Agenda — Indio City Council, November 1, 2023 (part 2 of 2)

AGENDA ITEM #12.1
Resolution No. 10400 Adoption of the City of Indio Prohousing Plan (Jesu... Page 124 of 189 36 What is a Housing Impact Fee?
Housing impact fees are tools that generate revenue by charging a fee to market-rate or luxury residential developments to support the creation of affordable housing. Housing impact fees assume that new market-rate and luxury residential development will generate increased demand for services needed to serve new residents, which will require lower-earning jobs to fill that demand. This creates a need for housing that is affordable to those workers. The revenue generated from the housing impact fees can be used to support their affordable housing needs.

Key Steps to Adopting a
Housing Impact Fee
Housing Impact Fee
A nexus study should be prepared to establish the relationship between market-rate residential development and the increased need for affordable housing.

A feasibility study should be prepared to determine how housing impact fees affect development costs for market-rate housing based on recommended fee levels.

An implementation strategy should be developed to ensure that the collected fees are used to address local priorities. Fees could be placed into a local housing trust fund to provide opportunities for leveraging funds.

FAQs/Considerations
• Housing impact fees can be focused
on areas where market-rate housing is
projected to occur at higher rates.
• Housing impact fees can be placed into
a local housing trust (see Prohousing
Policy recommendation #1 in Section

4.1) and used to leverage available
state and federal funds.
• Housing impact fees may be assessed
on a per-unit or per-square foot basis.

Fees assessed on a square-foot basis
are more equally distributed than fees
assessed on a per unit basis.
• Housing impacts fees can apply to
all rental and for-sale units, or only to
certain development types.

A nexus study should be prepared to establish the relationship between market-rate residential development and the increased need for affordable housing.

A feasibility study should be prepared to determine how housing impact fees affect development costs for market-rate housing based on recommended fee levels.

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AGENDA ITEM #12.1
Resolution No. 10400 Adoption of the City of Indio Prohousing Plan (Jesu... Page 125 of 189 37 What is a Commercial Linkage Fee?
Commercial linkage fees are tools that generate funds for affordable housing by charging a fee on non-residential, commercial development, including retail centers and other commercial projects. New commercial developments often generate jobs that are filled by employees at a variety of income levels, including extremely low-income through moderate-income ranges, and therefore increase housing demand at various levels of affordability. The revenue generated by commercial linkage fees can fund the housing needed to support the workers in the newly created lower- wage jobs. This can help close the gap between where people work and where they can afford to live.

Key Steps to Adopting a
Commercial Linkage Fee
Commercial Linkage Fee
A fee ordinance should be adopted. This should include
details on fee phasing, waivers or deferrals, how the fee will be calculated, and at what point in the permitting process the fee is to be collected.

A feasibility study should be prepared to determine how a commercial linkage fee would coordinate with economic
development goals based on recommended fee levels.

An implementation strategy should be developed to
ensure that the collected fees are used to address local priorities. Fees could be placed into a local housing
trust fund to provide opportunities for leveraging funds.

Fees could also be earmarked to be expended within a
certain distance of the employment, to ensure a balanced housing supply in proximity to employment uses.

A nexus study should be prepared to establish the relationship between new commercial development and the corresponding need for affordable housing. This should distinguish between varying types of commercial uses (e.g. office, retail, warehousing, etc.), and should consider the occupation and income
distribution of employees being created.

A fee ordinance should be adopted. This should include
details on fee phasing, waivers or deferrals, how the fee will be calculated, and at what point in the permitting process the fee is to be collected.
• Commercial linkage fees should
balance economic development and
housing goals.
• Incentives, such as reduced fees,
could be provided in exchange for
community serving amenities, such
as the inclusion of childcare facilities.

Such amenities should meet greater
goals of reducing the proximity
barrier between employment and
affordable housing options. This
can reduce the overall need for
employees to travel great distances
between home, employment, and
day-to-day needs.

A feasibility study should be prepared to determine how a commercial linkage fee would coordinate with economic
development goals based on recommended fee levels.

An implementation strategy should be developed to ensure that the collected fees are used to address local priorities.

Fees could be placed into a local housing trust fund to provide opportunities for leveraging funds. Fees could also be earmarked to be expended within a certain distance of the employment, to ensure a balanced housing supply in
proximity to employment uses.

FAQs/Considerations
A nexus study should be prepared to establish the relationship between new commercial development and the corresponding need for affordable housing. This should distinguish between varying types of commercial uses (e.g. office, retail, warehousing, etc.), and should consider the occupation and income
distribution of employees being created.

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AGENDA ITEM #12.1
Resolution No. 10400 Adoption of the City of Indio Prohousing Plan (Jesu... Page 126 of 189 38 What is a Developer Agreement?
A development agreement (DA) is a voluntary contract between a jurisdiction and a developer, detailing the conditions of approval that will govern development of the property. These conditions are terms that are not otherwise required through existing regulations. DAs are commonly used for larger projects that require multiple levels of review and negotiation for approval, often resulting in public benefits concurrent with development. The types of conditions associated with DAs can vary and may include annual allocations of revenues generated, the development of infrastructure or community serving amenities, or one-time donations for a community benefit. Funds agreed upon through DAs can be used by the jurisdiction for other projects and expenses related to the development of affordable housing. Funds for housing trusts are often negotiated through DAs.

Key Steps to Adopting a
Developer Agreement
Developer Agreement
The long-term costs and benefits should be considered
through the development of the DA.

The DA should consider how the benefits to the developer are balanced with the benefits to the community.

FAQs/Considerations
• DAs can provide a pathway by which
projects that would not otherwise be
developed can be approved. This
can lead to creative developments
paired with community benefits.
• DAs offer a scenario in which all
parties can benefit from, resulting
in applicant, government, and
community benefits. One such
scenario could be where a developer
agrees to provide a set contribution
to a housing trust fund that would
benefit the community through future
affordable housing opportunities.
• DAs are already being considered in
Indio. One such example includes a
developer who wants to ensure that
a luxury residential development
can operate as short-term vacation
rentals. The City is utilizing the DA
process to allow for a long-term
commitment from the City, in
exchange for an annual commitment
of gross receipts per households paid
to the City. These funds can be used
to fund affordable housing.

The local government and the developer should work
together, along with legal counsel, elected officials, and the public to develop a contract between the locality and the developer.

The DA should consider why the conditions are needed
and ensure that the conditions are consistent with citywide policies.

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AGENDA ITEM #12.1
Resolution No. 10400 Adoption of the City of Indio Prohousing Plan (Jesu... Page 127 of 189 City of Indio
City Council
November 1, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Adoption of Resolution No. 10401 Authorizing the Preparation and Submittal of an Application for Participation in the State's Prohousing Designation Program
RECOMMENDATION:

Adopt Resolution No. 10401 authorizing the submittal of an application for participation in the State's Prohousing Designation Program
SUMMARY:

Adoption of Resolution No. 10401 would allow the City to prepare and submit an application to the State Department of Housing and Community Development (HCD) for participation in State's Prohousing Designation Program.

BACKGROUND INFORMATION:

During the City Council Meeting of July 19, 2023, the Council considered the approval of the City’s Prohousing Plan and adoption of a Resolution authorizing staff to finalize and submit an application for participation in the State Department of Housing and Community Development’s (HCD’s) Prohousing Designation Program. As has been discussed with the Council on several occasions, the application for participation in HCD’s program contains point-earning action steps which the City would be required to implement within a two (2) year period following the award of the Prohousing Designation by HCD.

During its agenda item discussion on July 19, the Council posed several questions to staff regarding possible Plan and Application policy alternatives, questions regarding how the designation would affect the General Plan and financing in general, and questions regarding other City resources including workload demands and priorities that could be impacted as a result of committing to the requirements of the Prohousing Designation Program. The Council requested staff to provide responses to its questions prior to the Council considering any further action on the Prohousing Plan and the Application. Staff and its consultants analyzed the questions and developed responses which were provided to the Council in a memorandum which was distributed the week before the November 1 Council meeting.

The State’s Prohousing Designation is assigned by HCD after its review of the City’s application and supporting documentation. The applications are considered and reviewed on a non-competitive rolling basis and scored on a points system. As of early April 2023, the State Governor's Office had announced received had that statewide jurisdictions were only a there that 22 pro-housing AGENDA ITEM #12.2
Resolution No. 10401 Authorizing the Preparation and Submittal of an App... Page 128 of 189 designation. If the State approves the City's application, Indio would be the first City in the Coachella Valley to earn this designation.

ATTACHMENTS:

Attachment 1--Resolution No. 10401--Prohousing Application APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 24 Oct 2023 Jillian Martins, Assistant City Attorney Approved - 24 Oct 2023 Alan Garcia, Accountant Approved - 24 Oct 2023
Bryan H. Montgomery, City Manager Approved - 24 Oct 2023

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AGENDA ITEM #12.2
Resolution No. 10401 Authorizing the Preparation and Submittal of an App... Page 129 of 189 Formal Resolution for the Prohousing Designation Program (New 04/21)

RESOLUTION NO. 10401

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF INDIO

AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE

PROHOUSING DESIGNATION PROGRAM

WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and

WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and

WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and

WHEREAS, the City of Indio (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).

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

Section 1. Applicant is hereby authorized and directed to submit an Application to the Department.

Section 2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

Section 3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

Section 4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “ Program Documents”).

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AGENDA ITEM #12.2
Resolution No. 10401 Authorizing the Preparation and Submittal of an App... Page 130 of 189 Formal Resolution for the Prohousing Designation Program (New 04/21)

Section 5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

Section 6. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED, APPROVED and ADOPTED this 1st day of November 2023.

