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E. Contractor to Serve Notice of Delays . Whenever Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which Contractor regards as an excusable delay, he shall notify the City Engineer in writing of the probability of such delay and its cause, in order that the City Engineer may take immediate steps to prevent if possible the occurrence or continuance of the delay, or if this cannot be done, may determine whether the delay is to be consider ed excusable, how long it continues, and to what extent the prosecution and completion of the work are delayed thereby. Said notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.
After the completion of any part or whole of the work, the City Engineer, in estimating the amount due Contractor, will assume that any and all delays which may have occurred in its prosecution and completion have been avoidable delays, except such delays as shall have been called to the attention of the City Engineer at the time of their occurrence and found by him to have been excusable. Contractor shall make no claim that any delay not called to the attention of the City Engineer at the time of its occu rrence has been an excusable delay.
F. Extension Of Time - Excusable Delay.
Should any delays occur which the City Engineer may consider excusable, as herein defined, Contractor shall, pursuant to his application, be allowed an extension of time beyond the time herein set forth proportional to said delay or delays in which to comp lete this Contract; and, during an extension which may have been granted because of an excusable delay or delays, City shall not charge liquidated damages against Contractor for such delay.
1. Extension Of Time Does Not Waive City's Rights . The granting of any extension of time on account of delays which in the judgment of the City Engineer are excusable delays shall in no way operate as a waiver on the part of City of its rights under this Contract excepting only the extension of the Completion Date.
2. No Payment For Delays . No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the work whether such delays qualify for extension of time under this Agreement or not.
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G. City's Right to Take Possession of the Work In Whole or in Part.
The City shall have the right at any time to enter upon the work and perform work not covered by this Contract, or to occupy and use a portion of the work, prior to the date of the final acceptance of the work as a whole, without in any way relieving Contractor of any obligations under this Contract.
Such use or occupation of the work shall not be construed as an acceptance of any portion of the work under this Contract, nor shall it affect the dates and times when payments shall become due nor prejudice City's right, guarantees, or sureties.
SECTION 3. CONTRACT DOCUMENTS AND ADDITIONAL SERVICES.
Each of the items hereinafter referred to are incorporated herein by this reference as if set forth in full herein.
Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles, and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.
The Contract Documents, sometimes also referred to as "the Contract," consist of the following documents as those may be modified or supplemented:
-Notice Inviting Bids -Bid Bond
-Scope of Work Summary -Information Required of Bidder -Information for Bidders -Contract
-Bid Form -Certificate Regarding Workers’
Compensation
-Non-Collusion Affidavit -Drug-free Workplace Certification -Site Visit Certification -Plans and Specifications
-Faithful Performance Bond -Addenda
-Labor and Materials Payment Bond -Drawings
-Change Orders -Shop Drawing Transmittals
-General Conditions/Standard Specifications -Special Conditions -Supplementary General Conditions -Proposed/Selected Subcontractors -Project Construction Schedule -Non-Asbestos Containing Materials
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-Contractor’s Certificate Regarding
which include, the current general prevailing wage rate, the labor surcharge and equipment rental rates and the notice to contractors, the Insurance Requirements, and any other such data and all versions thereof prepared by City pursuant to Contract, and any modifications of any of the foregoing in the form of Addenda or executed Change Order or otherwise effected in accordance with the terms of the Contract.
SECTION 4. INCORPORATION AND CONFLICTING TERMS. The following documents are incorporated and made part of this Agreement by this reference:
1. Insurance requirements (“Addendum 1”)
2. All bid documents
3. All Exhibits and Addendums
4. All amendments
5. Contractor’s proposal, if any
6. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Contractor for any portion of work done under Agreement (“Funding Restrictions”) (a) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents
are intended to be complementary, and a requirement in
one Document is effective as if it appeared in all the
Documents. In the event of a co nflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance
requirements, Exhibits and Addendums, and Contractor’s
proposal. Wher e the requirements of one Document are
more stringent then another the more stringent shall
govern.
SECTION 5. COMPENSATION AND METHOD OF PAYMENT.
A. City agrees to pay, and Contractor agrees to accept, in full payment for the above work, in an amount not to exceed one hundred twenty -five thousand, nine hundred forty-five DOLLARS AND 00 CENTS
($125,945.00), which sum is to be paid according to the schedule and in the manner set forth herein and subject to additions, deductions, and withholding as provided in the Contract Documents. When it is provided in the Notice to Bidders, Instructions to Bidders, or Proposal Form that Contractor is to be paid
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on the basis of the unit prices shown in his bid, instead of a lump sum price, the Contractor agrees to accept, in full payment for the above work, the sum computed in accordance with the actual amount of each item of work performed or material furnished, at the unit price which Contractor bid for each such item in his Proposal Form, said unit price to be determined as provided in the Standard Specifications and Special Provisions.
1. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid the time frames set out below.
2. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
3. If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.”
B. Progress and Final Payments.
Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTR ACTOR upon submission of satisfactory invoices to CITY. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article.
C. Retention of Sums Charged Against Contractor. City will withhold (5% of amount owed Contractor from Progress Payments.
D. Substitution of Securities. Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.
Substitution of securities shall not be required in contracts in whi ch there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural
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Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allow the substitution of securities.
Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest , and payments received by the escrow agent from CITY, pursuant to the terms of this section.
Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.
In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent (5%) of CONTRACTOR's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.
E. Payments Do Not Imply Acceptance Of Work. The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made.
F. Payment of Undisputed Contract Amounts. Payment of undisputed contract progress payments or amounts is contingent upon Contractor furnishing the City with a release of all claims against the City arising by virtue of the contract related to those amounts. The City shall pay interest at the legal rate to the Contractor for any progress payment request not paid within thirty (30) days of submission when the validity of the request is not disputed and when the request has been properly submitted. Any payment request determined by City not to be a proper request shall be returned to Contractor as soon as practicable, but not later than seven (7) days after receipt. A request returned pursuant to this paragraph shall be accompanied by a writing setting forth the reasons why the payment request is not proper.
G. Acceptance Not Release. Contractor shall correct immediately any defective or imperfect work which may be discovered before final acceptance of the entire
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work. Any unsatisfactory materials shall be rejected, notwithstanding that they may have been overlooked by the proper inspector. The inspection of the work, or any part thereof, shall not relieve Contractor of any of his obligations to perform satisfactory work as herein prescribed.
Failure or neglect on the part of the City or any of its authorized agents to condemn or reject bad or inferior work or materials shall not be construed to imply an acceptance of such work or materials if such becomes evident at any time prior to final acceptance of the entire work or all materials, nor shall such failure be construed as barring City at any subsequent time from recovering damages or of such a sum of money as may be required to build anew all portions of the work in which fraud was practiced or improper materials used whenever City may discover the same.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Scope of Work unless such additional services are authorized in advance and in writing in accordance wi th the provisions of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Scope of Work.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 7. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original ma ps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or
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discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
1. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Contractor hereby assigns to City all of Contractor’s rights, title, and interest in and to the content of all deliverable materials created by Contractor or its employees, agents, or subcontractors, including copyrights, in connection with the Services performed under this Agreement. Contractor shall promptly execute and deliver, and shall cause its employees, agents, and subcontractors to promptly execute and deliver, upon request by the City or any of its successors or as signs at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desira ble to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangi ble or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Contractor and shall survive the termination of Contractor’s Services under this Agreement.
SECTION 8. CONTRACTOR’S BOOKS AND RECORDS.
A. Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws
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relating to audits of public agencies and their expenditures.
B. Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices, “Section 24,” of this Agreement.
C. Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 9. INDEPENDENT CONTRACTOR.
A. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
B. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
C. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
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SECTION 10. STANDARD OF PERFORMANCE AND LICENSURE.
A. GUARANTY:
1. General Warranty: Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
B. LANDSCAPE AND IRRIGATION INSTALLATION
1. General
Contractor shall have appropriate licenses, bonds, insurance and City Business license.
Contractor to coordinate with other trades.
The CONTRACTOR shall visit the construction site and shall take all measurements and obtain any other information as may be necessary for a complete and conclusive bid.
The work required is indicated on the drawings and includes but is not necessarily limited to: soil preparation; installing irrigation system; planting and staking trees; planting shrubs and ground cover, providing and placing decomposed granite, weed cont rol and 90-day plant establishment period including guaranteeing plants and/or replacing plants. Palm trees shall be guaranteed for a period of twelve (12) months from the date of acceptance.
Landscape and irrigation workmanship and materials shall be of the highest standards and quality.
All landscape materials and installations will be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of not less than 90 days, except all tree species (including palm trees), which shall be guaranteed for a period of 180 days. During the guarantee period, any material found to be dead, missing, or in
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poor condition will be replaced by the Contractor within five (5) days of written notification. The City’s representative will be the sole judge as to the condition of the material. Replacement will be made in accordance with the plans. Material and lab or involved in replacing plant material will be provided by the Contract at no expense.
All header board locations to laid out for approval prior to installation of irrigation lines and re-marked prior to placement of rock, cobble or other material. Layout shall be approved by City and/or Landscape Architect prior to installation of irrigation and/or material.
C. Inspections.
Inspections ensure compliance with the drawings. The Contractor will contact the City’s representative at least 48 hours (two working days) in advance of each inspection. An inspection is required at each of the following steps including but not limited to:
a) Inspection of rough grade.
b) Acceptance of organic mulch and taking of soil samples. c) Inspection of soil amendment work.
d) Inspection of plants at nursery and upon delivery to the project site.
e) Layout of boulder walls and crushed rock areas before installation. f) Acceptance of boulder walls and crushed rock areas.
g) Irrigation pressure test prior to backfill of trench. h) Irrigation coverage test.
i) Irrigation main lines, valves, laterals, and wires before backfill or during irrigation installation.
j) Layout of planting prior to installation.
k) At the start of the establishment period.
l) At the end of the plant establishment period, after final acceptance prior to maintenance period of the project. Project acceptance will be confirmed in writing.
m) Completion of hardscape work.
The Contractor is required to notify the City of work activity to be inspected. Give at least 48 hours’ notice for all work. No work will proceed until the City has inspected and verbally approved the work activity.
D. Soil Testing.
Soil testing is required to determine fertility of soil and required nutrient needs. The Contractor must obtain an agronomic soils test for all
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planting areas after soil preparation work but before planting. Tests will be performed by City approved agronomic soil testing laboratory and will include a fertility and suitability analysis with written recommendations for soil amendments including post plant fertilization needs. Results should contain a comparison between the bid/proposed amendments and the actual amendments required per the soils test.
This comparison will be utilized for the evaluation of any proposed additional costs between the bi d amendments and the actual amendments required.
EC and SAR ratings shall be included.
The soil report recommendations will take precedence over the minimum recommended amendment. A copy of the soil’s report will be submitted to the City for approval.
Soil testing will be considered as included in other items of work and no additional payment will be made therefore.
E. EARTHWORK AND TOPSOIL PLACEMENT
1. General.
All grading, mounding and all weed control measures shall be completed prior to irrigation and planting. This work shall not commence until the agronomic soil test has been completed. Should 30 calendar days elapse between completion of soil preparation and commencement of planting, all areas will be prepared again.
Remove rocks, sticks, grass and other undesirable objects unsuitable to plants.
a. Fertilizers and Conditioning Procedures.
Fertilizers will be applied according to the manufacturer’s recommendation.
b. Finished Grading.
All landscape areas will be graded to finish grades, reestablishing flow lines as approved prior to amending the soil. Finish grades will be inspected upon completion. The contractor will not proceed with planting work until finish grades have been inspected and accepted by the City.
c. Weed Control Measures.
Apply a translocated herbicide and allow sufficient time to completely kill off all germinated weeds; herbicide to be reapplied as needed to completely eradicate all germinated weeds. Weed control shall be to
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the satisfaction of the City. Refer to plans.
F. PLANTING.
1. General.
All planting holes shall be pre-soaked and backfill shall be as recommended by the soil test report.
Plant locations with flags labeled with the designated
plant/shrub/tree type are to be approved by the City
representative.
Finish grade of crushed rock to be 1” below hardscape.
a. Tree and Shrub Planting.
The height of the trees will be measured according to ANSI Z60.1 standard.
Grade out planting area prior to planting shrubs. All shrubs will be planted similarly to the trees, in pre -moistened planting holes, roots loosened and soil gently compacted around the root ball.
Plant shrubs no closer than outside of the tree’s rootball. Immediately after planting, water plants.
Trees and shrubs in areas having crushed rock mulch shall be planted two inches (2”) high and decomposed granite will be installed in those areas the same day as planting. No decomposed granite / crushed rock is to be placed on or in the crown of trees or shrubs. Rake smooth these plant basins and cover root balls prior to final acceptance of 90 -day maintenance period.
b. Watering
It will be the Contractor’s responsibility to maintain a balanced watering program to ensure all plants and grass areas receive proper amounts of water, well below the root system of plants. It is the contractor’s responsibility to water (by hand if needed ) all plant material, already planted, and plants still in their containers. Any plant material that dies as a result of the contractor’s neglect shall be replaced by the contractor at no cost to the City. This includes any equipment needed, labor and materials.
G. IRRIGATION SYSTEM INSTALLATION.
1. General.
The drawings are essentially diagrammatic. Minor adjustments may be required due to differences between the site and drawings.
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Dig trenches and support pipe continuously on bottom of the ditch. Lay pipe to a level grade. Trenching excavation will follow layouts indicated on the drawings to the depth below finish grades as noted. Provide minimum cover of 24 inches for main pressure supply lines under pavement, 18 inches of cover if not under pavement, and 12 inches cover for all lateral lines.
Provide minimum cover of 18 inches, maximum 24 inches for control wires. Excavation in areas where there are tree roots 2 -inches in diameter and larger will be tunneled under and will be heavily wrapped with wet burlap to prevent scarring or dying.
New wiring will occupy the same trench and will be installed along the same route as the pressure supply lines and will be located below the supply lines wherever possible. Where more than one wire is placed in a trench, the wiring will be taped together at Intervals of 12 feet and labeled with numbers at each end of the wire.
Remote control wire will be direct-burial AWG-UF type, sized according to manufacturer specifications, and in no case smaller than 14 - gauge. Connections shall be either epoxy-sealed packet-type or Penn- Tite connectors. Common wires for valves shall be wh ite in color. Control wires shall be black and numbered. An extra numbered wire shall be installed from controller to each valve location and it shall be different (not white) in color.
An extra valve control wire will be installed for every six (6) remote control valves. Each extra control wire will be of a different color, extended to last valve, and be looped into each valve box. a. Irrigation Pipeline Installation.
Plastic Pipeline.
All threaded plastic-to-plastic connections will have Teflon tape applied to the male threads of connection prior to assembly. The number of wraps of Teflon tape shall be per manufacturer’s recommendations or per industry standards.
Connect all metal components to plastic pipe connections with a schedule 80 nipple, threaded one end, and a plastic slip coupling. Use Teflon tape on all male threads prior to assembly.
b. Sleeving
Sleeves shall include two conduits for water line, electrical and sprinkler control crossovers. Sizes of the conduits shall be as shown on the plans or as specified in the special provisions. The estimated quantity of conduit listed on the plan represents the total length of a unit run times
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two conduits. The length of each individual run is noted on the construction plan sheets.
Conduits shall be installed not less than 1.5 feet below the top of curb grade in sidewalk areas and not less than 24 inches below finished grade in all other areas measured to the top of the conduit. Conduits shall extend 5 feet beyond all paving and cur bs unless otherwise shown on the plans.
The bottom of the trench shall be graded and prepared to provide a firm and uniform bearing throughout the entire length of the conduit. During backfilling operations, the conduit shall be rigidly supported so that no movement of, or damage to, the conduit or joints will result.
Couplings for conduits shall be installed in conformance with the manufacturer's written instructions; a copy of which shall be furnished to the Inspector prior to installation
Conduits shall be schedule 40 PVC pipe. Couplings and fittings shall be as recommended by the pipe manufacturer. Nylon pull rope shall be placed in conduit for the full length of the conduit.
Each end of the irrigation sleeve shall be terminated, capped and a 1” by 24” iron pipe shall be embedded at the pipe end for future locating as noted in the plans.
Irrigation sleeves shall be measured and paid for at the contract unit price per Lineal Foot per each sleeve pair and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placing the irrigation sleeves and end markers per the plans and no additional compensation will be allowed therefore.
If new sleeving is required, install per plan.
c. Sprinkler Head Installation and Adjustment.
d. Location, Elevation, and Spacing
Drip emitters will be installed as designated on the drawings. Drip emitters will be placed 9”-12” up-slope from plants.
e. Automatic Control System Installation
H. Flushing and Testing.
1. General.
Irrigation design is based on available water pressure as indicated by IWA. The Contractor will verify working water pressure prior to
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construction. Should a discrepancy exist, notify the City prior to beginning Construction.
Connections to the installation of the water supply will be at the location shown on the drawings. Minor changes caused by actual site conditions will be made at no additional cost to the City. If the water meter and backflow unit is existing refer to Ir rigation plans. Contractor shall run mainline pipe to the as indicated on the plans.
Prior to installation of irrigation heads, the valves will be opened and full head of water used to flush out the lines and risers. Emitters shall not be installed until flushing the system has been completed. a. Pipeline Pressure Test.
The main line will be tested for no less than six (6) hours and hold a static pressure of 125 psi. Lateral lines will be tested for two (2) hours and hold a static pressure test of 100 psi.
I. Maintenance and Plant Establishment.
1. General.
The Contractor shall maintain all landscaped areas for a minimum plant establishment period of not less than ninety (90) days from the date of written acceptance of the project. The plant establishment period will not start until the project receives Final, Formal Acceptance by the City Council. Projects will not be segmented into phases or accepted in phases. Written acceptance from the Owner must be obtained to start the plant establishment period. If the project maintenance fails to continuously meet s tandards required, the plant establishment period will be suspended and will not re-commence until Contractor has corrected all deficiencies.
a. Maintenance Tasks.
During the contract period the Contractor shall maintain the planted areas which are within the work limits of the contract including, but not limited to weekly: 1) watering; weekly mowing; weeding; fertilizing and cultivating; and spraying to keep the pla nts in a healthy, growing condition and keeping the planted areas neat and attractive; 2) removing trash a minimum of once a week; 3) checking and repairing irrigation systems weekly; 4) pruning trees and shrubs planted under the contract only removing dea d, dying or broken branches; 5) removing wilted flowers ;6) pest and vermin control; 7) and all gravel and non-stabilized decomposed granite areas shall be raked weekly to the satisfaction of the City. Note: Do not prune trees or shrubs without first advising the City.
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b. Replacement Plantings.
After planting and during the plant establishment period in the event any plant should die, is missing, weak or displays the appearance of necrosis, the plant will be immediately removed and replaced at the Contractor’s expense. All replacements must occur within five (5) days of notice. At the end of the establishment period, all plants will be in a healthy, growing condition and located as indicated on the plan or as approved by the City.
c. Fertilizing.
For non-arid plant material, the Contractor will fertilize the plants one (1) month prior to the end of the establishment period. Follow manufacturer’s application rate guide and water into planting immediately after applying fertilizers. Arid plant mate rial will not be fertilized.
d. Weekly Reports.
The Contractor, as part of this contract, shall submit reports and schedules as requested. Failure to submit reports and schedules in the time specified may result in a Performance Deficiency Deduction. The City will supply the format for these forms. Such reports must be filled out in detail.
The following is a breakdown of required forms and schedules.
The contractor shall submit these reports as they are completed.
Weekly reports shall be filled out by Friday of every week. Payments due shall not be disbursed unless all reports have been submitted to the City.
e. Schedule of Weekly Maintenance.
a) Contractor shall provide a schedule of weekly maintenance identifying areas to be maintained and a breakdown of when each function shall be performed.
b) The City will assume that the Contractor will adhere to the schedule. The City must receive notification of changes at least 12 hours in advance.
f. Weekly Irrigation Inspection Report.
This will be turned in every Friday.
g. Weekly Activity Report.
Indicating the following:
a) Litter pickup
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b) Weed control
c) Chemical maintenance - herbicides and pesticide applications d) Incident/Accident
h. Landfill Diversion Report.
i. Fertilization.
j. Performance Deficiencies and Reduction in Payments Due.
