Indio City Council
July 15, 2026

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 97 of 1638 ORDINANCE NO. 1840

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, ADDING CHAPTER 95E (REGISTRATION AND MAINTENANCE

OF VACANT NON-RESIDENTIAL PROPERTIES) TO THE INDIO MUNICIPAL CODE
WHEREAS, the City of Indio ("City") is committed to protecting the public health, safety, and welfare of its residents and businesses by preventing blight and ensuring the proper maintenance of all properties within its jurisdiction; and WHEREAS, the City has established a robust nuisance abatement framework in Chapter 95A of the Indio Municipal Code to address general property maintenance issues; and
WHEREAS, the City Council previously adopted and has recently amended Chapter 95D of the Indio Municipal Code specifically to address the unique challenges posed by abandoned and vacant residential properties, particularly those in foreclosure; and
WHEREAS, vacant and abandoned non-residential buildings, including commercial, industrial, and office structures present distinct challenges from residential properties due to their greater scale, complexity, public visibility, and potential for rapid and severe deterioration if left unmonitored; and WHEREAS, the presence of vacant, blighted, and unsecured non-residential properties has a significant negative economic impact on surrounding businesses, depresses property values, discourages investment, and impairs the commercial vitality of the City; and
WHEREAS, the Indio 2040 General Plan promotes the maintenance and upkeep of buildings to ensure safety, cleanliness, and that buildings remain in working order, including pursuant to General Plan Land Use Element Policy LU-3.7 and Safety Element Policy SE-1.4; and
WHEREAS, the City Council has the authority under the California Constitution and its police power to adopt regulations to protect the public health, safety, and welfare.

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

SECTION 1. Findings and Recitals.

The City Council finds that all the recitals set forth above are true and correct and are incorporated herein as though fully set forth.

SECTION 2. Amendment to Code.

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 98 of 1638 Chapter 95E (Registration and Maintenance of Vacant Non-Residential Properties) is hereby added to Title 9 (Public Peace, Morals and Welfare) of the Indio Municipal Code to read as follows:

CHAPTER 95E

REGISTRATION AND MAINTENANCE OF VACANT NON-RESIDENTIAL

PROPERTIES
§ 95E.101 Purpose.

The purpose of this chapter is to ensure all vacant and boarded non-residential buildings comply with minimum property maintenance requirements, to encourage proactive and preventive maintenance of such properties, to ensure maintenance issues are quickly and efficiently remedied, and to promote the health, safety, and welfare of the people of the city.
§ 95E.102 Severability.

If any provision of this chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this chapter, which can be implemented without the invalid provisions, and to this end, the provisions of this chapter are declared to be severable. § 95E.103 Definitions.

As used in this chapter, the following terms and phrases are defined as follows:

Active construction means that:
(1) Permitted construction activity is taking place at a property without any pause, interruption,
or suspension greater in duration than 45 days; and
(2) The owner, owner of record, or a duly authorized agent, servant, assign, employee, or contractor acting or providing services on behalf thereof, is on-site at a property that is under construction, actively engaged in construction, maintenance, demolition, or related administrative activity, without any pause, interruption, or suspension greater in duration than 15 days.

Blight or blighted property means any one or more of the following conditions or activities:
(1) Abandoned building or structure.

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 99 of 1638 a. A building or structure which is not being inhabited, occupied, or used and which is unsecured. For purposes of this chapter, a building or structure is unsecured when the public can gain entry without the consent of the owner; or b. A partially constructed, reconstructed, or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit, or when there has not been any substantial work on the project for a period of six months or more. (2) Attractive nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to use the property for the purpose of committing a nuisance or unlawful act.
(3) A building or structure which is in a state of disrepair:
a. Exterior wall and/or roof coverings which are missing, have been removed, or have become deteriorated and do not provide adequate weather protections, resulting in termite infestation and/or dry rot.
b. Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
c. Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which are broken, deteriorated, or substantially defaced, to the extent that the disrepair is visible from any public right-of-way or visually impacts neighboring public or private property or presents an endangerment to public safety.
d. Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which have been repainted in such a manner that the appearance may be further deteriorated or substantially defaced.
(4) Property inadequately maintained.
a. Overgrown, diseased, dead, or decayed trees, weeds, or vegetation that:

1. Are likely to harbor rats, pigeons, vermin, and other nuisances;

2. Substantially detract from the aesthetic and property values of neighboring properties; or

3. Constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare; or

4. Are likely to attract use as shelter by transients.

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 100 of 1638 b. Solid waste, which includes "garbage," "refuse," and "rubbish," and all "solid waste" as may be defined in this Code, constitutes blight and blighted property in the following situations:

1. The accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a city-approved container, and is present for more than 72 consecutive hours; or

2. The accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage disposal is specifically allowed by this Code. (5) Any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, drained with no cover to prevent the existence of a hazard, or not otherwise maintained, resulting in polluted water. "Polluted water" is defined for the purpose of this chapter, as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition.

Building means any structure, including, but not limited to, any non-residential structure, typically but not exclusively for commercial, industrial, or assembly use, approved for occupancy on either a lot of record or within a single project approved by the city pursuant to the city's zoning code.

Development agreement means an agreement between the city and at least one other person or entity whereby an owner secures the authorization and approval of the city, through a duly authorized written contract to pursue a development or redevelopment project at a property where one or more abandoned buildings or structures, and/or vacant building is located.

Downtown means the Downtown area of the City of Indio as designated by the Downtown Indio Specific Plan or otherwise by City Council resolution.

Enforcement official means the City Manager, Community Development Director, Building Official, Chief of Police, Fire Chief, Code Enforcement Manager, Code Enforcement Supervisor, Code Enforcement Officer, any other city employee or official designated by the City Manager to enforce this chapter, or their respective designees.

Evidence of vacancy means any building in the context of the totality of circumstances that would lead a reasonable enforcement official to believe that the building is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices or disconnected utilities; accumulation of trash, junk, or debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 101 of 1638 furnishings or personal items consistent with occupancy and active use; or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

Local means within 40 driving miles of the building, structure, or real property in question.

Local contact person means the person designated by the owner or local property management company who shall be available 24 hours per day, seven days per week for the purpose of responding to complaints, calls, notices, or requests from the city or third parties concerning the condition, maintenance, security, operation, or unauthorized use of the vacant non-residential building, and taking or arranging for remedial action to resolve any such condition. The local contact person must be local.

Non-residential properties means all properties in the city that are not developed solely for residential uses. The term "non-residential properties" includes, without limitation, commercial, industrial, office, retail, mixed-use (as to non-residential components), and agricultural properties and structures.

Out of area means in excess of 40 road or driving miles of the building, structure, or real property in question.

Owner means any person having legal or equitable title or any interest in real property, including all persons shown as owners on the last equalized assessment roll of the county assessor's office. An owner includes a person with power of attorney, an executor of estate, trustee, or who is a court appointed administrator, conservator, guardian, or receiver.

Person means any natural person, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.

Vacant building means a building where at least 35 percent of the total floor area within the building is not lawfully occupied.
§ 95E.104 Scope.
(a) Applicability. The provisions of this chapter shall apply generally to all improved non-residential real property throughout the city where any of the conditions specified in this chapter are found to exist.
(b) Regulations cumulative. The regulations provided by this chapter are cumulative to each other and to any other available under city, state, or federal law. (c) Authority to enforce chapter. The enforcement official is authorized to administer and enforce this chapter. The City Manager may designate the city

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 102 of 1638 department or departments responsible for receiving applications, administering registrations and permits, conducting inspections, and coordinating enforcement under this chapter. The enforcement official may adopt supplemental regulations or policies to implement and interpret this chapter. These regulations or policies must conform with the purpose of this chapter.
(d) Development agreement exemption. In the event that the city enters a development agreement with the owner or developer of a property incorporating the partial or total demolition, repair, reconstruction, or preservation of a vacant building or structure, the vacant building or structure in question is exempt from application of this chapter, provided that the property is maintained in strict accord with the terms and conditions of the development agreement, the development agreement is valid and in effect, and the owner or developer of a property is actively and diligently proceeding forward with the partial or total demolition, repair, reconstruction, or preservation of the vacant building or structure. In the event that the City Manager, or his or her designee, determines in the City Manager's sole discretion the owner or developer of a property is in default with respect to such conditions, the city may issue written notice to that owner that if the default in question is not cured in its entirety within 30 days of the issuance, that the exemption provided by this section shall be revoked, and that this chapter shall immediately become fully applicable to the building or structure in question. § 95E.105 Service requirements.
(a) Except as otherwise provided, any notice required to be served under this chapter must be completed by either:
(1) Personal service; or
(2) Service by United States mail addressed to the person to be notified at the address as listed in the last equalized assessment roll. Service by mail is complete at the time of deposit in the mail. Failure of any person to receive a properly-addressed notice by mail shall not invalidate any action, decision, determination, or proceeding under this chapter.
§ 95E.106 Registration requirement for vacant non-residential buildings. (a) Registration required. An owner of a vacant non-residential building must register their property with the enforcement official within ten days of the building becoming vacant or being deemed vacant. If a building shows evidence of vacancy, the building shall be deemed vacant unless the owner demonstrates, to the reasonable satisfaction of the enforcement official, that the building is lawfully occupied..
(b) Application required. Any person seeking to register a vacant building must submit a complete, written application to the Code Enforcement Division, or to such other city department or official designated by the City Manager, using a form adopted by the city for that purpose. Submission of an application for registration

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 103 of 1638 does not authorize the maintenance of a vacant building until such registration has been accepted by the city.
(c) Application contents. The application for registration pursuant to this section must contain or be accompanied by the following:
(1) The name, address, telephone number, and email address of each owner and the local property management company and local contact person, if any, responsible for the security, maintenance, and marketing of the property in question.
(2) A maintenance plan describing and documenting how the maintenance requirements of this chapter will be complied with.
(3) Documentation and information showing compliance with the local contact person and local property management requirements of this chapter. (d) Annual registration. The registration pursuant to this section must be renewed annually.
(e) Fee. The City Council may establish by resolution, and from time to time may amend, an annual registration fee. An application for registration or reregistration must be accompanied by the submission of the required fee. Registration fees are nonrefundable and may not be prorated.
(f) Notice to city of changes to registration. Any person, partnership, association, corporation, fiduciary, or other legal entity that has registered a property under this chapter must notify the enforcement official in writing of any change of information contained in the registration within ten days of the change. Changes to the local contact person, local property management company, or emergency contact information shall be provided immediately.
§ 95E.107 Maintenance requirements for vacant non-residential buildings. (a) Maintenance required. It is unlawful for any owner to maintain any improved property in violation of the provisions of this chapter. All vacant non-residential buildings must be maintained in compliance with this Code. (b) Additional requirements for non-residential properties. Any vacant nonresidential building must be maintained in accordance with the following requirements:
(1) All doors, windows, and other openings are secure or boarded in accordance with this chapter.
(2) Any temporary site perimeter fencing is placed in connection with a building permit or other written approval issued by the enforcement official.

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 104 of 1638 (3) The property must be continuously monitored, as follows:
a. Buildings with fire sprinkler systems must be maintained in working order.
b. Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order, and monthly reports showing continued and active service shall be submitted to the enforcement official. c. Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with continuous physical monitoring by means of an onsite patrol. "Continuous physical monitoring" shall mean the use of a licensed security agency operating in the city and providing regular surveillance of the vacant building as part of the agency's security route. (4) A monthly report from the property owner or the property owner's representative or property management company that identifies each date inspections were performed for the reporting period and a statement affirming that the building interior, exterior, and the entire site was inspected, the landscaping is maintained in good condition, and that all buildings are secure. (c) Reserved.
(d) Requirements for buildings vacant more than 90 days. No person may allow a building designed for human use or occupancy to stand vacant for more than 90 days, unless the person establishes by substantial evidence to the reasonable satisfaction of the enforcement official that at least one of the following applies:
(1) Active construction. The building is the subject of active construction for repair or rehabilitation in order to make the building habitable, and the owner is progressing diligently to complete such repair or rehabilitation within one year of the issuance of the building permit related to such repair or rehabilitation. (2) Active marketing. The building or property contains no violations of this Code, is ready for occupancy, and is actively being offered for sale, lease, or rent. (3) Active maintenance. The person is actively maintaining and monitoring the building, which includes:
a. Maintenance of landscaping and plant materials in good condition. b. Maintenance of the exterior of the building including, but not limited to, paint, finishes, windows, doors, and signage in good condition and in compliance with this chapter.
c. Any sign which advertises a use or business not being conducted on the premises, the name of the owner or user, or which identifies a product,

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 105 of 1638 an interest, service, or entertainment not available on the premises is prohibited.
d. Regular removal of all exterior trash, debris, and graffiti. e. Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution, and criminal street gang activity.
f. Windows must be screened only in a manner authorized by this Code.
g. Securing the property in a manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening that may allow access to the interior of the property or structure(s), or the erection of temporary construction fencing approved by the enforcement official for not more than 180 days. In the case of broken windows, securing includes the replacement of the broken window. h. Maintaining sufficient utility services to provide power for any alarm or security system, security lighting, fire protection or life-safety system, and to properly irrigate all landscaping on the property, unless the enforcement official approves an alternative utility plan in writing. i. Compliance with any alternative or additional methods of securing a building in the Downtown as may be imposed by the enforcement official. Such methods may include, but will not be limited to, security patrols, alarms, or other security requirements.
j. The building or the lot on which the building is located, and the landscaping on such lot, does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building and the lot so that it does not contribute to blight. (e) Insurance. The owner shall maintain fire and liability insurance coverage in an amount determined necessary by the city's risk manager. Any insurance policy shall require advance written notice to the risk manager in the event of cancellation of insurance or a reduction in coverage.
§ 95E.108 Local contact and property management requirements. (a) Local contact required. Each owner of a vacant building that must be registered under this chapter shall designate and maintain a local contact person. The local contact person shall be available 24 hours per day, seven days per week to respond to complaints, calls, notices, or requests from the city or third parties concerning the condition, maintenance, security, operation, or unauthorized use of the vacant non-residential building.