___________________________

OSCAR ORTIZ
MAYOR

ATTEST:

__________________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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AGENDA ITEM #12.2
Resolution No. 10401 Authorizing the Preparation and Submittal of an App... Page 131 of 189 City of Indio
City Council
November 1, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Ordinance No. 1801 authorizing a one (1) year extension of the Design Review approval from December 31, 2023 to December 31, 2024 for Citrus Plaza II - Planning Area 2 (DR 21-04-488) comprised of approximately 3.38 acres Number Parcel Assessor's current a portion land of a on with designation of 602-090-006 located northeast of Avenue 50 and Jefferson Street
RECOMMENDATION:

Approve Ordinance No. 1801 authorizing a one (1) year extension of the Design Review approval from December 31, 2023 to December 31, 2024 for Citrus Plaza II - Planning Area 2 (DR 21-04- 488) comprised of approximately 3.38 acres on a portion of land with a current Assessor's Parcel Number designation of 602-090-006 located northeast of Avenue 50 and Jefferson Street SUMMARY:

Request by Canopy LP for a one (1) year extension of the Design Review approval for Citrus Plaza II - Planning Area 2 (DR 21-04-488).

BACKGROUND INFORMATION:

The City Council adopted the Citrus Plaza II Specific Plan on July 15, 2020. The Specific Plan covers approximately 9 acres northeast of Avenue 50 and Jefferson Street and north of the existing Citrus Plaza shopping center that is anchored by the Ralph’s grocery store. The Specific Plan is comprised of two planning areas defined as Planning Area 1 and Planning Area 2. On December 9, 2020, the Planning Commission approved the design review for Planning Area 1 and a portion of Planning Area 2. On July 14, 2021, the Planning Commission approved Resolution No. 1997 granting conditional approval to the Design Review application for the remainder of Citrus Plaza II - Planning Area 2 (DR 21-04-488). The Applicant, Lichter Equities L.P. c/o Robert Lichter, sought this land use entitlement to authorize the full development of the remaining portion of undeveloped land in Planning Area 2 comprised of approximately 3.38 acres. The approved project was comprised of eight (8) two-story residential buildings consisting of a total of 62 multi-family units with a single garage space for each unit, a recreation facility, community pool, sports court, 1 monument sign and 58 covered and uncovered parking spaces.

On November 4, 2020, the Indio City Council passed Ordinance No. 1757 extending the expiration date of conditional use permits and design review approvals to December 31, 2023 for qualifying projects. The City Council passed this Ordinance in response to the then significant impacts AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 132 of 189 resulting from the COVID-19 pandemic to the funding and construction of new development projects in the City of Indio.

The Community Development Director has conferred with the City Attorney regarding extension requests for projects under the authority of Ordinance No. 1757. The City Attorney has advised that the City Council must take ordinance action to approve extension requests beyond the period specified in this Ordinance.

On August 17, 2022, the City Council approved Tentative Parcel Map 38262 (TPM 22-03-415) subdividing Assessor's Parcel Number 602-090-006 into four (4) commercial parcels and one (1) remainder parcel. On August 16, 2023, the City Council approved the final map for Tentative Parcel Map 38262.

On September 19, 2023, Canopy LP submitted a written request for a one (1) year extension of the aforementioned Design Review approval. Canopy LP identified that delays associated with the construction, completion and leasing of Planning Area 1 have limited its ability to focus on Planning Area 2. Canopy LP identified in its request letter its intent to focus on Planning Area 2 in 2024.

ATTACHMENTS:

Attachment1_OrdinanceNo1801_CitrusPlazaIIPlanningArea2_DR1YearExtension Attachment2_DESIGN EXTENSION CANOPY II
Attachment3_Project Location Map
Attachment4_OrdinanceNo1757
Attachment5_ColorRenderings
Attachment6_SitePlan
Attachment7_TENTATIVE PARCEL MAP 38262 CANOPY AT CITRUS APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 23 Oct 2023 Jillian Martins, Assistant City Attorney Approved - 24 Oct 2023 Alan Garcia, Accountant Approved - 24 Oct 2023
Bryan H. Montgomery, City Manager Approved - 24 Oct 2023

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AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 133 of 189 1 ORDINANCE NO. 1801

AN ORDINANCE OF THE CITY OF INDIO AUTHORIZING A ONE
(1) YEAR EXTENSION OF THE DESIGN REVIEW APPROVAL
FROM DECEMBER 31, 2023 TO DECEMBER 31, 2024 FOR
CITRUS PLAZA II - PLANNING AREA 2 (DR 21 -04-488)
COMPRISED OF APPROXIMATELY 3.38 ACRES ON A PORTION

OF LAND WITH A CURRENT ASSESSOR'S PARCEL NUMBER
DESIGNATION OF 602 -090-006 LOCATED NORTHEAST OF
AVENUE 50 AND JEFFERSON STREET

WHEREAS, the City Council adopted the Citrus Plaza II Specific Plan on July 15, 2020. The Specific Plan covers approximately 9 acres northeast of Avenue 50 and Jefferson Street and north of the existing Citrus Plaza shopping center that is anchored by the Ralph’s grocery store; and,

WHEREAS, the Specific Plan is comprised of two planning areas defined as Planning Area 1 and Planning Area 2. On December 9, 2020, the Planning Commission approved the design review for Planning Area 1 and a portion of Planning Area 2; and,

WHEREAS, on July 14, 2021, the Planning Commission approved Resolution No. 1997 granting conditional approval to the Design Review application for the remainder of Citrus Plaza II - Planning Area 2 (DR 21-04-488); and,

WHEREAS, the Applicant, Lichter Equities L.P. c/o Robert Lichter, sought this land use entitlement to authorize the full development of the remaining portion of undeveloped land in Planning Area 2 comprised of approximately 3.38 acres; and,

WHEREAS, the approved project was comprised of eight (8) two-story residential buildings consisting of a total of 62 multi-family units with a single garage space for each unit, a recreation facility, community pool, sports court, 1 monument sign and 58 covered and uncovered parking spaces; and,

WHEREAS, on November 4, 2020, the Indio City Council passed Ordinance No. 1757 extending the expiration date of conditional use permits and design review approvals to December 31, 2023 for qualifying projects. The City Council passed this Ordinance in response to the then significant impacts resulting from the COVID -19 pandemic to the funding and construction of new development projects in the City of Indio; and,

WHEREAS, the Community Development Director has conferred with the City Attorney regarding extension requests for projects under the authority of Ordinance No. 1757. The City Attorney has advised that the City Council must take ordinance action to approve extension requests beyond the period specified in this Ordinance; and,

WHEREAS, on August 17, 2022, the City Council approved Tentative Parcel Map 38262 (TPM 22-03-415) subdividing Assessor's Parcel Number 602-090-006 into

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AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 134 of 189 2 four (4) commercial parcels and one (1) remainder parcel; and,

WHEREAS, on August 16, 2023, the City Council approved the final map for Tentative Parcel Map 38262; and,

WHEREAS, on September 19, 2023, Canopy LP submitted a written request for a one (1) year extension of Citrus Plaza II - Planning Area 2 (DR 21-04-488); and,

WHEREAS, Canopy LP identified that delays associated with the construction, completion and leas ing of Planning Area 1 resulting in part from the impacts of the COVID-19 pandemic have limited its ability to focus on Planning Area 2 and that it intends to focus on Planning Area 2 in 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

Section 1. That the above recitations are true and correct.

Section 2. The City Council finds and determines that t he extension request is consistent with the City of Indio General Plan 2040 as said request will support the City’s economic development by providing additional time for development planning for the subject site that was impacted by external market forces resulting from the COVID -19 pandemic.

Therefore, the City Council finds that the one (1)-year extension request is consistent with the goals, objectives, and policies of the General Plan 2040.

Section 3. The current extension request was previously covered under the provisions of Ordinance No. 1757 as the Design Review approval by the Indio Planning Commission on July 14, 2021 was within the nature and timeframe of the project approvals, the project approval had not expired as of 30 days from the date of the final passage of Ordinance No. 1757 and the subject site has been maintained in accordance with Chapters 95A and 950 of the Indio Municipal Code and all fees applicable to the site's development have been paid.

Section 4. The City Council finds that adoption of this extension request is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because this action will not have the potential for causing a significant effect on the environment as the ordinance only extends the expiration of a previously approved land use entitlement that was previously analyzed in conformance with CEQA.

Section 5. The City Council hereby approves a one (1) year extension of the conditional approval of Citrus Plaza II – Planning Area 2 (DR 21-04-488).

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AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 135 of 189 3 Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this uncodified ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this uncodified ordinance. The City Council hereby declares that it would have passed this uncodified ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 7. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law .

PASSED, APPROVED and ADOPTED this 15th day of November 2023.

___________________________

OSCAR ORTIZ
MAYOR

ATTEST:

__________________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 136 of 189 lCanopy,LP1620FifthAve.,Suite770SanDiego,CA92101(619)300-4795Septemberl9,20231KevinSnyderCommunityDevelopmentDirector1 CityofIndio100CivicCenterMallIndio,CA92201RE:DesignReview21-04-488(CitrusPlazaII~ PlanningArea2)l11Thisletterisinreferencetotheapprovaloftheabove-referencedDesignReview.Canopy,LP,assuccessor-in-interesttoLichterEquitiesL.P.,theoriginalapplicant,requeststhe1.extensionoftheapprovalforsolongasispermissible.1Currently,CitrusPlazaII— PlanningArea1isnearingcompletion.Thisprojectwassigni?cantlydelayedduetoahostoffactors,nottheleastofwhichweredelayscausedbyCOVID-19,supplychainissuesandtepiddemand;fromtenantsduringaperiodofsuchuncertainty.WithPlanningArealnearingcompletion,weexpectthatwewillhavetheopportunitytoturnourattentiontoPlamiingAreaillcommencingin2024.

