Provisions.

19.1 Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall be binding upon and inure to the benefit of the Parties, any subsequent developer of all or any portion of the Property or the Property, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which the Person acquired an interest in the Property. The provisions of this Agreement shall constitute mutual covenants that shall run with the land comprising the Property for the benefit thereof, and the burdens and benefits of this Agreement shall bind and inure to the benefit of each of the Parties to this Agreement and all successors in interest to the Parties to this Agreement for the Term of this Agreement.

19.2 Notices. Any approval, disapproval, demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.

To City: City of Indio
100 Civic Center Mall
Indio, CA 92201
Attn.: City Manager
To Developer: HCL Indio Land Development, LLC
12302 Exposition Blvd
Los Angeles, CA 90064
Attention: Manager
With a copy to: Karavas Kiely Schloss & Whitman LLP
11400 West Olympic Boulevard, Suite 1480
Los Angeles, CA 90064
Attention: Michael J. Kiely
Any written notice, demand or communication shall be deemed received upon the date of delivery or inability to deliver or refusal of acceptance, as shown on the return receipt, if delivered by registered or certified mail, and on the next Business Day after delivery to a reputable overnight delivery service for overnight delivery.

19.3 Interpretation and Applicable Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning.

This Agreement and any dispute arising under this Agreement shall be governed and interpreted

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1114 of 1610 17 in accordance with the laws of the State of California and the venue for any legal actions brought by any Party with respect to this Agreement shall be the County of Riverside, State of California for state actions and the Central District of California for any federal actions. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of City, and in particular, City’s police powers. In this regard, the Parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abrogation of City’s governmental powers over the Property.

19.4 No Third Party Beneficiaries. The only parties to this Agreement are the City and the Developer and their successors-in-interest. There are no third party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other person whatsoever.

19.5 Independent Entity. In entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect.

19.6 Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection with this Agreement, or for any act or omission on the part of City.

19.7 Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the final, complete and exclusive statement of the terms of the agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous oral or written negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement. No Party has been induced to enter into this Agreement, by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

19.8 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply.

19.9 Attorneys’ Fees. In the event either Party hereto brings an action or proceeding for a declaration of the rights of the Parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing Party in any such action shall be entitled to an award of actual attorneys’ fees and costs incurred in such action or proceeding without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1115 of 1610 18 19.10 Waiver. The failure of either Party hereto to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this Agreement, or to exercise any election or option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by any Party hereto of any covenant, agreement, term, provision or condition of this Agreement shall be deemed to have been made unless expressed in writing and signed by an appropriate official or officer on behalf of such Party.

19.11 Compliance with Law. Notwithstanding any provisions of this Agreement, the Parties agree to comply with all federal, state and local laws and to act in good faith and reasonably in carrying out the terms of this Agreement.

19.12 Counterparts. This Agreement may be executed in one or more counterparts each of which will be deemed an original, but all of which constitute one and the same instrument.

19.13 Authorization. Each person executing this Agreement represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Agreement on behalf of the Party for which execution has been made.

19.14 Recordation. This Agreement shall be recorded by City with the County Recorder of Riverside County within the period required by California Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.

19.15 Alterations. No alteration, amendment or modification of this Agreement shall be valid unless evidenced by a written instrument executed by the Parties hereto with the same formality as this Agreement, and made in the manner required by the Development Agreement Act.

19.16 No Joint and Several Liability. At any time that there is more than one Developer, no breach of this Agreement by a developer shall constitute a breach by any other developer. Any remedy, obligation, or liability, including, but not limited to, the obligations to defend and indemnify City, arising by reason of the breach shall be applicable solely to the Developer that committed the breach. However, City shall send a copy of any notice of violation to all Developers, including those not in breach. In addition, a default by any Transferee shall only affect that portion of the Property owned by the Transferee and shall not cancel or diminish in any way Developer’s rights under this Agreement with respect to any portion of the Property not owned by the Transferee. The Transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by the Transferee, and any amendment to this Agreement between City and a Transferee shall only affect the portion of the Property owned by the Transferee.

19.17 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1116 of 1610 19 the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.

19.18 Time is of the Essence. Time is of the essence of this Agreement and every term or performance hereunder.

19.19 Authorization. Each person executing this Agreement represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Agreement on behalf of the Party for which execution has been made. {Signatures on Following Page}

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1117 of 1610 20 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written.
“CITY”
CITY OF INDIO, a California municipal
corporation
By:

Bryan H. Montgomery, City Manager
ATTEST:

Cynthia Hernandez, CMC, City Clerk
APPROVED AS TO FORM:

Steven P. Graham, City Attorney

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1118 of 1610 21 DEVELOPER:

HCL INDIO LAND DEVELOPMENT,
LLC, a Delaware limited liability company
By HAAGEN COMPANY LLC, its manager
By _________________________________
Alexander Haagen III
Its Manager
Dated:________________________________

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1119 of 1610

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY AND SITE PLAN
Real property in the City of Indio, County of Riverside, State of California, described as follows:

PARCEL 1: (APN: 614-100-001)
THE NORTHERLY 150 FEET OF THE SOUTH HALF OF THE WEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN.

EXCEPTING THEREFROM THE WESTERLY 42 FEET. PARCEL 2: (APN: 614-100-002)

THE SOUTH HALF OF THE WEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN.

EXCEPTING THEREFROM THE NORTH 150 FEET.

ALSO EXCEPTING THE SOUTH 25 FEET AS CONVEYED TO THE CITY OF INDIO BY INSTRUMENT RECORDED JANUARY 22, 1954 IN BOOK 1547, PAGE 323 AND OCTOBER 3, 1955 IN BOOK 1801, PAGE 247, OF OFFICIAL RECORDS.

ALSO EXCEPTING THE WEST 42 FEET OF THE NORTH 150 FEET AS CONVEYED TO THE CITY OF INDIO BY DEED RECORDED SEPTEMBER 21, 1962 AS INSTRUMENT NO. 88559, OF OFFICIAL RECORDS.

PARCEL 3: (APN: 614-100-003)

THE WEST HALF OF THAT PORTION OF THE EAST HALF OF THE SOUTHWEST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE

SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 00° 13' 20" EAST ON THE WEST LINE

OP THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 140.00 FEET TO THE SOUTHWEST CORNER OF PARCEL 1 CONVEYED TO HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 9, 1953 AS INSTRUMENT NO. 6258, OFFICIAL RECORDS;
THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1120 of 1610 FEET TO THE WEST LINE OF PARCEL 2 CONVEYED TO THE HOUSING AUTHORITY

OF THE COUNTY OF
RIVERSIDE, BY DEED ABOVE REFERRED TO;
THENCE SOUTH 00° 14' 10" WEST ON THE WEST LINE OF SAID PARCEL 2, CONVEYED TO THE HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, 140.00

FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE SOUTH 89° 28' 30" WEST, ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11 FEET TO THE POINT OF BEGINNING.

PARCEL 4: (APN: 614-100-004)

THE EAST HALF OF THAT PORTION OF THE EAST HALF OF THE SOUTHWEST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE

SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 0° 13' 20" EAST ON THE WEST LINE

OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 140 FEET TO THE SOUTHWEST CORNER OF PARCEL 1 CONVEYED TO HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 9, 1953 AS INSTRUMENT NO. 6258 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH

LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11 FEET TO THE WEST LINE OF PARCEL 2 CONVEYED TO THE

HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, BY DEED ABOVE REFERRED TO;
THENCE SOUTH 0° 14' 10" WEST ON THE WEST LINE OF SAID PARCEL 2, CONVEYED TO THE HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, 140

FEET TO THE SOUTH LINE OF SAID
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 89°
28' 30" WEST ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11 FEET TO THE POINT OF BEGINNING.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1121 of 1610 PARCEL 5A: (APN: PORTION 614-100-005)

ALL THAT PORTION OF THE EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE WEST LINE OF THE EAST HALF OF SOUTHWEST

QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID

SECTION WHICH BEARS NORTH
00° 13' 20" EAST, 140 .00 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00° 13' 20" EAST, ALONG THE WEST LINE OF THE EAST HALF OF

THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 529.12 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 89° 31' 45" EAST, ALONG THE NORTH LINE OF THE EAST HALF OF

SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID
SECTION, 332.21 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 00° 14' 10" WEST, ALONG THE EAST LINE OF THE EAST HALF OF

SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 124.08

FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MT. ZION CHURCH OF GOD IN CHRIST, ET AL., BY DEED RECORDED SEPTEMBER 24, 1951, IN
BOOK 1305, PAGE 126 OF OFFICIAL RECORDS;
THENCE SOUTH 89° 28' 30" WEST AND PARALLEL WITH THE SOUTH LINE OF THE

EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF
NORTHWEST QUARTER OF SAID SECTION, 140.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND SO CONVEYED TO MT. ZION CHURCH OF GOD IN CHRIST, ET AL;
THENCE SOUTH 00° 14' 10" WEST, AND PARALLEL WITH THE EAST LINE OF THE

EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF

NORTHWEST QUARTER OF SAID
SECTION, 405.00 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL

OF LAND

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1122 of 1610 CONVEYED TO JESSE NOBLES, A WIDOWER, BY DEED RECORDED APRIL 5, 1950, IN BOOK
1162, PAGE 75 OF OFFICIAL RECORDS.

THENCE SOUTH 89° 28' 30" WEST AND PARALLEL WITH THE SOUTH LINE OF THE

EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF
NORTHWEST QUARTER OF SAID SECTION, 192.11 FEET TO THE POINT OF BEGINNING;

EXCEPTING THEREFROM ALL THAT PORTION THEREOF PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE WEST LINE OF THE EAST HALF OF

SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION WHICH BEARS NORTH 00° 13' 20" EAST, 140.00 FEET FROM THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH LINE OF THE

EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF
NORTHWEST QUARTER OF SAID SECTION, 192.11 FEET FOR THE POINT OF

BEGINNING, SAID POINT BEING ON THE WEST LINE

OF SAID PARCEL OF LAND SO CONVEYED TO JESSE NOBLES, BY THE HEREINABOVE REFERRED TO DEED;
THENCE NORTH 0° 14' 10' EAST, AND PARALLEL WITH THE EAST LINE OF THE

EAST HALF OF THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 528.95 FEET TO A POINT ON THE NORTH LINE THEREOF;
THENCE SOUTH 89° 31' 45" WEST, ALONG THE NORTH LINE OF THE EAST HALF OF

SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 60.00 FEET; THENCE SOUTH 00° 14' 10" WEST AND PARALLEL WITH

THE EAST LINE OF THE EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST

QUARTER OF SAID SECTION,
529.00 FEET TO A POINT WHICH BEARS SOUTH 89° 28' 30" WEST FROM THE POINT OF BEGINNING;
THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH LINE OF THE

EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF

NORTHWEST QUARTER OF SAID
SECTION, 60.00 FEET TO THE POINT OF BEGINNING;

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1123 of 1610 PARCEL 5B: (APN: PORTION 614-100-005)

ALL THAT PORTION OF THE EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTH LINE OF THE EAST HALF OF SOUTHWEST

QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID

SECTION WHICH BEARS
NORTH 89° 28' 30" EAST 192.08 FEET FROM THE SOUTHWEST CORNER THEREOF,

SAID POINT BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF

LAND CONVEYED TO JOSEPH
MCGEE, JR., ET AL., BY DEED RECORDED FEBRUARY 23, 1950, IN BOOK 1149, PAGE 435 OF OFFICIAL RECORDS;
THENCE NORTH 0° 14' 10" EAST AND PARALLEL WITH THE EAST LINE OF THE

EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF
NORTHWEST QUARTER OF SAID SECTION, 668.95 FEET TO THE POINT ON THE NORTH LINE THEREOF;
THENCE SOUTH 89° 31' 45" WEST, ALONG THE NORTH LINE OF THE EAST HALF OF

THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 60.00 FEET;
THENCE SOUTH 0° 14' 10" AND PARALLEL WITH THE EAST LINE OF THE EAST

HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST

QUARTER OF SAID
SECTION 669.00 FEET TO A POINT ON THE SOUTH LINE THEREOF; THENCE NORTH 89° 28' 30" EAST ALONG THE SOUTH LINE OF THE EAST HALF OF

SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 60.00 FEET TO THE POINT OF BEGINNING;
PARCEL 6: (APN: 614-100-006)

THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1124 of 1610

COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST HALF OF THE

SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;

THENCE NORTH, ALONG THE EAST LINE OF THE SAID EAST HALF OF THE

SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 233.60 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE WEST,

PARALLEL WITH THE SOUTH LINE OF THE SAID EAST HALF OF

THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 140.00 FEET;

THENCE NORTH, PARALLEL WITH THE EAST LINE OF THE SAID EAST QUARTER

OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 311.14 FEET;

THENCE EAST, PARALLEL WITH THE SOUTH LINE OF THE SAID EAST HALF OF

THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 140.00 FEET, TO A POINT ON THE EAST

LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;

THENCE SOUTH, ALONG THE SAID EAST LINE OF THE SAID EAST HALF OF THE

SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 311.14 FEET, TO THE POINT OF BEGINNING.