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 106 of 1638 (b) Response time. The local contact person's response may be made by telephone, text message, email, or in person, as appropriate to the circumstances. In no event shall the response time exceed 15 minutes if responding by telephone, text message, or email, or 45 minutes if an in-person response is required because of the severity of the condition or because the city requests an in-person response. If the city requests an in-person response, the local contact person shall respond in person at the property within 45 minutes of the city's request. (c) Local property management company required for out-of-area owners. Any owner located out of area from a property containing a vacant building that must be registered must retain a local property management company with a business license in the city. The local property management company must be contracted to perform weekly inspections and all other duties necessary to ensure compliance with this Code.
(d) Posting required. The property must be posted with the name and contact phone number of the local property management company or local contact person.

The posting must be no less than 18 by 24 inches, must be of a font that is legible from a distance of 45 feet, and must contain the following: "THIS PROPERTY

MANAGED BY (LOCAL PROPERTY MANAGEMENT COMPANY OR LOCAL CONTACT PERSON)," and "TO REPORT PROBLEMS OR CONCERNS CALL (PHONE NUMBER)." (e) Location and construction of posting. The posting must be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building facing the street of the front of the property so it is visible from the street. If no such area exists, the posting must be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with, weather resistant materials.
(f) Inspection and correction duties. The local property management company must inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter and must perform all monitoring duties prescribed in this chapter. If the property management company determines the property is not in compliance with this chapter or any provision of this Code, it is the company's duty to notify the owner and bring the property into compliance. § 95E.109 Code Enforcement monitoring program for non-residential properties.
(a) Monitoring program established. A Code Enforcement monitoring program for vacant non-residential properties is hereby established. The enforcement official is responsible for administering the monitoring program to enforce this chapter. (b) Monitoring program duties. For purposes of this section, "monitoring" includes, without limitation, application review, registration administration, initial and

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 107 of 1638 periodic inspections, follow-up inspections when violations or complaints exist, review of owner inspection reports, compliance correspondence, case tracking, coordination with other city departments, and enforcement actions reasonably necessary to determine and maintain compliance with this chapter. The enforcement official has the duty and responsibility to do the following pursuant to the monitoring program:
(1) Inspect properties in the city to identify non-residential buildings that are vacant.
(2) Order vacant non-residential buildings to comply with this chapter and any other applicable codes.
(3) Order vacant non-residential buildings that are open and accessible to be secured against unlawful entry in accordance with this chapter. (4) Order the property on which the vacant non-residential building is located to be properly maintained or cleared of trash and debris. (5) Initiate proceedings against the owner of any vacant non-residential building found to be in violation of this chapter or any other applicable code. (6) Maintain surveillance over vacant non-residential buildings so that timely code enforcement proceedings are commenced in the event the property becomes substandard or a nuisance.
(7) Review registration materials and monthly reports required by this chapter.
(8) Identify blighted property and initiate proceedings against the owner of record of any blighted property for failure to remedy such blight. (c) Fee imposed. There is imposed upon every owner of a vacant non-residential building monitored pursuant to this chapter an annual vacant non-residential building monitoring fee in an amount the City Council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of administering and monitoring the vacant non-residential building program. The fee may include, without limitation, the estimated reasonable costs of registration administration, application processing, one initial or annual inspection, routine monitoring, and related staff time. The City Council may also establish by resolution separate fees for reinspections, additional inspections, late renewals, and other services where necessary to recover the city's reasonable regulatory costs. (d) Fee procedure. If unpaid in connection with a vacant building registration, a vacant non-residential building monitoring fee may be billed and mailed to the owner of the property. Any owner aggrieved by the decision of the enforcement official relating to a vacant registration fee bill may appeal the decision to the city's designated hearing officer pursuant to Chapter 12 and § 95E.112. If the fee is not

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 108 of 1638 paid within 60 days following billing, the City Council may thereupon order that the fee be specially assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. The City Council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee. § 95E.110 Boarding permits and regulations.
(a) Boarding permit required. No person may erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings without a valid boarding permit from the city. (b) Boarding permit process. A boarding permit application must be submitted to the Code Enforcement Division, or to such other city department or official designated by the City Manager, on a form approved by the city. The enforcement official must issue a boarding permit required by this section upon submission of a complete written application by the owner of the property, upon payment of the required fee, and upon confirmation by the enforcement official that the boarding or other method of securing has been done in compliance with this section. The enforcement official may refer the application to the Building Official, Fire Chief, or other city department for review when necessary to determine compliance with applicable building, fire, life-safety, or property maintenance requirements. (c) Existing boarded buildings. Any building or structure that has boards over doors, windows, or other openings on the effective date of the ordinance adding this chapter shall be brought into compliance with this section within 90 days after the effective date. Compliance may be achieved by obtaining a boarding permit, removing the boards and restoring the openings in compliance with this Code, or using an alternative method of securing the building approved by the enforcement official. Nothing in this subsection limits the city's authority to require earlier correction or abatement where conditions constitute an immediate threat to public health, safety, or welfare.
(d) Boarding permit period of validity. The boarding permit is valid for 90 days. (e) Boarding permit extension. A boarding permit may be extended once, for a period of an additional 90 days, provided that the following conditions exist:
(1) The boarding is in compliance with this section.

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 109 of 1638 (2) The owner has submitted the request for extension within ten days before the expiration of the initial boarding permit period. (3) The owner has complied with all prior orders and notice from the city regarding the property.
(4) The owner simultaneously submits a detailed plan and timeline for correction, repair, and rehabilitation of the property, or a plan for the sale of the property with a provision in the sale requiring the correction, repair, or rehabilitation of the property.
(f) Boarding permit renewal. A boarding permit may not be issued for a building that was previously boarded until one year after the date of expiration of the previous boarding permit or extended boarding permit. However, the enforcement official may issue a subsequent boarding permit for a period of three months upon a showing of good cause, as determined in the enforcement official's sole discretion. "Good cause" means a showing by the owner that the permit reissuance is necessary due to conditions or events beyond the owner's control, such as inability to obtain financing, financial hardship, inability to locate a suitable buyer despite diligent efforts, or unanticipated delays in construction. "Good cause" also means a showing that the owner exercised reasonable and due diligence in attempting to complete the needed work or in attempting to sell, rent, or lease the property. Renewal shall require submission of a written application demonstrating good cause, payment of the boarding permit fee, and upon confirmation by the enforcement official that the method of boarding or securing of the building has been done in compliance with this section.
(g) Limitation on boarding permit for downtown. A boarding permit may be issued for a building in downtown only if the building has been damaged by fire, natural disaster, or other emergency situation. Any such boarding permit is valid only for the period of time the enforcement official reasonably determines to be necessary to effect such repairs or rehabilitation, such time period not to exceed one year without written approval by the City Manager or the City Manager's designee. (h) Boarding permit fees. The fees for the initial boarding permit, extension, renewal permit, application processing, initial inspection, reinspection, and any other inspection or service necessary to administer this section shall be as established from time to time by resolution of the City Council. (i) Boarding standards. The boarding or securing of the doors, windows, or other openings of any building must comply with the following standards. (1) Securing by boarding. The boarding of doors, windows, and other openings must comply with the following requirements.
a. Windows and similar openings must be boarded with exterior-grade plywood of a minimum thickness of three-quarter-inch or equivalent.

Plywood must be secured by two-by-four-inch or four-by-four-inch

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 110 of 1638 crossmembers, secured to the plywood by three-eighths-inch plated carriage bolts with washers on each end. Bolts and nuts used to secure the crossmember must be threaded to the correct length and tightened securely.

A minimum of two crossmembers must be used on each window. Each crossmember must be a continuous piece of lumber, and each must extend at least one foot past the window opening in each direction. Additional measures may be required as deemed necessary in the sole discretion of the enforcement official.
b. Exterior doors must be boarded with exterior-grade plywood of a minimum thickness of three-quarter-inch or equivalent fitted to the entry door jamb with maximum one-eighth-inch clearance each edge. The existing door must be removed and stored inside the building. Plywood must be secured by two-by-four-inch or four-by-four-inch crossmembers, secured to the plywood by three-eighths-inch plated carriage bolts and matching hardware. A minimum of one door must be operable. Plywood for operable door openings must be attached to the door entry with three case hardened strap hinges of the type specified by the enforcement official. Plywood must be secured by a case hardened steel hasp and minimum two-inch hardened padlock, also of the type specified by the enforcement official. Additional measures may be required as deemed necessary in the sole discretion of the enforcement official.
c. All boarded openings must be painted with exterior paint that is of a color compatible with the exterior color of the building and is approved by the enforcement official.
(2) Alternative methods of securing a building. Upon application for a boarding permit, the enforcement official may approve alternative methods of securing a vacant building. In making the determination to approve any alternative method, the enforcement official must consider the effectiveness of the alternative method to provide adequate and long-term security against the unauthorized entry and the aesthetic and other impacts of such method on the immediate neighborhood.
(3) Additional requirements. In connection with the boarding or securing of the doors, windows, or other openings of any building, the owner must also comply with the following requirements.
a. Utility services to the building must be maintained, terminated, or modified in the manner approved in writing by the enforcement official after consideration of the condition of the building, the need for exterior security lighting, alarm systems, fire protection or life-safety systems, irrigation, rehabilitation work under a valid building permit, and any health or safety hazard associated with continued utility service. The enforcement official may require proof that any required utility service remains active and in good working order.

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 111 of 1638 b. The sewer must be capped in a manner approved by the enforcement official so as to prevent the accumulation of methane gas in the building or structure, unless the enforcement official determines in writing that continued sewer service is necessary for an approved use, maintenance, rehabilitation, fire protection, or other lawful purpose. c. The interior of the building must be cleared of all trash, junk, garbage, debris, solid waste, and personal possessions, in order to eliminate any fire or health hazard and prevent hindrance to firefighting equipment and personnel in the event of a fire.
d. The owner of any boarded building must register the building as vacant with the city in accordance with this chapter.
§ 95E.111 Enforcement.
(a) Violation unlawful. It is unlawful and declared a public nuisance for any person to violate any provision of this chapter.
(b) Criminal penalties. Any person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of up to $1,000.00, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment, except the City Attorney or City Prosecutor may prosecute a violation of this chapter as an infraction or reduce a previously charged misdemeanor to an infraction, in his or her discretion, in accordance with Chapter 12 of this Code.
(c) Administrative penalties. Any person who violates any provision of this chapter may be issued an administrative citation or administrative penalty in accordance with Chapter 12 of this Code.
(1) Appeal and collection of penalty. An administrative citation, administrative penalty, compliance order, or other appealable enforcement determination may be appealed to the city's designated hearing officer in the manner provided in Chapter 12 and § 95E.112.
(2) Downtown penalties. For any non-residential property in Downtown subject to this chapter, the initial administrative penalty shall be $500.00 for each violation. If the same violation continues after the compliance date in the first administrative citation, compliance order, or any extension period granted by the city, a second administrative penalty in the amount of $1,000.00 for each violation may be issued. If the same violation continues after the compliance date in the second administrative citation, compliance order, or any extension period granted by the city, a third and any subsequent administrative penalty in the amount of $2,500.00 for each violation may be issued. Each and every day such violation exists constitutes a separate and distinct violation. For any other properties subject to this chapter, the penalties shall be in the amounts set forth in Chapter 12 of this Code or in any applicable fine schedule adopted by resolution of the City Council.

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 112 of 1638 (d) Civil or equitable enforcement. Nothing in this chapter prevents the City Attorney from bringing a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this Code.
(e) Ongoing violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense. (f) Remedies cumulative. The remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any other available under city, state, or federal law.
(g) Joint and several liability. The duties and liabilities specified in this chapter are joint and several among and between all owners.
§ 95E.112 Appeals.

Any person aggrieved by any determination, order, citation, fee determination, penalty, or decision made under this chapter may appeal to the city's designated hearing officer in the manner provided in Chapter 12. If Chapter 12 does not establish a specific appeal procedure for the challenged determination, the appeal must be filed in writing with the City Clerk within ten calendar days after service of the determination, order, citation, fee determination, penalty, or decision, and the hearing shall be conducted by the city's designated hearing officer in a manner that provides notice and a reasonable opportunity to be heard.