DearKevin:

Pleasecontacttheundersignedwithanyquestionsorcommentsyoumayhave.Sincerely,CANOPYP RobertJ.Lichter

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AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 137 of 189

Project Location Map – Citrus Plaza Phase II
(Canopy @ Citrus) Design Review Approval Extension

Citrus Plaza
Citrus Plaza
Canopy @ Citrus
Phase I

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AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 138 of 189 ORDINANCE NO. 1757

AN UNCODIFIED ORDINANCE OF THE CITY OF INDIO EXTENDING THE

EXPIRATION DATE OF CONDITIONAL USE PERMITS AND DESIGN REVIEW APPROVALS TO DECEMBER 31, 2023 FOR ENTITLEMENTS NOT EXPIRED 30

DAYS FROM THE DATE OF FINAL PASSAGE OF THIS UNCODIFIED ORDINANCE WHEREAS, on August 20, 2020, the City of Indio initiated an uncodified ordinance that would extend the expiration date of certain land use entitlements specifically conditional use permits and design review entitlements up and through December 31, 2023, as long as the entitlement has not expired 30 days from the date of final passage of the uncodified ordinance; and,
WHEREAS, on September 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider its recommendation to the City Council on this uncodified ordinance and after receiving public comments, closed the public hearing, and approved Resolution No. 1963, recommending that the City Council adopt this uncodified ordinance; and,
WHEREAS, on October 21, 2020, the City Council conducted a duly noticed public hearing to consider adoption of this uncodified ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

Section 1. That the above recitations are true and correct.

Section 2. The City Council finds and determines as follows:

A. The proposed uncodified ordinance is consistent with the City of Indio General Plan 2040 ( and/ or General Plan 2020 as some of subject entitlements were approved under the General Plan 2020) as the ordinance is a tool for economic development within the City by providing additional time for development during the unusual circumstances brought about by COVID- 19. Therefore, the City Council finds that the proposed uncodified ordinance is consistent with the goals, objectives, and policies of the General Plan 2040 ( and/ or General Plan 2020).

B. The proposed uncodified ordinance is consistent with the objectives of Chapter 15 of the Indio Code of Ordinances ( Zoning Ordinance) as it extends the expiration of permits issued in conformance with the City' s Zoning Ordinance. Therefore, the City Council finds that the proposed uncodified ordinance is in consistent with the objectives of Title XV ( Land Usage) of the Indio Municipal Code and the purpose of the district in which the site is located.

Section 3. Notwithstanding Indio Municipal Code Section 159. 730 and 159.760, the expiration date of approved conditional use permits and design review approvals that

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AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 139 of 189 have not expired as of 30 days from the date of the final passage of Ordinance No. 1757 shall be extended to December 31, 2023, provided that the site that is subject of the conditional use permit or design review is maintained in accordance with Chapters 95A and 95D of the Indio Municipal Code and that all fees applicable to the site' s development have been paid. Compliance with this ordinance shall be subject to review by the Community Development Director or his/ her designee. ~
Section 4. The environmental impacts of this uncodified ordinance were analyzed pursuant to the California Environmental Quality Act (" CEQA") and the State CEQA Guidelines ( California Code of Regulations, Title 14, Sections 15000 et. seq.). The City Council finds that adoption of this uncodified ordinance is exempt from CEQA pursuant to Section 15061( b)( 3) of the State CEQA Guidelines because these actions will not have the potential for causing a significant effect on the environment as the ordinance only extends the expiration of permits that were previously issued in conformance with CEQA. As such, the proposed ordinance is subject to the general rule exemption that states where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that activity is not subject to CEQA.

Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this uncodified ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this uncodified ordinance. The City Council hereby declares that it would have passed this uncodified ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 6. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED, and ADOPTED this 4th day of November 2020.

V& -
l- /' U.6--

ENN MILLER, MAYOR
ATTEST:
4 CYNTHIA HERNA EZ, CMC

CITY CLERK

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AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 140 of 189

CERTIFICATION
I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, hereby certify that Ordinance No. 1757 was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the 4th day of November 2020 by the following vote, to wit:

Ayes: Ramos Amith, Ortiz, Fermon, Holmes and Miller
Noes: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Indio, California, this 4th day of November 2020.

S9,

S SANCHEZ, CMC
City Clerk Administrator
City of Indio
111

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Ordinance No. 1801 authorizing a one (1) year extension of the Design Re... Page 141 of 189

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AGENDA ITEM #12.3
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Page 16 of 17 ends

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Page 17 of 17 ends

AGENDA ITEM #12.3
Ordinance No. 1801 authorizing a one (1) year extension of the Design Re...Page 148 of 189 City of Indio
City Council
November 1, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Introduction and First Reading of Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement of the City of Indio's Prohibition on Dangerous Fireworks
RECOMMENDATION:

Introduce by Title only and Waive Full Reading of: AN ORDINANCE OF THE CITY COUNCIL OF THE TO RELATED 101 CHAPTER IX, TITLE AMENDING CALIFORNIA, INDIO, OF CITY

ENFORCEMENT OF THE CITY OF INDIO'S PROHIBITION ON DANGEROUS FIREWORKS SUMMARY:

At the October 18, 2023 meeting of the Indio City Council, the City Council considered the previous version of Ordinance No. 1799, which would have prohibited all fireworks in the City of Indio, including safe and sane fireworks. Based on public testimony and discussion, the City Council directed staff to amend the ordinance to continue to allow safe and sane fireworks in the City of Indio, but to enhance the City's enforcement capabilities. The ordinance revision proposes two changes (underlined in attached ordinance): (1) The ordinance authorizes the collection of a fee from the sale of safe and sane fireworks in an amount not to exceed 7% of gross receipts to defray the City's costs associated with the permit issuance, public education, and enforcement. This fee is expressly authorized by the recent passage of AB 1403. (2) The ordinance expressly authorizes the seizure of dangerous fireworks and imposes the cost of disposal on the owner of the fireworks. In addition, a resolution is included that sets fines under the existing Section 101.99. For violations involving Dangerous Fireworks, the fines are recommended to be set at: $2,000 for the first violation; $3,000 for the second violation; and $5,000 for each subsequent violation. For violations not involving Dangerous Fireworks, the fines are recommended to be set at $1,000 per violation.

The resolution also has included an "Ability-To-Pay" determination that is not required, and may be removed, but could be considered by the City Council. The determination would allow a reduction in the fine amount for certain persons on public assistance, with the ability to order community service in lieu of fines.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1799_ICC Chapter 101 130_Safe and Sane Fireworks Attachment 2 - Resolution Safe and Sane Fireworks
APPROVAL(S):

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 149 of 189 Steven Graham, City Attorney Approved - 26 Oct 2023
Bryan H. Montgomery, City Manager Approved - 26 Oct 2023

Page 2 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 150 of 189 1 ORDINANCE NO. 1799

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING TITLE IX, CHAPTER 101 RELATED TO

ENFORCEMENT OF THE CITY OF INDIO'S PROHIBITION ON

DANGEROUS FIREWORKS
WHEREAS, the City of Indio (“City”) is authorized by California Constitution, Article XI, Section 7 to make and enforce within its territorial limits all local, police, sanitary and other ordinances and regulations which (1) are not in conflict with general laws and (2) that serve and protect the health, safety or welfare of the public; and WHEREAS, the illegal use of fireworks poses an immediate and imminent hazard and threat to the health, safety, and general welfare of the users, spectators, and general public, as well as to property; and
WHEREAS, City resources were significantly taxed by the use of illegal fireworks throughout the City on July 4, 2023; and
WHEREAS, the City Council desires to amend the Indio Municipal Code to strengthen penalties for illegal fireworks possession and use while maintaining the regulated possession, sale, and use of Safe and Sane fireworks.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Section 101.05 of the Indio Municipal Code is hereby amended to read as follows:
§ 101.05 SAFE AND SANE FIREWORKS - PERMIT REQUIREMENTS. (A) General. This section establishes the requirements and procedures to obtain a permit for the retail sale of safe and sane fireworks or fireworks kits within the city.
(B) Application.
1) Timing. In addition to the requisite license from the State Fire Marshal pursuant to Cal. Health and Safety Code §§ 12500 et seq., application must be made to the City Clerk for a retail sales permit on or before the last Friday in March of the calendar year for which the permit is sought. Permit applications may be obtained from the Office of the City Clerk.
2) Eligibility and granting of permits. Eligibility shall only be open to those tax-exempt organizations as defined under Code Section 501 (c)(3) of the Internal Revenue Code, one permit per each tax-

Page 3 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 151 of 189 2 exempt identification number. Every year, the City Clerk shall review all applications for timeliness and proper qualifications and shall issue a maximum of nine permits in any given year to qualified, timely applicants, one of which shall go to the Indio Youth Task Force. If the City Clerk shall have in excess of nine timely applications, the City Clerk shall select a total of eight permitees from the pool of qualified, timely applicants based on a lottery. 3) Notice. Applicants shall be notified of the granting or denial of the permit on or before the first Monday in May of each calendar year. 4) Limitations.
a) Retail sales of safe and sane fireworks shall be authorized only during the period of 12:00 noon and 10:00 p.m. on June 28 of each year and 9:00 a.m. through 10:00 p.m. each day from June 29 through July 6 of the same calendar year and such license shall expire at the end of such period. Retail sales of safe and sane fireworks shall be prohibited on any other date or time during any calendar year.
b) No temporary safe and sane fireworks stand may be erected prior to June 18 or remain in place after July 6 of the same calendar year.
(C) Permit authority. The City Clerk may grant or deny the issuance of a permit for erection of a temporary safe and sane fireworks stand and the retail sales of safe and sane fireworks pursuant to the delegation of such authority by the city. If an applicant believes its application was improperly excluded from the pool of qualified and timely applications, the applicant may receive a hearing by the City Manager to appeal the denial of a permit, at which time the City Manager may reverse, modify, or sustain the denial.
(D) Permit requirements. The following provisions apply to each of the nine permittees for the retail sale of safe and sane fireworks:
1) By August 1 of each year following the sales period authorized in Subsection (B)(4) above, each applicant shall remit to the City an amount equal to Seven Percent (7%) of gross receipts, as that term is defined in Section 110.01 of this Code as a pro rata portion payment of the cost to the City of processing and issuing payments, inspection of fireworks stands, public education and awareness campaigns regarding fireworks, and fire operation and suppression efforts related to safe and sane fireworks;