The City has set up very specific criteria in which to evaluate the performance of the Contractor on a weekly basis. If performance by the Contractor is deficient, the City reserves the right to subtract costs from the monthly billing and/or hire another contractor to provide the service and deduct the expense from the contract retention. Since it is difficult to quantify and assess a value to every aspect of the work, the City shall implement a standard $100 cost per incident. The following describes deficiencies:
a) Lack of compliance (i.e., failure to adequately mow, edge, pick up litter, sweep/rake, weed, prune, remove dead plant material, etc.) b) Failure to provide specified reports or to falsify reports. c) Failure to supply adequate equipment, labor or supervision. d) Failure to repair irrigation deficiencies in the allotted time frame. e) Failure to comply with schedules. Variances may be approved by request. Delays in part acquisition or adverse weather conditions will be taken into consideration.
f) Failure to protect public health and safety.
The City reserves the right to cancel and/or assume
maintenance duties and remaining contract amounts shall be deducted from remaining fiscal commitment.
k. End of Establishment Period.
Approximately one week prior to the end of the establishment period, the City will conduct a walk-through of the area, noting deficiencies and problems to be resolved. The Contractor will be required to resolve all noted items. If the items cannot be resolved within the time remaining, the establishment period will be extended, without cost to the City, until the items are corrected.
J. PAYMENT
The contract paid price for Landscape shall be measured and paid for and shall include furnishing all labor, equipment, tools, transportation, and materials necessary for placement of landscaping per approved plans. The price of this item shall also include protecting electrical in
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place, exporting soil, grading, providing and installing trees, shrubs, and any incidentals for doing the work involved in constructing landscaping per City Standards and project plans.
The contract paid price for Irrigation shall be measured and paid for and shall include furnishing all labor, equipment, tools and materials necessary for construction of irrigation per approved plans. The price of this item shall also include protecting electrical in place, exporting soil, grading, providing and installing irrigation system, irrigation controller, permits, coordination with CVWD, and any incidentals for doing the work involved in constructing irrigation per City Standards and project plans.
The contract paid price for 90-Day Maintenance Period shall be measured and paid for and shall include furnishing all labor, equipment, tools and materials necessary for maintenance of constructed landscaping per approved plans. The price of this item shall also include any incidentals for doing the work involved in maintaining and establishing constructed landscaping as defined in the project plans.
K. CLEAN UP
Throughout all phases of construction, including suspension of work and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris.
The Contractor shall remove and dispose of all loose material and debris caused by construction operations from the construction site on a daily basis.
Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid.
Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned.
Failure of the Contractor to comply with the Engineer's clean up orders may result in an order to suspend work until the condition is corrected.
No additional compensation will be allowed as a result of such suspension.
Before final inspection of the work, the Contractor shall clean the right- of-way, private property, material sites, and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials,
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falsework, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition.
The full compensation for collecting and disposing of loose material and debris from the job site shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.
L. Repair of Defects: Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Con tractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non -conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services.
Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non -conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
M. CONTRACTOR’S LICENSURE AND REGISTRATION REQUIREMENTS:
1. In accordance with Section 3300 of the Public Contract Code, CONTRACTOR has a Class "C-27" license which shall be maintained in good standing for the duration of CONTRACTOR 's work on the Project.
Public works projects, as defined by Labor Code, shall be subject to compliance monitoring, reporting, and enforcement by the Department of Industrial Relations.
2. CONTRACTOR shall not enter into any contract without proof of the CONTRACTOR's current registration to perform public work under Labor Code section 1725.5. A contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1(§§1720 et
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seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work unless the Small Project Exemption is applicable.
3. Pursuant to Section 1771.1(a) of the Labor Code:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to s ubmit a bid that is authorized by Section 7029.1 of the Business and Professions Code or b y Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.
Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Nor may any contractor or subcontractor be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations unless an applicable exemption relieves them of that duty.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services.
In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement, and shall use such skill, prudence, and diligence as other members of Contractor’s profession
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commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 11. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Contractor represents and warrants that Contractor has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Contractor further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 12. PREVAILING WAGE LAWS.
All workers hired by Contractor, and all workers of subcontractors performing work for Contractor, must receive not less than the prevailing rate of per diem wages for work of a similar character in the locality in which City is located and be subject to the California prevailing wage laws, Labor Code Sec. 1720 et seq. The general rate of per diem wages for each craft, classification or type of worker are on file at the City’s offices. Statutory provisions for penalties for failure to pay prevailing wages and/or the State wage and hour laws will be enforced. Contractor shall comply with State requirements regarding the employment of apprentices. Eight hours’ labor constitutes a legal day’s work. Contractor must secure payment of Workers Compensation Insurance as required by Labor Code Sections 1860 and 3700.
A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for Riverside County. Wage rates shall conform with those posted at 100 Civic Center Drive, Indio CA, 92201, and the Project site.
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B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
C. RECORD AUDIT Contractor shall comply with State requirements relating to the retention, maintenance and inspection of certified payroll records. In accordance with Government Code, Section 8546. 7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
SECTION 13. NONDISCRIMINATION.
Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
SECTION 14. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 15. CONFLICTS OF INTEREST.
A. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be
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employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.
Contractor is unaware of any stated position of City relative to such projects.
Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. City understands and acknowledges that Contractor will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
D. Upon request of the City, Contractor shall complete a Levine Act Statement.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
A. All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor.
Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
C. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
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D. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 17. INDEMNIFICATION.
A. Indemnity, Defense And Hold Harmless . Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expr essly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop
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notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be re quired to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement bet ween the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.
B. Payment by CITY is not a condition precedent to enforcement of the indemnities in this section . In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of CITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for CITY's defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section shall survive completion of CONTRACTOR's services or the termination of this AGREEMENT.
C. Contractor shall assume risks. Until the completion and final acceptance by City of all work under this Contract, the work shall be under Contractor's responsibility, care, and charge, including any period of time work is suspended for any cause whatsoever. Contractor shall rebuild, r epair, restore, and make good all injuries, damages, re -erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the work, except as otherwise agreed. However, Contractor shall not be responsible for assuming responsibility for repairing or restoring damage caused by an Act of God as defined by Public Contract Code Sec. 7105 in excess of five (5%) percent of the total contract amount.
It is specifically contemplated t hat the City, its officers, employees, and invitees, will occupy and use portions of the work prior to final acceptance.
Such occupancy shall not relieve Contractor of responsibility provided
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herein nor exonerate any surety or insurer of Contractor save and except for items of routine maintenance and repair.
D. General Liability of Contractor . Except as otherwise herein expressly agreed, Contractor shall do all the work and furnish all the labor, materials, tools, power and light, and appliances, necessary or proper for performing and completing the work herein required in the manner within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be for the purpose of explanation.
E. Claims. This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR as serts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.
SECTION 18. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor shall provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written
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consent of the City , which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
If in the performance of its duties Contractor utilizes subcontractors or subcontractors, Contractor covenants that subcontracts, if any, shall contain a provision making subcontractors or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Contractor acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor or subcontractor for purposes of establishing a duty of care between any subcontractor or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors / subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors / subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT.
A. TERMINATION FOR BREACH OF CONTRACT.
In the event that such notice is given, and, in the event such situation is not corrected, or satisfactory arrangement for correction is not made within ten (10) calendar days from the date of such notice, the Contract shall upon expiration of said ten (10) calendar days cease and terminate. In the event of any such termination, City shall immediately serve notice thereof upon the Surety and Contractor; and the Surety shall have the right to take over and perform the Contract, provided, however, that if th e Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of notice of termination, City may take over the work and prosecute the same to completion by Contract, or otherwise, for the account and at the expense of Contractor, and his Surety shall be liable to City for any excess cost occasioned City thereby, as hereinafter set forth.
In the event City completes the work, or causes the work to be completed, as aforesaid, no payment of any sum shall be made to Contractor until the work
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is complete. The cost of completing the work, including but not limited to, extra contract costs, the costs of City forces, extra costs of administration and management incurred by City, either direct or indirect, shall be deducted from any sum then due, or which becomes due, to Contractor from City. If no sum sufficient to pay the difference between sums due to Contractor and the cost of completing the work, and there is a sum remaining due to Contractor after City deducts the aforementioned costs of completing the work, then City shall thereupon pay such sum to Contractor and his Surety.
No act by City before the work is finally accepted, including but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, claims of liquidated damages, occupation or acceptance of any part of the work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach by Contractor shall be construed to be a waiver, or to estop, City from acting pursuant to this paragraph upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of City pursuant to this paragraph are cumulative and in addition to all other rights of City pursuant to this Agreement and at law or in equity.
If Contractor should abandon the work under this Contract, or if the Contract or any portion of the Contract should be sublet or assigned without the consent of the City Council, or if the City Engineer should be of the opinion that the conditions of the C ontract in respect to the rate of progress of the work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor should willfully violate or breach, or fail to execute in good faith, any of the terms or conditions of the Contract, or if Contractor should persistently refuse or fail to supply enough properly skilled labor or materials, or fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances, or proper instruction or order s of the Engineer, then, notwithstanding any provision to the contrary herein, the City Council may give Contractor and his Surety written notification to immediately correct the situation or the Contract shall be terminated.
B. Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
C. Upon written notice, City may suspend all or any portion of Contractor’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to
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Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement.
Contractor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension un less otherwise agreed to in writing by the Parties.
D. Termination for Convenience. City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress.
E. In addition to any other rights it may have, City may terminate this Contract at any time after the Completion Date as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination Contractor shall not be entitl ed to receive any compensation for services rendered by him before or after such termination, and he shall be liable to City for liquidated damages for all periods of time beyond such termination date until the work is completed.
F. Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 22. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period o f default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement
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under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 23. CLAYTON AND CARTWRIGHT ACTS.
CONTRACTOR and any and all subcontractors offer and agree to assign to the CITY all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profession Code) arising from purchases of goods, services or materials pursuant to the public works contract or any subcontract.
SECTION 24. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 25. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Contractor: Vintage Associates
78755 Darby Rd.
Bermuda Dunes, CA 92203
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 26. RECORD AUDIT.
In accordance with Government Code section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit by the California State Auditor for a period of three (3) years after final payment.
SECTION 27. FINAL PAYMENT.
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by Agency to Contractor no sooner than thirty -five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final certificate for payment has been issued by the Construction Manager.
SECTION 28. CONTRACTOR’S FAILURE TO PROCURE COMPLETION OF PROJECT.
In the event Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the Contractor for a pe riod of three (3) calendar days after receipt of written demand from Agency or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute its work and all parts thereof in a diligent and workmanlike manner, then the Agency may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the Agency to another contractor or by a combin ation of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the Agency, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from Agency, or Contractor shall pay Agency the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the Agency.
SECTION 29. AUTHORITY TO EXECUTE.
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The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder. Should signatory of this Agreement be unauthorized to bind Contractor, such signor shall be personally liable for the obligations set forth in this Agreement.
SECTION 30. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.
SECTION 31. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 32. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 33. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
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SECTION 34. LAW TO GOVERN.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 35. LIQUIDATED DAMAGES.
Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Project Schedule, it is understood, acknowledged, and agreed Agency will suffer damage. It is therefore agreed that Contractor shall pay to Agency the sum of One-thousand ($1,000.00) for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Project activity.
Contractor expressly understands, acknowledges, and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule. If the Agency accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, Contractor further agrees that Agency may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the Agency’s ability to seek other damages.
Contractor is to refer to Project Schedule for duration of individual activities.
Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Schedule, unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.
SECTION 37. SUBSURFACE HAZARDOUS MATERIALS.
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify Agency in writing of any:
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1. Material that Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Agreement.
B. Upon receipt of said notification, Agency will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the Project, the Agency will issue a change order under the procedures described in the General Conditions.
C. In the event a dispute arises between the Agency and the Contractor whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the Contractor's cost of or time required for performance of any part of the Project, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
SECTION 38. BONDS; SECURITY.
Contractor shall furnish security in a form approved by the City Engineer to guarantee faithful performance of the Contract and to secure payment of claims of laborers, mechanics, materialmen and other persons. Such security may be in the form the form set out in the Notice of Bids or other Contract Specification, which bonds are incorporated into this Agreement.
SECTION 39. CORPORATION IN GOOD STANDING.
If Contractor is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that [ Name] whose title is [ Title], is authorized to act for and bind the corporation.
SECTION 40. CONTRACTOR’S LICENSE.
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Contractor must possess at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing. Contractor shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.
SECTION 41. COMPLIANCE WITH STATUTES AND REGULATIONS.
Contractor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.
SECTION 42. PROVISIONS REQUIRED BY LAW.
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.
SECTION 43. TIME OF ESSENCE.
Time is of the essence for each and every provision of this Agreement.
SECTION 44. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or un derstandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
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SECTION 45. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 46. FEDERAL FUNDS.
In the event the Services are funded either in whole or in part by a federal grant, Contractor shall comply with the requirements of Addendum “2” “Federal Funds.”
[Signature page to follow]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF INDIO
_______________________ OR ________________________
Mayor City Manager
ATTEST:
CITY CLERK
By: ___________________________
Sabdi Sanchez, MMC
Director of City Clerk Services
APPROVED AS TO FORM:
CITY ATTORNEY
By: ___________________________
Steven Graham Pacifico
City Attorney
CONTRACTOR:
By:
Its: [TITLE]
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Exhibit A – Scope of Services
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EXHIBIT “A”
SCOPE OF SERVICES
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Exhibit B – Compensation
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EXHIBIT “B”
COMPENSATION
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PROPOSAL AND CONTRACT
Landscape Installation
Vintage Associates DBA Vintage Outdoors, Vintage Nursery, Vintage Landscape P.O. Box 5250 • La Quinta, CA 92248 • (760) 772-3673 • Fax (760) 772-3674 • License #647984 Project Manager: Brent Fries
Vintage Associates, Inc.
P.O. Box 5250
La Quinta, CA 92248
Phone (760) 772-3673 Fax (760) 772-3674
Job Name:
Ave 42 Median Landscape Installation June 5th, 2025
Estimated Start Date: 4-6 weeks after signing contract date Estimated Completion Date: 3 weeks after start date Terms and Conditions
1. Warranty: Contractor warrants plant material for a period of 180 days from the date of completion, excluding plant m aterial that died due t
o negligence, misuse, or abuse. Contract further warrants for a period of one year from the date of completion, all installation workmanship to landscape
, irrigation, lighting, and artificial grass excluding damages due to negligence, misuse, or abuse.
2. Payment: Owner/Agent agrees to payment terms of 10% down payment p rior to estimated start date, 40% progress payment upon work commencement, balance upon completion and approval of work. All sums not paid when due shall bear an interest rate of 1.5% per month or the maximum
legal rate permitted by law whichever is less; and all costs of collection, including a reasonable attorney’s fee, shall be paid by the Owner/Agent.
Any deviation in payment terms must be presented in writing and approved prior to commencing work.
3. Disputes
: Any controversy arising from this Agreement, or its breach shall be determined by Arbitration per Code of Civil Procedure unde r Sections 1280 through 1294.2.
4. Conditions
: Approval signatures, lien information, and complete contact information is required before work can commence. Changes to scope and associated charges will be presented to the client in writing for approval before proceeding.
5. Cancellation
: Either party may cancel this contract in writing for non-p ayment or non-performance.
6. Notice to Owner: Careful consideration should be given to this contract before signing. This contract will be enforced and protected by the California Mechanics’
Lien Laws. You are entitled to a filled-out copy of this agreement, signed by both parties, before any work may commence.
7. This
proposal expires after 30 days from the date on this proposal.
City of Indio
Attn: Tim Wassil
[email protected]
(760) 391-4069
Scope of Work:
Provide and Install new Irrigation, Date Palms, Plants, and Ground Cover in the Ave 42 Median, Including:
Palms - (12) ea. Date Palms 17ft Height ($30,665.00)
Shrubs - (150) ea. 5 gallon (Ixora, Little Ollie, Red Yucca) - ($5,040.00) Desert Accents - (92) ea. 5 gallon (Golden Barrel Cactus, Agave Parryi, Agave Americana) - ($3,745.00) Mulch - 70 Cubic Yards of Brown Cover Mulch - ($3,840.00) Cobble - 45 tons Copper Canyon Crushed Rock 3/4" - ($4,440.00) Cobble - 32 tons Copper Canyon Cobble 4-8" - ($3,155.00) Boulders - 24 ea. Apache Sunset Boulders 2-3ft - ($2,960.00) Irrigation Material (Valves, Pipe, Fittings, Controller and Pedestal, etc.) - ($10,375.00) Concrete Mow Curbing - ($1,550.00)
Traffic Control - ($3,045.00)
Equipment Rental - ($3,700.00)
Labor (Prevailing Wage Rates) - ($47,620.00)
90 Day Maintenance - ($2,360.00)
Bonding - ($3,450.00) Total - $125,945.00
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PROPOSAL AND CONTRACT
Landscape Installation
Vintage Associates DBA Vintage Outdoors, Vintage Nursery, Vintage Landscape P.O. Box 5250 • La Quinta, CA 92248 • (760) 772-3673 • Fax (760) 772-3674 • License #647984 All of the above wor
k to be completed in a professional and workmanlike manner according to standard practices for the sum of as built final. You may cancel this contract within three (3) business days from the above date. Any costs incurred by the Contractor within said three (3) days, will be deducted from any refund due Owner . _____________________________________
________ _____________________________________________
OWNER/AGENT SIGNAT
URE Brent Fries, Enhancement Manager
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ATTACHMENT C - INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage id entified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to Agency.
Without limiting Contractor’s indemnification of Agency and/or the Indemnified Parties and prior to commencement of the Project, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of t he type and amounts described below and in a form satisfactory to Agency.
General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG0001, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injur y, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Umbrella or excess liability insurance. [If required to meet higher limits].
Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”;
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• Concurrency of effective dates with primary policies.
Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Lab or Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Contractor’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.
Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Builder’s risk (course of construction). Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder’s risk (course of construction) coverage for the entire duration of the Project until only the Agency has an insurable interest. The builder’s risk coverage shall include the following:
The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder’s risk policy sha ll be made
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payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss fr om faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipmen t, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier o r receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area.
Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.
Installation floater. If required by the Agency or not covered by builders’ risk (course of construction) coverage, Contractor shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by Contractor. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off -site or while in t ransit. Coverage must include property of others in the Contractor’s care, custody, or control. In addition to Contractor, the Agency and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.
Other provisions or requirements.
Proof of insurance . Contractor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of perfo rmance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required in surance policies, at any time and Contractor agrees to provide the same.
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Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, subcontractors or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. Agency and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbr ella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.
Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion.
Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Agency, its officials, officers, agents, and employees, shall be included as additional insureds under the products and completed operations coverage.
Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency wil l be promptly reimbursed by Contractor or Agency will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Agency may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
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Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency and shall require similar written express waive rs and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and cover age shall be available to the Agency.
Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the Agency immediately in the event of Contractor’s failure to renew any of the required insur ance coverages, or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
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Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability . The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the Project by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements r equired of Contractor under this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Howev er, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency in writing, Contractor may still be able to utilize the subcontractor provided Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent wit h the Contractor’s requirements under this Agreement. This provision does not relieve the Contractor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This prov ision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this Agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.
Agency’s right to revise requirements. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90) -day advance written notice of such change. If such change results in substantial addition al cost to the Contractor, the Agency and Contractor may renegotiate Contractor’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigati ons, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
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Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project.
1. MINIMUM LIMITS OF INSURANCE.
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LABOR AND MATERIALS BOND
Whereas, the City Council of the City of Indio, State of California, and _____________________________________(hereinafter designated as “the Principal”) have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, which agreement, dated ________________________, 20 24, and identified as project ____, is hereby referred to and made a part hereof; and
Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Indio (“City”) to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, the Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of ___________________________________dollars ($__________________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by county (or city) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 2025.
_______________________ _____________________
Principal Surety
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Addendum 3 – Bonds
Page | 2
PERFORMANCE BOND
Whereas, the City Council of the City of Indio, State of California, and ____ ___________________________________(hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated ____, 202 5 and identified as ________________ is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of such agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the Principal and ______________________, as surety, are held and firmly bound unto the City of Inio hereinafter called (“City”), in the penal sum of ________________________________________dollars
($__________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnif y and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on ________________ 2025.