SECTION 3. No Other Amendments.

Except as expressly amended hereby, all other provisions of the Indio Municipal Code shall remain in full force and effect.

SECTION 4. Severability.

If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or the application thereof to any person or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 5. CEQA Findings.

The City Council finds that this Ordinance is not a "project" under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5) because it involves organizational

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 113 of 1638 or administrative activities of government that will not result in direct or indirect physical changes in the environment. Alternatively, if this Ordinance is found to be a project, the City Council finds that it is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.

SECTION 6. Effective Date.

This Ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code Section 36937.

SECTION 7. Publication and Posting.

The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

PASSED, APPROVED, AND ADOPTED this ___ day of __________, 2026. ____________________________

ELAINE HOLMES
MAYOR
ATTEST:

CITY CLERK
____________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Second Reading of Ordinance No. 1840 , An Ordinance of The City Council ... Page 114 of 1638 City of Indio
City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10584, Authorizing the City Manager to Execute a Land Exchange Agreement with GTY-Pacific Leasing, LLC for the Conveyance and Acquisition of Certain Real Property Interests Associated with APN 600-200- 014, Located at 80980 Highway 111, in Connection with the Madison Street Widening Project, City Project No. PW-ST503C, and Authorizing Acceptance and Recordation of Related Documents
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 10584 authorizing the City Manager, or the City Manager’s designee, to execute a Land Exchange Agreement and Joint Escrow Instructions with GTY-Pacific Leasing, LLC, a Delaware limited liability company, for the conveyance and acquisition of certain real property interests associated with APN 600-200-014, located at 80980 Highway 111, in connection with the Madison Street Widening Project, City Project No. PWST503C; authorizing the City Manager, or the City Manager’s designee, to execute grant deeds, certificates of acceptance, escrow instructions, closing documents, and related documents necessary to complete the transaction; authorizing acceptance and recordation of the related conveyance documents; and authorizing payment of standard escrow, title, recording, and administrative costs associated with the transaction.

SUMMARY:

The City recently completed the Madison Street Widening Project, City Project No. PW-ST503C.

Following completion of the Project, staff identified certain property boundary issues involving the adjacent gas station property located at 80980 Highway 111, identified as APN 600-200-014 and owned by GTY-Pacific Leasing, LLC. The proposed Land Exchange Agreement will resolve those boundary issues. Under the agreement, the City will convey to GTY-Pacific Leasing, LLC an excess right-of-way area along Madison Street that is no longer needed for the completed Madison Street roadway improvements. That area consists of approximately 0.05 acres, or 2,002 square feet. In exchange, GTY-Pacific Leasing, LLC will convey to the City property needed to accommodate existing public improvements along the north side of Highway 111. That area consists of approximately 0.030 acres, or 1,301 square feet. The transaction will be completed with no monetary compensation paid between the parties. Each party’s conveyance will serve as consideration for the other party’s conveyance. The agreement also preserves an easement for the existing gas station sign, allowing the owner to continue to use, maintain, and access the sign.

Approval of the resolution will authorize the City Manager to execute the Land Exchange Agreement and related documents, accept and record the property interests conveyed to the City, complete the City’s conveyance of the excess right-of-way area, and finalize the remaining real estate components associated with the Madison Street Widening Project.

AGENDA ITEM #9.7
Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 115 of 1638 BACKGROUND INFORMATION:

The City of Indio recently completed the Madison Street Widening Project, City Project No. PWST503C (the “Project”), which widened Madison Street from three lanes to four lanes between Highway 111 and Avenue 48 to improve traffic flow and increase roadway capacity.

After construction was completed, staff reviewed the final improvements and property boundaries in the area. During that review, it was determined that a small portion of City right-of-way along Madison Street is no longer needed for roadway purposes and is located within the parking lot area of the adjacent gas station property located at 80980 Highway 111 (APN 600-200-014), owned by GTY-Pacific Leasing, LLC.

Staff also identified that some of the public improvements constructed as part of the Project, including roadway-related improvements along the north side of Highway 111, extend onto property owned by the gas station. In order to resolve these boundary issues and ensure that public improvements are located on City-owned property, the City and the property owner worked together on a proposed land exchange.

Under the proposed agreement, the City would transfer the excess right-of-way area along Madison Street back to the property owner since it is no longer needed for public roadway purposes. In exchange, GTY-Pacific Leasing, LLC would transfer to the City the portions of property needed to accommodate the existing public improvements along Highway 111. The agreement also allows the property owner to retain an easement for the existing gas station sign so that the sign can continue to be used, maintained, and accessed.

The transaction will be completed by both parties transferring the necessary property interests through recorded grant deeds and easement documents. The City will be responsible for standard title, recording, and administrative costs associated with the transaction.

Approval of the Land Exchange Agreement will allow the City to finalize the property boundary adjustments, properly place the completed public improvements within City ownership, and complete the remaining real estate items associated with the Madison Street Widening Project.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:

N/A
Additional Financial Details:

There is no significant fiscal impact associated with the proposed Land Exchange Agreement. The exchange involves the transfer of property interests between the City and the property owner with no monetary compensation. The City will be responsible for standard recording costs, which are expected to be minimal and can be absorbed within the existing departmental budget.

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 116 of 1638 ATTACHMENTS:

Attachment 1 - Resolution No. 10584 - Land Exchange Agreement 76 on Madison Attachment 2 - Exhibit A (Land Exchange Agreement 76 on Madison) APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 30 Jun 2026 Ruby D. Walla, Director of Finance Approved - 01 Jul 2026 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2026 Jonathan Nicks, City Manager Approved - 08 Jul 2026

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 117 of 1638 1 RESOLUTION NO. 10584

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LAND

EXCHANGE AGREEMENT BETWEEN THE CITY OF INDIO AND GTY-PACIFIC

LEASING, LLC, FOR THE CONVEYANCE OF CERTAIN REAL PROPERTY INTERESTS ASSOCIATED WITH APN 600-200-014, LOCATED AT 80980 HIGHWAY 111, IN CONNECTION WITH THE MADISON ST WIDENING PROJECT, CITY PROJECT NO. PW-ST503C.

WHEREAS, the City of Indio recently completed construction of the Madison Street Widening Project, City Project PW-ST503C (the “Project”), which widened Madison Street between Highway 111 and Avenue 48 to improve traffic circulation and roadway capacity; and
WHEREAS, following the completion of the Project, the City determined that a portion of excess right-of-way exists along Madison Street adjacent to the property located at 80980, Assessor Parcel Number 600-200-014, owned by GTYPacific Leasing, LLC (“Owner”); and WHEREAS, the City further determined that certain existing public improvements located along the north side of Highway 111 extend onto property owned by Owner; and
WHEREAS, the City and Owner have negotiated a Land Exchange Agreement whereby the City would convey certain excess right-of-way to Owner, and Owner would convey certain property interests to the City to accommodate existing public improvements and align property boundaries with adjacent properties; and
WHEREAS, as a part of the proposed transaction, Owner will retain a sign easement over a portion of the property conveyed to the City for the continued use, maintenance and access of the existing gas station sign; and WHEREAS, the City Council finds that entering into the Land Exchange Agreement is in the best interest of the City and will facilitate the orderly ownership and maintenance of public infrastructure associated with the Project.

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

Section 1. The foregoing recitals set forth in this resolution are true, correct and incorporated herein by this reference.

Section 2. The City Council finds and declares that the purpose of permanent easements along Highway 111 allow roadway, public utility, access,

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 118 of 1638 2 and related municipal infrastructure purposes.

Section 3. The City Council hereby approves the Land Exchange Agreement attached herein as Exhibit A and hereby authorizes the City Manager to execute Certificates.

Section 4. The City Council hereby approves the Land Exchange Agreement attached herein as Exhibit A and hereby authorizes the City Manager to execute Certificates of Acceptance and transmit to the County of Riverside Recorder’s Office for recordation.

Section 5. This Resolution shall be effective upon adoption Section 6. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of July, 2026. ________________________________

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK
______________________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 119 of 1638 3 EXHIBIT A

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 120 of 1638 3 EXHIBIT A

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 121 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 122 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 123 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 124 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 125 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 126 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 127 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 128 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 129 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 130 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 131 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 132 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 133 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 134 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 135 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 136 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 137 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 138 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 139 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 140 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 141 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 142 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 143 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 144 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 145 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 146 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 147 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 148 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 149 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 150 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 151 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 152 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 153 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 154 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 155 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 156 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 157 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 158 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 159 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 160 of 1638

Resolution No. 10584, Authorizing the City Manager to Execute a Land Exc... Page 161 of 1638 City of Indio
City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10585, Authorizing the City Manager to Execute a Right-ofWay Contract with Barton Brian Norris and Elise Michele Norris, Trustees of the Barton Brian Norris and Elise Michele Norris Living Trust, for the Acquisition of a Permanent Road and Utility Easement and Temporary Construction Easement Over a Portion of APN 779-070-002, Located at 82891 Avenue 50, for the Jackson Street Improvement Project Phase 2, City Project No. PW-TS1901
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 10585 authorizing the City Manager, or the City Manager’s designee, to execute a Right-of-Way Contract with Barton Brian Norris and Elise Michele Norris, Trustees, or their successors in interest, of the Barton Brian Norris and Elise Michele Norris Living Trust dated March 29, 2022, and any amendments thereto, for the acquisition of approximately 2,660 square feet of permanent road and utility easement and approximately 4,157 square feet of temporary construction easement over a portion of APN 779-070-002, located at 82891 Avenue 50, in connection with the Jackson Street Improvement Project Phase 2, City Project No. PW-TS1901; authorizing payment of the negotiated acquisition and settlement amount of $93,295; authorizing the City Manager, or designee, to execute certificates of acceptance, escrow instructions, closing documents, and related documents necessary to complete the acquisition, subject to approval as to form by the City Attorney; and authorizing acceptance and recordation of the related easement documents.

SUMMARY:

The proposed Resolution sets forth the terms and conditions to be included in the Right-of-Way Contract for the acquisition of the permanent and temporary construction easements, needed for the construction of the Jackson Street Improvement Project Phase 2 Project No. PW-TS1901.

BACKGROUND INFORMATION:

The city is advancing the Jackson Street Phase 2 Improvements Project No. PW-TS1901 (the “Project”). Before Phase 2 can proceed to construction, the City must complete required right-of-way acquisitions, including permanent roadway and utility easements and a temporary construction easement from property located at 82891 Avenue 50 (APN 779-070-022) (the “Property”).

The Project corridor extends along Jackson Street from Odlum Drive/Avenue 49 to approximately 1,600 feet south of Avenue 52, and along portions of Avenue 50 and Avenue 52 east and west of Jackson Street.

AGENDA ITEM #9.8
Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 162 of 1638 Phase I of the Project completed initial pavement rehabilitation and installed underground utilities, drainage improvements, conduit for future traffic signals and streetlights, and selected sidewalks, curb ramps, and driveways. Phase II will complete the ultimate roadway widening and install new traffic signals at Avenue 50, Avenue 51, and Avenue 52. When finished, Jackson Street will include two lanes in each direction, a center turn lane, Class II bike lanes, and the remaining pedestrian access improvements. The Project will be advertised for bids once all right-of-way requirements are secured.

The property owners, Barton Brian Norris and Elise Michele Norris, were presented an offer for the acquisition of the following (the “Property Interest”):
 Approximately 2,660 square feet of permanent road and utility easement  Approximately 4,157 square feet of temporary construction easement Monument, the City’s right-of-way consultant, presented a written offer on October 10, 2025, in the amount of $25,100, based on an appraisal and determination of just compensation.

During negotiations, Mr. and Mrs. Norris were particularly concerned about the location and replacement of the existing perimeter fencing, the impacts to mature date palm trees, and the effect of the roadway improvements on driveway access and aesthetics. The owners requested that the existing fencing be replaced with a solid masonry wall rather than an in-kind replacement fence and further requested that the wall be relocated farther into the property to align with the adjacent subdivision wall.

The Project design team evaluated these requests; however, the City determined that the proposed modifications were outside the approved project scope. In an effort to address the owners’ concerns, maintain a cooperative relationship, and avoid project delays, the City requested that the owners obtain independent construction estimates and submit a counteroffer for consideration.

On May 1, 2026, the owners submitted two construction estimates for consideration:
 Champion Construction: $44,925 (including demolition, permits, and wall construction)  John Barajas Masonry Contractor: $28,300 (wall construction only; does not include demolition and permits)
Neither estimate included the relocation and replanting of the existing date palm trees.

On May 20, 2026, the owners submitted a written counteroffer in the amount of $93,295. The counteroffer included the City's determined just compensation of $25,100, which accounts for the original 4,089 square feet, plus an additional 68 square feet of Temporary Construction Easement discussed with the owners on February 11, 2026, for a total area of 4,157 square feet. The owners further proposed to assume responsibility for all demolition and reconstruction activities associated with the fencing improvements, thereby relieving the City and its contractor of those obligations.