Page 4 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 152 of 189 3 2) Once issued, permits shall not be transferable, assignable or renewable. Any permit issued shall be valid only for the dates and location specified in the permit. Only one temporary safe and sane fireworks stand may be operated by each permittee;
3) The applicant must be insured for the minimum coverage amounts of $1,000,000/$1,000,000 for potential public liability and property damage in connection with the operation of the temporary safe and sane fireworks stand. The city must be named as an additional insured under the insurance policy;
4) Each permittee is required to obtain a City of Indio Special Events Business License;
5) Each permittee is required to obtain a State Board of Equalization Permit;
6) All permit requirements must be completed and returned to the City Clerk by 5:00 p.m. on June 1 of the calendar year for which the permit is sought;
7) Each organization must be issued a license from the State Fire Marshal pursuant to Cal. Health and Safety Code §§ 12500, et seq.;
8) Each organization must be a nonprofit association or corporation organized primarily for veteran, youth, patriotic, welfare, civic betterment, or charitable purposes;
9) Each organization must have its principal and permanent meeting place within the territorial limits of the city, must have been organized and established for a minimum of one year continuously preceding the filing of the application for the retail sales permit, and must have a bona fide membership of at least 20 members, the majority of whom reside in the city;
10) No permit issued or authorized to be issued by the provisions of this section shall be transferable; and
11) Failure to meet any of the requirements will result in revocation of the application permit.
(E) Temporary safe and sane fireworks stand requirements. Each of the nine selected permittees must submit to the Fire Chief a plot plan approved by the owner of the property upon which the applicant will construct a temporary fireworks stand for the sale of safe and sane fireworks. The Fire

Page 5 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 153 of 189 4 Chief shall make an investigation of the proposed site to ensure compliance with the following:
1) The temporary fireworks stand erected for the retail sale of safe and sane fireworks must be constructed under the supervision of the City Building Department Inspector in such a manner as will reasonably ensure the safety of salespersons and patrons. An electrical permit must be obtained if a temporary power pole is required.
2) The temporary fireworks stand shall have at least two exits, each at least 30 inches in width, in locations to be approved by the Fire Chief. The stand shall be located at least 25 feet from any other structure or property line of adjoining land. Minimum setback from the public sidewalk shall be ten feet. No stand shall have a floor area in excess of 260 square feet;
3) At least two water base fire extinguishers shall be present in each temporary fireworks stand. The extinguishers shall be subject to inspection by the Fire Chief;
4) There shall be at least one adult present in the temporary fireworks stand who is 21 years of age or over during all hours of retail sales.

No person under 18 years of age shall sell fireworks at such stand; 5) No smoking shall be allowed in the temporary fireworks stand nor within ten feet thereof. No alcoholic beverages shall be allowed on the premises;
6) All weeds and combustible material shall be cleared from the location of the temporary fireworks stand including a distance of at least 25 feet surrounding the stand;
7) Signs stating "NO SMOKING" and "NO SALES TO ANYONE
UNDER SIXTEEN (16) YEARS OF AGE:" and all permits must be posted in a conspicuous place;
8) An alert night watchman, at least 21 years of age, must be provided by the permittee to guard the temporary fireworks stand during the hours of storage;
9) If a portable power generator is utilized, it shall be screened or otherwise isolated to prevent public access and shall be located a minimum of 25 feet from the temporary fireworks stand. No combustible material shall be stored/placed within 25 feet of the

Page 6 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 154 of 189 5 portable generator. A minimum 2A10BC extinguisher shall be on site;
10) Motor vehicles shall be parked or otherwise located a minimum of 25 feet from the temporary fireworks stand;
11) A safety handout in English and Spanish shall be provided with each purchase, and the handout shall also be posted on the temporary fireworks stand in a location visible to the public; 12) No dangerous fireworks or exempt fireworks shall be sold, offered for sale, distributed from, offered for distribution, given away, offered to be given away, displayed, or stored on any temporary fireworks stand; and
13) No other merchandise, goods, or items of any kind shall be sold, offered for sale, distributed from, offered for distribution, given away, offered to be given away, displayed, or stored on any temporary fireworks stand.
(F) Revocation: remedies. In addition to all other remedies set forth in this chapter, failure to remove the temporary fireworks stand in accordance with this chapter will result in the assessment of a penalty of $50 per day that the stand remains in place, or portion thereof. The Fire Chief may revoke the permit granted to any permittee that is operating a temporary fireworks stand in violation of the provisions of the permit, or of this chapter. Such permittee shall not be eligible for a new permit for a period of one year thereafter. The remedies and penalties prescribed by this section or which are available under any other provision of this code are cumulative and non-exclusive.

Section 2. Section 101.06 of the Indio Municipal Code is hereby amended to read as follows:
§ 101.06 DANGEROUS FIREWORKS PROHIBITED - EXCEPTIONS.
(A) Except as otherwise provided by law, this chapter, or as part of a public display of fireworks permitted by the city under § 101.07 of this chapter, it is unlawful for any person to sell, offer to sell, give away, offer to give away, distribute, offer to distribute, possess, keep, store, discharge or use dangerous fireworks within the city, or to permit another person offer to sell, give away, offer to give away, distribute. offer to distribute, possess, keep, store, discharge or use dangerous fireworks within the city. (B) It is unlawful for any person to implicitly or expressly, directly or indirectly, permit, allow, or consent to the discharge or use of dangerous fireworks

Page 7 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 155 of 189 6 on property within the city that is owned, leased, rented, or otherwise lawfully possessed by such person.
(C) Any enforcement official of the City shall have the authority to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this Section.

Section 3. Not Subject to California Environmental Quality Act. The Council finds that this Ordinance and its provisions are not subject to the California Environmental Quality Act (CEQA) pursuant to: (i) Section 15060(c)(2) (the regulatory activity undertaken herein will not result in a direct or reasonably foreseeable indirect physical change in the environment) and (ii) Section 15060(c)(3) (the regulatory activity undertaken herein is not a project as defined in Section 15378), both Sections being a part of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this regulatory ordinance has no potential for resulting in physical changes to the environment, directly or indirectly. Therefore, no environmental assessment is required or necessary.

Section 4. Severability. If any section, subsection, sentence, clause, phrase or word ("Part") of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance, and each and every Part not declared invalid or unconstitutional, without regard to or reliance upon the passage of any such Part deemed invalid or unconstitutional.

Section 5. Certification. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED AND ADOPTED this ____________________, 2023. ___________________________

OSCAR ORTIZ,
MAYOR
ATTEST:
__________________________

Page 8 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 156 of 189 7 SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

Page 9 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 157 of 189 1 RESOLUTION NO. 1799

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

CALIFORNIA, SETTING THE ADMINISTRATIVE FINES FOR
VIOLATIONS OF CHAPTER 101 OF THE INDIO MUNICIPAL CODE

RELATED TO FIREWORKS

THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. In addition to any criminal, civil, or other legal remedies that may be available to the City of Indio:

A. Any violation of Chapter 101 of the Indio Municipal Code involving dangerous fireworks shall be assessed an administrative civil penalty as follows:
1) $2,000 for a first violation;
2) $3,000 for a second violation within one year of a previous violation; and
3) $5,000 for each additional violation within one year of the first violation.

B. Any violation of Chapter 101 of the Indio Municipal Code not involving dangerous fireworks shall be assessed an administrative civil penalty of $1,000 per violation.

Section 2.Ability to-pay determinations.

A. Any penalty issued under this Resolution shall be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination.

B. When assessing an administrative civil penalty under this article, the City will take into consideration a person’s ability to pay the fine as follows:
1) If a person cited is receiving public benefits under Government Code §68632(a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the civil penalty shall be limited to 20 percent of the amount assessed.
2) The City may allow the person cited to complete community service in lieu of paying all or part of the administrative civil penalty.

Page 10 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 158 of 189 2 Section 3. Severability. If any section, subsection, sentence, clause, phrase or word ("Part") of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have passed this Resolution, and each and every Part not declared invalid or unconstitutional, without regard to or reliance upon the passage of any such Part deemed invalid or unconstitutional.

Section 4. Effective Date. This Resolution shall go into effect immediately upon adoption.

PASSED, APPROVED AND ADOPTED this ____________________, 2023. ___________________________

OSCAR ORTIZ,
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

Page 11 of 11 ends

AGENDA ITEM #12.4
Ordinance No. 1799 Amending Title IX, Chapter 101 Related to Enforcement... Page 159 of 189 City of Indio
City Council
November 1, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels located at Jackson Street and Avenue 42.

RECOMMENDATION:

Open the Public Hearing, Take Testimony and Approve Resolution to Approve Exchange of City and Developer Parcels located at Jackson Street and Avenue 42.