PARCEL 7: (APN: 614-100-007)
PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED AUGUST 8, 1968 IN BOOK 1, PAGE 34 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL 8: (APN: 614-100-008)
PARCEL 1 AS SHOWN ON PARCEL MAP RECORDED AUGUST 8, 1968 IN BOOK 1, PAGE 34 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1125 of 1610 PARCEL 9: (APN: 614-100-009)

THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7

EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT 79.00 FEET WEST OF THE SOUTHEAST CORNER OF

SAID EAST HALF OF THE SOUTHWEST QUARTER OP THE NORTHWEST QUARTER

OF THE NORTHWEST

QUARTER, SAID POINT BEING THE SOUTHWEST CORNER OF THAT PARCEL

CONVEYED TO CHRISTOPHER HARDIN AND KATHERINE HARDIN, HUSBAND AND

WIFE, BY DEED RECORDED
FEBRUARY 5, 1954, AS INSTRUMENT NO. 6181, OFFICIAL RECORDS; THENCE NORTH 00° 45' 50" EAST, ON THE WEST LINE OF SAID PARCEL CONVEYED TO CHRISTOPHER HARDIN AND WIFE, 78.00 FEET, MORE OR LESS, TO THE SOUTH

LINE OF THE PARCEL CONVEYED TO JESSE NOBLES, A WIDOWER, BY DEED RECORDED AUGUST 9, 1956 AS INSTRUMENT NO. 55641, OFFICIAL RECORDS;

THENCE WESTERLY, PARALLEL WITH THE SOUTH LINE OF SAID SECTION AND ALONG THE SOUTH LINE OF SAID PARCEL CONVEYED TO NOBLES, 61.00 FEET,

MORE OR LESS, TO THE EASTERLY LINE OF THE PARCEL CONVEYED TO THE

HOUSING AUTHORITY OF THE COUNTY OF
RIVERSIDE BY DEED RECORDED DECEMBER 9, 1953, AS INSTRUMENT NO. 6258, OFFICIAL RECORDS; THENCE SOUTH 0° 14' 10" WEST, ALONG SAID EASTERLY LINE 78.00 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE
EASTERLY, ALONG SAID SOUTH LINE 61.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

PARCEL 10: (APN: 614-100-010)

THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OP

SECTION
26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1126 of 1610

BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;

THENCE WEST ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER, 664.40 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 00° 45' 50" EAST, 78.00 FEET;

THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY LINE OF SAID SECTION 26, 79.00 FEET;
THENCE SOUTH 60° 45' 50" WEST, 78.00 FEET MORE OR LESS TO THE SAID SOUTHERLY LINE; THENCE EAST, ALONG SAID SOUTHERLY LINE 79.00 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 11: (APN: 614-100-011)
THE NORTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:

THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND

MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF OF THE WEST

HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH, ALONG THE WEST LINE THEREOF, 95.00 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN

PARCEL OF LAND CONVEYED TO ATKIN WHITE, ET AL, BY DEED RECORDED APRIL 20, 1963 IN BOOK 574, PAGE 553, OFFICIAL RECORDS; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE EAST

LINE OF SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG THE SAID EAST LINE, 95.00 FEET TO THE NORTH LINE OF

SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST, ALONG SAID NORTH LINE, 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1127 of 1610

SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL 12: (APN: 614-100-012)

ALL THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY

UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF OF THE WEST

HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION;
THENCE SOUTH ALONG THE WEST LINE THEREOF, 95.00 FEET TO THE

NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO ATKIN WHITE, ET AL, BY DEED RECORDED APRIL 20, 1943 IN BOOK 574, PAGE 553, OFFICIAL RECORDS;
THENCE EAST, ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR

LESS TO THE EAST LINE OF SAID WEST HALF OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH ALONG SAID EAST LINE 95.00 FEET TO THE NORTH LINE OF SAID

WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST, ALONG SAID LINE (NORTH LINE), 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

EXCEPTING THE NORTHERLY ONE-HALF THEREOF. PARCEL 13: (APN: 614-100-013) PARCELS 1 AND 2 OF PARCEL MAP RECORDED IN BOOK 1 PAGE 64 OF PARCEL

MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA
PARCEL 14: (APN: 614-100-021)

A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1128 of 1610

SHOWN BY UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST

QUARTER OF SAID SECTION
26, 192 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST 166

FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTERLINE OF THE WEST

HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF

SAID SECTION
26; THENCE SOUTH ALONG SAID CENTERLINE 97 FEET; THENCE WEST 166 FEET,

MORE OR LESS, TO SAID WEST LINE OF SAID WEST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG SAID WEST LINE 97 FEET TO THE POINT OF COMMENCEMENT.

PARCEL 15: (APN: 614-100-022)
THE SOUTH 60.00 FEET OF ALL THAT PORTION OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN

THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN

BY UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF SOUTHEAST

QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 95.00 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST, 168.00 FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTER

LINE OF THE WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26;
THENCE SOUTH ALONG SAID CENTER LINE, 254.00 FEET;
THENCE WEST, 168.00 FEET; MORE OR LESS, TO THE WEST LINE OF SAID WEST

HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26;

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1129 of 1610 THENCE NORTH ALONG SAID WEST LINE, 254.00 FEET TO THE POINT OF BEGINNING.

PARCEL 16: (APN: 614-100-023)

THE NORTHERLY ONE-HALF OF THAT PORTION OF THE WEST HALF OF THE WEST

HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, BY METES AND BOUNDS:

BEGINNING AT A POINT ON THE WESTERLY LINE OP SAID "WEST HALF OF THE

WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 230.00 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF;
THENCE CONTINUING NORTHERLY ON SAID WESTERLY LINE TO A POINT 349.00

FEET SOUTH OF THE NORTHWEST CORNER OF SAID WEST HALF OF THE WEST

HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EAST, 168.00 FEET, MORE OR

LESS, TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON SAID EAST LINE TO A POINT 230.00 FEET NORTH OF

SOUTHEAST CORNER OF SAID WEST HALF OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST TO THE POINT OF BEGINNING.

PARCEL 17: (APN: 614-100-024)
THE SOUTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:

THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID WEST HALF OF THE

WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 230 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE CONTINUING NORTHERLY, ON SAID WESTERLY LINE, TO A POINT 349 FEET SOUTH OF THE NORTHWEST CORNER OF

SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1130 of 1610 NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EAST 168 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF

OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON SAID EAST LINE, TO A POINT 230 FEET NORTH OF THE SOUTHEAST CORNER OF

SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST CORNER

OF SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST, TO THE POINT OF BEGINNING.

PARCEL 18: (APN: 614-100-018)

THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND

MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF 711E NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 147.00 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;
THENCE NORTH, ALONG SAID WEST LINE, 83.00 FEET; THENCE EAST 168.00 FEET,

MORE OR LESS, TO THE EAST LINE OF SAID WEST HALF OF THE WEST HALF OF

THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH, ALONG SAID EAST LINE, 83.00 FEET; THENCE WEST 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY.

PARCEL 19: (APN: 614-100-019)
ALL THAT PORTION OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7

EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1131 of 1610 COMMENCING AT A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, DISTANT WESTERLY THEREON, 336.00 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE NORTHERLY, ALONG THE WEST LINE OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING, SAID

POINT ALSO BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO PRECILLA JOHNSON, BY DEED RECORDED AUGUST 29, 1966 AS INSTRUMENT NO. 87273 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID LAND CONVEYED TO PRECILLA JOHNSON, 122.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 89° 27' 00" EAST, ALONG THE NORTHERLY LINE OF SAID LAND

CONVEYED TO
PRECILLA JOHNSON, 146.00 FEET OT THE NORTHWEST CORNER OF THE RIGHT-OFWAY FOR STREET PURPOSES CONVEYED TO THE CITY OF INDIO BY DEED RECORDED OCTOBER 3, 1955
IN BOOK 1801 PAGE 253 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 18° 00' 00" WEST, 49.00 FEET;
THENCE SOUTH 00° 12' 45" WEST, 934 FEET TO THE NORTHERLY LINE OF THE LAND
CONVEYED TO EMMA LEE PAIGE, BY DEED RECORDED APRIL 2, 1953 IN BOOK 1457 PAGE 490
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

THENCE WESTERLY, ALONG SAID LAST MENTIONED NORTHERLY LINE OF THE LAND
CONVEYED TO EMMA LEE PAIGE, 49.16 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID LAND

CONVEYED TO EMMA LEE PAIGE,

66.00 FEET TO A LINE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26,
AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE WESTERLY,

ALONG SAID LAST MENTIONED PARALLEL LINE, TO THE TRUE POINT OF BEGINNING.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1132 of 1610 PARCEL 20: (APN: 614-100-020)

THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST

QUARTER OF SAID SECTION
26; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, 200.00 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 00° 46' 15" EAST, 91.00 FEET; THENCE WEST,

50.00 FEET; THENCE SOUTH 00° 46' 15" WEST, 91.00 FEET TO THE SOUTHERLY LINE

OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY

ON SAID SOUTHERLY LINE,

50.00 FEET TO THE POINT OF BEGINNING.

PARCEL 21: (APN: 614-101-001)

ALL THAT PORTION OF THE EAST HALF OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY

UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF OF SOUTHEAST

QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID WEST HALF OF

SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 47.5 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MALISSIE LASTER, ET AL. BY DEED RECORDED APRIL 13, 1943, IN BOOK 574, PAGE 439 OF OFFICIAL RECORDS; THENCE WEST

ALONG THE

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1133 of 1610 NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE WEST LINE OF

SAID EAST HALF OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID WEST LINE, 47.5 FEET TO THE NORTH LINE OF SAID EAST HALF OF WEST

HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION; THENCE EAST ALONG SAID NORTH LINE, 168.00 FEET. MORE OR LESS, TO THE POINT OF BEGINNING.

SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RIVERSIDE COUNTY RECORDS.

PARCEL 22: (APN: 614-101-002)

THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT 47.50 FEET SOUTH OF THE NORTHEAST CORNER OF THE

WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 95.00 FEET;

THENCE WESTERLY AND PARALLEL WITH THE NORTH LINE OF SAID SECTION, 168.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE EAST HALF OF THE

WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTHERLY ON SAID WESTERLY LINE, 95.00 FEET; THENCE EASTERLY 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION LYING WITHIN LARKSPUR STREET.