__________________ ___________________
Principal Surety
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SITE MAP AVENUE 42 MEDIAN
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City Council
June 18, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Lighting and Landscape for 10498 10496, 10497, Nos. Resolution and Districts Numbers 01-22, 24-29, and 31-54 proceedings relative to levying annual assessments for Fiscal Year 2025/26 and setting the public hearing for July 16, 2025
RECOMMENDATION:
Adopt Resolutions Nos. 10496, 10497, and 10498 (1) initiating proceedings for the Landscape and Lighting Districts Numbers 01-22, 24-29, and 31-54, (2) approving the Preliminary Engineer’s Report for District Numbers 01-22, 24-29, and 31-54, and (3) declaring the City’s intention to levy and collect assessments and setting Wednesday, July 16, 2025 at 5:00 p.m. as the time a public hearing will be conducted in the City Council Chamber.
SUMMARY:
Pursuant to provisions of the Landscaping and Lighting Act of 1972, the City Council has previously approved Resolutions levying annual assessments for the City of Indio consolidated Landscape and Lighting District (consolidated district). There are fifty-two districts within the consolidated district.
BACKGROUND INFORMATION:
The original Landscape and Lighting districts were formed to finance landscape maintenance and appurtenant improvements that benefit specific properties. Since the formation of the original districts, the City Council has annually reviewed and approved annual assessments based on the Engineer’s Annual Levy Report.
In order to continue the lighting of streets and maintenance of parkways at current service levels, it is necessary to initiate the proceedings of levying the annual assessments under the Landscaping and Lighting Act of 1972.
The first step in the process requires the City Council to adopt the Resolution initiating proceedings and ordering the preparation of a report. The next step is for the City Council to adopt a Resolution approving the Preliminary Engineer’s Report. Finally, the City Council must adopt the Resolution declaring the City’s intent to levy the annual Landscape and Lighting Districts’ (LLD’s) assessments and giving the public notice, a fixed time and place, to conduct a public hearing regarding the proposed assessments, which is July 16, 2025 at 5:00 p.m.
AGENDA ITEM #8.19
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PROCESS TIMELINE
June 18, 2025 Adopt three (3) Resolutions to authorize preparation, approving the Preliminary Engineer’s Report and adopt a Resolution for Intent of Public Hearing
July 16, 2025 Public Hearing
August 8, 2025 Assessments filed with the County Assessor
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$59,708 In current year budget: Yes
Current FY General
Fund Impact:
$59,708 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Landscape Maintenance District Fund-Org-Object Reference:
240-2400001 to 240-
2400052
Additional Financial Details:
For Fiscal Year 2025/26, the City’s 52 Landscape and Lighting Districts (LLDs) are expected to generate a total of $1,878,177 in revenue, as outlined in the Engineer’s Report prepared by the City’s consultant, Willdan Financial Services. The total projected expenditures associated with the operation and maintenance of these districts are estimated at $1,806,217. Of the 52 districts, 38 are expected to capital of range a support years apply prior from balances carryover to fiscal improvement projects. In contrast, 14 districts are projected to incur costs that exceed the maximum allowable assessment levels, thereby necessitating a supplemental contribution from the City’s General Fund in the amount of $59,708 to fully fund required services.
It is important to emphasize that all revenue collected within each individual district is legally restricted for use exclusively within the boundaries of that district. Excess funds, when available, are carried over to finance larger-scale projects within each respective district. Furthermore, each district bears a proportionate share of common administrative and overhead expenses, including those related to the preparation of the annual LLD report, engineering and technical services, data processing, mileage reimbursements, and map duplication.
The following districts will require a General Fund contribution in order to maintain the district:
Sundance LLD #01, Jackson Park Zone LLD #04, Sun Park West (Palmwood) LLD #07, Indio Center Plaza LLD #13, Villa Pacific LLD #15, Zalay Ranch LLD #16, Palm Meadows LLD #19, Riverbend LLD #22, Summer Place LLD #27, Cheyenne Ranch LLD #29, Corta Bella LLD #35, Desert Trace LLD #50, Monroe Street and Avenue 42 LLD #53, and the County Law Building LLD #54. When a district lacks the financial capacity to fund its required level of service, and the maximum assessment has been reached, the City is obligated to cover the shortfall through the General Fund, subject to City Council approval.
The cost associated with this action is estimated at $59,708 and is incorporated into the City’s Fiscal Year 2025/26 budget. The approved assessment rates in these 14 districts have not kept pace with the rising costs of providing maintenance and services.
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In 1999, the City conducted Proposition 218 protest ballot proceedings for Districts 02, 03, 04, 05, 07, 08, 09, 12, 13, 14, 15, 17, 18, 20, 21, 22, 24, 25, 26, and 27, seeking property owner approval for annual increases to the maximum assessment rates. At the conclusion of the public hearing held on August 4, 1999, ballots were tabulated to determine whether a majority protest existed. Only four districts did not receive a majority protest, meaning the majority of property owners in the remaining districts declined the proposed increases.
The General Fund contribution amounts by district for Fiscal Year 2025/26, as compared to the prior year, are detailed in the table below:
District General Fund Contribution for Prior
Year
General Fund Contribution for FY
2025/26
Sundance LLD #01 $15,756 $1,699
Jackson Park LLD #04 3,756 51
Whispering Palms #06 1,907 0
Sun Park West (Palmwood) LLD #07 3,224 7,556
Liberty Village / Desert Song #10 6,686 0
Santa Fe Homes #11 34,899 0
Indio Center Plaza LLD #13 1,077 4,615
Villa Pacific LLD #15 2,703 9,850
Zalay Ranch #16 2,643 3,914
Palm Meadows LLD #19 3,865 5,177
Riverbend LLD #22 1,364 5,790
Summer Place LLD#27 1,377 4,449
Cheyenne Ranch #29 1,709 1,536
Madison Ranch #34 10,375 0
Corta Bella LLD #35 1,531 4,736
Bella Vida #36 10,084 0
Las Brisas North #37 12,499 0
Shadow Hills #40 18,062 0
Sunburst #41 3,051 0
Desert Trace LLD #50 1,958 1,432
Monroe St and Ave 42 #53 12,295 8,099
County Law Building #54 0 804
Total $150,823 $59,708
In order to raise the assessment rates in any of the districts listed above, the City would be required to initiate a new Proposition 218 process, which involves mailing ballots to the affected property owners. A majority protest would be deemed to exist if more than 50% of the weighted ballots oppose the increase.
Given that the cost of providing services continues to exceed the revenues generated under current assessment rates, staff recommend a General Fund contribution for Fiscal Year 2025/26 to maintain adequate service levels in the affected districts.
ATTACHMENTS:
Attachment 1 - FY 25-26 Indio Preliminary Engineer's Report Attachment 2 - Resoultion No. 10496 - Initiating Proceedings Attachment 3 - Resolution No. 10497 - Preliminary Engineering Report
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Attachment 5 - Preliminary Roll FY 25-26
APPROVAL(S):
Juan Raya, City Engineer Approved - 10 Jun 2025
Timothy Wassil, Public Works Director Approved - 10 Jun 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 11 Jun 2025 Ruby D. Walla, Director of Finance Approved - 11 Jun 2025 Bryan H. Montgomery, City Manager Approved - 11 Jun 2025
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Preliminary Engineers Report for
Fiscal Year 2025/26
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Landscape and Lighting Districts
(01-22, 24-29, 31-54)
2025/2026 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: June 18, 2025
Public Hearing: July 16, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com
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ENGINEER'S REPORT AFFIDAVIT
Indio Landscaping and Lighting Districts
(01 through 22, 24 through 29, 31 through 54)
City of Indio
Riverside County, State of California
This Report describes the District and defines improvements, budget and relevant zones therein and the parcels to be levied for Fiscal Year 2025/2026 as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2025.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Indio
By: ________________________________
Susana Hernandez
Senior Project Manager, District Administration Services
By: ________________________________
Tyrone Peter
PE # C 81888
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TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 3
II. BENEFIT ANALYSIS 5
A. GENERAL DESCRIPTION OF THE IMPROVEMENTS AND BENEFITS 5 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 6
C. CONSOLIDATED DISTRICT INFORMATION 7
D. CHANGES TO THE DISTRICTS 9
III. DISTRICT SPECIFICATIONS 11
A. GENERAL DESCRIPTION OF THE WORK TO BE PERFORMED 11
B. DESCRIPTION OF THE BOUNDARIES AND IMPROVEMENTS 11
DISTRICT #01 — SUNDANCE 11
DISTRICT #03 — PARK PASEO 13
DISTRICT #04 — JACKSON PARK 13
DISTRICT #05 — DAYBREAK/PACESETTER HOMES 14
DISTRICT #06 — WHISPERING PALMS 14
DISTRICT #07 — SUN PARK 15
DISTRICT #08 — LUMBERMEN’S PARK 16
DISTRICT #09 — PAN AMERICAN 16
DISTRICT #10 — LIBERTY VILLAGE/DESERT SONG 17
DISTRICT #11 — SANTA FE HOMES 17
DISTRICT #12 — PARK MADISON 17
DISTRICT #13 — INDIO CENTER PLAZA 18
DISTRICT #14 — WILDFLOWER 18
DISTRICT #15 — VILLA PACIFIC 18
DISTRICT #16 — ZALAY RANCH 19
DISTRICT #17 — HIGHWAY 111 19
DISTRICT #18 — ENCANTO HOMES 20
DISTRICT #19 — PALM MEADOWS 20
DISTRICT #20 — EL CID 20
DISTRICT #21 — SANTA ROSA 21
DISTRICT #22 — RIVERBEND 21
DISTRICT #24 — CALIFORNIA PALMS 22
DISTRICT #25 — VERANDAS 22
DISTRICT #26 — RINCON HOMES 22
DISTRICT #27 — SUMMER PLACE 23
DISTRICT #28 — CALIFORNIA PALMS II 23
DISTRICT #29 — CHEYENNE RANCH 23
DISTRICT #31 — WARING PALMS 24
DISTRICT #32 — MONTEGO DUNES 24
DISTRICT #33 — VILLA ESTATES 24
DISTRICT #34 — MADISON RANCH 24
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DISTRICT #35 — CORTA BELLA 25
DISTRICT #36 — BELLA VIDA 25
DISTRICT #37 — LAS BRISAS NORTH 25
DISTRICT #38 — ENCANTO COLLECTION AT VILLA MONTEGO 25
DISTRICT #39 — MONTICELLO II AT HERITAGE PALMS 26
DISTRICT #40 — SHADOW HILLS 26
DISTRICT #41 — SUNBURST 26
DISTRICT #43 — WHITTIER RANCH 27
DISTRICT #44 — PALAZZO 27
DISTRICT #45 — SHADOW HILLS BUSINESS PARK 27
DISTRICT #46 — BELLA TIERRA 27
DISTRICT #47— RANCHO VERDE 28
DISTRICT #48— HACIENDAS/PATTON PARK 28
DISTRICT #49— AVENUE 42/JACKSON STREET 28
DISTRICT #50— DESERT TRACE 29
DISTRICT #51— DESERT MEADOWS 30
DISTRICT #52— LAS COLINAS 31
DISTRICT #53— MONROE STREET AND AVENUE 42 31
IV. METHOD OF APPORTIONMENT 33
A. GENERAL 33
B. ASSESSMENT METHODOLOGY 33
C. ASSESSMENT RANGE FORMULA 35
V. CONSOLIDATED DISTRICT BUDGET 37
APPENDIX A – DISTRICT BOUNDARY/ ASSESSMENT DIAGRAM 53
APPENDIX B – 2025/2026 ASSESSMENT ROLL 53
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 1 of 51 I. OVERVIEW
A. INTRODUCTION
The City of Indio (“City”) annually levies and collects special assessments in order to provide and maintain the improvements within the Landscaping and Lighting Maintenance District (“Consolidated District”). There are fifty-two (52) separate districts (“District”) within the Consolidated District. Each District contained within this Engineer’s Annual Levy Report (“Report”) was formed pursuant to conditions of development prior to final tract map approval, to provide and continue the operation, maintenance and servicing of public improvements installed as part of the development that are associated with and benefit the properties within the respective Districts. Each District was formed and is levied annual assessments pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). The Districts are designated below (District #23 was contemplated but never formed by the City).
District No. District Name
District #01 Sundance
District #02 Sun Tree Ranch
District #03 Park Paseo
District #04 Jackson Park Zone
District #05 Daybreak/ Pacesetter Homes
District #06 Whispering Palms
District #07 Sun Park
District #08 Lumberman’s Park
District #09 Pan American
District #10 Liberty Village / Desert Song
District #11 Santa Fe Homes
District #12 Park Madison
District #13 Indio Center Plaza
District #14 Wildflower
District #15 Villa Pacific
District #16 Zalay Ranch
District #17 Highway 111
District #18 Encanto Homes
District #19 Palm Meadows
District #20 El Cid
District #21 Santa Rosa
District #22 Riverbend
District #24 California Palms
District #25 Verandas
District #26 Rincon Homes
District #27 Summer Place
District #28 California Palms II
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 2 of 51 District No. District Name
District #29 Cheyenne Ranch
District #31 Waring Palms
District #32 Montego Dunes
District #33 Villa Estates
District #34 Madison Ranch
District #35 Corta Bella
District #36 Bella Vida
District #37 Las Brisas North
District #38 Encanto Collection At Villa Montego
District #39 Monticello II At Heritage Palms
District #40 Shadow Hills
District #41 Sunburst
District #42 Quails Gate Estates
District #43 Whittier Ranch
District #44 Palazzo
District #45 Shadow Hills Bus. Park
District #46 Bella Tierra
District #47 Rancho Verde
District #48 Haciendas/ Patton Park
District #49 Ave 42/ Jackson Street
District #50 Desert Trace
District #51 Desert Meadows
District #52 Las Colinas
District #53 Monroe Street and Avenue 42
District #54 County Law Building
This Report describes the boundaries, the improvements, the annual budgets and the proposed assessments for each of the Districts for Fiscal Year 2025/2026 in accordance with Chapter 1, Article 4; beginning with Section 22565 of the 1972 Act. In an effort to reduce administrative costs, the Report required by the 1972 Act for each District has been incorporated into this single Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessment Number (Assessor’s Parcel Number — “APN”) by the Riverside County (“County”) Assessor’s Office. The County Auditor/Controller uses Assessment Numbers and specific District Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments. The various improvements within the Districts and the cost to provide those improvements are identified and budgeted independently. Each parcel within a District is assessed proportionately for only those improvements provided in that District from which the parcel receives special benefit.
At a noticed annual Public Hearing, the City Council shall consider public comments and written protests presented. Upon conclusion of the Public Hearing, the City Council will direct any necessary modifications to the Report and by resolution approve the Report, including the assessment diagram and proposed assessments, as submitted or amended.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 3 of 51 Pursuant to Section 22631 of the 1972 Act, adoption of such a resolution will constitute the order for the levy and collection of the assessments for the fiscal year. The assessment rates and method of assessment (“method of apportionment”) described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the Districts for Fiscal Year 2025/2026. The assessments as approved will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel for the fiscal year.
If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rates approved by the City Council.
B. COMPLIANCE WITH CURRENT LEGISLATION
The Districts have been formed pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code. Assessments approved by the City Council shall be prepared in accordance with the 1972 Act and in compliance the provisions of the California Constitutional Article XIIID (“Article XIIID”).
Pursuant to the Section 5 of Article XIIID, certain assessments existing on July 1, 1997 (“existing assessments”) are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the assessments are increased. Specifically, the City determined that i) improvements financed by the Districts are for the maintenance and operation expenses for sidewalks and streets; and ii) the annual assessments originally established for each District were part of the conditions of property development and approved by the original property owner (developer). As such, the property owners approved the existing District assessments at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore, pursuant to Article XIIID Sections 5(a) and 5(b), the existing assessment rates for the Districts are exempt from the procedural requirements of Article XIIID Section 4.
In compliance with the substantive and procedural requirements of the Article XIIID, in Fiscal Year 1999/2000 the City initiated and conducted property owner protest ballot proceedings for Districts 02, 03, 04, 05, 07, 08, 09, 12, 13, 14, 15, 17, 18, 20, 21, 22, 24, 25, 26, and 27 of the Consolidated District contained in this Report. The ballot proceedings were to obtain property owner approval for an annual increase to maximum assessment rates for the Districts. At the conclusion of the Public Hearing on August 4, 1999, the property owner ballots returned were tabulated to determine if majority protest existed.
The tabulation of the ballots indicated that majority protest did not exist in four of the Districts balloted. The property owners within these four Districts approved the special benefit assessment increase presented and an assessment range formula that provides a three percent annual increase to the maximum assessment approved.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 4 of 51 The four Districts that approved an assessment increase and inflationary adjustment are identified as:
District No. District Name
District #08 Lumbermen’s Business Park
District #17 Highway 111
District #25 Veranda
District #26 Rincon Homes.
In Fiscal Year 2000/2001, the City initiated and conducted property owner protest ballot proceedings for 02, 03, 04, 05, 07, 09, 12, 13, 14, 15, 18, 20, 21, 22, 24, and 27 of the Landscaping and Lighting Districts contained in this Report in compliance with the substantive and procedural requirements of Article XIIID. The ballot proceedings were to obtain property owner approval for an annual increase to maximum assessment rates for the Districts. At the conclusion of the Public Hearing on August 2, 2000, the property owner ballots returned were tabulated to determine if majority protest existed. The tabulation of the ballots indicated that majority protest did not exist in seven of the Districts balloted.
The property owners within these seven Districts approved the special benefit assessment increase presented and an assessment range formula that provides a three percent annual increase to the maximum assessment approved.
The seven Districts that approved an assessment increase and inflationary adjustment are:
District No. District Name
District #03 Park Paseo
District #09 Pan American
District #12 Park Madison
District #14 Wildflower
District #18 Encanto Homes
District #21 Santa Rosa
District #24 California Palms
In Fiscal Year 2003/2004, the City formed and conducted property owner protest ballot proceedings for Districts 31 through 39. In Fiscal Year 2004/2005, the City formed and conducted property owner protest ballot proceedings for Districts 40 through 44. In Fiscal Year 2005/2006, the City formed and conducted property owner protest ballot proceedings for Districts 45 through 47. In Fiscal Year 2007/2008, the City formed and conducted property owner protest ballot proceedings for District 48. In Fiscal Year 2008/2009, the City formed and conducted property owner protest ballot proceedings for Districts 49 and
50. At the conclusion of the Public Hearings, the property owner ballots returned were tabulated to determine if majority protest existed. The tabulation of the ballots indicated that majority protest did not exist in the Districts balloted. Districts 31 through 50 represent the Districts formed by the City in compliance with the substantive and procedural requirements of the Article XIIID.
The district assessments in Districts 31 through 50 which were approved by property owner balloting proceedings included the approval of maximum assessment rates and an
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 5 of 51 assessment range formula that allow for annual inflationary increases of three percent (3%) to the maximum assessment rates each fiscal year.
In Fiscal Year 2012/2013, the City conducted property owner protest ballot proceedings to increase the assessment as well as incorporate an assessment range formula for Districts 30. At the conclusion of the Public Hearing, the property owner ballots returned were tabulated to determine if majority protest existed. The tabulation of the ballots indicated that majority protest did exist and therefore the assessment range formula and assessment increase were not adopted. In Fiscal Year 2013/2014 the City decided to dissolve District No. 30 and let Heritage Palms CC/HOA take over the maintenance.
In Fiscal Year 2013/2014, the City formed and conducted property owner protest ballot proceedings with an assessment range formula to allow for annual inflationary increases of three percent (3%) to the maximum assessment rates each fiscal year for District 51.
The tabulation of the ballots indicated that majority protest did not exist.
District 52 was previously Zone 46 in the Landscaping and Lighting Maintenance District No. 89-1 Consolidated of the County of Riverside. The City, as of Fiscal Year 2015/2016, took over the maintenance of the parcels within this district and incorporated it into the City of Indio Landscape and Lighting District as District No. 52.
In Fiscal Year 2013/2014, the City formed and conducted property owner protest ballot proceedings with an assessment range formula to allow for annual inflationary increases of three percent (3%) to the maximum assessment rates each fiscal year for District 53.
The tabulation of the ballots indicated that majority protest did not exist.
District 54 was previously part of the Landscape and Lighting Maintenance District No 89- 1 Consolidated of the County of Riverside. The City, as of Fiscal Year 2016/17, took over the maintenance of the one parcel within this district and therefore has incorporated it into the City of Indio Landscape and Lighting District as District No. 54.
The proposed District assessments for any fiscal year may be increased over the previous fiscal year assessment provided the assessment rate does not exceed the maximum assessment rate adopted and approved by the property owners. Pursuant to the provisions of Article XIIID, new or increased assessments (the incremental increase) are subject to both the substantive and procedural requirements of Article XIIID Section 4, including a mailed property owner notice and protest ballot proceeding.