SUMMARY:

CAN DO, LLC would like to develop a large and mostly undeveloped parcel at the corner of Jackson Street and Avenue 42 and the City would like to reconfigure and improve its adjacent maintenance yard. CAN DO, LLC intends to build several restaurants and a commercial retail development on the mostly empty and underdeveloped area at Jackson Street and Avenue 42. The approval of this resolution and agreement would: allow for the execution of a lot line adjustment to exchange City parcels for Developer Parcels, outline the future development of a new parking lot for the Golf Course and delineate the negotiation of future easements and their use and location.

BACKGROUND INFORMATION:

At the Planning Commission meeting on April 26, 2023, Can Do, LLC ("Developer") prepared a Project Consultation presentation, which represented their intent to develop a project to be located at Jackson Street and Avenue 42. Their plans include constructing a multi-tenant commercial retail center of 13,620 square feet on 6.12 acres of vacant land. Specifically, the proposed development of this area would include three (3) drive-thru fast-food restaurants including a Chick-Fil-A and Dutch Bros Coffee, and one sit-down restaurant. The sit-down restaurant would have an outdoor patio which would open up to the adjacent The Lights at Indio Municipal Golf Course (the "Golf Course" or "The Lights"). In addition to the commercial retail development, the proposed Project would likely require Developer to reconstruct the existing Golf Course’s parking lot east of the driveway along the project frontage on Avenue 42 (collectively, the "Development Project").

Developer will convey the Developer Exchange Parcel to the City in exchange for the conveyance of the City Exchange Parcel to Developer to facilitate the Development Project on Developer's property, (such transaction hereafter referred to as the “Parcel Exchange”). This Parcel Exchange is a true one-for-one exchange, the parcels which the Developer would receive are 23,950 square feet, and in similar location(s) as the parcels which the City will be receiving, which also comprise 23,950 square feet. As such there will not be any exchange of monies for the parcels; and since the exchange is for parcels of approximately equal value, the Parcel Exchange does not constitute a gift of public funds.

AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 160 of 189

The City issued a public hearing notice related to this transaction in order to ensure that interested members of the public have the opportunity to express their opinion on this potential development.

The parcels the City is receiving pursuant to this exchange further the City's goal of reconfiguring the maintenance yard for the Golf Course. The Parcel Exchange would enable the Development Project and the Agreement further outlines the construction of a new parking lot for the City's Golf Course by the Developer.

Additionally, the Agreement outlines generally easements which will need to be granted by both parties to further the interests of the City and the Development Project. Specifically, the Developer will need access to some portions of City property temporarily in order to construct their project; and the City will need to utilize some portions of the Developer's property during construction to provide for parking and access to certain portions of the Golf Course.

The accompanying resolution makes findings to support the execution of the Parcel Exchange and Easement Agreement. Resolution No. 10402 (the "Resolution") further finds that the City parcels implicated in this exchange are not defined as, nor have they been used by the City as park land and that the Parcel Exchange benefits the City.

To be clear, should the City Council approve the Resolution and Agreement, that action does not constitute an approval the Development Project or any elements thereof. Such an action exclusively approves the exchange of the subject parcels and the subsequent negotiation and approval of the easements described in the Agreement.

ATTACHMENTS:

Attachment 1 - Resolution No. 10402 to approve Parcel Exchange and Easement Agreement Attachment 2 - The Greens Easement and Development Agreement (11.1.23 FINAL) 4874- 4469-7994 v.1
APPROVAL(S):

Steven Graham, City Attorney Approved - 26 Oct 2023
Bryan H. Montgomery, City Manager Approved - 26 Oct 2023

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 161 of 189 1 RESOLUTION NO. 10402

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF INDIO, CALIFORNIA,

AUTHORIZING THE EXECUTION OF A

PARCEL EXCHANGE AND EASEMENT

AGREEMENT, WITH CAN DO, LLC, AND

AUTHORIZING CERTAIN OTHER MATTERS

IN CONNECTION THEREWITH
WHEREAS, the City of Indio, California (the “City”), a
municipal corporation and general law city duly organized and existing under and by virtue of the Constitution and laws of the State of California (“State”) and as such,
WHEREAS, Can Do, LLC (“Developer”) and the City have
agreed to exchange parcels of land of equal size and value in order to further this purpose. The details of this exchange are provided in the Parcel Exchange Agreement attached hereto as Exhibit A and incorporated by reference herein (the “Project”); and
WHEREAS, California Government Code Section 37350
provides that general law cities may dispose of its real property “for the common benefit,”; and
WHEREAS, the City Council for the City of Indio, California (the “City Council” of “Council”) finds that the Project is in the best interests of the City and its residents; and
WHEREAS, the City Council has determined that the City
parcels to be exchanged are not park land, as defined in the Indio Unified Development Code (“UDC”), and that the parcels have not been used by the City as a park land. Therefore, the City Council finds that the Project is exempt from the requirements associated with Cal. Gov. Code §§ 38400, et. seq.; and
WHEREAS, the City Council further finds that the Project is consistent with the City’s General Plan and Parks and Open Spaces Plan, in part due to the fact that the development of the new parking lot will increase access to The Lights at Indio Municipal Golf Course (“Golf Course”); and
WHEREAS, Developer is committing to the development of
several restaurants and other commercial spaces, in a currently underdeveloped area, which will further drive interest in and attendance at the City’s Municipal Golf Course; and
WHEREAS, the City Council hereby agrees and finds it
appropriate for the authorized representatives of the City take actions necessary and appropriate to advance the development and implementation of the Project; and

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 162 of 189 WHEREAS, a public notice was placed in the newspaper of notice to announce that the City Council is considering approving this Project, in order to give those interested parties the opportunity to express their opinion on this Project; and
WHEREAS, the City Council finds the Project to be in
compliance with the requirements of the California Environmental Quality Act, as further defined below.

NOW, THEREFORE, THE CITY COUNCIL OF THE

CITY OF INDIO, CALIFORNIA, DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:

Section 1.Findings and Purpose. The statements, findings, and determinations set forth above and in the preambles of the documents approved by this resolution are true and correct.

Section 2.Authority. The City Council hereby authorizes the City Manager or his designee to take actions that are necessary and appropriate to provide for the implementation of this Resolution.

Section 3.Form of Agreement. The form of the Parcel
Exchange and Easement Agreement, on file with the City Clerk, is hereby approved, and the Mayor (or in his absence, the Mayor Pro Tem) are each hereby authorized and directed, for and in the name and on behalf of the City, to execute Parcel Exchange and Easement and deliver the Agreement in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 4.Not Subject to California Environmental Quality Act. The Council finds that this Resolution and its provisions are not subject to the California Environmental Quality Act (CEQA) pursuant to:
(i) Section 15060(c)(2) (the regulatory activity undertaken herein will not result in a direct or reasonably foreseeable indirect physical change in the environment) and (ii) Section 15060(c)(3) (the regulatory activity undertaken herein is not a project as defined in Section 15378), both Sections being a part of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this resolution has no potential for resulting in physical changes to the environment, directly or indirectly. Therefore, no environmental assessment is required or necessary.

Section 5.Severability. If any section, subsection,
sentence, clause, phrase or word ("Part") of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have passed this Resolution, and each and every part not declared invalid or

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 163 of 189 unconstitutional, without regard to or reliance upon the passage of any such part deemed invalid or unconstitutional.

Section 6.Authority. The officers, employees and agents of the City are hereby authorized and directed, jointly and severally, to do any and all things which the City Manager or the designee thereof may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this resolution. All actions heretofore taken by the elected and appointed officers, employees and agents of the City with respect to the transactions set forth above are hereby approved, confirmed and ratified.

Section 7.Terms. Unless otherwise defined herein, or
where the context otherwise clearly requires, all terms used herein and not otherwise defined shall have the meanings given to such terms in the Parcel Exchange and Easement Agreement.

Section 8.Effect. This resolution shall take effect
immediately upon its passage. The City Clerk shall certify to the adoption of this resolution and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED AND ADOPTED this 1 ST day of
November, 2023.
_______________________________

OSCAR ORTIZ
MAYOR
ATTEST:
________________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 164 of 189 A-1

EXHIBIT A

PARCEL EXCHANGE AND EASEMENT AGREEMENT

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 165 of 189 1 RECORDING REQUESTED BY:

City of Indio
100 Civic Center Mall
Indio, CA. 92201
AND WHEN RECORDED MAIL TO:

CAN DO, LLC
31801 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Dan M. Almquist
AND TO
City of Indio, Community Development
Department
100 Civic Center Mall
Indio, CA. 92201
ATTN: DIRECTOR

EXEMPT FROM RECORDING FEES
PER GOVERNMENT CODE §§6103, 27383
(SPACE ABOVE LINE FOR RECORDER’S USE ONLY)

PARCEL EXCHANGE AGREEMENT AND GRANT OF EASEMENTS
THIS PARCEL EXCHANGE AGREEMENT AND GRANT OF EASEMENTS (this “Agreement”) is made as of November 1, 2023, by and between CAN DO LLC, a California limited liability company (“Developer”), and THE CITY OF INDIO, a municipal corporation (“City”) (Developer and City collectively, the “Parties” and each a “Party”).

DEFINITIONS
I. “Actual knowledge” shall mean the actual, current knowledge of the Developer’s and/or City’s (as applicable) employees and agents who have participated in the preparation of this Agreement and/or the management of the Developer Exchange Parcel and/or City Exchange Parcel, as applicable, and shall not impose a duty of investigation.

II. “Avenue 42 Entryway” means the curb cut and drive aisle adjacent to Avenue 42 through which the Existing Parking Lot can be accessed.

III. “City Exchange Parcel” means that portion of the City Property containing

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 166 of 189 2 approximately 16,085 square feet and designated as the “City Exchange Parcel” on the Site Plan attached hereto as Exhibit “D”.