PARCEL 23: (APN: 614-101-003)

NORTH HALF OF THAT CERTAIN PARCEL OF REAL PROPERTY, PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT 142.50 FEET SOUTH FROM THE NORTHEAST CORNER OF

THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, OF THE SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 95.00 FEET, TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION, A DISTANCE OF 168.00 FEET, THENCE AT A RIGHT ANGLE NORTH 95.00 FEET TO A POINT; THENCE EAST TO THE POINT OF BEGINNING.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1134 of 1610 ALSO SHOWN AS PARCEL 1 ON PARCEL NAP RECORDED IN BOOR 1, PAGE 40 OF PARCEL NAPS, RIVERSIDE COUNTY RECORDS.

PARCEL 24: (614-101-004)

THE SOUTH HALF OF THAT CERTAIN PARCEL PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 142.5 FEET SOUTH OF THE NORTHEAST

CORNER OF THE WEST HALF

OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN

BERNARDINO BASE AND
MERIDIAN; THENCE SOUTH 95 FEET TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE SAID SECTION A DISTANCE OF 168 FEET; THENCE NORTH 95 FEET TO A POINT; THENCE EAST TO THE POINT OF BEGINNING.

PARCEL 25: (APN: 614-101-005)
THE NORTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:

BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, 285.00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF;
THENCE NORTH ON SAID EAST LINE, 47.50 FEET;
THENCE WEST, 168.00 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST

HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH, ON SAID EAST LINE, 47.50 FEET; THENCE EAST 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1135 of 1610

EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE CITY OF INDIO, BY DEED RECORDED JANUARY 7, 1971, AS INSTRUMENT NO, 1478, OF OFFICIAL RECORDS.

PARCEL 26: (APN: 614-101-006)

ALL THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 332.50

FEET SOUTH OF THE NORTHEAST CORNER THEREOF, SAID POINT BEING THE

NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO FLETCHER MAKES AND CLARA V. MAKES, HUSBAND AND WIFE, BY DEED RECORDED APRIL 13, 1943 IN BOOK 574, PAGE 442 OF OFFICIAL RECORDS; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR

LESS, TO THE WEST LINE OF SAID EAST HALF OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH ALONG SAID WEST LINE 71.25 FEET MORE OR LESS TO THE

SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO LILLY CHAPPELL, BY DEED RECORDED MAY 13, 1953 AS INSTRUMENT NO. 23479, OFFICIAL RECORDS;
THENCE EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 168.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE SOUTHERLY 71.25 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN

PARCEL OF
LAND CONVEYED TO FLETCHER MAKES AND CLARA V. MAKES, BY DEED RECORDED APRIL 13,
1943 IN BOOK 574, PAGE 442, OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING.

PARCEL 27: (APN: 614-101-007)

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1136 of 1610 PARCEL 1 OF PARCEL MAP ON FILE IN BOOK 1 PAGE 41 OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS.

PARCEL 28: (APN: 614-101-008)

THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 242.50
FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG SAID EAST LINE, 47.50 FEET;

THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 168.00 FEET TO THE WEST LINE

OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;

THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 47.50 FEET;

THENCE EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 168.00 FEET TO THE POINT OF BEGINNING.

PARCEL 29: (APN: 614-101-009)
ALL THAT PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION, 195 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG SAID EAST LINE, 47.5 FEET; THENCE WEST, 168 FEET; THENCE SOUTH 47.5 FEET; THENCE EAST TO THE POINT OF BEGINNING.

SAID PROPERTY IS ALSO SHOWN ON THE LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1137 of 1610 PARCEL 30: (APN: 614-101-010)

ALL THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO

THE OFFICIAL PLAT THEREOF,
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EAST LINE OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, 147.5 FEET NORTH OF THE SOUTHEAST CORNER THEREOF;
THENCE NORTH ALONG SAID EAST LINE, 47.5 FEET;
THENCE WEST 168.00 FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTER

LINE OF SAID WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH ALONG SAID CENTER LINE 47.5 FEET;
THENCE EAST, 168.00 FEET TO THE POINT OF BEGINNING.

SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL 31: (APN: 614-101-011)
THAT PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OP SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION;

THENCE NORTHERLY ALONG
THE EAST LINE OF SAID WEST 1/2, 100.00 FEET, SAID POINT BEING THE

NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO TRUSTEES OF THE

AFRICAN METHODIST EPISCOPAL
CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE WESTERLY ALONG THE

SOUTHERLY LINE OF

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1138 of 1610 SAID TRACT OF THE LAND CONVEYED TO LONNIE CHATAM, 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY AND PARALLEL WITH SAID EAST LINE, 20.00 FEET, THENCE WESTERLY AND PARALLEL WITH SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID EAST 1/2 OF THE WEST 1/2 OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG SAID WEST LINE, 20.00 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.

PARCEL 32: (APN: 614-101-012)

THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND

MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EAST LINE OF SAID EAST HALF OF THE WEST

HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100.00 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; SAID POINT BEING THE NORTHEAST CORNER OF

THAT CERTAIN PARCEL OF LAND CONVEYED TO THE TRUSTEES OF THE AFRICAN METHODIST EPISCOPAL CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL AND WESTERLY

EXTENSION
THEREOF, 168.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID EAST HALF OF

THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID WEST LINE, 47.5 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOE DAVIS AND LUCY M. DAVIS, HUSBAND AND WIFE, BY DEED RECORDED MARCH 10, 1943 IN BOOK 570 PAGE 600 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE EAST LINE OF

SAID EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE, 47.5 FEET TO THE POINT OF BEGINNING;

EXCEPTING THEREFROM THAT PORTION CONVEYED TO FRED JOHNSON, ET AL, BY DEED RECORDED OCTOBER 16, 1947 AS INSTRUMENT NO. 1741, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTHERLY ALONG THE EAST LINE OF

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1139 of 1610 SAID WEST HALF, 100.00 FEET, SAID POINT BEING THE NORTHEAST CORNER OF A

PARCEL OF LAND CONVEYED TO TRUSTEES OF THE AFRICAN METHODIST EPISCOPAL CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID TRACT OF LAND CONVEYED TO LONNIE CHATAM, 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY AND PARALLEL WITH SAID EAST LINE, 20.00 FEET; THENCE WESTERLY AND PARALLEL WITH SAID SOUTHERLY LINE, 28.00 FEET, MORE OR

LESS, TO THE WEST LINE OF SAID EAST HALF OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE, 20.00 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.

PARCEL 33: (APN: 614-101-013)

THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG THE EAST LINE OF THE

WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PROPERTY CONVEYED TO FIRST A.M.E. CHURCH BY DOCUMENT RECORDED MAY 18, 1976 AS INSTRUMENT NO. 68316 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE PROPERTY CONVEYED TO SAID CHURCH, 168.00 FEET,

MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF THE WEST HALF OF

THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTHERLY ALONG SAID WESTERLY LINE

TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE WEST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 168.00 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE SOUTHERLY 25.00 FEET THEREOF AS CONVEYED TO THE CITY OF INDIO BY DOCUMENT RECORDED APRIL 26, 1957 IN BOOK 2078 PAGE 367 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL 34: (APN: 614-101-014)

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1140 of 1610

THE WEST ONE-HALF OF THE NORTH ONE-HALF OF THE WEST ONE-HALF OF THE NORTH 2.00

ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26 OF TOWNSHIP 5 RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.

PARCEL 35: (APN: 614-101-016)

THE WEST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH TWO

ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.

PARCEL 36: (APN: 614-101-017)

THE WEST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH 2

ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

PARCEL 37: (APN: 614-101-018)

THE EAST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH 2 ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

PARCEL 38: (APN: 614-101-019)
THE WEST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES OF THE EAST

QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1141 of 1610

EXCEPT ANY PORTION LYING WITHIN THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26.

PARCEL 39: (APN: 614-101-020)
THE WEST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES

OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,

SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.

PARCEL 40: (APN: 614-101-021)
THE EAST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES

OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26 OF TOWNSHIP 5 RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.

PARCEL 41: (APN: 614-101-022)

THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,

SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;

THENCE EASTERLY ON THE NORTHERLY
LINE OF SAID SOUTH 1 ACRE 254.00 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SAMUEL R. CLARK AND LAURA CLARK, BY DEED DATED SEPTEMBER 16,
1948, THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY AND PARALLEL

WITH THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 132.00 FEET MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SOUTH 1 ACRE; THENCE EASTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE 76.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SOUTH 1 ACRE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 132.00 FEET MORE OR LESS, TO THE NORTHEASTERLY CORNER OF SAID SOUTH 1 ACRE; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTH ACRE

76.00 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1142 of 1610 PARCEL 42: (APN: 614-101-023)

THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,

SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS METES AND BOUNDS AS FOLLOWS:

BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EASTERLY ON THE NORTHERLY LINE OF SAID SOUTH 1 ACRE, 200 FEET

TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO FELEX MC GEE AND EVA MC GEE BY DEED RECORDED APRIL 4, 1947 IN BOOK 826 PAGE 380 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ON THE SAID NORTHERLY LINE 54 FEET; THENCE SOUTHERLY AND PARALLEL WITH THE

EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 133.63 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SOUTH 1 ACRE; THENCE WESTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE 54 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SUSIE WHITMON BY DEED RECORDED JANUARY 7, 1946 IN BOOK 721 PAGE 414 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

THENCE NORTHERLY AND PARALLEL WITH

THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, ALONG EASTERLY LINE OF SAID PARCEL OF

LAND CONVEYED TO SUSIE WHITMON AND CONTINUING ALONG THE EASTERLY

LINE OF SAID PARCEL OF LAND CONVEYED TO FELEX MC GEE AND EVA MC GEE, A TOTAL OF 133.63 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.

PARCEL 43: (APN: 614-101-024)

THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,

SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED BY METES AND BOUNDS, AS FOLLOWS:

BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3.00

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1143 of 1610

ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE EASTERLY ON THE NORTHERLY LINE OF SAID SOUTH 1 ACRE, 150.00

FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO THE GRANTEES BY DEED RECORDED MARCH 28, 1944 IN BOOK 622, PAGE 113 OF OFFICIAL RECORDS, THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ON SAID NORTHERLY LINE 50.00 FEET; THENCE SOUTHERLY AND

PARALLEL WITH THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 75.00 FEET TO A POINT ON THE

NORTHERLY LINE OF THAT PARCEL OF LAND CONVEYED TO WALTER PRATT AND EDDIE G. KNIGHT BY DEED RECORDED SEPTEMBER 17, 1943 IN BOOK 596, PAGE 316 OF OFFICIAL RECORDS;
THENCE WESTERLY ALONG SAID LAST MENTIONED NORTHERLY LINE 50.00 FEET

TO THE SOUTHEAST CORNER OF SAID LAND PREVIOUSLY CONVEYED TO THE GRANTEES HEREIN; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING.

PARCEL 44: (APN: 614-101-025)

THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7

EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH 2.00 ACRES OF SAID EAST HALF; THENCE EAST 100 FEET ON THE SOUTH LINE OF SAID NORTH 2.00 ACRES TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING EAST 50.00 FEET ON SAID SOUTH LINE;
THENCE SOUTH 75.00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF; THENCE WEST 50.00 FEET, PARALLEL WITH THE EAST LINE OF SAID NORTH 2.00 ACRES;
THENCE NORTH 75 .00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF TO THE TRUE POINT OF BEGINNING.