Throughout subsequent negotiations, discussions remained focused on fencing, landscaping, and restoration impacts. The owners provided supporting documentation and contractor estimates totaling approximately $58,400 from Emery Land Clearing and Grading, John Barajas Masonry, and WD Young Palm Trees, and consistently maintained their settlement position of $93,295.

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 163 of 1638 A significant benefit of the proposed settlement is that the owners have agreed to assume responsibility for coordinating and managing the demolition, permitting, construction, and landscaping work associated with the frontage improvements. This arrangement reduces the City's administrative burden, limits construction coordination issues, minimizes potential disputes regarding workmanship and aesthetics, and shifts responsibility for implementation to the party most invested in the final outcome.

By allowing the owners to construct improvements that meet their expectations, the City reduces the likelihood of future claims, complaints, or requests for additional work while ensuring that the property is restored in a manner satisfactory to the owners.

The parties reached a settlement agreement on June 23, 2026, in the amount of $93,295. This settlement reflects the value of the permanent easement area. Monument has advised that the settlement amount represents a reasonable and supportable outcome based on market conditions and corridor location.

The permanent road and utility easements allow placement and long-term access for public utility infrastructure. In this case, the easement areas will accommodate two lanes of traffic in the eastbound direction, with room for sidewalks and bike lanes along the property, along with rights for installation, maintenance, repair, and access for utilities.

The temporary construction easement allows the City and its contractors to enter and use a defined portion of the property along the Avenue 50 frontage strictly for construction and related activities.

This easement is limited in duration and expires twelve (12) months after the City issues a written Notice to Proceed to the contractor, unless extended by mutual agreement.

The agreed upon amount of just compensation is the sum of Ninety-Three Thousand, Two Hundred Ninety-Five Dollars ($93,295). The City’s offer is the full amount that the City has determined to be the fair market value of the entire Property Interest.

Key terms of the agreement include:

1. Payment of $93,295 as full compensation for all acquired permanent and temporary easement interests

2. Permanent easements allowing for roadway, public utility, access, and related municipal infrastructure purposes

3. A temporary construction easement allowing access, grading, staging, and construction support activities

4. The owner retains underlying property ownership subject to the easement rights granted

5. The owner assumes construction responsibilities for coordinating, managing the demolition, permitting, construction, and landscaping work associated with the frontage improvements on their property.

6. The agreement includes standard settlement, release, indemnity, and title conditions

7. Easement deeds will be recorded following escrows with a Certificate of Acceptance executed by the City Manager.

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 164 of 1638 This acquisition provides the permanent and temporary property rights necessary to construct the planned roadway and utility improvements while limiting impacts to defined areas. Staff believe the negotiated compensation and terms are reasonable and consistent with similar corridor acquisitions and recommend acceptance to allow the Project to proceed on schedule.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$93,295 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: Capital Improvement - Fund 300 Fund-Org-Object Reference:
300-551006
Additional Financial Details:

Right-of-way acquisitions for the Jackson Street Improvement Project Phase 2, are included in the Fiscal Year 2026/27 project budget. Under and existing Cooperative Agreement, the Coachella Valley Associations of Government (CVAG) will reimburse 75% of the eligible project costs, including right-of-way acquisitions.

Project Code: PW-TS1901 $93,295
$69,971.25 (CVAG 75%) / $23,323.75 (City share 25%)
ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Resolution No. 10585 - Jackson St - ROW - Norris Attachment 3 - Barton ROW (Exhibit A)
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 30 Jun 2026 Ruby D. Walla, Director of Finance Approved - 08 Jul 2026 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2026 Jonathan Nicks, City Manager Approved - 09 Jul 2026

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 165 of 1638 ATTACHMENT 1

PROJECT LOCATION MAP

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 166 of 1638

PROPERTY LOCATION MAP
82891 AVENUE 50

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 167 of 1638

EXISTING CURB

ADJACENT PROPERTY

EXISTING CURB

ADJACENT PROPERTY

EXISTING WROUGH IRON

FENCE WITH PILASTERS

OWNERS DESIRED

LOCATION OF WALL

NEW CURB LINE

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 168 of 1638 RESOLUTION NO. 10585

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT-OFWAY CONTRACT BETWEEN THE CITY OF INDIO; AND BARTON BRIAN

NORRIS AND ELISE MICHELE NORRIS, FOR THE ACQUISITION OF APPROXIMATELY 2,660 SQUARE FEET OF PERMANENT ROADWAY
EASEMENT, AND APPROXIMATELY 4,157 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENT OF A PARCEL IDENTIFIED AS APN 779-070- 022, LOCATED AT 82891 AVENUE 50, TO FACILITATE THE CONSTRUCTION OF THE JACKSON STREET IMPROVEMENT PROJECT PHASE 2, CITY PROJECT NO. PW-TS1901.

WHEREAS, The city is advancing the Jackson Street Phase 2 Improvements Project (the “Project”). The Project corridor extends along Jackson Street from Odlum Drive/Avenue 49 to approximately 1,600 feet south of Avenue 52, and along portions of Avenue 50 and Avenue 52 east and west of Jackson Street; and WHEREAS, Phase 1 of the Project completed initial pavement rehabilitation and installed underground utilities, drainage improvements, conduit for future traffic signals and streetlights, and selected sidewalks, curb ramps, and driveways; and WHEREAS, Phase 2 will complete the ultimate roadway widening and install new traffic signals at Avenue 50, Avenue 51, and Avenue 52. When finished, Jackson Street will include two lanes in each direction, a center turn lane, Class II bike lanes, and the remaining pedestrian access improvements; and
WHEREAS, Before Phase 2 can proceed to construction, the City must complete required right-of-way acquisitions, including permanent roadway and utility easements and a temporary construction easement from property located at 82891 Avenue 50 Assessor Parcel Number 779-070-022 (the “Property”), and based on a review of public records, are the owners of record; and WHEREAS, the approximately 2,660 square feet of permanent roadway easement will complete the ultimate roadway widening and install new traffic signals at Avenue 50, Avenue 51, and Avenue 52. When finished, Jackson Street will include two lanes in each direction, a center turn lane, Class II bike lanes, and the remaining pedestrian access improvements; and
WHEREAS, the approximately 4,157 square feet of temporary construction easement allows the City and its contractors to enter and use a defined portion of the property along the Avenue 50 frontage strictly for construction and related activities. This easement is limited in duration and expires twelve (12) months after the City issues a written Notice to Proceed, unless extended by mutual agreement; and
1

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 169 of 1638 WHEREAS, the agreed upon amount of just compensation for the property interest is the sum of ninety-three thousand, two hundred ninety-five dollars ($93,295), and the offer is the fair market value of the property interest.

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

Section 1. The City Council hereby finds that all of the facts set forth in the recitals of this resolution are true, correct, and are incorporated herein.

Section 2. The City Council finds and declares that the purpose of the permanent easements allow roadway, public utility, access, and related municipal infrastructure purposes.

Section 3. The City Council finds and declares that the purpose of the temporary construction easement allows access, grading, staging, and construction support activities.

Section 4. The City Council hereby approves the Easement Deeds attached herein as Exhibit A and hereby authorizes the City Manager to execute Certificates of Acceptance and transmit to the County of Riverside Recorder’s Office for recordation.

Section 5. The City Council hereby authorizes the City Manager to take any and all actions required to effectuate the provisions of this Resolution.

Section 6. This Resolution shall be effective upon adoption.

Section 7. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of July 2026.

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 170 of 1638

EXHIBIT A

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 171 of 1638

EXHIBIT A

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 172 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 173 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 174 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 175 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 176 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 177 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 178 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 179 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 180 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 181 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 182 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 183 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 184 of 1638

H:\2022\22-0013\Drawings\Mapping\Legals & Plats\TCE\779-070-002\22-0013 TCE APN 779-070-002 LEGAL.docx Albert A. Webb Associates

TEMPORARY CONSTRUCTION EASEMENT

LEGAL DESCRIPTION

THAT PORTION OF THE NORTH HALF, OF THE NORTHEAST QUARTER, OF THE NORTHEAST QUARTER, OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN

BERNARDINO MERIDIAN, LYING IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID PORTION BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF AVENUE 50 (30.00

FEET IN SOUTHERLY HALF WIDTH) WITH THE CENTERLINE OF JACKSON STREET (30.00 IN WESTERLY HALF-WIDTH) AS SHOWN BY MAP OF TRACT NO. 30606 ON FILE IN BOOK 377 OF MAPS, PAGES 93 THROUGH 95, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA;
THENCE SOUTH WEST ALONG SAID CENTERLINE OF AVENUE 50, A DISTANCE OF 660.26 FEET TO THE NORTHWEST CORNER, OF THE NORTHEAST QUARTER, OF THE NORTHEAST QUARTER, OF SAID SECTION 2;

THENCE WEST, ALONG THE

WESTERLY LINE OF SAID NORTHEAST QUARTER, OF THE NORTHEAST QUARTER, OF SECTION 2, A DISTANCE OF 44.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 44.00 FEET, MEASURED AT A RIGHT ANGLE FROM SAID CENTERLINE OF AVENUE 50 FOR THE TRUE POINT OF BEGINNING;

THENCE ALONG SAID PARALLEL LINE, A DISTANCE OF
190.03 FEET TO THE WESTERLY LINE OF QUITCLAIM DEED, RECORDED FEBRUARY 19, 1962, AS INSTRUMENT NO. 15634 OFFICIAL RECORDS OF SAID COUNTY;

THENCE ALONG SAID WESTERLY LINE OF QUITCLAIM
DEED, A DISTANCE OF 17.00 FEET, TO A POINT BEING ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 61.00 FEET, MEASURED AT A RIGHT ANGLE, FROM SAID CENTERLINE OF 50TH AVENUE;

THENCE LEAVING SAID WESTERLY LINE, SOUTH ALONG SAID
PARALLEL LINE, A DISTANCE OF 8.77 FEET;

THENCE LEAVING SAID PARALLEL LINE AT A RIGHT ANGLE,
SOUTH EAST, A DISTANCE OF 24.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 85.00 FEET, MEASURED AT A RIGHT ANGLE FROM SAID CENTERLINE OF AVENUE 50;

THENCE SOUTH

34.00 FEET;

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 185 of 1638

H:\2022\22-0013\Drawings\Mapping\Legals & Plats\TCE\779-070-002\22-0013 TCE APN 779-070-002 LEGAL.docx Albert A. Webb Associates

THENCE LEAVING SAID PARALLEL LINE AT A RIGHT ANGLE,
NORTH WEST, A DISTANCE OF 24.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 61.00 FEET, MEASURED AT A RIGHT ANGLE FROM SAID CENTERLINE OF AVENUE 50;

THENCE SOUTH
104.27 FEET;

THENCE LEAVING SAID PARALLEL LINE AT A RIGHT ANGLE,
SOUTH EAST, A DISTANCE OF 5.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 66.00 FEET, MEASURED AT A RIGHT ANGLE FROM SAID CENTERLINE OF AVENUE 50;

THENCE SOUTH

22.00 FEET;

THENCE LEAVING SAID PARALLEL LINE AT A RIGHT ANGLE,
NORTH WEST, A DISTANCE OF 5.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 61.00 FEET, MEASURED AT A RIGHT ANGLE FROM SAID CENTERLINE OF AVENUE 50;

THENCE SOUTH , A DISTANCE OF

21.03 FEET TO THE EASTERLY LINE OF D OF SAID TRACT NO. 30606;

THENCE OF LOT D , AND THE
EASTERLY LINE OF LOT A OF SAID TRACT NO. 30606, A DISTANCE OF 17.00 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 4,157 SQUARE FEET, MORE OR LESS.

HEREOF.

PREPARED UNDER MY SUPERVISION
______________________________ _______________ Michael E. Johnson, L.S. 7673 Date Prepared By: CGS
Checked By: MEJ
Michael E. Johnson

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 186 of 1638 WEBB
N
W E
S

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 187 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 188 of 1638

Resolution No. 10585, Authorizing the City Manager to Execute a Right-of... Page 189 of 1638 City of Indio
City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10586, Authorizing the City Manager to Execute a Right-ofWay Contract with James H. Clark for the Acquisition of Temporary Construction Easements Over Portions of APNs 612-280-001 and 612-280- 002 for the Jackson Street Improvement Project Phase 2, City Project No.

PW-TS1901, and Authorizing Acceptance and Recordation of Related Easement Documents
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 10586 authorizing the City Manager, or the City Manager’s designee, to execute a Right-of-Way Contract with James H. Clark, a single man, for the acquisition of temporary construction easements over portions of APN 612-280-001, located at 49604 Jackson Street, and APN 612-280-002, located at 49732 Jackson Street, in the total amount of $9,600.00; authorizing the City Manager, or the City Manager’s designee, to execute certificates of acceptance, escrow instructions, closing documents, and related documents necessary to complete the acquisition; authorizing acceptance and recordation of the related temporary construction easement documents; and authorizing the Finance Department to process the necessary project accounting entries as reflected in the Financial Details section of this staff report.