IV. “City Party” means City and any agency, department, district, commission, board, instrumentality or subdivision of City, and their respective predecessors, successors and assigns.

V. “City Property” means that certain real property that is adjacent to the Developer Property, as more particularly described in Exhibit “B” attached hereto.

VI. “County ” means the County of Riverside, California.

VII. “Covered Agreement” means any contract, agreement, subcontract, indenture, note, bond, loan, instrument, map, permit, lease, sublease, license, sublicense, occupancy agreement, service agreement, maintenance agreement, settlement agreement, consent decree, easement, conditional sales contract, purchase order, sales order, mortgage, deed of trust, grant, letter of understanding, commitment or other legally binding arrangement, whether written or oral, entered into by and between a Developer Party, on the one hand, and a City Party, on the other hand, or otherwise executed by a Developer Party for the benefit of a City Party. For the avoidance of doubt, each of the following is a Covered Agreement: (i) that certain Real Estate Exchange and Development Agreement by and between City and TFG dated as of February 6, 2008, as amended, (ii) that certain Letter of Understanding sent by City to TFG (and countersigned by certain affiliates and/or successors of TFG), dated September 15, 2010, and (iii) that certain agreement referenced in that certain Faithful Performance and Payment Bond (Bond No. 105597619) dated as of July 1, 2011, executed by Primus Contracting Group, Inc., as principal, and Travelers Casualty and Surety Company of America, as surety, in favor of City (the “Bond”).

VIII. “Date of Agreement ” is the date set forth in the first paragraph of this Agreement.

IX. “Developer ” means Can Do, LLC, a California limited liability company.

X. “Developer Easement” means a permanent easement appurtenant to the Developer Property for pedestrian and vehicular ingress and egress over and across the Developer Easement Area.

XI. “Developer Easement Area” consists of the Avenue 42 Entryway and the portion of the Existing Parking Lot that is located upon the City Property. The Developer Easement Area is depicted on the Site Plan attached hereto as Exhibit “E-1” and described on Exhibit “E-2” attached hereto.

XII. “Developer Exchange Parcel” means that portion of the Developer Property containing approximately 16,085 square feet and designated as the “Developer Exchange Parcel” on the Site Plan attached hereto as Exhibit “D”.

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 167 of 189 3 XIII. “Developer Party” means Developer, The Foundation Group, LLC, a California limited liability company (“TFG”), TFGCO Jackson LLC, a California limited liability company, any of their respective affiliates, and the partners, trustees, beneficiaries, shareholders, directors, officers, members, managers, attorneys, employees, contractors and agents of each of them, and their respective predecessors, successors, and assigns.

XIV. “Developer Property” means the real property located at the northeast corner of Avenue 42 and Jackson Street in the City of Indio, County of Riverside, California, more particularly described in Exhibit “A” attached hereto.

XV. “Development Obligations” means any and all obligations set forth in any Covered Agreement to develop or improve any property (whether owned by a Developer Party, City Party, or other party), pay any amounts, grant any easements or licenses, execute any agreements or other documents, or undertake any other actions in connection with or as a condition to the development or improvement of any property.

XVI. “Existing Parking Lot” means the vehicle parking lot that straddles the property line between a portion of the Developer Property and a portion of the City Property, which can be accessed from Avenue 42 via the Avenue 42 Entryway.

XVII. “Golf Course Access Easement” means a permanent easement, either in the perfecting deed or by a separate instrument, which easement shall be appurtenant to the Developer Property, for golf cart and pedestrian ingress and egress from the Golf Course to food and beverage service and/or dining facilities that may be constructed upon the Developer Property.

XVIII. “Governmental Requirements ” means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State, the County, the City or any other political subdivision in which the Developer Property and the City Property are located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over City, Developer, the City Property or the Developer Property.

XIX. “Hazardous Materials ” means any substance, material or waste which is, as of the Date of Agreement, regulated by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance which is:

1. Defined as a “hazardous waste,” “acutely hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),

2. Defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley- Tanner Hazardous Substance Account Act),

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 168 of 189 4 3. Defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory),

4. Defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),

5. Petroleum,

6. friable asbestos,

7. Polychlorinated byphenyls,

8. Designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. § 1317),

9. Defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903),

10. Defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601),

11. Methyl-Tertiary Butyl Ether,

12. Any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any Governmental Requirements either requires special handling in its use, transportation, generation, collection, storage, handling, treatment or disposal, or is defined as “hazardous” or harmful to the environment, or

13. Any combination thereof.

XX. “Reciprocal Easement Agreement” is defined in Section 4 of this Agreement.

XXI. “Temporary City Parking Easement Area” means the portion of the Existing Parking Lot that is located upon the Developer Property. The Temporary City Parking Easement Area is depicted on the Site Plan attached hereto as Exhibit “C-1” and described on Exhibit “C-2” attached hereto.

XXII. “Temporary City Parking Easement” means a temporary exclusive easement for the parking of motor vehicles in the existing parking stalls within the Temporary City Parking Easement Area.

XXIII. “Temporary Construction Easement” means a temporary construction easement to enter upon the City Property for the purpose of relocating the cart path to the maintenance yard and for convenient access thereto.

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 169 of 189 5 The Parties agree that this Agreement is entered into on the basis of, and with reference to, the following recitals:

R E C I T A L S
A. Developer is the owner of the Developer Property, which is being developed as a retail and commercial center.

B. City is the owner of the City Property.

C. Portions of the City Property are currently used as a maintenance yard, golf cart paths, vehicle parking lot and golf play area for The Lights at Indio Golf Course (the “Golf Course”).

D. City desires the Temporary City Parking Easement.

E. Developer desires the Developer Easement.

F. To facilitate the development of the Developer Property and to accommodate the City’s desire to reconfigure the maintenance yard for the Golf Course, the Parties desire to convey to City the Developer Exchange Parcel in exchange for the conveyance to Developer of the City Exchange Parcel (such transaction hereafter referred to as the “Parcel Exchange”).

G. Developer may develop the Temporary City Parking Easement Area with buildings and improvements other than parking stalls provided City is granted alternate ingress, egress and vehicle parking rights upon other portions of the Developer Property pursuant to the Reciprocal Easement Agreement or Developer constructs the “New Golf Course Parking Lot” as shown on the Site Plan attached hereto as Exhibit “F” (the “New Golf Course Parking Lot”).

NOW, THEREFORE, in consideration of the foregoing recitals, the covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and City hereby agree as follows:

1. Temporary City Parking Easement. Developer hereby grants the Temporary City Parking Easement to City. City shall maintain and repair the Temporary City Parking Easement Area at City’s sole cost and expense for so long as the Temporary City Parking Easement shall remain in effect. The Temporary City Parking Easement shall terminate upon the earlier of (i) the completion of the New Golf Course Parking Lot or (ii) recordation of the Reciprocal Easement Agreement in the Official Records of the County of Riverside (“Official Records”).

2. Developer Easements. City hereby grants to Developer the Developer Easement. At such time as may be requested by Developer in connection with Developer’s construction of the New Golf Course Parking Lot, City shall grant to Developer a temporary construction easement appurtenant to the Developer Property over and across the City Property as may be reasonably necessary or convenient to allow for Developer’s construction of the New

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 170 of 189 6 Golf Course Parking Lot. The terms and exact boundaries of such temporary construction easement shall be agreed upon in good faith by Developer and the City Manager (on behalf of the City) when requested by Developer. Once finalized, such temporary construction easement shall be recorded in the Official Records at Developer’s sole cost and expense.

3. Parcel Exchange. Forthwith following the Parties’ mutual execution of this Agreement, Developer and City shall effectuate the Parcel Exchange by recording a lot line adjustment and perfecting deeds (collectively, the “Lot Line Adjustment”) or a parcel map in the Official Records. At such time(s) as may be requested by Developer in connection with its Development of the Developer Property, City shall grant to Developer the following easements:

3.1 The Golf Course Access Easement; and

3.2 The Temporary Construction Easement.

No monetary consideration shall be paid by either Party to the other Party in connection with the Parcel Exchange, the Lot Line Adjustment or parcel map, as applicable, and/or the grant of the Golf Course Access Easement and/or the Temporary Construction Easement. The terms and exact boundaries of the Golf Course Access Easement and the Temporary Construction Easement shall be agreed upon in good faith by Developer and the City Manager (on behalf of the City) when requested by Developer. Developer (at its sole cost and expense) shall prepare the Lot Line Adjustment or parcel map, as applicable, the Golf Course Access Easement and the Temporary Construction Easement, and submit the foregoing to City for approval and processing (neither of which shall be unreasonably withheld, delayed or conditioned). The Lot Line Adjustment or parcel map, as applicable, the Golf Course Access Easement and the Temporary Construction Easement shall be recorded in the Official Records at Developer’s sole cost and expense. Following the recordation of the Lot Line Adjustment, the Developer Exchange Parcel shall be deemed to be a part of the City Property and the City Exchange Parcel shall be deemed to be a part of the Developer Property, in each case for all purposes under this Agreement.

4. Reciprocal Easement Agreement. At such time as Developer desires to develop the Temporary City Parking Easement Area with buildings and improvements other than vehicle parking stalls, Developer shall submit to City a reciprocal easement agreement (the “Reciprocal Easement Agreement”) pursuant to which:

4.1 If the New Golf Course Parking Lot has not yet been constructed, City shall be granted alternate, nonexclusive ingress, egress and vehicle parking rights over other portions of the Developer Property until such time as the New Golf Course Parking Lot has been constructed; and

4.2 Developer shall have a temporary construction easement appurtenant to the Developer Property over and across the Developer Easement Area as may be reasonably necessary or convenient to allow for Developer’s development of the Temporary City Parking Easement Area and other portions of the Developer

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 171 of 189 7 Property. The terms and exact boundaries of such easement shall be agreed upon in good faith by Developer and the City Manager (on behalf of the City) when requested by Developer.