II. BENEFIT ANALYSIS
A. GENERAL DESCRIPTION OF THE IMPROVEMENTS AND BENEFITS The City annually levies and collects special benefit assessments in order to maintain and service the improvements within the Consolidated District. Each District provides for specific improvements and services that may include the maintenance and operation of landscaping and associated appurtenances located within the public right-of-ways and dedicated easements in each of the Districts.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 6 of 51 Improvements within each of the Districts and the properties associated with those improvements have been reviewed for benefit. Because each of the improvements maintained within the various Districts are local in nature and were originally installed as part of the development of properties assessed, it has been determined that there is no measurable general benefit to properties outside the Districts or to the public at large. In making this determination it should be noted that similar improvements throughout the City are typically maintained by individual property owners or through some type of association and the on-going maintenance of these improvements are a special benefit to the properties associated with those improvements.
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
The installation or planting of landscaping.
The installation or construction of statuary, fountains, and other ornamental structures and facilities.
The installation or construction of public lighting facilities. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
The maintenance or servicing, or both, of any of the foregoing. The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
The costs of printing, advertising, and the publishing, posting and mailing of notices; Compensation payable to the County for collection of assessments; Compensation of any engineer or attorney employed to render services; Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
Costs associated with any noticing and balloting held for the approval of a new or increased assessment.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 7 of 51 The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
Repair, removal, or replacement of all or any part of any improvement. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. The removal of trimmings, rubbish, debris, and other solid waste. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
The landscape improvements provided by the Districts may include landscaped parkways, perimeters, entryways, local medians, slopes, internal amenities and appurtenant facilities. The annual assessments outlined in this Report are proposed to cover the estimated costs to provide the necessary service, operation, administration, and maintenance required to keep these improvements in a healthy, vigorous, and satisfactory condition. The special benefits associated with the local landscaping improvements are specifically:
Enhanced desirability of properties through association with the improvements. Improved aesthetic appeal of properties within the Districts providing a positive representation of the area.
Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
Environmental enhancement through improved erosion resistance, dust and debris control, and drainage and flood control.
Increased sense of pride in ownership of property within the Districts resulting from well-maintained improvements associated with the properties. Reduced criminal activity and property-related crimes (especially vandalism) against properties in the Districts through well-maintained surroundings and amenities including abatement of graffiti.
Enhanced environmental quality of the parcels within the Districts by moderating temperatures, providing oxygenation and attenuating noise.
The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the Districts.
C. CONSOLIDATED DISTRICT INFORMATION
Pursuant to the 1972 Act, the costs of each District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The benefit formula calculation used within each District varies, as do the improvements and properties receiving special benefit from those improvements. The formula used for each District reflects the composition of the parcels within the District, and the improvements and services provided to fairly proportion the costs based on estimated benefit to each parcel. The improvements, the method of apportionment, the
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 8 of 51 proposed budget, and the details of each District are described for each District. The following table lists the Districts for Fiscal Year 2025/2026 and the number of parcels within each District.
District Number District Name
Number
of
Parcels
Parcels
Levied
Total
Equivalent
Benefit Unit
(EBU) (1)
FY 2025/2026
Maximum
Assessment
FY 2025/2026
Proposed
Applied Rate
District #01 Sundance 314 313 313 $78.26 $78.26
District #02 Sun Tree Ranch 59 59 59 $113.74 $113.74 District #03 Park Paseo 87 87 87 $275.07 $275.06
District #04 Jackson Park Zone A 66 66 66 $106.90 $106.90 Jackson Park Zone B 46 46 46 $87.44 $87.44
Jackson Park Zone C 2 2 2 $16.82 $16.82
Jackson Park (Total) 114 114 114
District #05 Daybreak/ Pacesetter Homes 183 183 183 $50.34 $50.34 District #06 Whispering Palms 510 510 510 $49.98 $49.98 District #07 Sun Park A 77 77 77 $46.60 $46.60
Sun Park B 25 23 23 $18.22 $18.22
Sun Park (Total) 102 100 100
District #08 Lumberman’s Park 12 12 17.89 $741.90 $741.90 District #09 Pan American 189 189 189 $169.88 $169.88 District #10 Liberty Village / Desert Song 109 107 107 $138.58 $138.58 District #11 Santa Fe Homes 167 167 167 $153.98 $153.98 District #12 Park Madison 37 37 37 $403.05 $403.04
District #13 Indio Center Plaza 19 16 1,259 $7.50 $7.50 District #14 Wildflower 80 80 80 $163.01 $163.00
District #15 Villa Pacific 48 48 48 $68.80 $68.80
District #16 Zalay Ranch 36 36 36 $163.28 $163.28
District #17 Highway 111 29 28 44 $271.72 $271.72
District #18 Encanto Homes 73 73 73 $247.65 $247.64
District #19 Palm Meadows 219 219 219 $98.16 $98.16
District #20 El Cid 20 20 20 $158.50 $158.50
District #21 Santa Rosa 113 99 99 $404.22 $404.22
District #22 Riverbend 61 61 61 $66.74 $66.74
District #24 California Palms 115 115 115 $223.61 $136.30 District #25 Verandas 98 98 98 $282.77 $282.76
District #26 Rincon Homes 121 121 121 $487.21 $487.20 District #27 Summer Place 156 156 156 $100.00 $100.00 District #28 California Palms II 94 94 94 $166.36 $166.36 District #29 Cheyenne Ranch 79 78 78 $195.26 $195.26 District #31 Waring Palms 143 140 140 $118.75 $118.74 District #32 Montego Dunes 120 117 117 $421.27 $421.26 District #33 Villa Estates 104 100 100 $346.12 $346.12
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 9 of 51 District Number District Name
Number
of
Parcels
Parcels
Levied
Total
Equivalent
Benefit Unit
(EBU) (1)
FY 2025/2026
Maximum
Assessment
FY 2025/2026
Proposed
Applied Rate
District #34 Madison Ranch 146 139 139 $558.58 $558.58 District #35 Corta Bella 31 28 28 $569.50 $569.50
District #36 Bella Vida 84 78 78 $492.55 $492.54
District #37 Las Brisas North 241 224 224 $407.17 $407.16 District #38 Encanto Collection At Villa Montego 457 449 449 $495.27 $495.26 District #39 Monticello II At Heritage Palms 155 136 136 $678.83 $678.82 District #40 Shadow Hills 520 483 483 $206.90 $188.96 District #41 Sunburst 137 135 135 $273.31 $273.30
District #42 Quails Gate Estates 8 8 8 $660.25 $660.24 District #43 Whittier Ranch 144 138 138 $787.53 $787.52 District #44 Palazzo 158 148 148 $473.27 $473.26
District #45 Shadow Hills Bus. Park 42 42 42 $1,557.26 $1,557.26 District #46 Bella Tierra 61 56 56 $1,375.35 $870.74 District #47 Rancho Verde 38 36 36 $1,188.99 $1,188.98 District #48 Haciendas/ Patton Park 303 287 385 $385.22 $285.54 District #49 Ave 42/ Jackson Street Zone A 33 33 73.38 $1,636.31 $126.26 Ave 42/ Jackson Street Zone B 17 10 8.42 $1,636.31 $55.68 Ave 42/ Jackson Street (Total) 50 43 81.80
District #50 Desert Trace 257 243 243 $361.05 $361.04 District #51 Desert Meadows 1 1 80 $306.53 $306.52
District #52 Las Colinas 136 128 128 $126.54 $126.54 District #53 Monroe Street/Avenue 42 30 16 5,507 $5.90 $5.90 District #54 County Law Building 1 1 588 $8.41 $8.40 Total All Districts 6,611 6,396 13,954.38
(1) Totals may not sum due to rounding.
D. CHANGES TO THE DISTRICTS
Changes to the Districts may include:
The cost of maintaining the improvements (Budget);
Changes in the annual assessments;
Legislative changes that affect the District; or,
Modifications to the District structure that include, but is not limited to—alterations in the existing improvements and/or services provided, addition of new improvements or services, addition of benefit zones, annexation of parcels into one of the Districts, or revisions in the method of apportionment.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 10 of 51 Although no significant modifications to the structures of the Districts have been implemented in the last several years, the City has taken several steps towards enhancing the improvements within the Districts. To ensure a high level of maintenance, enhance the quality of life and appearance of the Districts, and ensure a fair and equitable apportionment of the improvement costs, the City annually reviews the improvements, the services provided, the costs associated with those improvements and current fund balances for each District.
In Fiscal Year 1999/2000 and again in Fiscal Year 2000/2001, the City initiated and conducted property owner protest ballot proceedings for assessment increases necessary to provide a higher level of service within several of the Districts. In conjunction with the assessment balloting process, the City held numerous public workshops to improve communication and obtain property owner input. Although property owners did not approve an assessment increase in every District balloted; those that approved an assessment increase also approved an assessment range formula. This assessment range formula provides a fixed 3% annual inflationary adjustment to the maximum assessment rate that may be imposed each fiscal year. (The annual assessment may not exceed the annually adjusted Maximum assessment).
The Districts formed since the passage of Proposition 218 in November 1996, have been formed pursuant to the 1972 Act and in conjunction with a property owner notice and protest ballot proceeding for the annual assessments in compliance with the provisions of the Article XIIID. In each of these Districts (Districts 31 through 51), the assessments presented to the property owners and approved by those property owners includes the assessment range formula that provides a 3% annual inflationary adjustment to the maximum assessment rate each fiscal year.
E. CAPITAL IMPROVEMENTS
FY 2024/2025 capital improvements completed include:
District #12 – Park Madison; remove 13 Ficus trees that are damaging sidewalks and being topped for powerlines.
District #44 – Palazzo; Add date palms in median.
District #52 – Las Colinas; refresh landscaping at entrance.
FY 2025/2026 planned capital improvements include:
District #43 – Whitter Ranch; landscaping improvements at the front entrance.
District #46 – Bella Terra; landscaping improvements.
District #52 – Las Colinas; refresh landscaping at entrance.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 11 of 51 III. DISTRICT SPECIFICATIONS
A. GENERAL DESCRIPTION OF THE WORK TO BE PERFORMED
The boundaries of each District and a brief description of the improvements are described in this section of the Report. The allocation of special benefit and general benefit from the various improvements are summarized in the Method of Apportionment section of this Report.
Most of the Districts described in this Report have similar types of improvements and require similar maintenance and servicing (the work to be performed). The following is a general description of the work to be performed in each District. Any significant differences or additional work applicable to a particular District will be noted and described for that District. In Fiscal Year 2001/2002, the City Council directed the City staff to remove the cost of street lighting within the tracts from the annual budget for those Districts that had historically been assessed for street lighting improvements. The City will utilize other revenue sources to provide and maintain these street lighting facilities.
The work to be performed within each District includes the operation, maintenance, servicing and administration of the landscaping improvements associated with each District. The maintenance and servicing include, but is not limited to the cultivation, replacement, trimming and training of landscaping in accordance with standard horticultural practices; the furnishing and application of fertilizers, herbicides and pesticides; the removal and replacement of dead or damaged plant material; the removal of trash and debris; abatement of weeds and defaced or damaged surface of the block- walls and other appurtenant facilities; repair of the sprinkler system including replacement of any damaged, defective or worn parts; and the furnishing of electrical power and water to maintain the landscaping. Each District’s improvements include automatic sprinkler system that is a complete system with electric supply, water supply, automatic clock, piping, various types of heads and other items incidental and necessary to make the system operational unless otherwise noted.
B. DESCRIPTION OF THE BOUNDARIES AND IMPROVEMENTS
The original Assessment Diagrams for each of the Districts were presented and approved upon formation of each District and are on file in the Office of Engineering and by reference are made part of this Report. Parcel identification for each lot or parcel within the Districts shall be the parcel as shown on the Riverside County Assessor's map for the year in which this Report is prepared. The following is a brief description of each of the District boundaries and improvements.
District #01 — Sundance
The District includes the parcels within Tracts 10943-1 through 10943-4, Tract 12572 and Tracts 12572-1 through 12572-7; generally located between Monroe Street and Arabia Street, north of Avenue 48.
The District improvements include parkway landscaping between the sidewalk and block-wall adjacent to the tract(s) on Monroe Street and Arabia Street (frontages of the District); and a landscaped median island along the southern boundary of the District (between Avenue 48 and
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 12 of 51 Solano Avenue) from Monroe Street to Arabia Street. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-walls, and plant material that consist of groupings of palm trees with ground cover along Monroe Street and Arabia Street and groupings of silk oak trees, oleanders, and ground cover in the median island.
District #02 — Sun Tree Ranch
The District includes the parcels within Tract 9173 and Tract 12936-1; generally located south of Fred Waring Drive (formerly Avenue 44), and east of Clinton Street.
The District improvements include landscaping uniformly spaced within the recessed areas of the perimeter block-wall along Fred Waring Drive and Clinton Street (frontages of the District); landscaped areas along both sides of Laurel Gate (tract entryway). The landscaping improvements consist of an automatic sprinkler system, hardscape, block- walls and plant material. The sprinkler system is a complete system that also includes an automatic control panel, remote control valves, with various sprinkler and shrub heads.
The existing plant material consists of groupings of palm trees, and ground cover.
The District improvements are identified in the plans entitled "Street Improvement Plan for Tract 9173 and Tract 12936-1 Sun Tree Ranch", on file in the office of the Department of Public Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Sun Tree Ranch Maintenance District Diagram” dated April 2, 1979, and by reference these documents are made part of this Report.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 13 of 51 District #03 — Park Paseo
The District includes the parcels within Tracts 11469-1 and 11469-2, generally located south of Miles Avenue and west of Monroe Street.
The improvements include parkway landscaping between the sidewalk and block-wall adjacent to the tract(s) along Miles Avenue, Lido Avenue, and Monroe Street (frontages of the District); and the median islands and parkway landscaping on Sierra Avenue and Paseo Entrada (tract entryways). The landscaping improvements consist of an automatic sprinkler system, hardscape, block-walls, and plant material located in the areas described. The plant material consists of an arrangement of various types of trees uniformly spaced, inter-spaced with a variety of shrubs, and the remaining open area planted with a ground cover. Also included is a decorative sign located at the corner of Miles and Monroe Streets.
The District improvements are identified in the plans entitled "Site Improvements, Tract 11469-1 and Tract 11469-2”, on file in the office of the Department of Public Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Park Paseo Maintenance District Diagram” dated April 2, 1979, and by reference these documents are made part of this Report.
District #04 — Jackson Park
The District includes the parcels within Tract 13349 and Tract 13349-1 generally located south of Dr. Carreon Blvd (formerly Avenue 47) and west of Jackson Street.
The improvements include parkway landscaping between the sidewalk and block-walls adjacent to the tract(s) along Dr. Carreon Blvd and Jackson Street (frontages of the District). The landscaping improvements consist of an automatic sprinkler system, hardscape, block-walls, and plant material, located in the areas described. The sprinkler system is a complete system that also includes drip irrigation and other items incidental and necessary to make the system operational. The plant material consists of an arrangement of various types of trees uniformly spaced, inter-spaced with a variety of shrubs, and the remaining open area planted with a ground cover.
The District has been divided into three (3) Zones of benefit based on the location of each parcel within the District and its proximity to the various District improvements. Each parcel shares proportionately in the cost of the improvements that provide a special benefit to the parcel. There are a total of 114 assessable parcels within the District. The Zones are identified as:
Zone A — includes 66 residential parcels located on Via Sicily, Via Turin, Via Venecia, and Via Genoa. These parcels are physically and visually associated with two landscaped entrances on Jackson Street and the parkway landscaping along Jackson Street (approximately three times larger than the parkway on Dr. Carreon Blvd). As part of the overall subdivision, these parcels are also directly associated with the parkway landscaping on Dr. Carreon Blvd and therefore receive special benefits from the landscape improvements within the District. These 66 parcels are assessed for approximately 63.5% of the total District improvement costs.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 14 of 51 Zone B — includes 46 residential parcels located on Via Palermo, Via Milano, and Via Sorrento. These residential properties are a continuation of a previous residential subdivision and although the parcels have no direct access to the streets within Zone A (Via Sicily, Via Turin, Via Venecia, and Via Genoa), the landscape improvements surrounding the two Zones are clearly associated with the parcels in both Zones. Similar to properties within Zone A, the parcels within Zone B are directly associated with the perimeter landscaping on Dr. Carreon Blvd and Jackson Street and share equally in the costs and benefits of those improvements. However, the costs associated with the two landscaped entrances on Jackson Street are not a special benefit to Zone B parcels and therefore these parcels are not assessed for these two improvement areas. The parcels within Zone B are assessed for approximately 36.2% of the total District costs.
Zone C — includes two parcels that are within the District boundary, but slightly outside the wall and landscaped areas fronting on Dr. Carreon Blvd (Parcels 614-180-019 and 614-182-026). These two parcels benefit from the improvements by association and when the District was formed, the two parcels were identified as "problematical" and assessed only 0.3% of total Direct Costs.
The District improvements are identified in the plans entitled "Tract 13349, Avenue 47 and Jackson Street Perimeter Area" dated November 10, 1977, and the plans entitled “Perimeter Area Sundance East” dated April 4, 1984, are on file in the office of the Department of Public Services. The lots and parcels within the District are shown and identified on the original assessment diagram, and by reference these documents are made part of this Report.
District #05 — Daybreak/Pacesetter Homes
The District includes the parcels within Tracts 20677, 13809-1, and 14554 generally located south of Dr. Carreon Blvd (formerly Dr. Carreon Blvd) and west of Arabia Street.
The improvements include parkway landscaping between the sidewalk and block-wall adjacent to the tract(s) along Dr. Carreon Blvd and Arabia Street (frontages of the District); and parkway landscaping on Janet Avenue at Dr. Carreon Blvd (tract entryway). The landscaping improvements consist of an automatic sprinkler system, hardscape, block- walls and plant material located in the areas described. The plant material consists of an arrangement of various types of trees uniformly spaced, inter-spaced with a variety of shrubs, and the remaining open area planted with a ground cover. Parcels within the District are served by an interconnected system of streets utilizing the three landscaped entrances, two entrances on Arabia Street and one entrance on Dr. Carreon Blvd.
The District improvements are identified in the plans entitled "Plantings and Irrigation” on file in the office of the Department of Public Services. The lots and parcels within the District are shown and identified on the original assessment diagram, and by reference these documents are made part of this Report.
District #06 — Whispering Palms
The District includes the parcels within the residential Tracts 12783-1 through 12783-7, 12783-9 (amended), 15058, 15058-1, 23018, and 27658 generally located south of Miles Avenue, north of Avenue 46, west of Madison Street and east of the Storm Water Channel.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 15 of 51 The improvements include parkway landscaping between the sidewalk and block-wall adjacent to the tract(s) along Avenue 46, Miles Avenue and Madison Street (frontages of the District). The landscaping improvements consist of an automatic sprinkler system, hardscape, block-walls and plant material located in the areas described. The plant material consists of an arrangement of various types of trees uniformly spaced, inter- spaced with a variety of shrubs, and the remaining open area planted with a ground cover.
The District improvements are identified in the plans entitled "Whispering Palms Landscaping and Lighting Maintenance” on file in the office of the Department of Public Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Whispering Palms Maintenance District Diagram” dated April 5, 1989, and by reference these documents are made part of this Report.
District #07 — Sun Park
The District includes the parcels within the residential Tract 12737-1 generally located south of Miles Avenue, and west of Clinton Street.
The improvements include parkway landscaping between the sidewalk and block-walls adjacent to the tract along Clinton Street and Miles Avenue (frontages of the District); the median island on Palmwood Drive at Clinton Street (tract entryway); and a decorative sign at the corner of Clinton Street and Palmwood. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-walls and plant material located in the areas described. The plant material consists of an arrangement of various types of trees uniformly spaced, inter-spaced with a variety of shrubs, and the remaining open area planted with a ground cover. Also included, is a decorative sign located at the corner of Clinton Street and Palmwood Drive.
The District has been divided into two (2) Zones of benefit based on the location of each parcel within the District and its proximity to the various District improvements. Each parcel shares proportionately in the cost of the improvements that provide special benefits to the parcel. Any common areas or easements within the development subdivisions receive no special benefit and are not assessed. There are a total of 100 assessable parcels within the District. Although the District improvements clearly provide special benefits to the properties within the District, by virtue of the street configuration within the development, two benefit areas were necessary.