SUMMARY:

The City is advancing the Jackson Street Improvement Project Phase 2, City Project No. PWTS1901. Before Phase 2 may proceed to construction, the City must secure certain right-of-way interests necessary for construction of the planned roadway, utility, traffic signal, drainage, bicycle, and pedestrian improvements. The proposed action would authorize the City Manager to execute a Right-of-Way Contract with James H. Clark for the acquisition of temporary construction easements over portions of two properties located along the Jackson Street frontage. The temporary construction easement areas consist of approximately 7,278 square feet over APN 612-280-001, located at 49604 Jackson Street, and approximately 5,455 square feet over APN 612-280-002, located at 49732 Jackson Street. The temporary construction easements will allow the City and its contractors to enter and use the defined easement areas for temporary construction-related purposes, including access, grading, staging, driveway and frontage work, and other construction support activities necessary for the Project. The property owner will retain underlying ownership of the affected properties, subject to the temporary easement rights granted to the City. The easements are limited in duration and will expire twelve months after commencement as provided in the Right-of-Way Contract and Grant of Easement, unless extended by mutual agreement and payment of additional compensation, as applicable. The City’s right-of-way consultant presented a written offer to the property owner based on the City’s determination of just compensation. The AGENDA ITEM #9.9
Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 190 of 1638 parties have reached agreement on a total acquisition amount of $9,600.00. Approval of the resolution will authorize execution of the Right-of-Way Contract, payment of the agreed compensation and related closing costs, acceptance and recordation of the Grant of Easement, and completion of the acquisition so the Project may proceed.

BACKGROUND INFORMATION:

The city is advancing the Jackson Street Phase 2 Improvements Project No. PW-TS1901 (the “Project”). Before Phase 2 can proceed to construction, the City must complete required right-of-way acquisitions, including a temporary construction easement from two properties owned by Dr. James H. Clark, located at 49604 Jackson St (APN 612-280-001) and 49732 Jackson St (APN 612-280- 002), (the “Property”).

The Project corridor extends along Jackson Street from Odlum Drive/Avenue 49 to approximately 1,600 feet south of Avenue 52, and along portions of Avenue 50 and Avenue 52 east and west of Jackson Street.

Phase I of the Project completed initial pavement rehabilitation and installed underground utilities, drainage improvements, conduit for future traffic signals and streetlights, and selected sidewalks, curb ramps, and driveways. Phase II will complete the ultimate roadway widening and install new traffic signals at Avenue 50, Avenue 51, and Avenue 52. When finished, Jackson Street will include two lanes in each direction, a center turn lane, Class II bike lanes, and the remaining pedestrian access improvements. The Project will be advertised for bids once all right-of-way requirements are secured.

The property owner, James H. Clark were presented an offer for the acquisition of the following (the “Property Interest”):
 Approximately 7,278 square feet of temporary construction easement of a parcel located at 49604 Jackson St; and
 Approximately 5,455 square feet of temporary construction easement of a parcel located at 49732 Jackson St
These areas are shown in the legal descriptions and exhibit maps included in the Right-of-Way Contract.

Monument, the City’s right-of-way consultant, presented a written offer on October 11, 2025, in the amount of $9,600 based on an appraisal and determination of just compensation.

The parties reached an agreement on June 11, 2026, in the amount of $9,600. This settlement reflects the value of the temporary construction easement area. Monument has advised that the settlement amount represents a reasonable and supportable outcome based on market conditions and corridor location.

The temporary construction easement allows the City and its contractors to enter and use a defined portion of the property along the Jackson Street frontage strictly for construction and related activities. This easement is limited in duration and expires twelve (12) months after the City issues a written Notice to Proceed to the contractor, unless extended by mutual agreement.

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 191 of 1638 The agreed upon amount of just compensation is the sum of Nine Thousand Six-Hundred Dollars ($9,600). The City’s offer is the full amount that the City has determined to be the fair settlement of the entire Property Interest.

Key terms of the agreement include:

1. Payment of $9,600 as full compensation for all acquired temporary easement interests

2. A temporary construction easement allowing access, grading, staging, and construction support activities

3. The owner retains underlying property ownership subject to the easement rights granted

4. The agreement includes standard settlement, release, indemnity, and title conditions

5. Easement deeds will be recorded following escrows with a Certificate of Acceptance executed by the City Manager.

This acquisition provides the temporary property rights necessary to construct the planned roadway and utility improvements while limiting impacts to defined areas. Staff believe the negotiated compensation and terms are reasonable and consistent with similar corridor acquisitions and recommend acceptance to allow the Project to proceed on schedule.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$9,600 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: CIP Improvements Fund - 300 Fund-Org-Object Reference:
300-551006
Additional Financial Details:

Right-of-way acquisitions for the Jackson Street Improvement Project Phase 2, are included in the Fiscal Year 2026/27 project budget. Under and existing Cooperative Agreement, the Coachella Valley Associations of Government (CVAG) will reimburse 75% of the eligible project costs, including right-of-way acquisitions.

Project Code: PW-TS1901
Increase appropriations:
300-551006 Land – Right-of-Way $9,600
Increase revenue:
300-103045 Reimbursement $7,200 (CVAG 75%)
Expected offset:
300-551006 Land-ROW Rollover FY26 $2,400 (City share 25%)

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 192 of 1638 ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Resolution No. 10586 - Jackson St Improvement phase 2 ROW Clark Attachment 3 - Exhibit A - Clark
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 06 Jul 2026 Ruby D. Walla, Director of Finance Approved - 06 Jul 2026 Milja Miric, Assistant City Attorney Approved - 06 Jul 2026 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2026 Jonathan Nicks, City Manager Approved - 08 Jul 2026

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 193 of 1638

PROPERTY LOCATION MAP
49604 JACKSON ST
49732 JACKSON ST

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 194 of 1638 49604 JACKSON ST
49732 JACKSON ST

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 195 of 1638 RESOLUTION NO. 10586

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT-OFWAY CONTRACT WITH JAMES H. CLARK FOR THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS OVER PORTIONS OF APNS 612- 280-001 AND 612-280-002 FOR THE JACKSON STREET IMPROVEMENT PROJECT PHASE 2, CITY PROJECT NO. PW-TS1901, AND AUTHORIZING

ACCEPTANCE AND RECORDATION OF RELATED EASEMENT DOCUMENTS WHEREAS, the City of Indio is advancing the Jackson Street Improvement Project Phase 2, City Project No. PW-TS1901 (the “Project”); and WHEREAS, the Project corridor extends along Jackson Street from Odlum Drive/Avenue 49 to approximately 1,600 feet south of Avenue 52, and along portions of Avenue 50 and Avenue 52 east and west of Jackson Street; and WHEREAS, Phase 1 of the Project completed initial pavement rehabilitation and installed underground utilities, drainage improvements, conduit for future traffic signals and streetlights, and selected sidewalks, curb ramps, and driveways; and
WHEREAS, Phase 2 of the Project will complete ultimate roadway widening and related public improvements, including new traffic signals at Avenue 50, Avenue 51, and Avenue 52, two travel lanes in each direction, a center turn lane, Class II bike lanes, and remaining pedestrian access improvements; and WHEREAS, completion of the Project requires the acquisition of temporary construction easements over portions of certain real property owned by James H.

Clark, a single man, located at 49604 Jackson Street, identified as APN 612-280- 001, and 49732 Jackson Street, identified as APN 612-280-002; and WHEREAS, the required temporary construction easement areas consist of approximately 7,278 square feet over APN 612-280-001 and approximately 5,455 square feet over APN 612-280-002, as more particularly described and depicted in the legal descriptions and plat maps attached to the Right-of-Way Contract and related Grant of Easement; and
WHEREAS, the temporary construction easements will allow the City and its contractors to enter and use defined portions of the properties along the Jackson Street frontage for temporary construction-related purposes, including access, grading, staging, driveway and frontage work, and other construction support activities necessary for the Project; and
WHEREAS, the temporary construction easements are limited in duration and will commence upon delivery of written notice as provided in the Right-of-Way Contract and Grant of Easement, and expire twelve (12) months thereafter unless

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 196 of 1638 extended by mutual agreement and payment of additional just compensation, as applicable; and
WHEREAS, the City’s right-of-way consultant presented a written offer to the property owner based on the City’s determination of just compensation for the temporary construction easement interests; and
WHEREAS, the property owner has agreed to convey the temporary construction easements to the City for the total amount of Nine Thousand Six Hundred Dollars ($9,600.00), subject to the terms and conditions set forth in the Right-of-Way Contract; and
WHEREAS, the City Council desires to approve the Right-of-Way Contract, authorize payment of the agreed compensation and related escrow and title costs, authorize acceptance and recordation of the Grant of Easement and Certificate of Acceptance, and authorize the City Manager to take all actions necessary to complete the acquisition.

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

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Approval of Right-of-Way Contract. The City Council hereby approves the Right-of-Way Contract with James H. Clark, a single man, for the acquisition of temporary construction easements over portions of APNs 612-280- 001 and 612-280-002 for the Jackson Street Improvement Project Phase 2, City Project No. PW-TS1901, in the total amount of Nine Thousand Six Hundred Dollars ($9,600.00), in substantially the form attached to the staff report accompanying this Resolution.

Section 3. Authorization to Execute Documents. The City Council hereby authorizes the City Manager, or the City Manager’s designee, to execute the Rightof-Way Contract, the Certificate of Acceptance, escrow instructions, closing documents, and any other certificates, instruments, or documents necessary or appropriate to complete the acquisition of the temporary construction easements, subject to approval as to form by the City Attorney.

Section 4. Acceptance and Recordation of Temporary Construction Easements. The City Council hereby authorizes acceptance of the Grant of Easement for temporary construction easement purposes over the portions of APNs 612-280-001 and 612-280-002 described in the Grant of Easement and authorizes the City Manager, or the City Manager’s designee, to execute the Certificate of Acceptance and cause the Grant of Easement and related documents to be recorded in the Official Records of Riverside County.

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 197 of 1638 Section 5. Payment and Closing Costs. The City Council hereby authorizes payment of Nine Thousand Six Hundred Dollars ($9,600.00) as full compensation for the temporary construction easement interests, together with any escrow, title, recording, or other closing costs for which the City is responsible under the Right-of-Way Contract, subject to available budgeted funds and the terms of the approved transaction documents.

Section 6. Implementation. The City Manager, or the City Manager’s designee, is hereby authorized to take any and all actions necessary or appropriate to implement this Resolution and complete the acquisition, including making nonsubstantive revisions to the transaction documents, opening and closing escrow, depositing funds, accepting title, and coordinating recordation of the easement documents.

Section 7. Effective Date. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED AND ADOPTED this 15th day of July, 2026. ________________________________

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK
______________________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 198 of 1638

EXHIBIT A

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 199 of 1638 

 
ŢŢŢŢŢŢ Ţ Ţ

ŢŢŢ ŢŢŢ ŢŢČŢĴŢŢŢŢŢŢŢŢŢŢĩŢŢŢ ŢŢŢŢ ŢŢŢ Ţ Ţ ŢŢ Ţ Ţ ŢŢ ŢŢ ŢŢ ŢŢŢŢŢŢŢŢŢŢŢŢŢŢĥŢŢĦŢŢŢŢŢ ŔŢ ŢĄĤŢŢŕĕŢ ŕĕŢŢňŢļŢŢŢŢ Ţ Ţ ŀŢ ŐŃŢʼnĖĬĪŢŁėřŢŢ ŢŢ Ţ Ţ ćŢŢŢŢŢŢŢŢ ŢŢŢ Ţ ŢŢŢŢŢŢŢ ŢŢŘŢŢŢĔŢīŢŢŢŢ ŢŢŢŢŢŢŢŢŢŢŢŢŢŢŢŢŢŢŢŢ ŢŢŢŢŢŢŢ ŢŢŢŢ Ţ ŢŖŢŢŢŢŢŢŢ š ŢŢŢŢŢŢŢŝŢ
ŢŢŢŢŢŢŢŢčŢŢĈŢŢŢŢđŢŢĭŢĭŢ  Ţ Ţ Ţ ŢŢŢőŢŢŢ ŢŢ ŢŢ Ţ ąŢ Ţ ŢŢŢĢŢĘŢŢŢęŢŢŢŢŢĎŢŢŢŊŢŢ ŢōŢŢŢŢŢŢĹŢŢŢœŢŢŢŢĚŢ ĚŢ  ŢŢĿěŢŢŢŢŢŢŚĜŢŢŢŢħŢŢŗŢŢŢŢŢ Ţ Ţ Ţ Ţ Ţ Ţ ĽŢ ŢŢ įĝŢ Ţ Ţ Ţ Ţ ĮŢ Ţ ŢŢ  İŢŢľŢŎŢŢ İŢ   ŢķŢŢŢŢĸşŢŢ Ţ Ţ ĆŢ Ţ ŢŢ Ţ ŅŢŢŢ ŢŢŢŢŢŢŢŢŢ ŢŢŢŢŢŢ ŢŢŢŢŢŢŢŢŢĀŢŢ  ŢŢďŢŢŢŞŢŢŢŢŢŢŢŢŢŢŢŢŢŢāŢ Ţ Ţ Ţ ĐŢ ŢŢ ŋŢ ŢĨĞŢ Ţ ģĶńğŢ ĂŢŏĒŢ ĠŢ  Ţ Ţ ŢŢŢĺŢēŢŒŇŢ ŢłŢŢŢıŢŢŢŢ ĵŢ ŢŢŢŢŢIJŢŢŢ IJŢŢ ŢŢŢŢŢŢŢġ  ŢĉŢ ŢŢ ĉŢŢ
 Ţ ŢŢŢŢŢŢŢŢŢŢ 
ŢŢŠŢĊŢŢņŢŢŜŢŢśŢ ŢŢŢŢŢŢŢ ŢŢŢŢċŢŢŢŢŢŢŢŢŢŢ ŌijŢŢŢŢ ŢŢŢŢŢ
Ţ ŢŢĻăŢ