PARCEL 45: (APN: 614-101-026)

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1144 of 1610

THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7

EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2 ACRES OF SAID EAST HALF; THENCE WEST 130.00 FEET ON THE NORTH LINE OF SAID SOUTH 2.00 ACRES

TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF INDIO RECORDED FEBRUARY 1, 1962 AS INSTRUMENT NO. 10152 OF OFFICIAL RECORDS;
THENCE NORTH 00° 14' 30" EAST, 15.00 FEET ON THE EAST LINE OF LAST SAID LAND TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET ON THE NORTHERLY LINE OF LAST

SAID LAND TO THE BEGINNING OF A CURVE THEREIN, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
THENCE NORTHWESTERLY 17.62 FEET ON SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 50° 27' 18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY 54.14 FEET ON LAST SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 88° 38' 00" TO THE TRUE POINT OF

BEGINNING, A RADIAL TO SAID
POINT BEARS NORTH 43° 42' 30" WEST;
THENCE NORTH 55° 42' 40" WEST TO THE WEST LINE OF SAID EAST HALF;

THENCE NORTH ON SAID WEST LINE TO THE SOUTHWEST CORNER OF THE NORTH 2.00 ACRES OF SAID EAST HALF;
THENCE EAST 100.00 FEET ON THE SOUTH LINE OF SAID NORTH 2.00 ACRES; THENCE SOUTH 75.00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID NORTH 2.00 ACRES TO

THE NORTHEAST CORNER OF THE LAND CONVEYED TO JAMES HAMPTON AND QUILLAR HAMPTON BY DEED RECORDED FEBRUARY 8, 1962 AS INSTRUMENT NO. 12456 OF OFFICIAL RECORDS; THENCE SOUTH 20° 33' 30" EAST, 25.26 FEET ON THE

EASTERLY LINE OF LAST SAID LAND TO THE MOST EASTERLY CORNER THEREOF

AND THE NORTHERLY LINE OF SAID LAND

DESCRIBED IN DEED TO THE CITY OF INDIO, SAID NORTHERLY LINE BEING A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET;

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1145 of 1610

THENCE SOUTHWESTERLY ON SAID CURVE AND SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING.

PARCEL 46: (APN: 614-101-027)

THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7

EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID EAST HALF, 267.25 FEET NORTHERLY FROM THE SOUTHEAST CORNER;
THENCE SOUTH 89° 28' 12" WEST ALONG THE CENTER LINE OF VIOLA COURT, 130.00 FEET; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID EAST HALF, 15.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET;

THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 20.00 FEET, A DISTANCE OF 17.62 FEET;

THENCE CONTINUING WESTERLY ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 35.00 FEET, A DISTANCE OF 28.61 FEET; THENCE NORTH 23° 33' 30" WEST, 25.26 FEET;
THENCE EASTERLY 85.83 FEET; THENCE SOUTHERLY PARALLEL TO THE EASTERLY LINE OF SAID EAST HALF, 43.46 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 47: (APN: 614-101-028)

THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2.00 ACRES OF SAID EAST HALF; THENCE WEST 130.00 FEET ON THE NORTH LINE OF SAID SOUTH 2.00

ACRES TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO THE

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1146 of 1610 CITY OF INDIO RECORDED FEBRUARY 1, 1962 AS INSTRUMENT NO. 10152 OF OFFICIAL RECORDS;
THENCE NORTH 00° 14' 30" EAST, 15.00 FEET ON THE EAST LINE OF LAST SAID LAND TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET ON THE NORTHERLY LINE OF LAST

SAID LAND TO THE BEGINNING OF A CURVE THEREIN CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
THENCE NORTHWESTERLY 17.62 FEET ON SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 50° 27' 18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY 54.14 FEET ON LAST SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 88° 38' 00" TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS NORTH 43° 42' 30" WEST; THENCE NORTH 55° 42' 40" WEST TO LINE WEST LINE OF SAID EAST HALF;

THENCE SOUTH ON SAID WEST LINE TO THE NORTHWEST CORNER OF THE SOUTH 2.00 ACRES OF SAID EAST HALF;
THENCE EAST ON THE NORTH LINE OF SAID SOUTH 2 ACRES TO THE MOST WESTERLY CORNER OP SAID LAND DESCRIBED IN DEED TO THE CITY OF INDIO;

THENCE NORTHEASTERLY ON THE NORTHERLY LINE OF LAST SAID LAND TO THE TRUE POINT OF BEGINNING.

PARCEL 48: (APN: 614-101-029)

THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH 89° 27' 00" EAST, 996.10 FEET ON THE SOUTH LINE THEREOF TO

THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST

QUARTER OF THE NORTHWEST QUARTER, OF THE NORTHWEST QUARTER OF SAID SECTION;

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1147 of 1610 THENCE NORTH 00° 13' 37" EAST, 162.42 FEET ON THE WEST LINE OF SAID EAST ONE-HALF TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00° 13' 37" EAST, 104.94 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1 ACRE OF THE SOUTH 3 ACRES OF THE EAST ONEHALF OF SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH 89° 28' 12" EAST, 88.39 FEET ALONG SAID SOUTH LINE TO THE

BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 89° 28' 12" WEST;
THENCE SOUTH AND SOUTHEASTERLY, 33.25 FEET ON SAID CURVE THROUGH A CENTRAL ANGLE OF 54° 26' 18";
THENCE SOUTH 53° 17' 35" WEST, 129.06 FEET TO THE TRUE POINT OF BEGINNING.

SAID LAND IS SHOWN AS PARCEL 1 ON A MAP FILED IN BOOK 47, PAGE 32 OF

RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 49: (APN: 614-101-030)
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTH 2.00 ACRES OF THE

EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF;

EXCEPTING THEREFROM BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SAID SOUTH 2.00 ACRES; THENCE WESTERLY ON THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTH 2.00 ACRES

77.43 FEET; THENCE SOUTHEASTERLY ON A CURVE CONCAVE TO THE NORTHEAST WHOSE RADIUS IS 35.00 FEET AND WHOSE CENTRAL ANGLE IS 140° 29' 00" AND AN ARC LENGTH OF 85.75 FEET; THENCE NORTHEASTERLY ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS IS 20.00 FEET AND WHOSE CENTRAL ANGLE IS 50° 29' 00" AND AN ARC LENGTH OF 17.68 FEET; THENCE NORTHERLY ON A NON-TANGENT LINE A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING;

EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHERLY 2.00 ACRES OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF;

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1148 of 1610 SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST; THENCE SOUTH 00° 11' 00" WEST ALONG THE WEST LINE

OF SAID SECTION
1,338.63 FEET TO THE CENTER LINE OF DATE STREET; THENCE NORTH 89° 27' 00" EAST ALONG THE CENTER LINE OF DATE STREET, 1,328.07 FEET TO THE CENTER LINE OF MARIGOLD LANE; THENCE NORTH 00° 14' 30" EAST ALONG THE CENTER

LINE OF MARIGOLD
LANE, 267.25 FEET; THENCE SOUTH 89° 28' 12" WEST ALONG THE CENTER LINE OF VIOLA COURT, 243.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING 89° 28' 12" WEST, 88.39 FEET; THENCE SOUTH 00° 13' 37" WEST, 104.94 FEET; THENCE NORTH 53° 17' 35" EAST, 129.06 FEET; THENCE NORTHWESTERLY ALONG A 35.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 54° 26' 18" AN ARC LENGTH OF 33.25 FEET TO THE TRUE POINT OF BEGINNING;
SAID LAND IS SHOWN AS PARCEL 2, AS SHOWN BY MAP ON FILE IN BOOK 47 PAGE 32 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL 50: (APN: 614-101-031)
THE NORTH 75.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTH 2.00 ACRES

OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. SAID NORTH 75.00 FEET BEING MEASURED ON THE EAST LINE OF SAID EAST HALF.

EXCEPT THE EAST 81.00 FEET.

ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF INDIO, BY DEED RECORDED SEPTEMBER 23, 1957 AS INSTRUMENT NO. 68227 OF OFFICIAL RECORDS.

PARCEL 51: (APN: 614-101-032)
THAT PORTION OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1149 of 1610 BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2 ACRES OF THE EAST

HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 2 ACRES

81.00 FEET; THENCE SOUTH PARALLEL WITH SAID EAST LINE 75.00 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE 81.00 FEET TO A POINT IN SAID EAST LINE; THENCE NORTH ALONG SAID EAST LINE, 75.00 FEET TO THE POINT OF BEGINNING.

PARCEL 52: (APN: 614-101-033)
THE EAST 81.00 FEET OF THE NORTHEAST QUARTER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7

EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT THE NORTH 75.00 FEET, MEASURED ON THE EAST LINE OF SAID EAST HALF.

PARCEL 53: (APN: 614-101-034)
THE NORTHEAST QUARTER OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPT THE NORTH 75.00 FEET, MEASURED ON THE EAST LINE OF SAID EAST HALF. ALSO EXCEPT THE EAST 81.00 FEET.

PARCEL 54A: (APN: PORTION 614-101-035)
THAT PORTION OF THE SOUTH 1.00 ACRE OF THE EAST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND

MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1150 of 1610

BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE NORTH 00° 46' 40" EAST 100.00 FEET; THENCE EAST 50.00 FEET;
THENCE SOUTH 00° 46' 40" WEST, 100.00 FEET;
THENCE WEST 50.00 FEET TO THE POINT OF BEGINNING.

PARCEL 54B: (APN: PORTION 614-101-035)
THAT PORTION OF THE SOUTH 1.00 ACRE OF THE EAST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND

MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH 89° 27' 00" WEST, 331.95 FEET;
THENCE NORTH 00° 13' 37" EAST, 100.00 FEET TO THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING NORTH 00° 13' 37" EAST, 31.24 FEET;
PARCEL 55: (APN: 614-101-036)

THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN,

ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EAST ALONG THE SOUTH LINE THEREOF,

50.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 100.00 FEET; THENCE EAST, 50.00 FEET;

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1151 of 1610 THENCE SOUTH, 100.00 FEET TO THE SOUTH LINE OF SAID EAST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST

QUARTER OF SAID SECTION
26; THENCE WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 56: (APN: 614-101-037)

THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100 FEET, TO THE TRUE POINT BEGINNING; THENCE NORTH 100 FEET; THENCE WEST 100 FEET, TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ON SAID WEST LINE, 33.68 FEET, MORE OR LESS,

TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO BILL WOOD BY DEED FILED FOR RECORD AUGUST 8, 1938 AS INSTRUMENT NO. 4346 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EAST ON THE SOUTH

LINE OF THE PARCEL CONVEYED TO BILL WOOD ON THE EASTERLY EXTENSION THEREOF, 236.98 FEET, TO A POINT 95 FEET WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE

SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 133.62 FEET, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST ON SAID SOUTH LINE, 136.95 FEET, TO THE TRUE POINT OF BEGINNING;
EXPECTING THEREFROM THE SOUTH 25 FEET THEREOF AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 5, 1947 IN BOOK 818 PAGE 227 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXPECTING THEREFROM THAT PORTION AS CONVEYED TO JAMES B.

HAMPTON AND QUILLAR K. HAMPTON, HUSBAND AND WIFE AS JOINT TENANTS, DESCRIBED AS FOLLOWS:

A PORTION OF THE SOUTH 1 ACRE OF THE EAST HALF OF THE SOUTHEAST

QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1152 of 1610 SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 89° 27' WEST 331.95FEET; THENCE NORTH 00° 13' 37' EAST 100 FEET TO THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING NORTH 00° 13' 37" EAST, 31.24 FEET; THENCE SOUTH 89° 27' WEST,

50.00 FEET, MORE OR LESS TO THE POINT OF BEGINNING.

PARCEL 57A: (APN: PORTION 614-101-038)
THE EAST 91.00 FEET OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF. ALSO EXCEPT THE EAST 75.00 FEET.

PARCEL 57B: (APN: PORTION 614-101-038)
THE WEST 4.00 FEET OF THE EAST 95.00 FEET OF THE SOUTH 2.00 ACRES OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF.

PARCEL 58: (APN: 614-101-039)
THE EAST 75.00 FEET OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE

SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1153 of 1610

SITE PLAN

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1154 of 1610

EXHIBIT B

PROJECT DESCRIPTION
HCL Indio Land Development LLC (the “Developer”) has proposed to acquire 15.35 acres of the City’s 19.04 acres for private development. This area will be comprised of new Parcels 1-5. The remaining 3.69 acres (Parcel 6) will be developed with a public park and public parking to be owned and operated by the City. Prior to the purchase and transfer of the parcels to Developer, a development agreement must be approved by the Indio City Council in accordance with California Government Code Title 17, Division 1, Chapter 4, Article 2.5, Development Agreements, Sections 65864-65869.5.