Zone A — includes the seventy-seven (77) parcels that utilize Palmwood Drive and Clinton Street. These parcels are isolated from the other parcels within the District (parcels that access Miles Avenue and Elm Street). These parcels do not have a direct access to the improvements on Miles Avenue at Elm Street, but still receive limited special benefits from these improvements because the improvements are associated with the overall development. However, these parcels clearly receive special benefits from the improvements on Palmwood Drive and Clinton Street, and their benefit from these specific improvements is greater than the other parcels within the District. Zone B — includes the twenty-three (23) parcels that utilize Miles Avenue and Elm Street. These parcels are isolated from the other parcels within the District, (parcels that access Palmwood Drive and Clinton Street). These parcels do not have direct access to Palmwood Drive and the improvements on Palmwood Drive and Clinton Street, but still receive limited special benefits from these improvements because the improvements are associated with the overall development. However, these parcels clearly receive special
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 16 of 51 benefits from the improvements on Miles Avenue and their benefits from these specific improvements are greater than the other parcels within the District.
The costs associated with the improvements are proportionately spread to the benefiting parcels, with 89.5% of the improvement costs associated with Zone A, and 10.5% of the improvement costs associated with Zone B.
Two parcels within Zone B (Parcels 608-181-049 and 608-181-051) are vacant sliver parcels associated with other adjacent developed parcels. Because these two parcels cannot be developed and they are associated with other parcels that are developed, these two parcels are not assessed.
The District improvements are identified in the plans entitled, "Landscaping and Lighting Maintenance District No. 7, Palmwood Tract 12737” on file in the office of the Department of Public Services. The lots and parcels within the District are shown and identified on the original assessment diagram, and by reference these documents are made part of this Report.
District #08 — Lumbermen’s Business Park
The District includes properties generally located just east of Madison Street on both the north and south sides of Indio Boulevard adjacent to the improvements, and includes parcels found on Assessor Parcel Map pages 610-020 and 610-030.
The improvements consist of landscaping, and appurtenant facilities within the center island on Indio Boulevard from Madison Street, east to the eastern boundary of the Lumbermen's Business Park. The landscaping improvements consist of an automatic sprinkler system and plant material located in the areas described. The plant material consists of an arrangement of various types of trees and shrubs uniformly spaced within the area.
The District improvements are identified in the plans entitled, "Lumbermen's Business Park Landscaping & Lighting Maintenance District No. 8.” The lots and parcels within the District are shown and identified on the original assessment diagram, and by reference these documents are made part of this Report.
District #09 — Pan American
The District includes the parcels within Tracts 14189-1, 14189-2, 14189-3, and 14189, generally located south of Avenue 46 and east of Shields Road.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Shields Road frontages of the District. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-walls, and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various sprinkler and shrub heads.
The plant material consists of palm trees and ground cover uniformly spaced.
The District improvements are identified in the plans entitled “Landscape Improvement Plan for Tracts 14189-1, 14189-2, 14189-3 and 14189 Pan American” on file in the office of the Department of Public Services. The lots and parcels within the District are shown
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 17 of 51 on the original assessment diagram entitled “Pan American Maintenance District Diagram” dated April 19, 1993, and by reference these documents are made part of this Report.
District #10 — Liberty Village/Desert Song
The District includes the parcels within Tracts 13965-1 and 27861, generally located east of Calhoun Street and north of Avenue 48.
The improvements include landscaping in recessed areas of the perimeter block-wall along Calhoun Street (frontages of the District). The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall, and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of palm trees and ground cover uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tracts 13965-1 and 27861 Liberty Village" on file in the office of the Department of Engineering Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Liberty Village Maintenance District Diagram" dated June 14, 1989, and by reference these documents are made part of this Report.
District #11 — Santa Fe Homes
The District includes the parcels within Tracts 23514-1, 23514-2, and 23514, generally located south of Avenue 46 and west of Madison Street.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Madison Street and Avenue 46 frontages of the District. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of palm trees and ground cover uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tracts “23514-1, 23514-2 and 23514 Santa Fe Homes" on file in the office of the Department of Public Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Santa Fe Homes Maintenance District Diagram" dated June 24, 1991, and by reference these documents are made part of this Report.
District #12 — Park Madison
The Districts includes the parcels within Tract 23530, generally located north of Avenue 46 and east of Madison Street.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Madison Street and Avenue 46 (frontages of the District). The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall, and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 18 of 51 sprinklers and shrub heads. The plant material consists of groupings of palm trees and ground cover uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tract 23530 Park Madison" on file in the office of the Department of Public Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Park Madison Maintenance District Diagram" dated June 14, 1989, and by reference these documents are made part of this Report.
District #13 — Indio Center Plaza
The District includes the parcels within the Indio Center Plaza, generally located east of Oasis Street and southwest of Indio Blvd.
The improvements consist of landscaping, and appurtenant facilities within the recessed areas along Miles Avenue between Oasis Street and Smurr Street. The landscaping improvements consist of an automatic sprinkler system and plant material located in the areas described. The plant material consists of groupings of palm trees and ground cover.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Indio Center Plaza" on file in the office of the Department of Public Services. The parcels within the District are identified on the original assessment diagram entitled “Indio Center Plaza Maintenance District Diagram”, and by reference these documents are made part of this Report.
District #14 — Wildflower
The District includes the parcels within Tract 22952, generally located southwest of Indio Blvd. and west of Clinton Street.
The improvements include landscaping in recessed areas of the perimeter block-wall, along the Clinton Street and Jonquil Avenue frontages of the District. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of palm trees and ground cover uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tract 22952 Wildflower" on file in the office of the Department of Public Services.
The lots and parcels within the District are shown on the original assessment diagram entitled, “Park Madison Maintenance District Diagram" dated June 12, 1990, and by reference these documents are made part of this Report.
District #15 — Villa Pacific
The District includes the parcels within Tract 24033-1 generally located west of Golf Center Parkway (formerly Van Buren Street).
The existing improvements include landscaping in recessed areas of the perimeter block- wall along the Golf Center Parkway frontage of the District. The landscaping
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 19 of 51 improvements consist of an automatic sprinkler system, hardscape, block-wall and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of palm trees, shrubs, and ground cover uniformly spaced. The landscaping improvements also include floodlights.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tract 24033-1 Villa Pacific" on file in the office of the Department of Public Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Villa Pacific Maintenance District Diagram" dated June 12, 1990, and by reference these documents are made part of this Report.
District #16 — Zalay Ranch
The District includes the parcels within Tract 24397, generally located south of Miles Avenue.
The existing improvements include landscaping in recessed areas of the perimeter block- wall along the Miles Avenue frontage and the center island on Saint Thomas Gate. The landscaping improvements consist of an automatic sprinkler system, hardscape, block- wall, and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of palm trees, and ground cover uniformly spaced.
The District improvements are identified in the plans entitled, "Landscape Improvement Plan for Tract 24397 Zalay Ranch.” The lots and parcels within the District are shown on the original assessment diagram entitled “Zalay Ranch Maintenance District Diagram" dated June 12, 1990, and by reference these documents are made part of this Report.
District #17 — Highway 111
The District includes the commercial parcels along Highway 111, between Monroe Street and Rubidoux Street.
The proposed parkway and median improvements along Highway 111 between Monroe Street and Rubidoux Street consist of the sprinkler system and landscaping uniformly spaced in the center island along Highway 111. The landscaping consists of groupings of palm trees, oleanders, natal plums, shiny xylosma and ground cover. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The rehabilitation of the fountain at the corner of Highway 111 and Monroe Street has been included in these proposed improvements.
It has been determined that parcels identified as common areas, easements or that have similar development restrictions receive no measurable special benefits from the improvements and are not assessed. Parcel 614-020-021 is a 0.54-acre common area parcel and does not benefit from the improvements and therefore not assessed.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 20 of 51 The District improvements are identified in the plans entitled "Landscape Improvement Plan for Highway 111" on file in the office of the Department of Engineering Services. The lots and parcels within the District are shown on the original assessment diagram entitled "Highway 111 Maintenance District Diagram", and by reference these documents are made part of this Report.
District #18 — Encanto Homes
The District includes the parcels within Tracts 24151-1 and 24151-2, generally located north of Paseo Encanto and west of Shields Road.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Shields Road and Paseo Encanto frontages of the District. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall, and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, shrubs, and ground cover uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tracts 24151-1 and 24151-2 Encanto Homes” on file in the office of the Department of Public Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Encanto Homes Maintenance District Diagram", dated June 24, 1991, and by reference these documents are made part of this Report.
District #19 — Palm Meadows
The District includes the parcels within Tracts 12737, 12737-3, 12737-4, 12737-5 and 12737-6 generally located north of Avenue 46 and west of Madison Street.
The improvements include landscaping in recessed areas of the perimeter block-wall along Avenue 46 and area of retention basin along the east side of Palm Meadows Drive.
The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall, and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, shrubs, and ground cover uniformly spaced.
The District improvements are identified in the plans entitled, "Landscape Improvement Plan for Tract 12737, 12737-3, 12737-4, 12737-5, and 12737-6 Palm Meadows", on file in the office of the Department of Engineering Services. The lots and parcels within the District are shown and identified on the original assessment diagram, and by reference these documents are made part of this Report.
District #20 — El Cid
The District includes the parcels within Tract 21443-1, generally located south of Garden Avenue and north of Dr. Carreon Blvd.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Dr. Carreon Blvd and Garden Avenue frontages of the District. The landscaping
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 21 of 51 improvements consist of an automatic sprinkler system, hardscape, block-wall and plant materials located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, ground cover and shrubs uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tract 21443-1 El Cid", on file in the office of the Department of Public Services.
The lots and parcels within the District are shown on the original assessment diagram entitled “El Cid Maintenance District Diagram" dated June 24, 1991, and by reference these documents are made part of this Report.
District #21 — Santa Rosa
The District includes the parcels within Tracts 17568-1, and 29642-1, generally located south of Avenue 48 and east of Hjorth Street.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Avenue 48 landscape area and within the retention basin on the southeast portion of the subdivisions. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall, and plant material located in the areas described.
The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, ground cover and shrubs uniformly spaced.
The District improvements are identified in the plans entitled, "Landscape Improvement Plan for Tract 17568-1 and 26642-1 Santa Rosa Homes" on file in the office of the Department of Public Services. The lots and parcels within the District are shown and identified on the original assessment diagram, and by reference these documents are made part of this Report.
District #22 — Riverbend
The District includes the parcels within Tracts 24229, generally located north of Fred Waring Drive (formerly 44th Avenue) and west of Madison Avenue.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Madison Street and Fred Waring Drive frontages, and also the landscape area within the retention basin of the District. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of grouping of trees, shrubs, and ground cover uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tract 24229 Riverbend" on file in the office of the Department of Public Services.
The lots and parcels within the District are shown on the original assessment diagram entitled, “Riverbend Maintenance District Diagram" dated June 24, 1991, and by reference these documents are made part of this Report.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 22 of 51 District #24 — California Palms
The District includes the parcels within Tract 11603, generally located west of Shields Road and south of Avenue 46.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Shields Road frontage, and the landscape areas along Suncastle Road and Sandscript Way within the District. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall, and plant material located in the areas described.
The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, shrubs, and ground cover uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tract 11603 California Palms" on file in the office of the Department of Engineering Services. The lots and parcels within the District are shown on the original assessment diagram entitled, “California Palms Maintenance District Diagram" dated April 1993, and by reference these documents are made part of this Report.
District #25 — Verandas
The District includes all parcels within Tracts 25688, 25688-1, 25688-2, 25688-3, 25688- 4, 25688-5, and 25688-6 generally located north of Avenue 48 and west of Madison Street.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Avenue 48 and Youngs Lane frontages and the retention basin on the southeast portion of the subdivisions. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall, and plant material located in the areas described.
The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, shrubs, and ground cover uniformly spaced.
The District improvements are identified in the plans entitled, "Landscape Improvement Plan for Tract 25688, 25688-1, 25688-2, 25688-3, 25688-4, 25688-5, and 25688-6 Veranda” on file in the office of the Department of Engineering Services. The lots and parcels within the District are shown and identified on the original assessment diagram, and by reference these documents are made part of this Report.
District #26 — Rincon Homes
The District includes the parcels within Tract 24445, generally located east of Jefferson Street and north of Avenue 49.
The improvements include landscaping in recessed areas of the perimeter block-wall along Jefferson Street and Avenue 49 frontages, the center island on Corsica Gate and the landscape retention basin located in the central portion of the subdivision. The landscaping improvements consist of an automatic sprinkler system, hardscape, block- wall, and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, shrubs, and ground cover uniformly spaced.
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The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tract 24445 Rincon Homes” on file in the office of the Department of Engineering Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Rincon Homes Maintenance District Diagram" dated April 1993, and by reference these documents are made part of this Report.
District #27 — Summer Place
The District includes the parcels within Tracts 27167-1, 27167-2, 27167-3, 27167-4, and 27167, generally located south of Fred Waring Drive and west of Hoover Avenue.
The improvements include landscaping in recessed areas of the perimeter block-wall along the Fred Waring Drive and Hoover Avenue frontages and the landscape retention basin areas within the subdivision located on Cassia Way. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall, and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, shrubs, and ground cover uniformly spaced.
The District improvements are identified in the plans entitled, "Landscape Improvement Plan for Tract 27167-1, 27167-2, 27167-3, 27167-4, and 27167 Summer Place" on file in the office of the Department of Engineering Services. The lots and parcels within the District are shown on the original assessment diagram entitled “Summer Place Maintenance District Diagram", dated April 19, 1993, and by reference these documents are made part of this Report.
District #28 — California Palms II
The District includes the parcels within Tract 23531, generally located east of Hjorth Street and south of Avenue 49. The improvements include landscaping in recessed areas of the perimeter block-wall along the Hjorth Street and Avenue 49 frontages of the District and the landscape retention basin area within the subdivision located on Violet Street. The landscaping improvements consist of an automatic sprinkler system, hardscape, block- wall, and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, shrubs, and ground cover uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tract 23531 California Palms II" on file in the office of the Department of Engineering Services. The lots and parcels within the District are shown on the original assessment diagram entitled “California Palms II Maintenance District Diagram" dated March 1995, and by reference these documents are made part of this Report.
District #29 — Cheyenne Ranch
The District includes the parcels within Tract 24824-1, generally located south of Dr.
Carreon Blvd. and west of Monroe Street. The improvements include landscaping in recessed areas of the perimeter block-wall along the Cheyenne Road, Buffalo Trail and
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 24 of 51 Dry Creek Lane within the District, and the landscape retention basin area on the southern border of the subdivision. The landscaping improvements consist of an automatic sprinkler system, hardscape, block-wall and plant material located in the areas described. The sprinkler system is a complete system that also includes an automatic controller and remote control valves with various types of sprinklers and shrub heads. The plant material consists of groupings of trees, shrubs and ground cover uniformly spaced.
The District improvements are identified in the plans entitled "Landscape Improvement Plan for Tract 24824-1 Cheyenne Ranch" on file in the office of the Department of Engineering Services. The lots and parcels within the District are shown on the original assessment diagram entitled, “Cheyenne Ranch Maintenance District Diagram" dated March 1996, and by reference these documents are made part of this Report.
District #31 — Waring Palms
The District includes parcels within Tract 30413; generally located east of Madison Street and southeast of Fred Waring Drive.
The District improvements include parkway landscaping along Madison Street and Fred Waring Drive. The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #32 — Montego Dunes
The District includes the parcels within Tract 30573; generally located between Shields Road and Youngs Lane.
The District improvements include parkway landscaping along Shields Road and Youngs Lane.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #33 — Villa Estates
The District includes the parcels within Tract 30461, generally located west of Golf Center Parkway and south of Avenue 43.
The District improvements include parkway landscaping along Golf Center Parkway and Avenue 43.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #34 — Madison Ranch
The District includes the parcels within Tracts 30587 and 30587-1; generally located north of Avenue 48 and west of Madison Street.
The District improvements include parkway landscaping along Madison Street, Avenue 48 and Youngs Lane.
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The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #35 — Corta Bella
The District includes the parcels within Tract 29455; generally located north of Dr. Carreon Blvd and east of Monroe Street.
The District improvements include parkway landscaping along Monroe Street and Bella Gate.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #36 — Bella Vida
The District includes the parcels within the residential Tract 30544; generally located south of Avenue 48 and west of Madison Street.
The District improvements include parkway landscaping along Avenue 48 and Madison Street.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #37 — Las Brisas North
The District includes all parcels within the residential Tracts 30526-1, 30526-2, and 30526- 3, which contain 189 fully subdivided single-family residential parcels; generally located north of Avenue 48, east of Madison Street, west of Monroe Street and south of State Highway 111. The Annexation includes all parcels within the residential tract 31539, which contains 35 fully subdivided single-family residential parcels; generally located north of Tracts 30526-1, 30526-2 and 30526-3.
The landscape improvements may include landscaped parkways along Avenue 48 and Buffalo Trail, perimeters, entryways, local medians, slopes, parks, retention basins, internal amenities and appurtenant facilities.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #38 — Encanto Collection at Villa Montego
The original District includes the parcels within the residential Tract 28143, generally located west of Jackson Street, east of Calhoun Street and north of Avenue 48. There are 370 parcels within this tract. The additional Annexation includes the parcels within the residential Tract 31385, which contains 79 fully subdivided parcels; generally located north of Tract 28143 and Avenue 48, west of Calhoun Street and south of Dr. Carreon Blvd.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 26 of 51 The original District improvements include parkway landscaping along Avenue 48, Jackson Street, Montego Bay Place and the southern half of Calhoun Street. The Annexation improvements include perimeter and interior landscaping along Dr. Carreon Blvd and the northern half of Calhoun Street.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #39 — Monticello II at Heritage Palms
The District includes the parcels within Tract 30635; generally located east of Burr Street, west of the All American Canal and north of Fred Waring Drive and parcels within Tract 31358; generally located north of tract 30635 and Fred Waring Drive, south of Avenue 43, west of Madison Street and east of Burr Drive.
The District improvements for Tract 30635 include parkway landscaping along Fred Waring Drive, Burr Street and Arlington Way; and interior parkway landscaping for Tract 31358 that includes Liberia Place. Parkway landscaping along Fred Waring Drive and Burr Street includes turf; respectively 6,750 sf and 2,260 sf.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #40 — Shadow Hills
The District includes parcels within Tracts 31026, 31026-1, 31026-2, 31026-3, 31026-4, and 31026-5; generally, located southwest of the All American Canal, east of Jackson Street, and north of Avenue 42.
The District improvements include parkway and inter-parcel landscaping along Jackson Street.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #41 — Sunburst
The District includes the parcels within Tracts 30412 and 30412-1; generally located west of Madison Street, east of Burr Street, and north of Fred Waring Drive.
The District improvements include parkway landscaping along Madison Street and Autumn Lane, and a retention basin located along Autumn Lane.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #42 — Quails’ Gate Estates
The District includes the parcels within Tract 29371; generally located south of Avenue 49, east of Hjorth Street, and north of Avenue 50.
The District improvements include parkway and interparcel landscaping.
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The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #43 — Whittier Ranch
The District includes the parcels within Tract 31473; generally located south of Avenue “A”, east of Oasis Street, north of Avenue 48, and west of Jackson Street.
The District improvements include parkway and interparcel landscaping.
The lots and parcels within the District are shown and identified on the parcel map and by reference these documents are made part of this Report.
District #44 — Palazzo
The District includes parcels within Tract 31247; generally located near the intersection of Monroe Street and Avenue 41.
The District improvements include parkway and median island landscaping along Monroe Street, Villa Palazzo and Villa Giardino.
The lots and parcels within the District will be shown in the final version of this report and will be identified on the parcel map and by reference these documents are made part of this Report.
District #45 — Shadow Hills Business Park
The District includes 43 commercial and industrial lots within Tracts 26585-1, 26585-2 and 29383, which are generally located south of Avenue 42, west of Jackson Street, north of the Interstate 10 Freeway, and east of Spectrum Street.
Specifically, the landscaping improvements are located on Avenue 42 and Jackson Street and include median landscaping. The landscaping in the District consists of an automatic sprinkler system that is a complete system with electric supply, water supply, automatic clock, piping, various types of heads and all other items incidental and necessary to make the system operational unless otherwise noted.
The lots and dimensions of the parcels within the District are shown and identified on the County Assessor’s parcel maps and by reference these documents are made part of this Report.