Promptly following the submittal of Developer’s initial draft of the Reciprocal Easement Agreement, the Parties shall thereafter work together in good faith to finalize, execute, acknowledge and record the Reciprocal Easement Agreement as soon as reasonably practicable. The terms and exact boundaries of the easement(s) to be set forth in the Reciprocal Easement Agreement shall be agreed upon in good faith by Developer and the City Manager (on behalf of the City) when requested by Developer. Upon recordation of the Reciprocal Easement Agreement in the Official Records, the Temporary City Parking Easement shall be of no further force or effect.

5. No Gift or Dedication. The Developer Exchange Parcel and the City Exchange Parcel each contain approximately 16,085 square feet, and Developer and City agree that the Developer Exchange Parcel and the City Exchange Parcel are of similar value and a one- for-one swap without additional consideration is appropriate. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Developer Property and/or the City Property to or for the general public or for any public use or purpose whatsoever, it being the intention of the Parties that the rights granted in this Agreement shall be strictly limited to and for the purposes herein expressed with respect to private property solely for the benefit of the Parties hereto and their respective successors and assigns.

6. Mortgagee Protection. No breach or violation of this Agreement or of the restrictions provided herein shall terminate any easement granted pursuant to this Agreement, nor shall it render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to any portion of the Developer Property. All of the provisions of this Agreement shall be binding upon and effective against and inure to the benefit of any subsequent owner (including any mortgagee or beneficiary under a deed of trust) who acquires title to the Developer Property or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise.

7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any lawsuit filed to enforce any obligation under this Agreement shall be filed at the Superior Court of the County of Riverside, Indio Branch.

If the lawsuit cannot be filed at the Superior Court of the County of Riverside, Indio Branch, it shall be filed in any other court of competent jurisdiction within the County of Riverside.

8. Successors and Assigns. This Agreement shall run with the Developer Property and the City Property and shall be binding upon and inure to the benefit of any and all persons or entities having or acquiring any interest in the Developer Property or the City Property.

9. Entire Agreement. This Agreement constitutes the entire agreement between Developer and City with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between Developer and City regarding such

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 172 of 189 8 subject matter. Without limiting the foregoing, City acknowledges and agrees that any and all obligations of Developer and the predecessors in interest of Developer regarding the development and/or improvement of the Developer Property and/or the City Property including, without limitation, all Development Obligations are hereby terminated and of no further force or effect.

10. Studies and Reports. Prior to the consummation of the Parcel Exchange, each Party shall be permitted to study, test, investigate and make surveys of the property that it will acquire in the Parcel Exchange, including the investigation of the environmental condition of such property (provided that no invasive or subsurface testing shall be undertaken without a property owner’s prior written consent). Any such work undertaken on any property by Developer or City, respectively, prior to the consummation of the Parcel Exchange shall be done at the sole expense of the performing Party and each Party shall provide the other with copies of any studies or reports that it obtains. Any such work shall be undertaken only after securing any necessary permits from the appropriate governmental agencies.

Each Party shall provide to the other a copy of all material documents and material agreements in the possession or control of such Party with respect to the property that it is conveying in the Parcel Exchange within ten (10) days after the Date of Agreement. Each Party shall have ten (10) days from the date on which it receives the documentation referred to in the immediately preceding sentence to review such documentation, and either Party may terminate this Agreement within such ten (10) day period by written notice to the other Party if the Party believes, in its sole but reasonable discretion, that the condition of the property that it would acquire in the Parcel Exchange is not suitable for its intended purpose. Between the Date of Agreement and the consummation of the Parcel Exchange, each of City and Developer shall have an ongoing obligation to provide to the other Party with any material documents that it receives relating to the condition of the property that it is conveying in the Parcel Exchange.

11. Disclosure Regarding Condition of Developer Exchange Parcel and the City Exchange Parcel. Each Party hereby represent and warrant to the other Party that it has no actual knowledge of and has not received any notice or communication from any governmental agency having jurisdiction over the Developer Exchange Parcel or the City Exchange Parcel notifying it of the presence of Hazardous Materials in, on or under the Developer Exchange Parcel or the City Exchange Parcel or any portion of either of the foregoing.

12. No Further Warranties; Delivery of Property “As Is”. Except as otherwise provided herein, the physical condition of the Developer Exchange Parcel and the City Exchange Parcel is and shall be delivered to Developer or City, as applicable, in an "as-is" condition, with no warranty expressed or implied by the conveying Party, including without limitation, the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the property for the development purposes intended hereunder. Notwithstanding anything to the contrary in this Agreement, neither Party waives or relinquishes any common law or statutory rights it may have against the other Party or third persons arising from or related to the cause or source of any Hazardous Materials on the City Exchange Parcel and Developer Exchange Parcel, or for contribution or indemnity as a result of site evaluation,

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 173 of 189 9 remediation and/or clean-up costs and liability.

13. Cooperation. Each Party agrees to do and perform such other and further acts, and execute, acknowledge and deliver such other and further documents as may be reasonably necessary, expedient or convenient to effectuate the intents and purposes of this Agreement. Without limiting the foregoing, City shall do and perform such other and further acts, and execute, acknowledge and deliver such other and further documents as may be reasonably necessary, expedient or convenient to effectuate the release of the Bond. In no event shall any Party obstruct or otherwise interfere with the use and enjoyment by the other Party of any of easement or right of access or use granted in or pursuant to this Agreement.

14. Severability. If any provision of this Agreement is prohibited or held to be invalid, illegal or unenforceable for any reason, the Parties hereto agree to the fullest extent permitted by law that (i) the validity, legality and enforceability of the other provisions shall not be affected or impaired thereby and (ii) the Parties hereto shall endeavor in good faith negotiations to replace the invalid or unenforceable provisions with valid and enforceable provisions, the economic effect of which comes as close as possible to that of the invalid or unenforceable provision(s).

15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other the other Party to this Agreement attached thereto.

16. Cost of Enforcement. If any legal or equitable action or proceeding is instituted by one Party against the other to enforce or interpret any provision of this Agreement, the Party prevailing in such action shall be entitled to recover all of its costs of suit, including, but not limited to, reasonable attorneys’ fees awarded by the court, from the losing Party.

17. Third Party Beneficiaries. Nothing expressed or mentioned in this Agreement is intended to or shall be construed to give any person, other than the Parties and their respective successors or assigns, any legal or equitable right, remedy, or claim under or in respect of this Agreement or any provisions hereof, and this Agreement is intended to be for the sole and exclusive benefit of the Parties and their successors, assigns, and for the benefit of no other person or entity.

18. Further Assurances. The Parties hereto agree to perform their obligations hereunder in “good faith,” and to take all reasonable action necessary to effectuate the terms of this Agreement. The Parties further agree to execute and deliver such additional documents and instruments as may be reasonably required to carry out the provisions and intent of this Agreement.

19. Force Majeure. Neither Party shall be liable or responsible to the other Party, nor be

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 174 of 189 10 deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any obligation under this Agreement when and to the extent such failure or delay is caused by a Force Majeure Event. The failure or inability of either Party to perform its obligations in this agreement due to a Force Majeure Event shall be excused for the duration of the Force Majeure Event and the time for performance extended for a period equivalent to the period of such delay. A “Force Majeure Event” means any of the following: (i) acts of God; (ii) floods, fires, earthquakes, explosions, or other natural disasters; (iii) war, invasions, hostilities (whether war is declared or not), terrorist threats or acts, riots, or other civil unrest; (iv) governmental authority, proclamations, orders, laws, actions, or requests; (v) embargoes or blockades in effect on or after the Date of Agreement; (vi) epidemics, pandemics, or other national or regional public health emergencies; (vii) strikes, labor stoppages or slowdowns, or other industrial disturbances; (viii) shortages of supplies, adequate power, or transportation facilities; and (ix) other events beyond the reasonable control of the Parties.

20. Representations and Warranties; Covenants. Each Party hereby represents, warrants and agrees that (a) it has the full right and authority to enter into and fully perform this Agreement in accordance with its terms and that this Agreement constitutes a valid, binding and enforceable agreement of such Party, (b) it shall perform its activities under this Agreement in accordance with all applicable Federal, state and local laws and regulations, (c) the execution, delivery and performance of this Agreement will not violate the provisions of any agreement to which it is a party or by which it is bound and (d) it shall, at its own cost, apply for and secure any and all permits, licenses or other consents which may be required for the performance of its obligations under this Agreement.

21. Headings. The captions and section headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit, or effect construction or interpretation of any term or provision hereof.

22. Modification, Waiver. No modification, waiver, amendment, or discharge of this Agreement shall be valid unless the same is in writing and signed by both Parties. Any failure or delay by either Party in asserting any of its rights and remedies as to any default, shall not operate as a waiver of any default or of any rights or remedies provided for herein.
[signature page follows]

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 175 of 189 11 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date first set forth above.