The Development Agreement is intended to address required on-site and off-site improvements that are further described below.

Overview of Developer’s Development Vision for Parcels 1-5:

Developer proposes to develop Parcels 1 and 2 comprised of approximately 8.36 acres for multi-family residential land uses. Developer proposes to develop Parcel 3 comprised of approximately 4.23 acres as hospitality and retail land uses. Developer proposes to develop Parcels 4 and 5 that are approximately 1.38 acres and 1.39 acres, respectively, in size as surface parking lots for the benefit of Parcels 1-3 and the surrounding community. Developer’s proposed development of Parcels 1-5 will be required through entitlement processing to demonstrate compliance to the land use allowances and design and development standards of the Highway 111 Corridor Specific Plan.

Developer proposes that the design of the vehicular circulation through and around the site will incorporate all of the parcels and their respective developments as a cohesive master planned project. Each individual parcel is proposed to have its own personal design to allow for individual identity while maintaining certain architectural elements to link Parcels 1 through 5 architecturally. The roadway design, parking areas, pedestrian paths and landscaping will provide the design and circulation link between the parcels.

Developer is proposing that the on-site improvements have high architectural quality, be well landscaped, and be efficiently and aesthetically designed. The shape, scale, exterior design and exterior finishes of future buildings shall be coordinated throughout the development of each parcel and shall conform to the Highway 111 Corridor Specific Plan. Developer proposes that the location and scale of future development shall take into consideration the adjacent property uses, guiding the placement and proximity of the improvements to the surrounding streets, developments, adjacent neighborhoods as well in accordance with relevant regulatory provisions of the Highway 111 Corridor Specific Plan.

The Project shall include the following:

To ensure that the development of the 19.04 acres meets the visions and policies of the City of Indio General Plan 2040 and is consistent with the Highway 111 Corridor Specific Plan, this Agreement shall include the following:

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1155 of 1610

1. Parcel 1 (2.79 acres) may be combined with the adjacent 1.39 acre Parcel acquired from the owner, Indio Grand Marketplace LLC through a lot merger approved by the City of Indio to create a 4.18 acre Phase 1 residential development area.

2. Approximately 125 residential apartments shall be constructed on the combined

4.18 acre site and shall be constructed with three or four stories pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.

3. Parking for the residential apartments shall be fully contained within the boundaries of the 4.18 acres site, shall be a combination of covered and uncovered parking and shall be designed in accordance with the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.

4. The residential apartments may be rented at market rate prices.

5. The residential apartments shall exhibit high architectural quality pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations and shall have interior amenities to respond to consumer demands.

6. The residential apartments shall be supported with on-site amenities for the residents.

7. Parcel 2 comprised of approximately 5.57 acres shall be developed with approximately 170 residential units and shall be constructed with three or four stories pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations .

8. Parking for the Parcel 2 residential apartments shall be fully contained within the boundaries of the 5.57 acres site, shall be a combination of covered and uncovered parking and shall be designed in accordance with the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.

9. The parcel 2 residential apartments may be rented at market rate prices.

10.The Parcel 2 residential apartments shall exhibit high architectural quality pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations and shall have interior amenities to respond to consumer demands.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1156 of 1610

11.The Parcel 2 residential apartments shall be supported with on-site for the residents.

12.Parcel 3 comprised of 4.23 acres shall be to be developed with a hotel and multiple restaurant or retail pads. The hotel shall be a mid-to-higher level rated hotel product with a minimum of 120 rooms. The hotel and restaurant or retail use shall be developed pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other applicable local or state or federal regulations.

13.Parcels 4 and 5 comprised of 1.38 acre and 1.39 acres, respectively, in size shall be comprised of surface parking spaces to provide overflow parking for Parcels 1-

3. The surface parking spaces shall be developed pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other applicable local or state or federal regulations.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1157 of 1610 (Intentionally Left Blank)

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1158 of 1610

EXHIBIT C

DESCRIPTION OF OFF-SITE PUBLIC IMPROVEMENTS

1. On Monroe Street, Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall remove and replace existing concrete sidewalk and street lights; install a traffic signal and construct a site access driveway.

2. On John Nobles Avenue, Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall remove and replace existing concrete sidewalk, street lights, driveways and curb and gutter; and existing utility poles; and adjust existing water valves and sewer manholes as necessary.

3. On Rubidoux Street, Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall remove and replace existing concrete sidewalk, cross-gutter, driveways, curb ramp, and curb and gutter and install new street lights.

4. Developer shall carry out the design and construction of required public improvements in conformity with all applicable laws, including all applicable state labor standards, the City’s engineering standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation (to the extent applicable) the Prevailing Wage Laws (Labor Code Sections 1720 et seq.), Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

5. Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall construct public park improvements on Parcel 6 to be owned by the City comprised of hardscape, landscape, surface parking areas, signage and other related park improvements.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1159 of 1610

EXHIBIT D

LEGAL DESCRIPTION OF PUBLIC PARK SITE
(Legal description and parcel map currently being prepared and will be inserted in to the final document)

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1160 of 1610 1 ORDINANCE NO.
1783

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE

CITY OF INDIO AND HCL INDIO LAND DEVELOPMENT, LLC FOR THE DEVELOPMENT OF APPROXIMATELY 19.04 ACRES OF CITY-OWNED

PROPERTY LOCATED SOUTH OF THE INDIO GRAND MARKETPLACE
(FORMERLY KNOWN AS THE INDIO FASHION MALL) AND GENERALLY

LOCATED WEST OF MONROE STREET, EAST OF RUBIDOUX STREET, AND

NORTH OF JOHN NOBLES AVENUE AND FINDING SAID ADOPTION IS

EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE PROVISIONS OF SECTION 15004 OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) GUIDELINES
WHEREAS, the City of Indio is the owner of certain real properties bounded by Rubidoux Street on the east, Monroe Street on the west, John Nobles Avenue on the south and the existing Indio Marketplace development on the north further identified as:

Parcel 1: (APN: 614-100-001), Parcel 2: (APN: 614-100-002), Parcel 3: (APN: 614-100- 003), Parcel 4: (APN: 614-100-004), Parcel 5A: (APN: PORTION 614-100-005), Parcel 5B: (APN: PORTION 614-100-005), Parcel 6: (APN: 614-100-006), Parcel 7: (APN: 614- 100-007), Parcel 8: (APN: 614-100-008), Parcel 9: (APN: 614-100-009), Parcel 10:
(APN: 614-100-010), Parcel 11: (APN: 614-100-011), Parcel 12: (APN: 614-100-012), Parcel 13: (APN: 614-100-013), Parcel 14: (APN: 614-100-021), Parcel 15: (APN: 614- 100-022), Parcel 16: (APN: 614-100-023), Parcel 17: (APN: 614-100-024), Parcel 18:
(APN: 614-100-018), Parcel 19: (APN: 614-100-019), Parcel 20: (APN: 614-100-020), Parcel 21: (APN: 614-101-001), Parcel 22: (APN: 614-101-002), Parcel 23: (APN: 614- 101-003), Parcel 24: (APN: 614-101-004), Parcel 25: (APN: 614-101-005), Parcel 26:
(APN: 614-101-006), Parcel 27: (APN: 614-101-007), Parcel 28: (APN: 614-101-008), Parcel 29: (APN: 614-101-009), Parcel 30: (APN: 614-101-010), Parcel 31: (APN: 614- 101-011), Parcel 32: (APN: 614-101-012), Parcel 33: (APN: 614-101-013), Parcel 34:
(APN: 614-101-014), Parcel 35: (APN: 614-101-016), Parcel 36: (APN: 614-101-017), Parcel 37: (APN: 614-101-018), Parcel 38: (APN: 614-101-019), Parcel 39: (APN: 614- 101-020), Parcel 40: (APN: 614-101-021), Parcel 41: (APN: 614-101-022), Parcel 42:
(APN: 614-101-023), Parcel 43: (APN: 614-101-024), Parcel 44: (APN: 614-101-025), Parcel 45: (APN: 614-101-026), Parcel 46: (APN: 614-101-027), Parcel 47: (APN: 614- 101-028), Parcel 48: (APN: 614-101-029), Parcel 49: (APN: 614-101-030), Parcel L 50:
(APN: 614-101-031), Parcel 51: (APN: 614-101-032), Parcel 52: (APN: 614-101-033), Parcel 53: (APN: 614-101-034), Parcel 54A: (APN: PORTION 614-101-035), Parcel 54B: (APN: PORTION 614-101-035), Parcel 55: (APN: 614-101-036), Parcel 56: (APN:
614-101-037), Parcel 57A: (APN: PORTION 614-101-038), Parcel 57B: (APN:

PORTION 614-101-038) and Parcel 58: (APN: 614-101-039); and, WHEREAS, on July 20, 2022, the City of Indio City Council approved a Disposition and Development Agreement with HCL Indio Land Development, LLC for

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1161 of 1610 2 15.35 acres of land for future private development inclusive of portions of the aforementioned parcels of land; and,
WHEREAS, the City now seeks to enter into a Development Agreement with HCL Indio Development, LLC that will set forth certain developer obligations as conditions of future project approval inclusive of the design and construction of a park and community gathering space on Parcel 6 and the design and construction of off-site improvements on Monroe Street, John Nobles, and Rubidoux Street; and, WHEREAS, California Government Code Section 65865 (a) specifies that any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article; and,
WHEREAS, California Government Code Section 65865.1 specifies that procedures established pursuant to Section 65865 shall include provisions requiring periodic review at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement; and,

WHEREAS, California Government Code Section 65865.2 specifies that a development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time and that the agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and,
WHEREAS, California Government Code Section 65865.4 specifies that unless amended or canceled pursuant to Section 65868, or modified or suspended pursuant to Section 65869.5, and except as otherwise provided in subdivision (b) of Section 65865.3, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city, county, or city and county entering the agreement, which alters or amends the rules, regulations, or policies specified in Section 65866; and,

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1162 of 1610 3 WHEREAS, California Government Code Section 65866 specifies that unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city, county, or city and county, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent a city, county, or city and county from denying or conditionally approving any subsequent development project application on the basis of these existing or new rules, regulations, and policies; and, WHEREAS, California Government Code Section 65867 specifies that a public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body and Notice of intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement; and,

WHEREAS, California Government Code Section 65867.5 (a) specifies that a development agreement is a legislative act that shall be approved by ordinance and is subject to referendum; and,
WHEREAS, California Government Code Section 65867.5 (b) specifies that a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan; and,
WHEREAS, pursuant to Section 15004 of the California Environmental Quality Act (“CEQA”) Guidelines, a public agency may enter into a preliminary agreement regarding a project regarding a project prior to its approval (s), provided that such agreement shall not commit an agency to the project; and, WHEREAS, California State law requires that each city adopt a general plan to describe its long-term goals and its policies and programs to achieve those goals.