District #46 — Bella Tierra
The District includes 56 single-family residential lots within Tract 30605, and is generally located west of Van Buren Street, north of 44th Avenue and east of Interstate 10 Freeway.
The District improvements include landscaping improvements along Golf Center Parkway, Mojave Drive, Yosemite Drive and at the end of Cape Cod Court; and median landscaping improvements on Golf Center Parkway.
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 28 of 51 The lots and dimensions of the parcels within the District are shown and identified on the County Assessor’s parcel maps and by reference these documents are made part of this Report.
District #47— Rancho Verde
The District includes 36 single-family residential lots within Tract 30935; generally located west of Calhoun Street, north of Avenue 48 and south of Dr. Carreon Blvd.
The District improvements include landscape parkway improvements along Dr. Carreon Blvd and Calhoun Street; park landscaping improvements on the corner of Tropical Whisper Court and Waterfall Way; and retention basin landscaping on Tropical Whisper Court.
The lots and dimensions of the parcels within the District are shown and identified on the County Assessor’s parcel maps and by reference these documents are made part of this Report.
District #48— Haciendas/Patton Park
The District is comprised of three (3) residential tracts, Tract 31686, Tract 31974 and Tract 31975, which contains 385 single-family residential lots that surround Patton Park on its east, south and northwest sides. Generally northeast of Interstate 10 Freeway, west of Golf Center Parkway (Van Buren Street) and south of Avenue 42 and north of Avenue 44.
The purpose of this District is to ensure the ongoing maintenance, operation and servicing of the landscaping improvements and amenities established or installed in connection with development of Patton Park and the properties within the District. The specific park improvements to be installed and constructed are identified in the plans entitled “Landscape Construction Plans for Hacienda Park, Beazer Homes, City of Indio, California” (the preliminary name designation for the proposed park now known as Patton Park), and by reference these plans are made part of this Report.
Park landscape improvements for the District may include, but are not limited to turf, groundcover, shrubs and plants, trees, irrigation and drainage systems, ornamental lighting, masonry walls or other fencing, trail surfaces, hardscape improvements, monuments, and associated appurtenant facilities located within Patton Park, or any landscape easements or public right-of-ways associated with the park and dedicated to the City for maintenance. The landscaping improvements include an automatic sprinkler system. The sprinkler system is a complete system that also includes drip irrigation and all other items incidental and necessary to make the system operational. The plant materials consist of a various types of trees, inter-spaced with a variety of shrubs, and the remaining open area planted with live and inert ground covers.
The lots and dimensions of the parcels within the District are shown and identified on the County Assessor’s parcel maps and by reference these documents are made part of this Report.
District #49— Avenue 42/Jackson Street
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 29 of 51 The District includes various lots and parcels of land designated for commercial development or non-residential use near the intersection of Avenue 42 and Jackson Street. These properties included but are not limited to: The Indio Towne Center (Regency-Home Depot project) located on the southeast corner of Avenue 42 and Jackson Street, encompassing most if not all of the commercially zoned property on the east side of Jackson Street between Avenue 42 and Interstate 10; The Shadow Hills Plaza located on the northwest corner of Avenue 42 and Jackson Street; and The properties located on the northeast corner of Avenue 42 and Jackson Street that are designate for non-residential use including the planned Shops at the Greens and the Indio Municipal Golf Course.
Zone A — includes those developments and or properties that are directly associated with parkway landscaping that has been installed and will be maintained by the City for that fiscal year. These properties will proportionately share in the net annual cost to maintain all improvements within the District for that fiscal year including operational (incidental) expenses. Beginning in fiscal year 2008/2009, parcels within the Indio Towne Center (Regency-Home Depot Development and the Shadow Hills Plaza are identified as Zone A parcels.
Zone B — includes those properties or future developments for which the parkway landscaping to be installed in connection with the development of those parcels or are directly associated with those properties will not be maintained by the City for that fiscal year. These properties will be assessed proportionately for maintenance of the District’s medians, drainage facilities, and operational (incidental) expenses. These properties shall only be assessed for their proportionate share of the parkway landscaping costs when their adjacent parkways are accepted for maintenance or the parcels comprising Zone A are being assessed at the maximum assessment rate and the revenue generated by those properties is insufficient to fund the existing parkway improvements. In such a case (although unlikely), the Zone B parcels shall be assessed for a portion of the parkway landscaping.
District #50— Desert Trace
The territory within this District consists of the lots and parcels of land within Tracts 30643- 1 and 30643-2 within the City of Indio and referred to by the City as the Desert Trace development. This residential subdivision consists of two-hundred and fifty-seven (257 planned parcels that include two-hundred and forty-eight (248 planned single-family residential home sites, associated public areas and easements as identified on the approved tract maps for Tracts 30643-1 and 30643-2, and by reference these maps and documents are made part of this Report. This District and the territory therein are generally located north of Interstate Highway 10 and Avenue 42, adjacent to and south of Avenue 41, adjacent to and east of Gore Street and adjacent to and west of Jackson Street.
The District includes the following improvements:
Jackson Street
Approximately 18,650 square feet of turf area landscaping located at, or near, the entryway to the development from Jackson Street (Desert Trace Way). Approximately 39,000 square feet of desert-style landscaping including various plants, trees and hardscape materials located:
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 30 of 51 From south of the entryway to the southern boundary of the development (7,900 square feet);
At the entryway (14,950 square feet); and
From north of the entryway up to Avenue 41 (16,200 square feet).
Avenue 41
Approximately 2,000 square feet of turf area landscaping located on the south side of Avenue 41 (at each of the two intersections on Avenue 41, Gore Street and Jackson Street).
Approximately 65,300 square feet of desert-style landscaping including various plants, trees and hardscape material located south side of Avenue 41.
Gore Street
Approximately 1,200 square feet of turf area landscaping located at or near the entryway to the development from Gore Street (Trace Lane). Approximately 29,000 square feet of desert-style landscaping including various plants, trees and hardscape materials located:
From south of the entryway (13,900 square feet);
At the entryway (1,850 square feet); and
From north of the entryway (13,250 square feet).
The lots and dimensions of the parcels within the District are shown and identified on the County Assessor’s parcel maps and by reference these documents are made part of this Report.
District #51— Desert Meadows
The territory within this District consists of Assessor’s Parcel Number 608-340-032 within the City of Indio and referred to by the City as the Desert Meadows development. This residential apartment development consists of 80 apartment units, a 4,000 square foot community center, and associated public areas. This District and the territory therein are generally located south of Fred Waring Drive, west of Clinton Street, adjacent to and east of Tract32425, and adjacent to and north of Tract31019.
The following is a general description of the landscape improvements provided by this District and for which properties may be assessed.
Clinton Street
Approximately 458 square feet of landscaping, including various trees, shrubs and hardscape materials on the west side of Clinton Street from Fred Waring Drive to north of and adjacent to Tract 31019, and at the entryway to the Desert Meadows development.
Fred Waring Drive
Approximately 360 square feet of landscaping, including various trees, shrubs and hardscape materials on the south side of Fred Waring Drive adjacent to the Desert
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2025/2026 LLD 01-22 and 24-29 and 31-54 Page 31 of 51 Meadows development from Clinton Street to east of and adjacent to Tract 32425, and at the exit from the Desert Meadows development onto Fred Waring Drive.
Median landscaping from the easterly limits of the Whitewater Storm Channel to Clinton Street.
The lots and dimensions of the parcels within the District are shown and identified on the County Assessor’s parcel maps and by reference these documents are made part of this Report.
District #52— Las Colinas
The District includes 126 residential parcels within Tract 31019 within the City of Indio and referred to by the City as the Las Colinas development. This District and the territory therein are generally located south of Fred Waring Drive and west of Clinton Street.
District improvements include the maintenance and servicing of landscaping within the public right-of-way, including the trimming, fertilizing, weeding and replanting of trees, shrubs, grass and other ornamental vegetation; and the maintenance and servicing of irrigation and electrical facilities associated with the landscaping, including but not limited to electricity for operation of the irrigation system and water for irrigation.
The lots and dimensions of the parcels within the District are shown and identified on the County Assessor’s parcel maps and by reference these documents are made part of this Report.
District #53— Monroe Street and Avenue 42
The territory within this District consists of Assessor’s Parcel Numbers 610-330-001 through 610-330-010, 610-330-017 through 610-330-021, 610-330-025 through 610-330- 029, 610-330-031, 610-330-033, 610-330-035 through 610-330-038, 610-330-040 and 610-330-045 through 610-330-047 within the City of Indio and referred to by the City as the Monroe Street and Avenue 42 development. These parcels consist of approximately 87 acres. The District and the territory therein are generally located south of Avenue 42 and East of Monroe Street.
The following is a general description of the landscape improvements provided by this District and for which properties may be assessed.
Avenue 42
Landscaping on the south side of Avenue 42 from Monroe Street going east to Spectrum Street, including various trees, shrubs and hardscape materials.
Median landscaping and hardscaping from Monroe Street to Spectrum Street.
Monroe Street
Landscaping on the east side of Monroe Street from Avenue 42 going south to Showcase Parkway, including various trees, shrubs and hardscape materials.
Median hardscaping from Avenue 42 to Showcase Parkway.
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The lots and dimensions of the parcels within the District are shown and identified on the County Assessor’s parcel maps and by reference these documents are made part of this Report.
District #54 – County Law Building
The property known as the County Law Building is located on the southwest corner of Highway 111 and Jackson Street, encompassing Assessor’s Parcel Number 614-050- 060.
The improvements include landscaping along Highway 111 and Jackson Street, as well as street median landscaping and hardscaping.
The lots and dimensions of the parcels within the District are shown and identified on the County Assessor’s parcel maps and by reference these documents are made part of this Report.
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A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in each District should therefore reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on benefit to each parcel.
In addition, pursuant to Article XIIID Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits are assessable and the Consolidated District must separate the general benefits from the special benefits. As discussed in the Benefit Analysis, it has been determined that there is no measurable general benefit to properties outside the Districts.
B. ASSESSMENT METHODOLOGY
Equivalent Benefit Units: To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit method of apportionment uses the single-family home as the basic unit of assessment. A single- family residential property equals one Equivalent Benefit Unit (“EBU”). Every other land- use is converted to EBU’s based on an assessment formula that equates the property’s specific development status, type of development (land-use), and size of the property, as compared to a single-family residential property.
The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for calculating benefit in districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of land-use type, size and development.
Most of the Districts are comprised primarily or entirely of subdivided residential properties or planned residential subdivisions (except Districts noted below). In examining the various properties within these Districts and the improvements provided and maintained, it has been determined that each parcel to be assessed receives similar and equal benefits and should be assessed equally. Therefore, the annual assessment can be computed by dividing the total annual cost to provide the improvements by the number of eligible parcels within the District. This results in a uniform assessment for each parcel. Any common areas or easements within the development subdivisions receive no special benefit and are not assessed.
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Parcel Type EBU x Acres or Units = Parcel EBU
The total number of Equivalent Benefit Units (EBU’s) for each District is the sum of individual EBU’s applied to parcels in the District that receive a special benefit from the District improvements. An assessment amount per EBU (“Levy Rate”) is established by taking the total cost of the improvements to be assessed and dividing that amount by the total number of EBU’s of parcels benefiting from the improvements. This Levy Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for that improvement.
Total Balance to Levy / Total EBU = Levy Rate per EBU
Levy Rate per EBU x Parcel EBU = Parcel Levy Amount
The following considerations pertain to the Districts noted below:
District 08: This District includes the Southern Pacific Railroad property, which is adjacent to the District improvements and the parcels identified on Parcel Map 23228.
Parcels that receive benefits from the improvements but are identified by the County as non-taxable properties cannot be assessed on the County tax rolls (e.g. the Southern Pacific Railroad property). The County will not generate a tax bill for non-taxable parcels and any annual assessment to be collected for these properties must be hand-billed to the property owner by the City.
Parcel 610-020-014 is adjacent to the District improvements and is identified as Southern Pacific Railroad property with a depth of 150 feet (3.23 acres). This parcel is an SBE property, (State Board of Equalization) and classified as non-taxable by the County.
Therefore, the County will not generate a tax bill for this parcel and the annual assessment must be hand-billed. This parcel represents 31% of the total assessment for the District (5.61 EBU of the total 17.89 EBU).
District 13: This District provides for the operation, maintenance and servicing of perimeter landscaping associated with the Indio Center Plaza. The method of apportionment established at the time the District was formed, identified that the improvements enhanced the property within the District and that the benefit received by each parcel is best calculated by the parcel’s proportionate front footage along Miles Avenue. An assessment rate per front footage is calculated by dividing the total estimate annual costs by the total front footage on Miles Avenue. This assessment rate multiplied by each parcel’s individual front footage (as shown on the assessment diagram entitled "Indio Center Plaza Maintenance District Diagram") established each parcel’s proportional benefit and levy amount.
The proportional benefit and assessment for subsequent lot line adjustments or parcel reconfigurations are recalculated based on the new front footage of each parcel. Where a reconfiguration (parcel change) results in one or more children parcels having no direct front footage on Miles Avenue, the total front footage originally applied to the parent parcel will be apportioned to each of the children parcels based on their respective acreage. (This
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District 17: The original method of apportionment established for this District utilized parcel square footage to calculate each parcel’s proportional benefit from the District improvements. However, in application, the calculation of each parcel’s proportional benefit and annual assessment utilizes parcel acreage rather than square footage. Parcel acreage is identified on the Assessor’s Parcel Maps and electronically maintained by the County Assessor’s Office (rather than square footage), and therefore a more quantifiable and consistent measurement of a parcel’s size and benefit. The use of acreage data rather than square footage data does not change any parcel’s proportionate share of the improvement costs. The following formula is used to calculate the annual assessment rate for this District:
Total Balance to Levy / Total Acreage = Levy Rate per Acre
District 45: For this District, each proposed commercial or industrial unit at buildout is used as the basic unit of assessment and is assigned one benefit unit or 1.0 Equivalent Benefit Unit (EBU). Based on the approved development plans for Shadow Hills Business Park, the total number of Equivalent Benefit Units for the District is 46.0 EBU (46 assessable commercial or industrial lots). An assessment amount per EBU (Rate) for the improvements is established by taking the total “Balance to Levy,” and dividing that amount by the total number of “Equivalent Benefit Units” (EBUs). This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. For this District, the rate and assessment per EBU is essentially the same as a per parcel assessment.
Total Balance to Levy / Total EBU = Levy per EBU (assessment rate)
Levy per EBU x Parcel EBU = Parcel Levy Amount
District 53: For this District, each of the Equivalent Benefit Units for the District is equal to the Total Front Footage (TFF).
C. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirement. The Brown Act defines the terms "new or increased assessment" to exclude certain conditions.
These certain conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition was later confirmed by Senate Bill 919 (Proposition 218 implementing legislation).
The City has adopted a policy of including a fixed 3% annual inflationary factor (assessment range formula) for property owner approval when a District is balloted for an increased assessment. This 3% annual adjustment provides for reasonable increases and inflationary adjustment to the maximum assessment approved by the property owners.
The adoption of an assessment range formula does not mean the annual assessments will increase each year nor does it restrict the assessments to the adjustment amount.
Although the maximum assessment amount allowed shall be adjusted up by 3% each year, the actual amount assessed will be based on District costs (budget). If the proposed
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District # 52, Las Colinas, was established by the County of Riverside to include an annual inflationary factor equal to the greater of 2% or the cumulative increase of the (1) Los Angeles-Long Beach-Anaheim Area CPI-U from March 2005 to March of current year. For fiscal year 2025/2026, the total CPI change from fiscal year 2005/2006 is 71.01% cumulatively. The CPI change from the previous year is 3.02%. (1) Beginning January 2018, the Bureau of Labor Statistics changed the index from Los Angeles-Riverside-Orange County Area to the current Index Los Angeles-Long Beach-Anaheim Area.
Pursuant to property owner protest ballot proceedings, an inflationary adjustment is applicable to the following Districts:
District No. District Name
District #03 Park Paseo
District #08 Lumbermen’s Business Park
District #09 Pan American
District #12 Park Madison
District #14 Wildflower
District #17 Highway 111
District #18 Encanto Homes
District #21 Santa Rosa
District #24 California Palms
District #25 Veranda
District #26 Rincon Homes
District #31 Waring Palms
District #32 Montego Dunes
District #33 Villa Estates
District #34 Madison Ranch
District #35 Corta Bella
District #36 Bella Vida
District #37 Las Brisas North
District #38 Encanto Collection
District #39 Monticello
District #40 Shadow Hills (Jackson)
District #41 Sunburst
District #42 Quails’ Gate Estates
District #43 Whittier Ranch
District #44 Palazzo
District #45 Shadow Hills Bus. Park
District #46 Bella Tierra
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District #47 Rancho Verde
District #48 General George S. Patton Park
District #49 Ave 42/Jackson Street
District #50 Desert Trace
District #51 Desert Meadows
District #53 Monroe Street and Avenue 42
District #54 County Law Building
The property owners in the remaining eighteen (18) Districts included in this Report have not approved an assessment range formula. The maximum assessments for these Districts and may not be increased without approval of the property owners through a protest ballot proceeding.
V. CONSOLIDATED DISTRICT BUDGET
The following pages provide the proposed budget and assessment rate for each of the Districts and Zones within the Consolidated District for Fiscal Year 2025/2026. These budgets include the City’s estimate of expenditures, deficits, surpluses, revenues, and reserves. The estimated direct and administrative annual expenses budgeted, represents the total cost to provide for the maintenance and operation of the District improvements for the fiscal year. This amount may be increased by the collection of additional funds to be set aside for operational reserves planned for the Districts. The total expenses may also be reduced by transfers from these available funds as well as from contributions or advances made from the general fund or other revenue sources. Together, the total expenses plus or minus any adjustments represents the total amount to be levied for the fiscal year (Balance to Levy). The Balance to Levy divided by the Total Equivalent Benefit Units establishes the assessment rate for the fiscal year, but shall not exceed the maximum assessment rate previously approved. Each parcel within a District is assessed proportionately for only those improvements that provided special benefits to the parcel at the proposed budgeted assessment/levy rate.