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 200 of 1638  

 ƂƂƂƂƂƂƂƂĐƂƂƂƂƂƂƂƂƂƂƂ ƂƂƂńƂƂƂ ƂƂƂƂƂƂƂƂƂƂƂƂƂ ƂƂƂšƂšƂ ƂƂƂƂ ƂŢƂƂŵƂƂƂƂ Ƃ Ƃ ƂƂƂ Ƃ ƂƂ Ƃ Ƃ ƂƂƂƂ ƂŎƂ ƂŠƂƂ ƂƂ Ƃ Ƃ ƂƂ ƂĵƂ ŧƂƂƂ  ƂƂƂƂƂƂƂƂƂƂħƂƂƂ ƂƂ ůƂƂƂƂ ƂƂıƂƂƂŅňƂƂĶŗƂŷƂƂķƂƂśƂŸƂƂƂʼnƂƂƂ ƂĊċƂƂƂƂƂƂƂƂƂƂƂČ ƂƂƂƂƂƂƂƂƂ
 ƂƂƂƂ ƂƂƂƂƂƂƂƂƂƂƂđƂ ƂƂƂƂƂƂƂƂƂ ƂƂƂƂīƂ ƂƂņ Ƃ ƂƂƂţƂ ţƂƂƂŀƂƂƂ ŀƂ ƂƂƂĒƂƂĪ Ƃ Ƃ Ī ƂƂƂ ŨƂ ƂƂ ļƂƂŘĸƂ ŘĸƂƂƂƂƂIJƂƂƂ ƂƂƂƂ Ƃ ƂƂ ƂƂƂƂ ŁƂ ŁƂƂ ƂƂ Ƃ ĬƂƂƂ łƂ Ƃ Ƃ Ƃ Ƃ Ƃ ƂƂƂ ĚœƂƂŏƂ Ƃ ƂƁƂ ƂƂƂƂ ƂƂ Ƃ Ƃ ƂƂƂijƂŹƂƂćƂƂ Ƃ ƂƂƂƂƂƂƂƂ ĭƂ Ƃ āƂ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ ŃƂ  ƂŽƂƂĞƂşŴƂƂƂƂƂƂƂ ĨƂ ƀƂ ƂƂƂƂ ƂĦƂ ƂƂ Ƃ Ƃ Ƃ ƂƂ Ƃ  Ƃ Ƃ Ƃ ğƂ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ  ƂƂƂƂƂƂƂƂĽƂ ƂƂƂ ƂƂƂĂƂƂƂƂƂ ƂƂƂƂƂ ĠƂ Ƃ Ƃ řƂ ƂƂƂƂƂƂ ŤƂăƂƂƂƂġƂƂĩƂƂƂƂƂƂŐēƂƂƂƂƂƂ Ƃ ĈőƂ Ƃ Ƃ ĈőƂ ƂƂ Ƃ Ƃ ŒƂ Ƃ Ƃ Ƃ Ƃ čƂ Ƃ Ƃ Ƃ Ƃ Ƃ Ƃ ƂŊƂ Ƃ ƂƂƂ ƂƂƂŲƂƂƂƂƂ Ƃ Ƃ Ƃ Ƃ  ƂĜƂŰƂƂƂƂƂƂƂƂƂƂƂƂźƂ ƂƂƂƂƂ ƂİƂƂƂƂƂƂƂƂƂƂ ƂĥƂƂƂƂſƂƂƂƂƂƂƂƂƂƂƂƂƂ Ƃ ƂƂ ƂƂ ƂƂƂƂƂƂ  ƂƂƂƂƂƂƂƂ ƂƂƂĮƂƂƂĢƂƂƂƂƂƂĉƂ ƂƂƂƂƂƂƂƂƂƂƂƂ ƂƂƂƂƂŚƂƂ  ƂƂƂƂƂƂƂƂƂƂ ƂƂƂƂƂƂƂƂ ĴƂ ĴƂƂƂƂ ŔĀƂƂģƂ ƂŔĀƂ ģƂƂŶƂƂĹƂƂƂĄƂƂĺƂũƂ ąƂįƂƂŇľƂ ĻžƂŻŕƂƂƂŜ 
 ŋƂƂƂƂƂƂƂƂƂƂĎĤƂųƂƂƂĔƂ ƂĕƂƂƂƂƂŮƂƂƂƂƂ ƂďĿƂƂƂƂżƂƂƂƂƂŪƂƂŦƂ żƂ ŦƂƂƂƂ ƂƂŖ ƂƂƂƂƂƂěƂƂƂƂƂƂƂƂƂƂƂŌƂ ŌƂƂƂƂƂƂ ƂĖėƂƂƂƂƂƂƂƂƂƂ  ŝŞƂūƂ ŝŞƂ ōƂƂŬƂƂƂƂĝĆƂƂťƂƂƂƂ  ƂƂƂ ƂƂƂűƂƂĘęŭƂƂƂƂƂƂƂƂ Ƃ 

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 201 of 1638 

 ƠƠƠƠƠšƠ šƠƠƠƠņƠēƠƠƠƠƠƠƠĠƠ ƠƠƠƠ ƠƠƠƠƠƠƠƠƠƠƠƠƠŧƠ ƠŭƠƠƠƠƠƠ Ơ ŶƓƠ ƠƠ ƠƠƠ ƠƠ Ơ Ơ  Ơ ƠİžƠƠƠƠƠ ƠıƠ ıƠƠƠġƕƠƠ ƠƠĮƠƠ ƠƠƠƠƠƠƠƠƠƠƠ ƠƠ Ơ
 ƠƠƠƠƠƠƠƠƠƠŜƠƠƠƠƠƠƠƠƠƠƠƠƠ ƠƠ ƠƠīƠƠƠƠƠƠƠƠƠ ƠźƠƠƠƠŢ ƠƠ ƠƠƠƠIJƠƠƠƠƠƠƠ Ơ ƠƠƠ ƠƠƠƠƠƠƠŲƠŃĢƠ Ơ ƠƠƠƠƠƠƠĦğƠƠŨĽ ƠƠƠƠƠŇƠƠƠƠƠƠƠƠƠƠƠƙƠƠƠ ƠƠƠŐƠƠƠŽƠ ŽƠ Ơ ƠƠƠƠƠƠƠƠƠƠ ƠƠƠƠ
 ƠƠƠƠƠƠƠƠƠ ƠƠƠƠƠƠƠƠƠƠƚ ƠƠƠƠƠ Ơ ƠƠƠƠƠƠƠƠ ƠƋƠƐƠijƠ ƠƠƠƠƠ ƠƛƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠ ƠƠ ƠŘƠƠƠƠƠƠƠƠƠƠƠķƠƠƠ ƠƠ Ơ ƠƠƠƠ ƠũƠ ƠƠƠƠƠƠ ĔƠ Ơ Ơ ƠƠƠƠƠƠƠƠ ƠƠƠƠƠƠƠƠƠƠƠ ƠƠƠƠƠƠƠ ƠƠƠƠĺƠƠƠƠƠƠƠƠĹƠƠƜƠƠ 
 ƠƠƠƠ ƠƠ ƠƠƠƠƠ ŻƠƠƠőƠƠƠƠƠƠƠ ƠƠƠƠĻƠƠƠƠ ƠċƠ ƠĴƠ ƠƠĵƠſƠƠƠƠ Ơ
ƠƠƠƠŁƠƠƠƠƠƠƠƠƠĶƠƠƠƠƠ ŝƠƠƠƠƠƠƠƠ ƠƠƠ ƠƠļƠļƠ ƠƠƠƠƠƠƠ ƠƠƠƏĕƠƠňƖƈƠƠŅƠƠƠ ňƖƈƠ ƠƠ  Ơ ƠƠƠʼnƠƠƠ ƠƠƠƠƠƠƠƠƠĪƠƠƠŹƠƠ ƠƠƠŕƠƠţƠ ĖƠ ţƠńŒ Ā
ƠƠƠŔƠƠƠƑƠ Ơ ƑƠƠ ƠƠƠƠƠƠśƠƠűƠ ƠżƠƠƠŖƠƠƠ ƠƠƠ ƠƠƠƠŰřƠąƠƠĸƠƠƠƠƠƠ Ơ Ą Ơ Ơ Ơ Ơ Ơ Ơ Ơ ħůœƠƠ Ơ Ơ Ơ Ơ Ơ Ơ Ơ Ơ  ƠƠƘƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠĬƠƠƠ ƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠƠ ƠƠƠƠƠ
 ƠƠƠƠƠƠƠƠƠƠŀƠ ŀƠƠƠƠėĭƠƠƠƠ ŊƌƅƠŮįČĘƆƠŋĞĐƉŵƀƠęŤųƁƠĆƠĚƠŌƠƠđƠćŞƠčĈōŦƇƠŎşľƠƎƞƠĿƠ ƠŬƠ ƎƞƠĿ  ĨŷƠƠƠƠěƠĜƠƠƠāƠƠƠƠ Ơ ƠƗ ƠĉƂƠ ĉƂƠ Ơ ƠƠƠƠ ƠƟƠŠ ƠƠƠƠƠƠƠƠĂƠƠĒƠƠƠƠăƠƠƠƠĎƠƠƠƠťƠ Ơ ƠƠ ƠƠďƠĊƠƠŴƠƠ ďƠ Ơ ƠłƃƠƠƠƠłƃƠ ƠƠƠƠƠƠƠƠƠ ƠƠ Ơ Ơ ƠģƔƠ Ơ Ơ ŪƊĩƝƠƠƠƠ ƠŏƠŸƍƠƠƠĤƠƠƠƠƠƠƠƠƠƠƠ ƠƠƠƒƠŚƠŗƠƄƠƠƠƠū Ơ ĝĥƠ


Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 202 of 1638 

 Ņ Ņ Ņ ŅğŅ ŅŅīŅĆŅ Ņ ŅŅ Ņ Ņ Ņ Ņ ŅŅ  ŅŅŅŅŅļŅŅŅŅŅŅ ŅŅŅ ŅŅĩĎŅ ĮŅŅĴŅĔ ŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅĹĹ ŅĺŅ ŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅ ŅŅŅŅŅŅġŅŅ
 ŅŅŅŅŅŅŅŅŅŅŅŅŅŅħŅŅŅŅđŅ ŅŅŅŅŅŅŅŅŅŅŅŅāŅŅŅĿŅŅŅŅŅ ęŅĉŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅ ŅŅŅŅĐŅŅŅŅŅŅŅŅŅŅŅŅŅŅŅ ŅŅ Ņ Ņ ŅŅŅ Ņ Ņ Ņ Ņ Ņ Ņ Ņ Ņ  
 ŅŅŅŅŅŅŅŅŅŅŅŅįŅİŅ İŅŅ ŅŅŅ ŅŅŅŅŅŅģŅŅŅŅ ŅŅŅŅŅ ŅŅŅŅĖŅŅŅŅŅŅŅŅŅĒŅŅĸŅłŅŅŅĊ 
 ŅĭŅŅijŅŅŅŅŅŅŅ Ņ ŅŅŅćIJŅŅĝĞŅ ŅŅĠŅ ŅŅŅŅŅŅĨŀŅŅŅŅŅŅŅŅŅŅŅŅŅ ŅčĬŅŅŅķŅŅŅĢŅŅŅŅŅŅŅŅŅ ŅŅŅŅŅŅŅŅŅŅŅŅŅ ŅŅŅ Ņ Ņ ŅŅďŅŅŅŅŅąŅŅŅŅŅŅŅŅ ŅŅ ŅŅŅĶ ŅŅŅŅŅŅŅĚŅĀŅŅŅŅŅŅŅŅŅŅŅŅ Ņ Ņ Ņ Ņ Ņ ĂŅ Ņ Ņ Ņ Ņ ŅŅ Ņ Ņ Ņ ĈŅ Ņ ŅŅŅ ŅŅŅ ŅŅŅ ŅŅŅŅŅ ŅŅŅŅ ńŅ Ņ ŅŅŅŅŅŅŅľŅŅŅŅŅŅŅŅŅŅŅŅĕŅ  ŅŅěŅŅŅŃŅŅŅŅŅŅ ŅŅŅŅŅŅŅŅ 
 ŅŅŅŅŅŅŅŅŅŅŅŅŅŅċŅŅŅŅ ŅŅ ŅŅ Ņ ŅŅČŅŅŅŅĻŅŅŅ ŅėŅŅŅŅĘŅŅŅŅŅ ŅŅŅŅŅŅŅŅ ŅŅŅŅ 
ŅŅŅŅ
ŅŅŅ
ŅŅŅ