Accordingly, the general plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of Indio and, WHEREAS, pursuant to the requirements of the State of California Government Code Section 65300 et. seq., the City of Indio previously prepared a comprehensive update of its General Plan that contains certain elements, describes its long-term goals, and,
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the City as the lead agency determined that an

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1163 of 1610 4 environmental impact report should be prepared to analyze all potential adverse environmental impacts of the Indio 2040 General Plan and the City of Indio Climate Action Plan and further determined that a program environmental impact report was appropriate for the Project; and,
WHEREAS, On August 12, 2015, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research and responsible agencies for review. In addition, a public scoping meeting was held on August 20, 2015 to provide information on the Project and to receive comments on issues to be addressed in the Environmental Impact Report. The City received written comments in response to the NOP, which assisted the City in the scope and analysis for the environmental impact report; and,
WHEREAS, pursuant to California Environmental Quality Act Guidelines Section 15168, a Draft Program Environmental Impact Report (the "Draft EIR") was prepared for the Project. In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal. Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the environment; and,
WHEREAS, consistent with Guidelines Section 15105 the City circulated the Draft EIR (including appendices) for the Project to the public and other interested parties for a 45 day public comment period, from March 15, 2019 to April 29, 2019 by filing a Notice of Availability with the State Office of Planning and Research, publishing a notice in the Desert Sun, a newspaper of general circulation, and releasing the Draft EIR (SCH #2015081021) for public review and comment online at www.indio2040.org; and,
WHEREAS, following the close of the public comment period and after review of the comments received on the Draft EIR, the City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into the Final Environmental Impact Report ("Final EIR"). The responses to public agency comments were delivered to each public agency commenter on or before July 3, 2019, which is more than 10 days prior to any certification of the Final EIR; and,
WHEREAS, the Final EIR was comprised of the Draft EIR dated March 2019, and all appendices thereto; the Comments and Responses to Comments on the DEIR, addenda and errata to the DEIR which are contained in a separate volume, and the Mitigation Monitoring and Reporting Program for the Project, all of which are on file with the City Clerk; and,
WHEREAS, on June 26, 2019, the Planning Commission conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1164 of 1610 5 staff report, accepted and considered public testimony; and, WHEREAS, after due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the FIER and approved Resolution No. 1901 recommending that the City Council certify the Final EIR, adopt findings of fact pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and adopt a statement of overriding considerations for the Project; and,
WHEREAS, on July 17, 2019, the City Council conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the staff report, accepted and considered public testimony and continued the public hearing to a date certain date of August 21, 2019 and subsequently continued the public hearing to a date certain of September 18, 2019; and,
WHEREAS, on September 18, 2019, based upon the evidence presented at the hearing, including the staff report and oral testimony, the City Council certified the Final Environmental Impact Report via Resolution Action; and, WHEREAS, the City Council also adopted the current General Plan 2040 on September 18, 2019; and,
WHEREAS, following the adoption of the General Plan and the certification of the Program Final Environmental Impact Report, the City of Indio applied for and received a $310,000 SB 2 Planning Grant from the California Department of Housing and Community Development; and,
WHEREAS, on March 16, 2020, the City of Indio executed an agreement with the California State Department of Housing and Community Development a grant agreement for the development of a Specific Plan for the Highway 111 Corridor inclusive of the properties described herein. This Specific Plan upon adoption by the City of Indio City Council shall govern land use and development standards for all affected properties. As part of the Specific Plan development, supplemental environmental analysis was conducted; and,
WHEREAS, pursuant to California Government Code Section 65454, no specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan and as such any future private party development actions contemplated under this Development Agreement must be consistent with the adopted Specific Plan that in turn must be consistent with the City’s adopted General Plan; and, WHEREAS, on August 24, 2022, the Planning Commission approved Resolution No. 2034 recommending to the City Council the adoption of the Highway 111 Corridor Specific Plan and the repeal of the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan-300 (MUSP-300); and,

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1165 of 1610 6 WHEREAS, on August 24, 2022, the Planning Commission approved Resolution No. 2033 recommending to the City Council that it make a Finding of Consistency for with the Program Final Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the Highway 111 Corridor Specific Plan; and,
WHEREAS, the City adopted the Mixed Use Specific Plan-300 (MUSP-300) on December 16, 1996 regulating land use and development along both sides of the Highway 111 Corridor from Jefferson Street to Clinton Street; and, WHEREAS, the City adopted the Central Highway 111 Corridor Specific Plan on March 15, 2006 regulating land use and development south of Highway 111, north of John Nobles Avenue, west of Arabia Street and east of Highway 111; and, WHEREAS, beginning in October 2020 and continuing to the present, the City has conducted comprehensive planning efforts for the development of new Specific Plan along Highway 111 from Jefferson Street to Indio Boulevard extending approximately one quarter of a mile on either side of the public right-ofway boundaries of Highway 111; and, WHEREAS, the Highway 111 Corridor Specific Plan is intended to implement the vision of the General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right-of-way improvements; and, WHEREAS, the adoption of the Highway 111 Corridor Specific Plan will repeal and replace the aforementioned Mixed Use Specific Plan-300 (MUSP-300) and the Central Highway 111 Corridor Specific Plan; and,
WHEREAS, the aforementioned Development Agreement is contingent upon the final adoption and implementation of the Highway 111 Corridor Specific Plan thus necessitating the Planning Commission’s review and recommendation to the City Council; and,
WHEREAS, on August 12, 2022, the City mailed notices of public hearing to all property owners within 300 feet on all sides of the certain real properties affected by the Development Agreement and published a legal notice of public hearing in the Desert Sun, the newspaper of record; and,
WHEREAS, on August 24, 2022, the Planning Commission held a duly noticed public hearing to consider the Development Agreement and the facts surrounding said Agreement during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing. At the conclusion of the public hearing, the Planning Commission adopted a resolution recommending to the City Council that it approve the Development Agreement between the City of Indio and the HCL Indio Land Development, LLC; and

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1166 of 1610 7 WHEREAS, on September 21, 2022, the City Council conducted a duly noticed public hearing, at which time, all interested persons were invited to provide testimony and evidence, both in support and in opposition to the proposed Development Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Ordinance are true and correct, are incorporated into this Ordinance by reference and constitute a material part of this Ordinance.

Section 2. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds the aforementioned Development Agreement attached hereto as Exhibit “A” to be consistent with California Government Code Section 65864, et seq., the City of Indio General Plan 2040, and the Highway 111 Corridor Specific Plan based on the following:

1. Pursuant to California Government Code Section 65454, no specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan. The Highway 111 Corridor Specific Plan has been developed to implement the vision, goals and policies of the City of Indio General Plan 2040 adopted by the Indio City Council on September 18, 2019.

2. Pursuant to California Government Code Section 65867, a public hearing on the Development Agreement was held on August 24, 2022 by the City of Indio Planning Commission which recommended approval to the City Council of the Development Agreement.

3. Pursuant to California Government Code Section 65867, notice of the August 24, 2022 Planning Commission public hearing regarding the Development Agreement was conducted in accordance with California Government Code Sections 65090 and 65091 through mailed notices to surrounding property owners of record and publication of a public hearing notice in the newspaper of record. The noticing of the City Council’s public hearing and adoption consideration will be conducted in accordance with California Government Code Sections 65090 and 65091.

4. Pursuant to California Government Code Section 65867.5 (a), the Development Agreement is being processed as a legislative matter and will be considered for potential adoption by the City Council as an ordinance action.

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1167 of 1610 8 5. Pursuant to California Government Code Section 65867.5 (b),a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. The Planning Commission recommended via its approval of Resolution No. 2034 on August 24, 2022, the adoption of the Highway 111 Corridor Specific Plan and the repeal of the Central Highway 111 Corridor Specific Plan and the Mixed-Use Specific Plan-300. Highway 111 Corridor Specific Plan has been developed to implement the vision, goals and policies of the City of Indio General Plan 2040 adopted by the Indio City Council on September 18, 2019. Therefore, the approval of the Development Agreement is intended to establish certain developer obligations as conditions of future project approval for certain real properties transferred to HCL Indio Land Development, LLC through City Council action on July 20, 2022. Future development these real properties must be consistent with the Highway 111 Corridor Specific Plan and as such, any development activities now or in the future contemplated by the Agreement must be consistent with the Highway 111 Corridor Specific Plan that must be consistent with the Indio General Plan 2040 per state law.

6. Pursuant to Section 15004 of the California Environmental Quality Act (“CEQA”) Guidelines, the project described herein is found to be consistent with the Final Environmental Impact Report (FEIR) for the City of Indio General Plan 2040. On September 18, 2019, the City of Indio City Council adopted Resolution No. 10106 certifying the Final Environmental Impact Report, adopting California Environmental Quality Act (CEQA) findings, a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations for the City of Indio General Plan 2040.

Further, on September 18, 2019, the City of Indio City Council adopted Resolution No. 10107 adopting the City of Indio General Plan 2040. On March 16, 2020, the City of Indio executed an agreement with the California State Department of Housing and Community Development a grant agreement for the development of a Specific Plan for the Highway 111 Corridor inclusive of the properties described herein. This Specific Plan upon adoption by the City of Indio City Council shall govern land use and development standards for all affected properties. As part of the Specific Plan development, supplemental environmental analysis is being conducted that will result in a Finding of Consistency with the City of Indio General Plan 2040. Pursuant to California 65454, no specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan. Therefore, any future private party development actions contemplated under the project City shall be consistent with the adopted Specific Plan that in turn must be consistent with the City’s adopted General Plan. The Planning Commission, based on the whole record before it, and pursuant to the provisions of Section 15004 of the California Environmental Quality Act (“CEQA”) Guidelines, recommends that the City Council find in its independent judgment and analysis: (i) that there is no substantial evidence that the project will have a significant effect on the environment than that previously analyzed and contemplated in the certified FEIR; (ii) that the agreement specified herein shall be conditioned on compliance with CEQA pursuant to Section 150004.4.A of the CEQA Guidelines; (iii) that the agreement specified herein shall

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1168 of 1610 9 not bind any party or commit to any definite course of action prior to CEQA compliance pursuant to Section 150004.4.B of the CEQA Guidelines; (iv) that the agreement specified herein shall not restrict the lead agency from considering any feasible mitigation measures and alternatives including the no project alternative pursuant to Section 150004.4.C of the CEQA Guidelines; and (v) that the agreement specified herein shall not restrict the lead agency from denying the project pursuant to Section 150004.4.D of the CEQA Guidelines; and (v) that the agreement specified herein shall not restrict the lead agency from denying the project pursuant to Section 150004.4.D of the CEQA Guidelines
Section 3. Consistent with the provisions of California Government Code Section 65865.1 the Development Agreement attached hereto as Exhibit “A” shall be periodically reviewed at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the City finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the City may terminate or modify the agreement;

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1169 of 1610 10 Section 4. The City Council adopts the findings stated herein and approves the Development Agreement attached hereto as Exhibit “A” between the City of Indio and HCL Indio Land Development, LLC and finds that the approval of the Development Agreement is exempt from further environmental review pursuant to the provisions of Section 15004 of the California Environmental Quality Act (CEQA) Guidelines.

Section 5. The City Manager or designee is hereby authorized to make minor non-substantive corrections to scrivener errors that are identified following the City Council’s adoption of this ordinance.

Section 6. 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 7. The City Clerk shall certify to the passage, approval, and adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law and shall record the Development Agreement with the County Recorder of Riverside County within the period required by Government Code Section 65868.5 PASSED, APPROVED AND ADOPTED this 21st day of September, 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________

WAYMOND FERMON, MAYOR
ATTEST:

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1170 of 1610 11 ________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK
APPROVED AS TO FORM:
________________________________
STEVEN P. GRAHAM

CITY ATTORNEY

COLE HUBER LLP

First Reading of Ordinance No. 1783 approving a Development Agreement be... Page 1171 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: Resolution No. 10325 making a Finding of Consistency with the Program Final Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the adoption of the Highway 111 Corridor Specific Plan
RECOMMENDATION:

Approve Resolution No. 10325 making a Finding of Consistency with the Program Final Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the adoption of the Highway 111 Corridor Specific Plan SUMMARY:

CEQA Finding of Consistency for the Highway 111 Corridor Specific Plan BACKGROUND INFORMATION:

California State law requires that each city adopt a general plan to describe its long-term goals and its policies and programs to achieve those goals. Accordingly, the general plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of Indio.

Pursuant to the requirements of the State of California Government Code Section 65300 et. seq., the City of Indio previously prepared a comprehensive update of its General Plan that contains certain elements, describes its long-term goals. Pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the City as the lead agency determined that an environmental impact report should be prepared to analyze all potential adverse environmental impacts of the Indio 2040 General Plan and the City of Indio Climate Action Plan and further determined that a program environmental impact report was appropriate for the Project.