DEVELOPER: CITY:

CAN DO LLC, THE CITY OF INDIO,
a California limited liability company a municipal corporation By: By:

Dan M. Almquist, Manager Name: Oscar Ortiz, Mayor
ATTEST:

By:

Sabdi Sanchez, Deputy City Clerk
APPROVED AS TO FORM:

By:

Steven Pacifico Graham, City Attorney

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 176 of 189 12 ACKNOWLEDGMENT

STATE OF CALIFORNIA )
) ss:

COUNTY OF __________ )
On ______________, 2023 before me, _____________________________________________, a Notary Public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:
[Seal]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 177 of 189 13 ACKNOWLEDGMENT

STATE OF CALIFORNIA )
) ss:

COUNTY OF __________ )
On ______________, 2023 before me, _____________________________________________, a Notary Public, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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EXHIBIT A

DESCRIPTION OF THE DEVELOPER PROPERTY

THE LAND SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A1: (APN: 692-670-001)
PARCEL 1 OF PARCEL MAP NO. 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL A2:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS OVER PARCEL 4 OF PARCEL MAP NO. 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF

PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 3 THENCE N00° 28’ 58”E A DISTANCE OF 181.67 FEET, THENCE N89° 31’ 02”W A DISTANCE OF 306.94 FEET, THENCE N00° 07’ 52”E A DISTANCE OF 30.00 FEET, THENCE S89° 31’ 02”E A DISTANCE OF 336.94 FEET, THENCE S00° 28’ 58”W A DISTANCE OF 211.67 FEET, THENCE N89° 31’ 02”W A DISTANCE OF 30.0 FEET, TO THE POINT OF BEGINNING.

PARCEL A3:

PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 THENCE N00° 07’ 52”E A DISTANCE OF 34.67 FEET, THENCE S89° 31’ 02”E A DISTANCE OF 239.91 FEET, THENCE S00° 00’ 00”E A DISTANCE OF 34.67 FEET, THENCE N89° 31’ 02”W A DISTANCE OF 239.91 FEET, TO THE POINT OF BEGINNING.

PARCEL A4:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 232,

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 179 of 189 PAGES 85 THROUGH 88 OF PARCEL MAPS, DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS “30’ ACCESS EASEMENT.”
PARCEL A5:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THE EAST 37 FEET OF PARCEL 2 OF PARCEL MAP 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF PARCEL MAPS, RECORDED IN SAID RIVERSIDE COUNTY.

PARCEL B1: (APNS: 692-670-004, 011, 014 & 017)
PARCEL B AS SHOWN ON EXHIBIT “B” OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 2020-01 RECORDED OCTOBER 9, 2020 AS INSTRUMENT NO. 2020-0485634 OF OFFICIAL RECORDS, IN THE CITY OF

INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND MORE FULLY DESCRIBED AS FOLLOWS:

BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 35639, IN THE CITY OF INDIO,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88, INCLUSIVE, OF PARCEL MAPS, FILED IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP;

THENCE ALONG THE NORTHERLY LINE THEREOF AND ITS EASTERLY PROLONGATION, SOUTH 89°31’02” EAST 301.18 FEET;
THENCE SOUTH 00°04’07” EAST 151.16 FEET TO THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID PARCEL 2;

THENCE ALONG SAID PROLONGATION AND SAID SOUTHERLY LI NE, NORTH 89°31’02” WEST 301.71 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2, SAID CORNER BEING AN ANGLE POINT IN THE WESTERLY LINE OF SAID PARCEL 4; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, SOUTH 00°07’52” WEST

30.00 FEET TO THE NORTHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 35639;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 3, SOUTH 89°31’02” EAST 306.95 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3, SOUTH 00°28’58” WEST 181.67 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 3 AND MOST SOUTHWESTERLY CORNER OF SAID PARCEL 4;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, SOUTH 89°31’02" EAST 530.91 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 4;

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 180 of 189 THENCE ALONG THE GENERAL EASTERLY LINE OF SAID PARCEL 4 THE FOLLOWING (13) COURSES:
1) NORTH 33°35’11” EAST 27.45 FEET
2) NORTH 00°28’58” EAST 75.97 FEET
3) NORTH 89°31’02” WEST 22.01 FEET
4) NORTH 00°28’58” EAST 139.00 FEET
5) NORTH 85°54’45” WEST 44.01 FEET
6) NORTH 52°12’00” WEST 29.00 FEET
7) NORTH 85°54’39” WEST 139.00 FEET
8) NORTH 44°13’52” WEST 32.23 FEET
9) NORTH 00°07’11” EAST 15.10 FEET
10) NORTH 89°31’02” WEST 37.40 FEET
11) NORTH 44°31’02” WEST 241.74 FEET
12) NORTH 89°31’02” WEST 81.10 FEET
13) NORTH 00°28’58” EAST 129.93 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 4;
THENCE LEAVING SAID GENERAL EASTERLY LINE OF SAID PARCEL 4, ALONG THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 89°30’56” WEST 315.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, SOUTH 00°07’52” WEST

35.44 FEET TO THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 35639;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 89°31’02” EAST 176.30 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SOUTH 00°28’58” WEST 173.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH 89°31’02” WEST 175.24 FEET, TO THE SOUTHWEST CORNER OF SAID PARCEL 1 AND A POINT IN THE WESTERLY LINE OF SAID PARCEL 4;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 4, SOUTH 00°07’52” WEST

34.67 FEET, TO THE POINT OF BEGINNING.

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 181 of 189

RESERVING THEREFROM AN EASEMENT FOR INGRESS, EGRESS AND ACCESS

PURPOSES OVER THAT PORTION DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS “30’ ACCESS EASEMENT.”

ALSO RESERVING THEREFROM AN EASEMENT FOR INGRESS, EGRESS AND ACCESS OVER THAT PORTION DESCRIBED AS FOLLOWS:

PARCEL B2:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THAT PORTION OF PARCEL 5 OF PARCEL MAP 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF PARCEL MAPS, RECORDED IN SAID RIVERSIDE COUNTY, DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS "ACCESS EASEMENT RESERVED HEREON.”
PARCEL B:

AN EASEMENT FOR INGRESS, EGRESS AND ACCESS PURPOSES OVER THE EAST 20 FEET OF PARCEL 5 OF PARCEL MAP 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN BOOK 232, PAGES 85 THROUGH 88 OF PARCEL MAPS, RECORDED IN SAID RIVERSIDE COUNTY.

PARCEL B4:

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EXHIBIT B

DESCRIPTION OF THE CITY PROPERTY
APN: 692-040-018; 692-040-019; 692-040-020; 692-670-006; 692-670-010; 692-670-011

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 183 of 189 EXHIBIT C-1

DEPICTION OF TEMPORARY CITY PARKING EASEMENT AREA

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 184 of 189 EXHIBIT C-2

DESCRIPTION OF TEMPORARY CITY PARKING EASEMENT AREA
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 35639, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 232, PAGES 85 THROUGH 88, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;

BEING A PORTION OF PARCEL B AS SHOWN ON CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 2020-01 RECORDED OCTOBER 9, 2020 AS INSTRUMENT NO. 2020-0485634, OFFICIAL RECORDS OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE, ALONG

EASTERLY AND NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN COURSES; THENCE, NORTH 33°35’11” EAST 27.45 FEET; THENCE, NORTH 00°28’58” EAST 75.97 FEET; THENCE, NORTH 89°31’02” WEST 22.01 FEET; THENCE, NORTH 00°28’58” EAST 139.00 FEET; THENCE, NORTH 85°54’45” WEST 44.01 FEET; THENCE, NORTH 52°12’00” WEST 29.00 FEET; THENCE, NORTH 85°54’39” WEST 47.56 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 43°13’24” WEST 103.58 FEET; THENCE, SOUTH 44°29’14” EAST 261.82 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 89°31’02” EAST 6.73 FEET TO THE POINT OF BEGINNING.

SAID DESCRIPTION CONTAINS 29,163 SQUARE FEET, MORE OR LESS.

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EXHIBIT D

SITE PLAN DEPICTING EXCHANGE PARCELS

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 186 of 189 EXHIBIT E-1

DEPICTION OF DEVELOPER EASEMENT AREA

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AGENDA ITEM #13.1
Resolution No. 10402 to Approve an Exchange with CAN DO, LLC of Parcels ... Page 187 of 189 EXHIBIT E-2

DESCRIPTION OF DEVELOPER EASEMENT AREA

THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 7

EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 4 OF PARCEL MAP NO. 35639 FILED IN BOOK 232, PAGES 85 THROUGH 88, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE EASTERLY LINE OF LOT “B” OF SAID PARCEL MAP; SOUTH 00°28’58” WEST

25.00 TO THE NORTHERLY LINE OF AVENUE 42, AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89°31’02” EAST 100.45 FEET; THENCE, NORTH 00°14’37” WEST 160.58 TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE, ALONG

SAID CURVE IN A NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 44°45’23” AN ARC LENGTH OF 23.43 FEET; THENCE, NORTH 45°00’00” WEST

76.85 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE, ALONG SAID CURVE IN A NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 45°00’00” AN ARC LENGTH OF 23.56 FEET; THENCE, SOUTH 90°00’00” WEST 20.38 FEET TO THE EASTERLY LINE OF SAID PARCEL 4; THENCE, ALONG SAID EASTERLY LINE, SOUTH 00°28’58” WEST 31.62 FEET TO THE BEGINNING TO A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 8.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 20°05'18" EAST; THENCE, ALONG SAID

CURVE IN A SOUTHEASTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 24°56’42”, AN ARC LENGTH OF 3.48 FEET; THENCE, SOUTH 45°00”00” EAST 46.34

TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE, ALONG SAID CURVE IN A SOUTHERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 45°00’00”, AN ARC LENGTH OF

11.78 FEET; THENCE, SOUTH 00°00’00” EAST 106.11 FEET TO A LINE WHICH BEARS NORTH 43°53’58” EAST FROM THE POINT OF BEGINNING; THENCE, ALONG SAID LINE, SOUTH 43°53’58” WEST 49.95 FEET TO THE POINT OF BEGINNING.

SAID DESCRIPTION CONTAINS 16,830 SQUARE FEET, MORE OR LESS.

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EXHIBIT F

SITE PLAN DEPICTING NEW GOLF COURSE PARKING LOT

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Indio City CouncilNovember 1, 2023

Indio City Council
November 1, 2023