ŅĽŅŅŅ Ņ
ŅŅŅ
Ņ Ņ
 ŅŅŅĜŅŅŅŅŅŅĵŅŅŅŅŅŅŅŅŅŅŅŅ ŅŅŅŅŁŅŅēŅŅĤŅĥŅŅŅăŅ  ŅŅŅ ŅŅŅ ŅıĄŅŅĦŅ ŅŅĪŅŅŅ  


Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 203 of 1638  

           
                    
   
  
       
    
   
   



 

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 204 of 1638 

     
 

 


Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 205 of 1638

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 206 of 1638

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 207 of 1638

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 208 of 1638

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 209 of 1638

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 210 of 1638

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 211 of 1638

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 212 of 1638

Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 213 of 1638 
                      






Resolution No. 10586, Authorizing the City Manager to Execute a Right-of... Page 214 of 1638 City of Indio
City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement with the County of Riverside for the Conveyance of Public Road, Utility, Drainage, Slope, and Construction Easements Over Portions of City-Owned APN 610- 230-002 in Connection with the Jackson Street and Interstate 10 Interchange Widening Project, and Authorizing Execution and Recordation of Related Documents
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 10587 approving a Right-of-Way Acquisition Agreement with the County of Riverside for the conveyance of public road, utility, drainage, slope, and construction easements over portions of City-owned APN 610-230-002 in connection with the Jackson Street and Interstate 10 Interchange Widening Project; authorizing the City Manager, or the City Manager’s designee, to execute the agreement, easement deeds, escrow instructions, closing documents, and related documents necessary to complete the transaction, subject to approval as to form by the City Attorney; authorizing acceptance of compensation in the amount of $592,500.00; and authorizing staff to complete any related escrow, title, recording, Surplus Land Act, Government Code section 65402, CEQA, and administrative steps necessary to complete the transaction.

SUMMARY:

The County of Riverside Transportation Department is advancing the Jackson Street and Interstate 10 Interchange Widening Project to improve traffic operations, roadway capacity, drainage, utilities, and regional mobility in the area of Jackson Street and Interstate 10. To facilitate the Project, the County has requested acquisition of certain easement interests over portions of City-owned property identified as APN 610-230-002, located adjacent to the Jackson Street bridge over the Whitewater River Channel. The easement interests include a public road, utility, and drainage easement identified as Parcel 0049-007A, consisting of approximately 4,386 square feet; a slope easement identified as Parcel 0049-007B, consisting of approximately 11,328 square feet; and a construction easement identified as Parcel 0049-007C, consisting of approximately 86,588 square feet. The proposed Right-of-Way Acquisition Agreement has been negotiated between County and City staff.

The agreement provides for total compensation to the City in the amount of $592,500.00, based on valuation and right-of-way acquisition analysis prepared for the Project. The compensation includes payment for the public road, utility, and drainage easement, slope easement, construction easement, and trees or other improvements within the easement areas. The County will be responsible for escrow, recording, and related transaction costs as provided in the agreement. The public road, utility, and drainage easement and the slope easement are intended to be permanent easement interests. The construction easement is intended to provide temporary access and AGENDA ITEM #9.10
Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 215 of 1638 operational space necessary for Project construction activities and will be relinquished or released following completion of Project construction as provided in the final agreement and conveyance documents. Approval of the resolution will authorize the City Manager to execute the Right-of-Way Acquisition Agreement and related documents, authorize conveyance of the easement interests, authorize acceptance of compensation, and allow the Project’s right-of-way process to proceed.

BACKGROUND INFORMATION:

The City Council approved the County of Riverside Transportation Department as the lead agency responsible for delivery of the Interstate 10/Jackson Street Interchange Project (Project) to address current and future traffic demands in the area surrounding the Interstate 10 corridor and Jackson Street interchange.

The Project includes roadway widening, utility improvements, drainage infrastructure, grading, and associated construction activities necessary to improve traffic operations, roadway capacity, and regional mobility within the City of Indio and surrounding areas.

To facilitate construction of the Project, the County has requested acquisition of certain easement interests over City-owned property identified as a portion of Assessor Parcel Number 610-230-002, located adjacent to the Jackson Street Bridge over the Whitewater River Channel.

The easements to be conveyed include:
 Public Road, Utility and Drainage Easement (Parcel 0049-007A);  Slope Easement (Parcel 0049-007B); and
 Construction Easement (Parcel 0049-007C).

The construction easement area encompasses approximately 86,588 square feet and will provide temporary access and operational space necessary for project construction activities.

The proposed transaction has been negotiated between County and City staff, and compensation has been established based upon valuation done by an independent appraiser and right-of-way acquisition analysis prepared for the Project.

The Agreement provides that escrow will be opened with the County’s escrow holder and that the County of Riverside will be responsible for all escrow, recording, and related transaction costs.

The parties mutually agree that the construction easement area will be relinquished back to the City of Indio after the conclusion of the Project construction.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: General Fund - Sale of Property Fund-Org-Object Reference:
101-405105

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 216 of 1638 Additional Financial Details:

Pursuant to Attachment 5 of the agreement, the total compensation payable to the City of Indio is a one-time payment of $592,500, consisting of:
 Public Road, Utility and Drainage Easement Compensation: approximately $52,638;  Slope Easement Compensation: approximately $116,000;
 Construction Easement Compensation: $416,000; and
 Compensation for trees and other improvements within the easement areas: approximately $7,862.

The County of Riverside will also pay all escrow, recording, and related closing costs associated with the transaction. The one-time payment of $592,500 will be released from escrow once the project is complete which is estimated to be in 3-5 years.

ATTACHMENTS:

Attachment 1 - PROPERTY LOCATION MAP
Attachment 2 - Resolution No. 10587 - Jackson St I-10 ROW County Attachment 3 - Exhibit A
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 06 Jul 2026 Ruby D. Walla, Director of Finance Approved - 06 Jul 2026 Milja Miric, Assistant City Attorney Approved - 06 Jul 2026 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2026 Jonathan Nicks, City Manager Approved - 08 Jul 2026

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 217 of 1638 ATTACHMENT 1

PROPERTY LOCATION MAP

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 218 of 1638

P ROPERTY LOCATI ON M AP

CITY PROPERTY
APN 610-230-002

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 219 of 1638 1 RESOLUTION NO. 10587

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

APPROVING A RIGHT-OF-WAY ACQUISITION AGREEMENT BETWEEN THE CITY

OF INDIO AND THE COUNTY OF RIVERSIDE FOR THE CONVEYANCE OF

ROADWAY, SLOPE, AND CONSTRUCTION EASEMENTS ASSOCIATED WITH THE JACKSON STREET AND INTERSTATE 10 INTERCHANGE WIDENING PROJECT.

WHEREAS, the County of Riverside Transportation Department is advancing the Jackson Street and Interstate 10 Interchange Widening Project (the “Project”) to improve traffic operations, roadway capacity, and regional mobility within the City of Indio and surrounding areas; and
WHEREAS, the City Council previously approved the County of Riverside as the lead agency responsible for delivery of the Project; and WHEREAS, the Project includes roadway widening, utility improvements, drainage infrastructure, grading, and related construction activities necessary to address current and future traffic demands along the Interstate 10 corridor and Jackson Street interchange; and
WHEREAS, the County of Riverside has requested the acquisition of certain easement interests over portions of City-owned property identified as a portion of Assessor Parcel Number 610-230-002 in order to facilitate construction of the Project; and
WHEREAS, the easement interests to be conveyed include, a Public Road, Utility and Drainage Easement identified as Parcel 0049-007A; a Slope Easement identified as Parcel 0049-007B; and a Construction Easement identified as Parcel 0049-007C; and WHEREAS, the construction easement area consists of approximately 86,588 square feet and will provide temporary access and operational space necessary for Project construction activities; and
WHEREAS, the proposed Right-of-Way Acquisition Agreement has been negotiated between the County of Riverside and City staff, and compensation has been established based upon valuation and right-of-way acquisition analysis prepared for the Project; and WHEREAS, pursuant to the Agreement, the City of Indio will receive total compensation in the amount of Five Hundred Ninety-Two Thousand Five Hundred Dollars ($592,500.00) for the conveyance of the easement interests and associated improvements; and
WHEREAS, the County of Riverside will be responsible for all escrow, recording, and related transaction costs associated with the conveyance of the easement interests; and

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 220 of 1638 2 WHEREAS, the City Council finds that approval of the Agreement is in the public interest and supports regional transportation improvements benefiting the residents of Indio and surrounding communities.

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

Section 1. The City Council hereby finds that all of the facts set forth in the recitals of this Resolution are true and correct and are incorporated herein by this reference.

Section 2. The City Council hereby approves the Right-of-Way Acquisition Agreement between the City of Indio and the County of Riverside for the conveyance of roadway, slope, and construction easements associated with the Jackson Street and Interstate 10 Interchange Widening Project, included as Exhibit A.

Section 3. The City Council hereby authorizes the City Manager, or designee, to execute the Agreement and any related escrow, easement, conveyance, or other documents necessary to complete the transaction and carry out the intent of this Resolution.

Section 4. The City Council hereby authorizes the City Manager, or designee, to take any additional actions necessary to effectuate the provisions of this Resolution.

Section 5. This Resolution shall become effective immediately upon adoption.

Section 6. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of July, 2026. ________________________________

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK
______________________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 221 of 1638 3 EXHIBIT A

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 222 of 1638 3 EXHIBIT A

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 223 of 1638 Jackson St & I-10 Widening-Young-City of Indio

Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PROJECT: Jackson Street and Interstate 10 Interchange Widening WO: C70049
EA: 08-0M910
PARCEL(S): 0049-007A, -007B & -007C
APN(S): 610-230-002 (portions)

RIGHT OF WAY ACQUISITION AGREEMENT
The CITY OF
INDIO, a public body, corporate and politic County and Grantor are sometimes collectively referred to as

RECITALS
WHEREAS, Grantor owns that certain real property known as Assessor Parcel Number 610-230-002 located in the County of Riverside, State of California, as depicted on the and
WHEREAS, Grantor desires to sell to the County and the County desires to purchase a permanent easement interest in a portion of the Property known as Parcel 0049-007A, consisting of 4,386 square feet or 0.10 acres of land, for the purpose of constructing the Jackson Street and Interstate 10 Interchange Widening project , said easement interest is for public road, utility and drainage purposes as legally described and depicted on attached hereto and made a part hereof pursuant to the terms and conditions set forth herein ); and
WHEREAS, Grantor desires to sell to the County and the County desires to purchase a permanent easement interest in a portion of the Property known as Parcel 0049-007B, consisting of 11,328 square feet or 0.26 acres of land, for the purpose of constructing the Project, said easement interest is for slope purposes as legally described and depicted on Attachment 3 Slope Easement Area

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 224 of 1638 Jackson St & I-10 Widening-Young-City of Indio

Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, Grantor desires to sell to the County and the County desires to purchase a permanent easement interest in a portion of the Property known as Parcel 0049-007C, consisting of 86,588 square feet or 1.988 acres of land, for the purpose of constructing the Project, said easement interest is for construction purposes as legally depicted on Attachment 4 Construction and
WHEREAS, the County has reviewed the Project and determined that all significant effects have been adequately addressed in the Supplement to the Environmental Impact Report and the Addendum to the Supplement to the Environmental Impact Report pursuant to the WHEREAS, the Effective Date is the date on which this Agreement is approved and fully executed by County and Grantor as listed on the signature page of this Agreement; NOW, THEREFORE, in consideration of the payment and other obligations set forth below, Grantor and County mutually agree as follows:

ARTICLE 1. AGREEMENT

1. Recitals. All the above recitals are true and correct and by this reference are incorporated herein.

2. Consideration. For good and valuable consideration, Grantor agrees to sell and convey to the County, and the County agrees to purchase from Grantor all of the ROW Property, Slope Easement Area described herein,
including improvements (if any) identified 5 under the terms and conditions set forth in this Agreement. The full consideration for the Acquisition Areas consists of the purchase price amount for the real property interests to be acquired by the County in the amount of Five Hundred Ninety-Two Thousand Five Hundred and No/100 Dollars ($592,500.00) is to be distributed to Grantor in accordance with this Agreement.

3. County Responsibilities:

A. Upon the mutual execution of this Agreement, County will open escrow Lawyers Title Company

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 225 of 1638 Jackson St & I-10 Widening-Young-City of Indio

Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
request the Parties shall execute additional Escrow instructions as are reasonably required to consummate the transaction contemplated by this Agreement and are not inconsistent with this Agreement. In the event of any conflict between the terms of this Agreement and any additional Escrow instructions, the terms of this Agreement shall control. The Escrow Holder will hold all . That Escrow Account
will only be interest bearing when deposited amounts are a minimum of Five Hundred Thousand ($500,000.00) and will be placed at a bank approved by the County with interest accruing for the benefit of the County. The Escrow Account shall remain open until all charges due and payable have been paid and settled, any remaining funds shall be refunded to the County.