On August 12, 2015, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research and responsible agencies for review. In addition, a public scoping meeting was held on August 20, 2015 to provide information on the Project and to receive comments on issues to be addressed in the Environmental Impact Report. The City received written comments in response to the NOP, which assisted the City in the scope and analysis for the environmental impact report.

Pursuant to California Environmental Quality Act Guidelines Section 15168, a Draft Program Environmental Impact Report (the "Draft EIR") was prepared for the Project. In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal. Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the environment. Consistent with Guidelines Section 15105 the City circulated the Draft EIR (including appendices) for the Project to the public AGENDA ITEM #11.3
Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1172 of 1610 and other interested parties for a 45 day public comment period, from March 15, 2019 to April 29, 2019 by filing a Notice of Availability with the State Office of Planning and Research, publishing a notice in the Desert Sun, a newspaper of general circulation, and releasing the Draft EIR (SCH #2015081021) for public review and comment online at www.indio2040.org. Following the close of the public comment period and after review of the comments received on the Draft EIR, the City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into the Final Environmental Impact Report ("Final EIR"). The responses to public agency comments were delivered to each public agency commenter on or before July 3, 2019, which is more than 10 days prior to any certification of the Final EIR.

The Final EIR was comprised of the Draft EIR dated March 2019, and all appendices thereto; the Comments and Responses to Comments on the DEIR, addenda and errata to the DEIR which are contained in a separate volume, and the Mitigation Monitoring and Reporting Program for the Project, all of which are on file with the City Clerk. On June 26, 2019, the Planning Commission conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the staff report, accepted and considered public testimony. After due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the FIER and approved Resolution No. 1901 recommending that the City Council certify the Final EIR, adopt findings of fact pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and adopt a statement of overriding considerations for the Project. On July 17, 2019, the City Council conducted a duly noticed public hearing to consider the Project an\d the Final EIR, reviewed the staff report, accepted and considered public testimony and continued the public hearing to a date certain date of August 21, 2019 and subsequently continued the public hearing to a date certain of September 18, 2019. On September 18, 2019, based upon the evidence presented at the hearing, including the staff report and oral testimony, the City Council certified the Final Environmental Impact Report via resolution action. The City Council also adopted the current General Plan 2040 on September 18, 2019.

Following the adoption of the General Plan and the certification of the Program Final Environmental Impact Report, the City of Indio applied for and received a $310,000 SB 2 Planning Grant from the California Department of Housing and Community Development. The City adopted the Mixed Use Specific Plan-300 (MUSP-300) on December 16, 1996 regulating land use and development along both sides of the Highway 111 Corridor from Jefferson Street to Clinton Street. The City adopted the Central Highway 111 Corridor Specific Plan on March 15, 2006 regulating land use and development south of Highway 111, north of John Nobles Avenue, west of Arabia Street and east of Highway 111.

Beginning in October 2020 and continuing to the present, the City has conducted comprehensive planning efforts for the development of new Specific Plan along Highway 111 from Jefferson Street to Indio Boulevard extending approximately one quarter of a mile on either side of the public right-of-way boundaries of Highway 111.The Highway 111 Corridor Specific Plan is intended to implement the vision of the General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right-of-way improvements. The adoption of the Highway 111 Corridor Specific Plan will repeal and replace the aforementioned Mixed Use Specific Plan-300 (MUSP-300) and the Central Highway 111 Corridor Specific Plan.

Section §15183(Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) 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 project-specific significant effects. CEQA Guidelines Section 15168 (c)(2) specifies that if the agency finds that pursuant to Section 15162, no subsequent

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1173 of 1610 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.

CEQA Guidelines Section 15162 specify the following: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. CEQA Guidelines Section 15162 (b) specifies that if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.

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 Highway 111 Corridor Specific Plan 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 the Highway 111 Corridor Specific Plan is within the scope of the project covered by the program EIR as the Specific Plan will substantively implement 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.

On August 12, 2022, the City mailed notices of public hearing to all property owners within the boundaries of the proposed Highway 111 Corridor Specific Plan and published a legal notice of public hearing in the Desert Sun, the newspaper of record.

Based upon the staff analysis and evidence presented herein, the Community Development Director finds that the Highway 111 Corridor Specific Plan consistent with the program Final Environmental

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1174 of 1610 Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18 2019 based on the following:

1. 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 project-specific 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.

2. 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 General Plan 2040 [§15162(a)(1)], would not result in substantial changes with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects [§15162(a)(2)], nor would it present new information of substantial evidence [§15162(a)(3)].

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.

4. 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 Highway 111 Corridor Specific Plan has analyzed the proposed Plan and found it 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 the Highway 111 Corridor Specific Plan is within the scope of the project covered by the program EIR as the Plan is intended to implement the vision, goals and policies of the General Plan 2040.

Therefore, the Community Development Director has determined that no new environmental documentation is required.

The Planning Commission conducted a duly noticed public hearing on August 24, 2022. Following the close of the public hearing and deliberation, the Commission voted 4-0 to recommend to the City

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1175 of 1610 Council the making of a Finding of Consistency with the Program Final Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the adoption of the Highway 111 Corridor Specific Plan.

On September 9, 2022, the City mailed notices of public hearing to all property owners within the boundaries of the proposed Highway 111 Corridor Specific Plan and also published a legal notice of public hearing in the Desert Sun, the newspaper of record, on September 11, 2022.

ATTACHMENTS:

Attachment1_ResolutionNo10325_CEQAFindingofConsistencyExhibit APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 12 Sep 2022 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

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1176 of 1610 1 RESOLUTION NO. 10325

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,

MAKING A FINDING OF CONSISTENCY WITH THE PROGRAM FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE GENERAL PLAN 2040 CERTIFIED BY THE CITY COUNCIL ON SEPTEMBER 18, 2019 FOR THE ADOPTION OF THE HIGHWAY 111 CORRIDOR SPECIFIC PLAN
WHEREAS, California State law requires that each city adopt a general plan to describe its long-term goals and its policies and programs to achieve those goals. Accordingly, the general plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of Indio and,
WHEREAS, pursuant to the requirements of the State of California Government Code Section 65300 et. seq., the City of Indio previously prepared a comprehensive update of its General Plan that contains certain elements, describes its long-term goals, and, WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the City as the lead agency determined that an environmental impact report should be prepared to analyze all potential adverse environmental impacts of the Indio 2040 General Plan and the City of Indio Climate Action Plan and further determined that a program environmental impact report was appropriate for the Project; and, WHEREAS, on August 12, 2015, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research and responsible agencies for review. In addition, a public scoping meeting was held on August 20, 2015 to provide information on the Project and to receive comments on issues to be addressed in the Environmental Impact Report. The City received written comments in response to the NOP, which assisted the City in the scope and analysis for the environmental impact report; and,
WHEREAS, pursuant to California Environmental Quality Act Guidelines Section 15168, a Draft Program Environmental Impact Report (the "Draft EIR") was prepared for the Project. In accordance with the California Environmental Quality Act ("CEQA") (Cal.

Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal.

Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the environment; and,

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1177 of 1610 2 WHEREAS, consistent with Guidelines Section 15105 the City circulated the Draft EIR (including appendices) for the Project to the public and other interested parties for a 45 day public comment period, from March 15, 2019 to April 29, 2019 by filing a Notice of Availability with the State Office of Planning and Research, publishing a notice in the Desert Sun, a newspaper of general circulation, and releasing the Draft EIR (SCH #2015081021) for public review and comment online at www.indio2040.org; and, WHEREAS, following the close of the public comment period and after review of the comments received on the Draft EIR, the City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into the Final Environmental Impact Report ("Final EIR"). The responses to public agency comments were delivered to each public agency commenter on or before July 3, 2019, which is more than 10 days prior to any certification of the Final EIR; and, WHEREAS, the Final EIR was comprised of the Draft EIR dated March 2019, and all appendices thereto; the Comments and Responses to Comments on the DEIR, addenda and errata to the DEIR which are contained in a separate volume, and the Mitigation Monitoring and Reporting Program for the Project, all of which are on file with the City Clerk; and,
WHEREAS, on June 26, 2019, the Planning Commission conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the staff report, accepted and considered public testimony; and,
WHEREAS, after due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the FIER and approved Resolution No. 1901 recommending that the City Council certify the Final EIR, adopt findings of fact pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and adopt a statement of overriding considerations for the Project; and, WHEREAS, on July 17, 2019, the City Council conducted a duly noticed public hearing to consider the Project an\d the Final EIR, reviewed the staff report, accepted and considered public testimony and continued the public hearing to a date certain date of August 21, 2019 and subsequently continued the public hearing to a date certain of September 18, 2019; and,
WHEREAS, on September 18, 2019, based upon the evidence presented at the hearing, including the staff report and oral testimony, the City Council certified the Final Environmental Impact Report via Resolution Action; and,

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1178 of 1610 3 WHEREAS, the City Council also adopted the current General Plan 2040 on September 18, 2019; and,
WHEREAS, following the adoption of the General Plan and the certification of the Program Final Environmental Impact Report, the City of Indio applied for and received a $310,000 SB 2 Planning Grant from the California Department of Housing and Community Development; and,
WHEREAS, the City adopted the Mixed Use Specific Plan-300 (MUSP-300) on December 16, 1996 regulating land use and development along both sides of the Highway 111 Corridor from Jefferson Street to Clinton Street; and,
WHEREAS, the City adopted the Central Highway 111 Corridor Specific Plan on March 15, 2006 regulating land use and development south of Highway 111, north of John Nobles Avenue, west of Arabia Street and east of Highway 111; and, WHEREAS, beginning in October 2020 and continuing to the present, the City has conducted comprehensive planning efforts for the development of new Specific Plan along Highway 111 from Jefferson Street to Indio Boulevard extending approximately one quarter of a mile on either side of the public right-of-way boundaries of Highway 111 ; and,
WHEREAS, the Highway 111 Corridor Specific Plan is intended to implement the vision of the General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right-of-way improvements; and,
WHEREAS, the adoption of the Highway 111 Corridor Specific Plan will repeal and replace the aforementioned Mixed Use Specific Plan-300 (MUSP-300) and the Central Highway 111 Corridor Specific Plan; and,
WHEREAS, Section §15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) 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 project-specific significant effects; and,
WHEREAS, CEQA Guidelines Section 15168 (c)(2) specifies 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

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1179 of 1610 4 allowable land use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the program EIR; and, WHEREAS, CEQA Guidelines Section 15162 specify the following: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative; and, WHEREAS, CEQA Guidelines Section 15162 (b) specifies that if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a).

Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation; and, WHEREAS, 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 Highway 111 Corridor Specific Plan 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 the Highway 111 Corridor Specific Plan is within the scope of the project covered by the program EIR as the Specific Plan will substantively implement 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

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1180 of 1610 5 documentation is required; and,
WHEREAS, on August 12, 2022, the City mailed notices of public hearing to all property owners within the boundaries of the proposed Highway 111 Corridor Specific Plan and published a legal notice of public hearing in the Desert Sun, the newspaper of record; and, WHEREAS, on August 24, 2022, the Planning Commission held a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan and the facts surrounding the finding of consistency during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing. At the conclusion of the public hearing, the Planning Commission adopted this Resolution recommending to the City Council that it make a Finding of Consistency consistent with the provisions of CEQA Guidelines Section 15162 and 15168; and,
WHEREAS, on September 9, 2022, City staff published a legal notice of public hearing in the Desert Sun, the newspaper of record and mailed notices of public hearing to all property owners within the boundaries of the proposed Highway 111 Corridor Specific Plan on September 11, 2022; and,
WHEREAS, on September 21, 2022, the City Council held a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan and the facts surrounding the finding of consistency during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing. At the conclusion of the public hearing, the City Council approved this Resolution making a Finding of Consistency for the adoption of the Highway 111 Corridor Specific Plan consistent with the provisions of CEQA Guidelines Section 15162 and 15168.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct, are incorporated into this Resolution by reference and constitute a material part of this Resolution.