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District Description
District 01 District 02 District 03 District 04A
SUNDANCE SUN TREE
RANCH
PARK
PASEO
JACKSON
PARK ZONE
A
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $482 $1,339 $1,000 $318 Construction Services (240-523006) 0 0 2,000 0
Electric Service (240-523012) 320 200 0 95
R&M Landscape (240-523027) 11,780 7,990 20,759 8,467
Water Services (240-523045) 9,817 0 2,955 254
Horticulture (240-531024) 0 0 0 318
Repair Supplies (240-531054) 1,000 1,000 0 0
Direct Subtotal $23,399 $10,529 $26,714 $9,452
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $1,872 $842 $2,137 $756
Professional Fees 724 136 200 152
County Fees 200 108 119 111
Admin. Subtotal (240-521048) $2,795 $1,087 $2,456 $1,019 Total Direct and Admin. Costs $26,194 $11,616 $29,170 $10,471
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $0 ($4,905) ($5,239) ($3,416) Improvement Fund Collection 0 0 0 0
General Fund Contribution (1,699) 0 0 0
Contribution Subtotal ($1,699) ($4,905) ($5,239) ($3,416) BALANCE TO LEVY $24,495 $6,711 $23,931 $7,055
DISTRICT STATISTICS
Total Parcels 314 59 87 66
Total Parcels Levied 313 59 87 66
Total Equivalent Benefit Unit (EBU) 313 59 87 66
FY 2025/2026 Levy Rate per EBU $78.26 $113.74 $275.06 $106.90 FY 2025/2026 Maximum Levy per EBU Allowed $78.26 $113.74 $275.07 $106.90 OVER/UNDER MAXTAX $0.0000 $0.0000 $0.0100 $0.0000
Assessment Range Formula Applied N/A N/A 3.00% N/A
Approved in: N/A N/A 2000/2001 N/A
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 ($22,095) $15,560 $41,178 $12,179 Fiscal Year 2025/2026 Collection/(Contribution) 0 (4,905) (5,239) (3,416) Transferred to Capital Improvement 0 (4,847) (21,353) (3,527) Estimated Ending Balance 6/30/2026 ($22,095) $5,808 $14,585 $5,236 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $0 $4,847 $21,353 $3,527 Fiscal Year 2025/2026 Collection 482 1,339 1,000 318 Anticipated Improvement FY 2025/2026 (482) (1,339) (1,000) (318) Estimated Ending Balance 6/30/2026 $0 $4,847 $21,353 $3,527 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
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District 04B District 04C District 04
Sub-Total District 05
JACKSON
PARK ZONE
B
JACKSON
PARK ZONE
C
JACKSON
PARK
DAYBREAK/
PACESETTER
HOMES
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $181 $2 $500 $515
Construction Services (240-523006) 0 0 0 0
Electric Service (240-523012) 54 0 150 300
R&M Landscape (240-523027) 4,825 41 13,333 6,240
Water Services (240-523045) 145 1 400 2,500
Horticulture (240-531024) 181 2 500 0
Repair Supplies (240-531054) 0 0 0 0
Direct Subtotal $5,386 $46 $14,883 $9,555
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $431 $4 $1,191 $764
Professional Fees 106 5 263 422
County Fees 104 88 303 153
Admin. Subtotal (240-521048) $641 $96 $1,756 $1,339
Total Direct and Admin. Costs $6,027 $142 $16,641 $10,894
LEVY BREAKDOWN
Reserve Fund Collection/Contribution ($2,005) ($58) ($5,479) ($1,682) Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 (51) (51) 0
Contribution Subtotal ($2,005) ($109) ($5,529) ($1,682) BALANCE TO LEVY $4,022 $34 $11,111 $9,212
DISTRICT STATISTICS
Total Parcels 46 2 114 183
Total Parcels Levied 46 2 114 183
Total Equivalent Benefit Unit (EBU) 46 2 114 183
FY 2025/2026 Levy Rate per EBU $87.44 $16.82 $50.34 FY 2025/2026 Maximum Levy per EBU Allowed $87.44 $16.82 $50.34 OVER/UNDER MAXTAX $0.0000 $0.0000 $0.0000
Assessment Range Formula Applied N/A N/A N/A N/A
Approved in: N/A N/A N/A N/A
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $6,943 $58 $19,180 $19,014 Fiscal Year 2025/2026 Collection/(Contribution) (2,005) (58) (5,479) (1,682) Transferred to Capital Improvement (1,925) 0 (5,380) (11,885) Estimated Ending Balance 6/30/2026 $3,014 $0 $8,320 $5,447 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $1,925 $0 $5,380 $11,885 Fiscal Year 2025/2026 Collection 181 2 500 515
Anticipated Improvement FY 2025/2026 (181) (2) (500) (515) Estimated Ending Balance 6/30/2026 $1,925 $0 $5,380 $11,885 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values
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District 06 District 07A District 07B District 07
Sub-Total
WHISPERING
PALMS
SUN PARK
A
SUN PARK
B SUN PARK
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $500 $0 $0 $0
Construction Services (240-523006) 0 0 0 0
Electric Service (240-523012) 500 127 23 150
R&M Landscape (240-523027) 11,110 6,208 1,136 7,344
Water Services (240-523045) 10,499 1,944 356 2,300
Horticulture (240-531024) 0 0 0 0
Repair Supplies (240-531054) 500 423 77 500
Direct Subtotal $23,109 $8,702 $1,592 $10,294
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $1,849 $696 $127 $824
Professional Fees 1,175 181 54 235
County Fees 271 115 96 210
Admin. Subtotal (240-521048) $3,295 $992 $277 $1,269 Total Direct and Admin. Costs $26,404 $9,694 $1,869 $11,563
LEVY BREAKDOWN
Reserve Fund Collection/Contribution ($914) $0 $0 $0
Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 (6,105) (1,450) (7,556)
Contribution Subtotal ($914) ($6,105) ($1,450) ($7,556) BALANCE TO LEVY $25,490 $3,588 $419 $4,007
DISTRICT STATISTICS
Total Parcels 510 77 25 102
Total Parcels Levied 510 77 23 100
Total Equivalent Benefit Unit (EBU) 510 77 23 100
FY 2025/2026 Levy Rate per EBU $49.98 $46.60 $18.22
FY 2025/2026 Maximum Levy per EBU Allowed $49.98 $46.60 $18.22 OVER/UNDER MAXTAX $0.0000 $0.0000 $0.0000
Assessment Range Formula Applied N/A N/A N/A N/A
Approved in: N/A N/A N/A N/A
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $48,173 ($4,829) ($564) ($5,393) Fiscal Year 2025/2026 Collection/(Contribution) (914) 0 0 0 Transferred to Capital Improvement (34,057) 0 0 0
Estimated Ending Balance 6/30/2026 $13,202 ($4,829) ($564) ($5,393) Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $34,057 $0 $0 $0 Fiscal Year 2025/2026 Collection 500 0 0 0
Anticipated Improvement FY 2025/2026 (500) 0 0 0
Estimated Ending Balance 6/30/2026 $34,057 $0 $0 $0
*Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
District
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District Description
District 08 District 09 District 10 District 11
LUMBERMAN’S
PARK
PAN
AMERICAN
LIBERTY
VILLAGE /
DESERT
SONG
SANTA FE
HOMES
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $250 $500 $500 $500 Construction Services (240-523006) 0 500 0 0
Electric Service (240-523012) 0 316 150 150
R&M Landscape (240-523027) 10,940 15,627 9,310 12,160
Water Services (240-523045) 1,000 4,922 3,920 9,000
Horticulture (240-531024) 0 0 0 0
Repair Supplies (240-531054) 500 500 500 500
Direct Subtotal $12,690 $22,365 $14,380 $22,310
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $1,015 $1,789 $1,150 $1,785
Professional Fees 25 436 251 385
County Fees 92 155 126 147
Admin. Subtotal (240-521048) $1,132 $2,380 $1,527 $2,317 Total Direct and Admin. Costs $13,822 $24,745 $15,907 $24,627
LEVY BREAKDOWN
Reserve Fund Collection/Contribution ($550) $7,362 ($1,079) $1,088 Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 0 0 0
Contribution Subtotal ($550) $7,362 ($1,079) $1,088
BALANCE TO LEVY $13,273 $32,107 $14,828 $25,715
DISTRICT STATISTICS
Total Parcels 12 189 109 167
Total Parcels Levied 12 189 107 167
Total Equivalent Benefit Unit (EBU) 17.89 189 107 167 FY 2025/2026 Levy Rate per EBU $741.90 $169.88 $138.58 $153.98 FY 2025/2026 Maximum Levy per EBU Allowed $741.90 $169.88 $138.58 $153.98 OVER/UNDER MAXTAX $0.0000 $0.0000 $0.0000 $0.0000
Assessment Range Formula Applied 3.00% 3.00% N/A N/A
Approved in: 1999/2000 2000/2001 N/A N/A
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $13,079 $41,452 $50,365 $3,954 Fiscal Year 2025/2026 Collection/(Contribution) (550) 7,362 (1,079) 1,088 Transferred to Capital Improvement (5,618) (36,442) (41,332) 0 Estimated Ending Balance 6/30/2026 $6,911 $12,373 $7,954 $5,041 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $5,618 $36,442 $41,332 $0 Fiscal Year 2025/2026 Collection 250 500 500 500
Anticipated Improvement FY 2025/2026 (250) (500) (500) (500) Estimated Ending Balance 6/30/2026 $5,618 $36,442 $41,332 $0 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
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District Description
District 12 District 13 District 14 District 15
PARK
MADISON
INDIO
CENTER
PLAZA
WILDFLOWER VILLA
PACIFIC
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $500 $0 $500 $0
Construction Services (240-523006) 0 0 0 0
Electric Service (240-523012) 200 3,300 200 225
R&M Landscape (240-523027) 8,850 11,400 7,870 7,050
Water Services (240-523045) 2,200 3,700 2,200 1,500
Horticulture (240-531024) 0 0 0 0
Repair Supplies (240-531054) 500 500 500 3,500
Direct Subtotal $12,250 $18,900 $11,270 $12,275
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $980 $1,512 $902 $982
Professional Fees 85 46 184 111
County Fees 101 93 116 105
Admin. Subtotal (240-521048) $1,166 $1,651 $1,202 $1,197 Total Direct and Admin. Costs $13,416 $20,551 $12,472 $13,472
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $1,497 ($6,497) $569 ($320) Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 (4,615) 0 (9,850)
Contribution Subtotal $1,497 ($11,112) $569 ($10,170) BALANCE TO LEVY $14,913 $9,440 $13,041 $3,302
DISTRICT STATISTICS
Total Parcels 37 19 80 48
Total Parcels Levied 37 16 80 48
Total Equivalent Benefit Unit (EBU) 37 1,259 80 48
FY 2025/2026 Levy Rate per EBU $403.04 $7.50 $163.00 $68.80 FY 2025/2026 Maximum Levy per EBU Allowed $403.05 $7.50 $163.01 $68.80 OVER/UNDER MAXTAX $0.0100 $0.0000 $0.0100 $0.0000
Assessment Range Formula Applied 3.00% N/A 3.00% N/A
Approved in: 2000/2001 N/A 2000/2001 N/A
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $29,110 $6,497 $21,510 $320 Fiscal Year 2025/2026 Collection/(Contribution) 1,497 (6,497) 569 (320) Transferred to Capital Improvement (23,899) 0 (15,843) 0 Estimated Ending Balance 6/30/2026 $6,708 $0 $6,236 $0 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $23,899 $0 $15,843 $0 Fiscal Year 2025/2026 Collection 500 0 500 0
Anticipated Improvement FY 2025/2026 (500) 0 (500) 0
Estimated Ending Balance 6/30/2026 $23,899 $0 $15,843 $0 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
District
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District Description
District 16 District 17 District 18 District 19
ZALAY
RANCH
HIGHWAY
111
ENCANTO
HOMES
PALM
MEADOWS
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $107 $0 $500 $0
Construction Services (240-523006) 0 2,000 0 0
Electric Service (240-523012) 150 0 200 300
R&M Landscape (240-523027) 6,140 13,560 9,000 13,951
Water Services (240-523045) 2,000 3,200 1,300 9,326
Horticulture (240-531024) 500 0 500 0
Repair Supplies (240-531054) 0 500 0 500
Direct Subtotal $8,897 $19,260 $11,500 $24,077
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $712 $1,541 $920 $1,926
Professional Fees 83 67 168 505
County Fees 100 97 114 166
Admin. Subtotal (240-521048) $895 $1,705 $1,202 $2,597 Total Direct and Admin. Costs $9,792 $20,965 $12,702 $26,674
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $0 ($9,028) $5,377 $0 Improvement Fund Collection 0 0 0 0
General Fund Contribution (3,914) 0 0 (5,177)
Contribution Subtotal ($3,914) ($9,028) $5,377 ($5,177) BALANCE TO LEVY $5,878 $11,937 $18,078 $21,497
DISTRICT STATISTICS
Total Parcels 36 29 73 219
Total Parcels Levied 36 28 73 219
Total Equivalent Benefit Unit (EBU) 36 44 73 219
FY 2025/2026 Levy Rate per EBU $163.28 $271.72 $247.64 $98.16 FY 2025/2026 Maximum Levy per EBU Allowed $163.28 $271.72 $247.65 $98.16 OVER/UNDER MAXTAX $0.0000 $0.0000 $0.0100 $0.0000
Assessment Range Formula Applied N/A 3.00% 3.00% N/A
Approved in: N/A 1999/2000 2000/2001 N/A
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 ($3,519) $32,390 $48,067 ($19,005) Fiscal Year 2025/2026 Collection/(Contribution) 0 (9,028) 5,377 0 Transferred to Capital Improvement 0 (12,880) (47,093) 0 Estimated Ending Balance 6/30/2026 ($3,519) $10,482 $6,351 ($19,005) Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $0 $12,880 $47,093 $0 Fiscal Year 2025/2026 Collection 107 0 500 0
Anticipated Improvement FY 2025/2026 (107) 0 (500) 0
Estimated Ending Balance 6/30/2026 $0 $12,880 $47,093 $0 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
District 24
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District Description
District 20 District 21 District 22 District 24
EL CID SANTA ROSA RIVERBEND CALIFORNIA
PALMS
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $0 $500 $0 $0
Construction Services (240-523006) 0 0 0 0
Electric Service (240-523012) 0 350 300 350
R&M Landscape (240-523027) 6,570 24,600 6,000 7,800
Water Services (240-523045) 600 8,800 2,100 5,500
Horticulture (240-531024) 0 0 500 500
Repair Supplies (240-531054) 0 500 0 0
Direct Subtotal $7,170 $34,750 $8,900 $14,150
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $574 $2,780 $712 $1,132
Professional Fees 46 260 141 265
County Fees 94 123 109 129
Admin. Subtotal (240-521048) $714 $3,163 $962 $1,526 Total Direct and Admin. Costs $7,884 $37,913 $9,862 $15,676
LEVY BREAKDOWN
Reserve Fund Collection/Contribution ($4,714) $2,105 $0 $0 Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 0 (5,791) 0
Contribution Subtotal ($4,714) $2,105 ($5,791) $0
BALANCE TO LEVY $3,170 $40,018 $4,071 $15,676
DISTRICT STATISTICS
Total Parcels 20 113 61 115
Total Parcels Levied 20 99 61 115
Total Equivalent Benefit Unit (EBU) 20 99 61 115
FY 2025/2026 Levy Rate per EBU $158.50 $404.22 $66.74 $136.30 FY 2025/2026 Maximum Levy per EBU Allowed $158.50 $404.22 $66.74 $223.61 OVER/UNDER MAXTAX $0.0000 $0.0000 $0.0000 $87.3100
Assessment Range Formula Applied N/A 3.00% N/A 3.00%
Approved in: N/A 2000/2001 N/A 2000/2001
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $6,124 $18,890 ($6,122) $116,861 Fiscal Year 2025/2026 Collection/(Contribution) (4,714) 2,105 0 0 Transferred to Capital Improvement 0 0 0 (109,023)
Estimated Ending Balance 6/30/2026 $3,942 $20,995 ($6,122) $7,838 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $0 $0 $0 $109,023 Fiscal Year 2025/2026 Collection 0 500 0 0
Anticipated Improvement FY 2025/2026 0 (500) 0 0
Estimated Ending Balance 6/30/2026 $0 $0 $0 $109,023 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
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District 25 District 26 District 27 District 28
VERANDAS RINCON
HOMES
SUMMER
PLACE
CALIFORNIA
PALMS II
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $0 $1,000 $0 $0
Construction Services (240-523006) 0 0 0 0
Electric Service (240-523012) 200 500 264 274
R&M Landscape (240-523027) 10,640 19,284 9,918 11,323
Water Services (240-523045) 5,800 15,000 7,416 6,861
Horticulture (240-531024) 0 0 0 206
Repair Supplies (240-531054) 500 500 500 100
Direct Subtotal $17,140 $36,284 $18,098 $18,764
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $1,371 $2,903 $1,448 $1,501
Professional Fees 226 279 360 217
County Fees 123 131 143 121
Admin. Subtotal (240-521048) $1,720 $3,312 $1,951 $1,839 Total Direct and Admin. Costs $18,860 $39,596 $20,049 $20,603
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $8,852 $19,356 $0 ($4,965) Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 0 (4,449) 0
Contribution Subtotal $8,852 $19,356 ($4,449) ($4,965) BALANCE TO LEVY $27,711 $58,952 $15,600 $15,638
DISTRICT STATISTICS
Total Parcels 98 121 156 94
Total Parcels Levied 98 121 156 94
Total Equivalent Benefit Unit (EBU) 98 121 156 94
FY 2025/2026 Levy Rate per EBU $282.76 $487.20 $100.00 $166.36 FY 2025/2026 Maximum Levy per EBU Allowed $282.77 $487.21 $100.00 $166.36 OVER/UNDER MAXTAX $0.0100 $0.0100 $0.0000 $0.0000
Assessment Range Formula Applied 3.00% 3.00% N/A N/A
Approved in: 1999/2000 1999/2000 N/A N/A
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $42,958 $17,927 ($13,803) $21,423 Fiscal Year 2025/2026 Collection/(Contribution) 8,852 19,356 0 (4,965) Transferred to Capital Improvement (42,380) 0 0 (6,156) Estimated Ending Balance 6/30/2026 $9,430 $37,283 ($13,803) $10,301 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $42,380 $0 $0 $6,156 Fiscal Year 2025/2026 Collection 0 1,000 0 0
Anticipated Improvement FY 2025/2026 0 (1,000) 0 0
Estimated Ending Balance 6/30/2026 $42,380 $0 $0 $6,156 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
District 33
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District Description
District 29 District 31 District 32 District 33
CHEYENNE
RANCH
WARING
PALMS
MONTEGO
DUNES
VILLA
ESTATES
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $0 $0 $0 $0
Construction Services (240-523006) 0 0 0 0
Electric Service (240-523012) 300 0 0 500
R&M Landscape (240-523027) 12,349 8,950 29,401 28,044
Water Services (240-523045) 2,500 3,200 5,600 4,800
Horticulture (240-531024) 100 0 206 0
Repair Supplies (240-531054) 0 0 1,195 500
Direct Subtotal $15,249 $12,150 $36,402 $33,844
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $1,220 $972 $2,912 $2,708
Professional Fees 182 330 277 240
County Fees 115 138 129 123
Admin. Subtotal (240-521048) $1,517 $1,439 $3,318 $3,070 Total Direct and Admin. Costs $16,766 $13,589 $39,720 $36,914
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $0 $3,036 $9,569 ($2,302) Improvement Fund Collection 0 0 0 0
General Fund Contribution (1,536) 0 0 0
Contribution Subtotal ($1,536) $3,036 $9,569 ($2,302) BALANCE TO LEVY $15,230 $16,625 $49,289 $34,612
DISTRICT STATISTICS
Total Parcels 79 143 120 104
Total Parcels Levied 78 140 117 100
Total Equivalent Benefit Unit (EBU) 78 140 117 100
FY 2025/2026 Levy Rate per EBU $195.26 $118.74 $421.26 $346.12 FY 2025/2026 Maximum Levy per EBU Allowed $195.26 $118.75 $421.27 $346.12 OVER/UNDER MAXTAX $0.0000 $0.0100 $0.0100 $0.0000
Assessment Range Formula Applied N/A 3.00% 3.00% 3.00%
Approved in: N/A 2003/2004 2003/2004 2003/2004
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 ($1,369) $23,974 $61,831 $30,347 Fiscal Year 2025/2026 Collection/(Contribution) 0 3,036 9,569 (2,302) Transferred to Capital Improvement 0 (20,215) (51,540) (9,588) Estimated Ending Balance 6/30/2026 ($1,369) $6,795 $19,860 $18,457 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $0 $20,215 $51,540 $9,588 Fiscal Year 2025/2026 Collection 0 0 0 0
Anticipated Improvement FY 2025/2026 0 0 0 0
Estimated Ending Balance 6/30/2026 $0 $20,215 $51,540 $9,588 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values. 7
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District Description
District 34 District 35 District 36 District 37
MADISON
RANCH
CORTA
BELLA
BELLA
VIDA
LAS
BRISAS
NORTH
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $0 $0 $1,000 $7,500 Construction Services (240-523006) 10,000 0 0 0
Electric Service (240-523012) 413 0 0 2,000
R&M Landscape (240-523027) 23,320 15,094 28,250 50,638
Water Services (240-523045) 11,000 3,800 5,200 12,700
Horticulture (240-531024) 309 0 206 500
Repair Supplies (240-531054) 895 100 500 500
Direct Subtotal $45,937 $18,994 $35,156 $73,838
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $3,675 $1,520 $2,812 $5,907
Professional Fees 336 71 194 555
County Fees 137 97 115 168
Admin. Subtotal (240-521048) $4,149 $1,688 $3,121 $6,630 Total Direct and Admin. Costs $50,086 $20,682 $38,277 $80,468
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $27,557 $0 $142 $10,738 Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 (4,736) 0 0
Contribution Subtotal $27,557 ($4,736) $142 $10,738
BALANCE TO LEVY $77,643 $15,946 $38,419 $91,206
DISTRICT STATISTICS
Total Parcels 146 31 84 241
Total Parcels Levied 139 28 78 224
Total Equivalent Benefit Unit (EBU) 139 28 78 224
FY 2025/2026 Levy Rate per EBU $558.58 $569.50 $492.54 $407.16 FY 2025/2026 Maximum Levy per EBU Allowed $558.58 $569.50 $492.55 $407.17 OVER/UNDER MAXTAX $0.0000 $0.0000 $0.0100 $0.0100
Assessment Range Formula Applied 3.00% 3.00% 3.00% 3.00% Approved in: 2003/2004 2003/2004 2003/2004 2003/2004
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $55,184 ($4,654) $25,728 $33,783 Fiscal Year 2025/2026 Collection/(Contribution) 27,557 0 142 10,738 Transferred to Capital Improvement (57,698) 0 (6,731) 0 Estimated Ending Balance 6/30/2026 $25,043 ($4,654) $19,139 $44,520 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $57,698 $0 $6,731 $0 Fiscal Year 2025/2026 Collection 0 0 1,000 7,500
Anticipated Improvement FY 2025/2026 0 0 (1,000) (7,500) Estimated Ending Balance 6/30/2026 $57,698 $0 $6,731 $0 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
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District Description
District 38 District 39 District 40 District 41
ENCANTO
COLLECTION
AT VILLA
MONTEGO
MONTICELLO
II AT
HERITAGE
PALMS
SHADOW
HILLS SUNBURST
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $0 $0 $0 $0
Construction Services (240-523006) 7,500 10,000 20,000 3,000 Electric Service (240-523012) 1,521 400 0 0
R&M Landscape (240-523027) 132,523 47,436 44,639 23,900 Water Services (240-523045) 27,030 9,506 10,000 5,600
Horticulture (240-531024) 1,978 0 0 0
Repair Supplies (240-531054) 500 500 500 500
Direct Subtotal $171,052 $67,842 $75,139 $33,000
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $13,684 $5,427 $6,011 $2,640
Professional Fees 1,053 357 1,198 316
County Fees 249 136 261 136
Admin. Subtotal (240-521048) $14,986 $5,921 $7,471 $3,092 Total Direct and Admin. Costs $186,038 $73,763 $82,610 $36,092
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $36,338 $18,558 $8,662 $805 Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 0 0 0
Contribution Subtotal $36,338 $18,558 $8,662 $805
BALANCE TO LEVY $222,376 $92,321 $91,271 $36,897
DISTRICT STATISTICS
Total Parcels 457 155 520 137
Total Parcels Levied 449 136 483 135
Total Equivalent Benefit Unit (EBU) 449 136 483 135
FY 2025/2026 Levy Rate per EBU $495.26 $678.82 $188.96 $273.30 FY 2025/2026 Maximum Levy per EBU Allowed $495.27 $678.83 $206.90 $273.31 OVER/UNDER MAXTAX $0.0100 $0.0100 $17.9400 $0.0100
Assessment Range Formula Applied 3.00% 3.00% 3.00% 3.00% Approved in: 2003/2004 2003/2004 2004/2005 2004/2005
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $115,888 $41,143 $64,891 $54,039 Fiscal Year 2025/2026 Collection/(Contribution) 36,338 18,558 8,662 805 Transferred to Capital Improvement (59,207) (22,819) (32,247) (36,798) Estimated Ending Balance 6/30/2026 $93,019 $36,881 $41,305 $18,046 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $59,207 $22,819 $32,247 $36,798 Fiscal Year 2025/2026 Collection 0 0 0 0
Anticipated Improvement FY 2025/2026 0 0 0 0
Estimated Ending Balance 6/30/2026 $59,207 $22,819 $32,247 $36,798 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
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District 42 District 43 District 44 District 45
QUAILS
GATE
ESTATES
WHITTIER
RANCH PALAZZO
SHADOW
HILLS BUS.