Section 2. The City Council hereby makes a Finding of Consistency for the Highway 111 Corridor Specific Plan supported by the findings stated herein and by the Finding of Consistency analysis prepared by Rincon Consultants, Inc. attached hereto as Exhibit “A”:

1. 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 project-specific significant effects. In this case, the

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1181 of 1610 6 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.

2. 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 General Plan 2040 [§15162(a)(1)], would not result in substantial changes with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects [§15162(a)(2)], nor would it present new information of substantial evidence [§15162(a)(3)].

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.

4. 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 Highway 111 Corridor Specific Plan has analyzed the proposed Plan and found it 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 the Highway 111 Corridor Specific Plan is within the scope of the project covered by the program EIR as the Plan is intended to implement the vision, goals and policies of the General Plan 2040. Therefore, the Community Development Director has determined that no new environmental documentation is required.

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1182 of 1610 7 Section 3.The City Council hereby determines that no additional subsequent environmental review is required for the adoption of the Highway 111 Corridor Specific Plan.

Section 4. This Resolution shall become effective immediately upon its adoption.

Section 5. The City Clerk shall certify to the passage, approval,and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 21
st day of September 2022.

WAYMOND FERMON, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1183 of 1610 EXHIBIT “A”

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1184 of 1610 111 Corridor Specific Plan
Finding of Consistency
prepared for
City of Indio
Community Development Department
100 Civic Center Mall
Indio, California 92201
prepared by
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
August 18, 2022

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1185 of 1610 Table of Contents
Finding of Consistency i
Table of Contents
1 Introduction.................................................................................................................................... 1 2 Project Description ......................................................................................................................... 2 3 Environmental Issue Checklist Areas.............................................................................................. 9

3.1 Aesthetics .......................................................................................................................... 9

3.2 Agricultural Resources.....................................................................................................12

3.3 Air Quality ........................................................................................................................14

3.4 Biological Resources........................................................................................................16

3.5 Tribal and Cultural Resources..........................................................................................20

3.6 Energy ..............................................................................................................................24

3.7 Geology and Soils.............................................................................................................25

3.8 Greenhouse Gas Emissions..............................................................................................28

3.9 Hazards and Hazardous Materials ...................................................................................29

3.10 Hydrology and Water Quality ..........................................................................................34

3.11 Land Use and Planning.....................................................................................................40

3.12 Mineral Resources...........................................................................................................40

3.13 Noise ................................................................................................................................41

3.14 Population and Housing...................................................................................................45

3.15 Public Services and Recreation........................................................................................46

3.16 Transportation/Traffic .....................................................................................................51

3.17 Utilities and Service Systems...........................................................................................54

3.18 Wildfires ...........................................................................................................................56 4 Conclusion.....................................................................................................................................58 5 References ....................................................................................................................................59 Figures
Figure 1 Regional Location .............................................................................................................. 5 Figure 2 Project Site......................................................................................................................... 6 Figure 3 Specific Plan Boundary ...................................................................................................... 7 Figure 4 Planning Segments ............................................................................................................ 8 Appendices
Appendix A MSA Consulting, 2022. Background Report for Infrastructure Analysis Appendix B Fehr and Peers, 2022. Transportation Memorandum

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1186 of 1610 City of Indio
111 Corridor Specific Plan
ii
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Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1187 of 1610 Introduction
Finding of Consistency 1
1 Introduction
This document is a Finding of Consistency (FOC) with the City of Indio (City) 2040 General Plan Update Final Environmental Impact Report (2019 FEIR) for the proposed 111 Corridor Specific Plan project (proposed project).

The 111 Corridor Specific Plan (Specific Plan; SP) was anticipated as part of future development activities under the City’s 2040 General Plan Update (2040 General Plan Update, 2040 GPU). The proposed 111 Corridor Specific Plan (SP) consists of a strategic action plan for the future revitalization of 3.9 miles of Highway 111 between Indio Boulevard and Jefferson street in the City of Indio. The SP Plan Area covers approximately 944 acres (1.47 square miles) within the City. The proposed project is intended as a tool for promoting economic development, sustainable employment and physical infrastructure improvements within the Corridor, and for clarifying, integrating, and implementing the visions of several related and overlapping planning initiatives conducted by the City in recent years. These include the City’s 2040 General Plan Update, the Downtown Specific Plan, the Complete Streets Master Plan, CV Link - now under construction in the City. The SP also parallels a number of ongoing development efforts and proposals within the Plan Area, including the proposed redevelopment of the Indio Marketplace Mall into an active mixed-use district and regional retail destination. It is the City’s objective to utilize this Specific Plan to facilitate and coordinate the development of public and private improvements along this main city center corridor.

The 2040 GPU provides a framework for the implementation of the City’s goals and programs for this anticipated growth and development. The 2040 General Plan seeks to enhance the local economy to maintain the “City of Festivals” reputation, while simultaneously improving access to quality education, housing, and jobs for city residents and the business community. The 2040 GPU implements the community’s vision, establishing goals, policies, and implementation actions that will help the City achieve its long-term vision as a community that values the unique culture, entertainment and arts, and local character. One of the 2040 GPU goals are to transform Highway 111 into a connective, multi-modal boulevard that stitches together the patchwork of individual projects and vacant and underdeveloped land parcels along the corridor into a much more complete pattern and a walkable/bikeable network of human-scale blocks and buildings. This Finding of Consistency describes the details of the proposed project and compares the proposed project impacts to those identified under the 2019 FEIR as those that would be stemming from implementation of the 2040 GPU. The analysis demonstrates that the proposed project is consistent with the 2040 General Plan Update and the certified 2019 FEIR.

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1188 of 1610 City of Indio
111 Corridor Specific Plan
2 2 Project Description
The proposed project involves the development of a strategic action plan for the future revitalization of approximately 3.9 miles along Highway 111 between Indio Boulevard and Jefferson Street. Highway 111 in its current form is a multi-lane, regional highway that connects many of the Coachella Valley cities.

While it is generally well-landscaped throughout the Coachella Valley, apart from modest signage and gateway elements, there is very little to differentiate the corridor or create a unique sense of place from one city to the next. As it runs through the City of Indio, the corridor is mostly lined by large vacant and underutilized parcels (including the south edge of downtown) and highway oriented commercial uses, separated from Highway 111 by large areas for parking.

The proposed Specific Plan area covers approximately 944 acres (1.47 square miles) within the City, following the east-west alignment of Highway 111 Corridor (111 Corridor, Corridor), starting from approximately 770 feet west of Jefferson Street (also the City’s westerly limits), to Indio Boulevard at its eastern limit. The northern and southern limits of the SP area vary in distance north and south of the Highway 111 Corridor and consist of residential, educational, commercial, institutional, and open space uses. Relevant landmarks include the Indio Grand Marketplace, Riverside County Fairgrounds, the John J. Benoit Detention Center, and Larson Justice Center. An eastern portion of the Specific Plan is adjacent to the Downtown Indio Specific Plan, which covers the proper downtown district. The north-south segment of the Coachella Canal crosses the SP area between Madison Street and Clinton Street. The SP area is largely surrounded by single family residential neighborhoods to the south and north. Parcels in the western portion of the proposed Plan AreaPlan Area are largely vacant and undeveloped interspersed with shopping plazas, standalone restaurants, and resorts. The central and eastern portions of the SP area are more developed with agricultural land and commercial lots including the Indio Grand Marketplace Mall, large shopping plazas containing big box stores and fast food restaurants, and motels, institutional uses including a library, a park, a school, a courthouse and a detention center, and industrial uses including a variety of auto repair shops.

For planning purposes, the Specific Plan has been divided into three primary segments: West, Midtown, and East with respective sub-areas. The City’s 2040 General Plan designates the proposed Plan AreaPlan Area as:-Suburban Neighborhood, Connected Neighborhood, Mixed-Use Neighborhood, Mid-Town, Downtown, Parks and Open Space, Public and Institutional and Workplace Employment District.

Key planning goals for the Specific Plan include the following:
 The creation of strategies for the production of a minimum of 500 new housing units within the corridor inclusive of market-rate and affordable and workforce housing;  Development of new and updated zoning and development standards to implement the land use and transportation patterns envisioned by the Mixed Use Neighborhood and Midtown land use designations in the 2040 GPU;
 Preparation of revitalization tactics to physically improve the corridor’s public and private properties that balance a quality built environment and enhanced aesthetics with financial feasibility; and  The creation of sustainable economic development approaches that meet the services needs of residents and businesses and that provide for increased workforce employment opportunities in the corridor, particularly for family wage jobs.

The proposed project recognizes a significant opportunity for the City to leverage the value of this regional thoroughfare by transforming Highway 111 from a “cut” through the middle of the city, into a

Resolution No. 10325 making a Finding of Consistency with the Program Fi... Page 1189 of 1610 Project Description
Finding of Consistency 3
“zipper” – a connective central boulevard that stitches the corridor’s urban fabric together into a complete urban pattern – and announces to visitors travelling through the Coachella Valley that they have entered a unique and special place.

Two existing specific plans within the Plan AreaPlan Area - the Highway 111 Corridor Mixed-Use Specific Plan (MUSP-300), and the Central Highway 111 Corridor Specific Plan (C111SP) will be superseded by the proposed project. Since these plans originally implemented the City’s previous General Plan (2020 General Plan), an update to the City’s 2020 General Plan necessitated an update to these two specific plans as well. The 2040 General Plan and the proposed project depart from the earlier plans in the following important respects.
 The 2040 General Plan and the proposed project envision a finer-grained mix of uses than the previous plans, with residential and office uses in many cases located on upper floors of buildings with ground floor retails shops and restaurants below, and/ or “horizontal mixed-use projects” in which housing is very near non-residential uses. Pedestrian and bicycle access between uses prioritized and buildings are intended to directly face streets, including Highway 111, which is to be upgraded to a “multi-modal city center boulevard.”
 The allowable development intensities in the 2040 General Plan and the proposed project are significantly higher than those of the previous plans. Housing up to 40 units to the acre and higher is enabled by this new plan, to meet a significant proportion of Indio’s future housing demand within Indio’s primary city center corridor, well-connected to the downtown, jobs and commercial, recreational and civic amenities.
 As development intensities increase to “city center intensities”, traffic generation per resident are projected to go down as higher percentages of trips are made on foot, by bike and by personal electric vehicle (PEV) and by public transit as these modes become increasingly convenient and pleasant alternatives to driving.
 The proposed project builds upon the intentions of the existing specific plans, defining a more ambitious vision for distinctive placemaking, with updated standards to achieve much higher quality private development and public realm, while streamlining the permitting of compliant development proposals.

As a major redevelopment project undertaken by the City, the SP fulfills the City’s 2040 GPU’s goals of providing its residents with a high quality of life, a sustainable community with a range of housing options and educational opportunities for its residents within a multi-modal transportation network, and expanded employments centers with new and revitalized retail and commercial uses.

The proposed project would allow for potential development and redevelopment of the SP area under the following zoning designations - Neighborhood Edge, Neighborhood General, and Mixed Use Corridor. The Mixed Used Corridor is anticipated to include retail/restaurant, commercial, hotel/lodging, Civic Center, and Industrial uses. Based on the allowable uses and densities, the Specific Plan is estimated to include up to 5,157 dwelling units and 914,487 square feet (sf) of non-residential uses (retail/restaurant, commercial, industrial, hotel/lodging, and civic). For planning purposes, the Specific Plan has been divided into three primary segments: West, Midtown, and East with respective sub-areas. 2,714 new dwelling units and 333,727 sf of non-residential uses are planned in the West sub-area, 1,778 new dwelling units and 518,025 sf of non-residential uses are planned in the Midtown sub-area and 66 new dwelling units and 62,735 sf of non-residential uses are planned in the East sub-area.

As part of the potential development activities envisioned under the SP, the proposed project would include a redevelopment of the aging and underutilized Indio Grand Marketplace mall. This approximate