PARK
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $0 $0 $0 $0
Construction Services (240-523006) 0 58,000 20,000 0
Electric Service (240-523012) 0 1,612 0 0
R&M Landscape (240-523027) 0 73,585 34,757 26,150
Water Services (240-523045) 0 10,939 5,500 4,193
Horticulture (240-531024) 0 793 3,090 0
Repair Supplies (240-531054) 0 1,925 100 100
Direct Subtotal $0 $146,854 $63,447 $30,443
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $0 $11,748 $5,076 $2,435
Professional Fees 18 332 371 99
County Fees 90 137 141 102
Admin. Subtotal (240-521048) $109 $12,217 $5,587 $2,637 Total Direct and Admin. Costs $109 $159,071 $69,034 $33,080
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $5,173 ($50,392) $1,010 $32,325 Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 0 0 0
Contribution Subtotal $5,173 ($50,392) $1,010 $32,325 BALANCE TO LEVY $5,282 $108,679 $70,044 $65,405
DISTRICT STATISTICS
Total Parcels 8 144 158 42
Total Parcels Levied 8 138 148 42
Total Equivalent Benefit Unit (EBU) 8 138 148 42
FY 2025/2026 Levy Rate per EBU $660.24 $787.52 $473.26 $1,557.26 FY 2025/2026 Maximum Levy per EBU Allowed $660.25 $787.53 $473.27 $1,557.26 OVER/UNDER MAXTAX $0.0100 $0.0100 $0.0100 $0.0000
Assessment Range Formula Applied 3.00% 3.00% 3.00% 3.00% Approved in: 2004/2005 2005/2006 2005/2006 2005/2006
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $27,492 $254,590 $102,414 $81,302 Fiscal Year 2025/2026 Collection/(Contribution) 5,173 (50,392) 1,010 32,325 Transferred to Capital Improvement (32,611) (124,663) (68,906) (97,087) Estimated Ending Balance 6/30/2026 $54 $79,536 $34,517 $16,540 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $32,611 $124,663 $68,906 $97,087 Fiscal Year 2025/2026 Collection 0 0 0 0
Anticipated Improvement FY 2025/2026 0 0 0 0
Estimated Ending Balance 6/30/2026 $32,611 $124,663 $68,906 $97,087 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
49A
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District 46 District 47 District 48 District 49
A
BELLA
TIERRA
RANCHO
VERDE
HACIENDAS/
PATTON
PARK
AVE 42/
JACKSON
STREET
ZONE A
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $0 $0 $0 $0
Construction Services (240-523006) 7,500 0 5,000 0
Electric Service (240-523012) 500 0 0 462
R&M Landscape (240-523027) 32,420 18,010 89,768 4,620
Water Services (240-523045) 4,000 2,500 3,859 1,848
Horticulture (240-531024) 0 206 1,844 0
Repair Supplies (240-531054) 500 500 500 924
Direct Subtotal $44,920 $21,216 $100,971 $7,854
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $3,594 $1,697 $8,078 $628
Professional Fees 141 88 698 69
County Fees 107 100 191 99
Admin. Subtotal (240-521048) $3,842 $1,885 $8,967 $796 Total Direct and Admin. Costs $48,762 $23,101 $109,938 $8,650
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $0 $19,703 $0 $0 Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 0 0 0
Contribution Subtotal $0 $19,703 $0 $0
BALANCE TO LEVY $48,762 $42,804 $109,938 $8,650
DISTRICT STATISTICS
Total Parcels 61 38 303 33
Total Parcels Levied 56 36 287 33
Total Equivalent Benefit Unit (EBU) 56 36 385 73.38
FY 2025/2026 Levy Rate per EBU $870.74 $1,188.98 $285.54 $117.88 FY 2025/2026 Maximum Levy per EBU Allowed $1,375.35 $1,188.99 $385.22 $1,636.31 OVER/UNDER MAXTAX $504.6100 $0.0100 $99.6800 $1,518.4300 Assessment Range Formula Applied 3.00% 3.00% 3.00% 3.00% Approved in: 2005/2006 2005/2006 2007/2008 2008/2009
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $177,528 $86,402 $155,305 $543,872 Fiscal Year 2025/2026 Collection/(Contribution) 0 19,703 0 0 Transferred to Capital Improvement (153,147) (94,554) (100,336) (539,547) Estimated Ending Balance 6/30/2026 $24,381 $11,551 $54,969 $4,325 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $153,147 $94,554 $100,336 $539,547 Fiscal Year 2025/2026 Collection 0 0 0 0
Anticipated Improvement FY 2025/2026 0 0 0 0
Estimated Ending Balance 6/30/2026 $153,147 $94,554 $100,336 $539,547 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
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District Description
District 49 B District 49
Sub-Total District 50 District 51
AVE 42/
JACKSON
STREET
ZONE B
AVE 42/
JACKSON
STREET
DESERT
TRACE
DESERT
MEADOWS
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $0 $0 $0 $0
Construction Services (240-523006) 0 0 3,000 0
Electric Service (240-523012) 53 515 200 0
R&M Landscape (240-523027) 530 5,150 72,152 10,200
Water Services (240-523045) 212 2,060 6,000 1,263
Horticulture (240-531024) 0 0 0 0
Repair Supplies (240-531054) 106 1,030 500 500
Direct Subtotal $901 $8,755 $81,852 $11,963
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $72 $700 $6,548 $957
Professional Fees 21 90 592 2
County Fees 91 190 175 88
Admin. Subtotal (240-521048) $184 $980 $7,315 $1,047 Total Direct and Admin. Costs $1,085 $9,735 $89,167 $13,010
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $0 $0 $0 $11,512 Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 0 (1,432) 0
Contribution Subtotal $0 $0 ($1,432) $11,512
BALANCE TO LEVY $1,085 $9,735 $87,735 $24,522
DISTRICT STATISTICS
Total Parcels 17 50 257 1
Total Parcels Levied 10 43 243 1
Total Equivalent Benefit Unit (EBU) 8.42 81.80 243 80 FY 2025/2026 Levy Rate per EBU $128.86 $361.04 $306.52 FY 2025/2026 Maximum Levy per EBU Allowed $1,636.31 $361.05 $306.53 OVER/UNDER MAXTAX $1,507.4500 $0.0100 $0.0100
Assessment Range Formula Applied 3.00% 3.00% 3.00%
Approved in: 2008/2009 2009/2010 2013/2014
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $62,407 $606,279 ($11,196) $50,941 Fiscal Year 2025/2026 Collection/(Contribution) 0 0 0 11,512 Transferred to Capital Improvement (61,864) (601,411) 0 (55,949) Estimated Ending Balance 6/30/2026 $543 $4,868 ($11,196) $6,505 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $61,864 $601,411 $0 $55,949 Fiscal Year 2025/2026 Collection 0 0 0 0
Anticipated Improvement FY 2025/2026 0 0 0 0
Estimated Ending Balance 6/30/2026 $61,864 $601,411 $0 $55,949 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
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District Description
District 52 District 53 District 54 TOTALS
LAS COLINAS
MONROE
ST AND
AVE 42
COUNTY LAW
BUILDING
DIRECT COSTS
Other Prof & Tech Svcs (240-521064) $0 $0 $0 $17,693
Construction Services (240-523006) 0 0 0 148,500
Electric Service (240-523012) 150 0 0 17,160
R&M Landscape (240-523027) 7,800 37,200 9,000 1,161,285 Water Services (240-523045) 817 1,495 1,301 269,679
Horticulture (240-531024) 1,030 0 0 12,970
Repair Supplies (240-531054) 0 0 0 24,445
Direct Subtotal $9,797 $38,695 $10,301 $1,651,732
ADMINISTRATION COSTS (pro-rata share)
Personnel/Overhead $784 $3,096 $824 $132,139
Professional Fees 313 9 2 15,159
County Fees 133 93 88 7,187
Admin. Subtotal (240-521048) $1,230 $3,198 $914 $154,485 Total Direct and Admin. Costs $11,027 $41,893 $11,215 $1,806,217
LEVY BREAKDOWN
Reserve Fund Collection/Contribution $5,170 ($1,303) ($5,464) $131,668 Improvement Fund Collection 0 0 0 0
General Fund Contribution 0 (8,099) (805) (59,708)
Contribution Subtotal $5,170 ($9,401) ($6,269) $71,961 BALANCE TO LEVY $16,197 $32,491 $4,946 $1,878,177
DISTRICT STATISTICS
Total Parcels 136 30 1 6,611
Total Parcels Levied 128 16 1 6,396
Total Equivalent Benefit Unit (EBU) 128 5,507 588 13,954.38 FY 2025/2026 Levy Rate per EBU $126.54 $5.90 $8.40
FY 2025/2026 Maximum Levy per EBU Allowed $126.54 $5.90 $8.41 OVER/UNDER MAXTAX $0.0000 $0.0000 $0.0100
Assessment Range Formula Applied 3.02% 3.00% 3.00%
Approved in: 2005/2006 2014/2015 2015/16
FUND BALANCE INFORMATION
Operating Reserve Fund
Estimated Beginning Balance 7/01/2025 $84,128 $1,303 $5,464 $2,666,828 Fiscal Year 2025/2026 Collection/(Contribution) 5,170 (1,303) (5,464) 131,668 Transferred to Capital Improvement (83,784) 0 0 (2,127,551) Estimated Ending Balance 6/30/2026 $5,514 $0 $0 $673,478 Capital Improvement Fund
Estimated Beginning Balance 7/01/2025 $83,784 $0 $0 $2,127,551 Fiscal Year 2025/2026 Collection 0 0 0 17,693
Anticipated Improvement FY 2025/2026 0 0 0 (17,693)
Estimated Ending Balance 6/30/2026 $83,784 $0 $0 $2,127,551 *Totals may vary due to rounding to nearest dollar as well as Preliminary Roll values.
Resolution Nos. 10496, 10497, and 10498 for Landscape and Lighting Distr... Page 434 of 729
2025/2026 LLD 01-22 and 24-29 and 31-54 Page 53 of 51 APPENDIX A – DISTRICT BOUNDARY/ ASSESSMENT DIAGRAM
The Assessment Diagrams showing the boundaries for each of the Districts has been previously submitted to the Clerk of the City in the format required under the 1972 Act and are, by reference, made part of this Report. The Assessment Diagrams are available for inspection at the Office of the City Clerk, during normal business hours.
APPENDIX B – 2025/2026 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor's map for the year in which this Report is prepared. The land use classification for each parcel is based on the currently available County Secured Roll.
Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of- ways including public greenbelts and parkways; utility rights-of-ways; common areas (such as in condominium complexes); landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed; and park properties and other publicly owned, government-owned, public utility-owned properties that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.
At the conclusion of the public hearing for the District and the proposed assessments, any property owner assessment ballots for new or increased assessments will be tabulated for the ballots returned, and the City Council will declare the result of any such balloting. Based on balloting results (if any), the City Council may amend this Report or approve the Report as submitted. Approval of the Report (as submitted or as modified) confirms the method of apportionment and the maximum assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessments for Fiscal Year 2025/2026.
The listing of parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2025/2026.
If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
The listing of parcels within each District along with each parcel’s proposed assessment amount for Fiscal Year 2025/2026 is voluminous and as such has been submitted to the City Clerk, under a separate cover, and by reference is made part of this Report.
Resolution Nos. 10496, 10497, and 10498 for Landscape and Lighting Distr... Page 435 of 729 ATTACHMENT 2
RESOLUTION NO. 10496
INITIATION PROCEEDINGS
Resolution Nos. 10496, 10497, and 10498 for Landscape and Lighting Distr... Page 436 of 729 1 RESOLUTION NO. 10496
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA
INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR THE FIFTY-TWO INDIO LANDSCAPE AND LIGHTING DISTRICTS (NO. 01-22, 24-29, 31-54), FISCAL YEAR 2025/2026
The City Council of the City of Indio, California does resolve as follows:
WHEREAS, The City Council of the City of Indio, California has, by previous Resolutions, formed the fifty-two Indio Landscaping and Lighting Districts (No. 01-22, 24-29, 31-54) (herein referred to as the “Districts”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “1972 Act”), that provides for levy and collection of assessments by the County of Riverside for the City of Indio to pay the maintenance and services of landscaping, appurtenant facilities and operations related thereto; and,
WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the annual levy of the Districts, and to prepare and file a report with the City Clerk in accordance with the 1972 Act.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY
COUNCIL OF THE CITY OF INDIO, CALIFORNIA FOR THE FIFTY-TWO INDIO LANDSCAPING AND LIGHTING MAINTENAN CE DISTRICTS (NO. 01-22, 24-29, 31-54), AS FOLLOWS:
Section 1: The City Council hereby orders Willdan Financial Services to prepare the Engineer’s Annual Levy Report concerning the levy of assessments for the Districts in accordance with Chapter 3, Section 22622 of the 1972 Act.
Section 2: The fifty-two separate Landscaping and Lighting Districts are described in the Engineer’s Annual Levy Report and are designated as:
District #01 – Sundance
District #02 – Sun Tree Ranch
District #03 – Park Paseo
District #04 – Jackson Park
District #05 – Daybreak/Sandcastle/Vista Horizon
District #06 – Whispering Palms
District #07 – Sun Park West Palmwood
District #08 – Lumbermen’s Business Park
District #09 – Pan American
District #10 – Liberty Village
District #11 – Santa Fe Homes
Resolution Nos. 10496, 10497, and 10498 for Landscape and Lighting Distr... Page 437 of 729 2 District #12 – Park Madison
District #13 – Indio Center Plaza
District #14 – Wildflower
District #15 – Villa Pacific
District #16 – Zalay Ranch
District #17 – Highway 111
District #18 – Encanto Homes
District #19 – Palm Meadows
District #20 – El Cid
District #21 – Santa Rosa
District #22 – Riverbend
District #24 – California Palms
District #25 – Veranda
District #26 – Rincon Homes
District #27 – Summer Place
District #28 – California Palms II
District #29 – Cheyenne Ranch
District #31 – Waring Palms
District #32 – Montego Dunes
District #33 – Villa Estates
District #34 – Madison Ranch
District #35 – Corta Bella
District #36 – Bella Vida
District #37 – Las Brisas North
District #38 – Encanto Collection at Villa Montego
District #39 – Monticello at Heritage Palms
District #40 – Shadow Hills (Jackson)
District #41 – Sunburst
District #42 – Quails’ Gate Estates
District #43 – Whittier Ranch
District #44 – Palazzo
District #45 – Shadow Hills Business Park
District #46 – Bella Tierra
District #47 – Rancho Verde
Resolution Nos. 10496, 10497, and 10498 for Landscape and Lighting Distr... Page 438 of 729 3 District #48 – Haciendas/Patton Park
District #49 – Ave 42/ Jackson Street
District #50 – Desert Trace
District #51 – Desert Meadows
District #52 – Las Colinas
District #53 – Monroe Street/ Avenue 42
District #54 – County Law Building
Section 3: The improvements within the Districts may include any improvements, expenses and services authorized pursuant to the 1972 Act including, but not limited to: landscaped medians, parkways, slopes, entryways, associated appurtenances and facilities. The Engi neer’s Annual Levy Report describes the existing improvements or substantial changes proposed to the existing improvements for Fiscal Year 2025/2026.
PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JUNE 2025.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF INDIO
___________________________________,
Mayor, Indio City Council
I, _____________________________________, City Clerk of the City of Indio, County of Riverside, State of California do hereby certify that the foregoing Resolution was regularly adopted by the City Council of said City of Indio at a regular meeting of said council held on the _____ day of ________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
____________________________________,
City Clerk, City of Indio
Resolution Nos. 10496, 10497, and 10498 for Landscape and Lighting Distr... Page 439 of 729 ATTACHMENT 3
RESOLUTION NO. 10497
PRELIMINARY ENGINEERING REPORT
Resolution Nos. 10496, 10497, and 10498 for Landscape and Lighting Distr... Page 440 of 729 RESOLUTION NO. 10497
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA FOR PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL LEVY REPORT FOR FIFTY- TWO INDIO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS (NO. 01-22, 24-29, 31- 54), FISCAL YEAR 2025/2026
The City Council of the City of Indio, California does resolve as follows:
WHEREAS, the City Council of the City of Indio, California has, by previous Resolutions, ordered the preparation of the Engineer’s Annual Levy Report for the Districts known and designated as the Landscaping and Lighting Maintenance Districts (No. 01-22, 24-29, 31-54) (hereafter referred to as the “Districts”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “1972 Act”); and,
WHEREAS, there has now been presented to this City Council the Engineer’s Report as required by Chapter 1, Article 4, Section 22566 of said 1972 Act; and,
WHEREAS, this City Council has examined and reviewed the Engineer’s Annual Levy Report as presented, and is preliminarily satisfied with the Districts, each of the budget items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each District and Zone, as set forth in said Report.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY
COUNCIL OF THE CITY OF INDIO, CALIFORNIA FOR THESE FIFTY-TWO INDIO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS (NO. 01-22, 24-29, 31- 54), AS FOLLOWS:
Section 1: That the above recitals are true and correct.
Section 2: That the Engineer’s Annual Levy Report as presented, consists of the following:
a) A Description of Improvements.
b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance)
c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each District for Fiscal Year 2025/2026.
Section 3: The Engineer’s Annual Levy Report is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.