B. Upon the opening of Escrow, the County shall deposit the Consideration as follows:
i. Purchase Price. Deposit into Escrow the Purchase Price in the amount of Five Hundred Ninety-Two Thousand Five Hundred and No/100 Dollars ($592,500.00) (
C.
i. Closing Costs. County will deposit to Escrow Holder
amounts sufficient for all escrow, recording and reconveyance fees incurred in this transaction, and if title insurance is desired by County, the premium charged therefore. Said escrow and recording charges shall not include documentary transfer tax as County is exempt pursuant to California Government Code section 6103 and California Revenue and Taxation Code section 11922.
ii. County will deposit all other such documents consistent with this Agreement as are reasonably required by Escrow Holder or otherwise to close escrow.

D. County will authorize the Escrow Holder to close Escrow and release the Deposit to Grantor, in accordance with the provisions herein, and upon satisfaction of all conditions by the parties.

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 226 of 1638 Jackson St & I-10 Widening-Young-City of Indio

Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
E. At closing or Close of Escrow, County is authorized to deduct and pay from amount shown in the Deposit, any amount necessary to satisfy and handle all real property taxes, bonds, and assessments in the following manner:
i. All real property taxes shall be prorated, paid, and canceled pursuant to the provisions of section 5081 et. seq., of the Revenue and Taxation Code. ii. Pay any unpaid liens or taxes together with penalties, cost and interest thereon, and any bonds or assessments that are due on the date title is transferred.

F. County shall direct Escrow Holder to disburse the Deposit minus any and all charges due upon Close of Escrow in accordance with the escrow instructions contained in this Agreement.

G. County shall be responsible for any trash, debris and/or damage to the Acquisition Areas caused solely by County, or its assigns from the commencement of Project Construction until and through its conclusion. Such responsibility shall specifically exclude any damages or maintenance resulting from any third parties, including any guests or invitees of Grantor.

4. Grantor Responsibilities.

A. Execute and acknowledge, substantially in the forms attached hereto as 6 , 7 , 8 ( Deeds ), an Easement Deed for public
road, utility and drainage purposes, a Slope Easement Deed, and an Easement Deed for construction purposes, with said Deeds being in favor of the County of Riverside dated __________________ identified respectively as Parcel Numbers 0049-007A, 0049-007B and 0049-007C and deliver Deeds to the Escrow Holder for recordation in the Official Records of the , with said Deeds
and the property interests granted therein free and clear of all liens, encumbrances, easements, leases (recorded or unrecorded), and taxes, except:
i. Those encumbrances and easements which, in the sole discretion of the County, are acceptable;

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 227 of 1638 Jackson St & I-10 Widening-Young-City of Indio

Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ii. Current fiscal year, including personal property tax, if any, and any further assessment thereto under Chapter 3.5 of Revenue and Taxation Code of the State of California;
iii. Easements or rights of way of record over said land for public or quasi-public utility or public street purposes, if any; iv. Any items on the Preliminary Title Report (PTR) not objected to by County in a writing provided to Escrow Holder before the Close of Escrow; v. Any other taxes owed whether current or delinquent are to be made current.

B. Grantor shall indemnify, defend, protect, and hold the County of Riverside, its Agencies, Districts, Departments, their respective directors, Board of Supervisors, elected and appointed officials, employees, agents, representatives, successors, and assigns free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses, or whole or in part, directly or indirectly, by either (a) the presence of hazardous materials, toxic substances, or hazardous substances in, within, under, or about the parcel for the presence of federal, state, or local laws relating to such materials or substances. For the purpose of this Agreement, such materials or substances shall include without limitation hazardous substances, hazardous materials, or toxic substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sections 5101 to 5128; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901-87 (1988); and those substances defined as hazardous wastes in section 25117 of the California Health and Safety Code or hazardous substances in section 25316 of the California Health and Safety Code; and in the regulations adopted in publications promulgated pursuant to said laws.

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 228 of 1638 Jackson St & I-10 Widening-Young-City of Indio

Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
C. Grantor shall indemnify, defend, protect, and hold the County of Riverside, its Agencies, Districts, Departments, their respective directors, Board of Supervisors, elected and appointed officials, employees, agents, representatives, successors, and assigns free and harmless from and against any and all claims, demands, causes of action, judgements, losses, liabilities, costs or expenses which County may suffer, sustain, incur or otherwise become subject to (either directly or indirectly) to the extent the same results from or arises out of any any action or omission by Grantor, its affiliates, agents, employees or representatives, or in connection with ownership and operation of the ROW Property. Grantor warrants and covenants to County that Grantor owns all right, title, and interest in the ROW Property, free and clear of all liens, mortgages, encumbrances, security interests, and adverse claims, except for those set forth in Section 4(A) of Article 1 and has the right to transfer the ROW Property and Slope Easement Area to County. Grantor further agrees that Grantor will defend County rights, title, and interest in the ROW Property and Slope Easement Area against the demands of anyone claiming through Grantor and any person who may lawfully claim the same.

D. Grantor shall be obligated hereunder to pay for without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessitated repair, clean-up, detoxification, or decontamination of the parcel, and the preparation and implementation of any closure, remedial action, or other required plans in connection therewith, and such obligation shall continue under the parcel has been rendered in compliance with applicable federal, state, and local laws, statutes, ordinances, regulations, and rules.

E. Grantor shall be responsible for the cleanliness and maintenance of the Acquisition Areas before commencement of Project construction and resume after Project completion. County will have no responsibility for the cost of maintenance of the Acquisition Areas except as otherwise provided herein below.

Article 2. MISCELLANEOUS

1. It is mutually understood and agreed by and between the Parties hereto that the right of possession and use of the subject property by County, including the right to remove and

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 229 of 1638 Jackson St & I-10 Widening-Young-City of Indio

Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
dispose of improvements, shall commence upon the execution of this Agreement by all parties.

The Deposit includes, but is not limited to, full payment for such possession and use.

2. It is mutually understood and agreed by and between the Parties hereto that the Construction Easement Area interest will be relinquished by County after conclusion of Project construction.

3. This Agreement embodies all the considerations agreed upon between the County and Grantor. This Agreement was obtained without coercion, promises other than those provided herein, or threats of any kind whatsoever by or to either party.

4. The performance of this Agreement constitutes the entire consideration for the acquisition of the ROW Property and Slope Easement Area and shall relieve the County of all further obligations or claims pertaining to the acquisition of the ROW Property and Slope Easement Area or pertaining to the location, grade or construction of the proposed public improvement.

5. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquired any right by virtue of this Agreement.

6. This Agreement shall not be changed, modified, or amended except upon the written consent of the Parties hereto.

7. This Agreement is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the matters herein contained. This Agreement supersedes any and all other prior agreements and understandings, oral or written, in connection therewith. No provision contained herein shall be construed against the County solely because it prepared this Agreement in its executed form.

8. This Agreement shall be governed by the laws of the State of California. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 230 of 1638 Jackson St & I-10 Widening-Young-City of Indio

Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

9. Broker/Agent Fees. The County shall not be responsible for the payment of any acquisition of the property rights described herein. Any such fees or commissions shall be the sole responsibility of the Grantor, Property Owner, Seller, or other party who has engaged the broker or agent. The County has not engaged or retained any real estate broker, agent, or finder in connection with this transaction, and no such party is entitled to any compensation from the County.

10. Grantor and its assigns and successors in interest shall be bound by all the terms and conditions contained in this Agreement, and all the Parties thereto shall be jointly and severally liable thereunder.

11. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes.

12. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-NonDiscrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.

No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract. (SIGNATURE PROVISIONS ON FOLLOWING PAGE;

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 231 of 1638 [Project information-agent name-Party]

Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

13. The authority for the Director of Transportation to execute this Agreement is contained in Ordinance No. 598.

In Witness Whereof, the Parties have executed this Agreement the day and year last below written.

Dated: _____________________________
COUNTY: GRANTOR:

COUNTY OF RIVERSIDE, a political The CITY OF INDIO, a public body, subdivision of the State of California corporate and politic By: ___________________________ By: __________________________ Dennis Acuna, P.E., T.E., Director
Transportation Department
Name: _______________________

Its: __________________________

APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By: __________________________
Stephanie Nelson
Deputy County Counsel
City Manager
Jonathan Nicks

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 232 of 1638 Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Riverside County of the Property

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 233 of 1638

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 234 of 1638 Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ATTACHMENT “2”
Legal and Plat for ROW Property Parcel 0049-007A

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 235 of 1638

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 236 of 1638

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 237 of 1638

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 238 of 1638 Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ATTACHMENT “3”
Legal and Plat for Slope Easement Area Parcel 0049-007B

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 239 of 1638

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 240 of 1638

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 241 of 1638 Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
4 Plat for Construction Easement Area Parcel 0049-007C

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 242 of 1638

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 243 of 1638 Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
5 The following items to be paid by County to Grantor in the amount of $592,500.00.

Description of Acquisition(s) Amount
Easement: Public Road, Utility and Drainage
4,386 SF x $12.00/SF = $52,632.00 $ 52,638.00 (R)
Easement: Slope
4,386 SF x $12.00/SF x 85% = $115,545.60 $ 116,000.00 (R) Easement: Construction (in lieu of Temporary Construction Access Area) 86,588 SF @ $416,000.00 (based on TCAA rate) $ 416,000.00 Improvements in easement area(s)
Three (3) large trees @ $2,126.07 each $ 6,378.21
One (1) M/L tree @ $1,483.79 each $ 1,483.79
Total improvements in easement area(s) $ 7,862.00
Total Amount of Acquisition $ 592,500.00

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 244 of 1638 Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ATTACHMENT “ ”

PUBLIC ROAD, UTILITY AND DRAINAGE PURPOSES

EASEMENT DEED

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 245 of 1638 Recorded at request of and return to:

Transportation Department
Capital Projects-Real Property
3525 14th St.

Riverside, California 92501

FREE RECORDING
This instrument is for the benefit of
the County of Riverside, Transportation
Department and is entitled to be recorded
without fee or tax. (Govt. Code §6103, §27383
and Rev. & Tax Code §11922)
(Space above this line for Recorder's use)
TRA:

DTT:
058-004
$0
PROJECT:

EA:

Jackson Street and Interstate 10
Interchange Widening C70049
8-0M910-1
PARCEL: 0049-007A
APN: 610-230-002 (portion of)

EASEMENT DEED
FOR

PUBLIC ROAD, UTILITY, AND DRAINAGE PURPOSES
FOR GOOD AND VALUABLE CONSIDERATION, receipt and adequacy of which are hereby acknowledged,
The CITY OF INDIO, a public body, corporate and politic.

Grant(s) to the COUNTY OF RIVERSIDE, a political subdivision of the State of California, an easement for public road, utility, and drainage purposes, over, upon, across, and within the real property in the County of Riverside, State of California, described as follows:

See Legal Description and Plat attached hereto as Exhibits "A" and “B” and made a part hereof.

Dated: ____________________, 20_______ GRANTOR:

The CITY OF INDIO, a public body,
corporate and politic
By: ____________________________

Name: _________________________

It’s: ___________________________
Jonathan Nicks
City Manager

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 246 of 1638

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

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

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

WITNESS my hand and official seal:

Signature______________________________
Place Notary Seal Above

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 247 of 1638 PROJECT:

EA:

Jackson Street and Interstate 10
Interchange Widening C70049
8-0M910-1
PARCEL: 0049-007A
APN: 610-230-002 (portion of)

EASEMENT DEED
FOR

PUBLIC ROAD, UTILITY, AND DRAINAGE PURPOSES
CERTIFICATE of ACCEPTANCE
(Government Code Section 27281)
THIS IS TO CERTIFY that the interest in real property granted by the easement deed dated ____ ____ ___, 202___ from The CITY OF INDIO, a public body, corporate and politic to the COUNTY OF RIVERSIDE, a political subdivision of the State of California, is hereby accepted by the undersigned on behalf of the Board of Supervisors pursuant to the authority contained in County Ordinance No. 669. Grantee consents to recordation thereof by its duly authorized officer.

Dated: ____________________________

COUNTY OF RIVERSIDE,
a political subdivision of the State of California
By: __________________________________
Dennis Acuna P.E., TE., Director of Transportation

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 248 of 1638 Exhibit "A"
Legal Description

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 249 of 1638 Exhibit “B”
Legal Plat

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 250 of 1638 Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
7 SLOPE EASEMENT DEED

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 251 of 1638 Recorded at request of and return to:

Transportation Department
Capital Projects-Real Property
3525 14th St.

Riverside, California 92501

FREE RECORDING
This instrument is for the benefit of
the County of Riverside, Transportation
Department and is entitled to be recorded
without fee or tax. (Govt. Code §6103, §27383
and Rev. & Tax Code §11922)
(Space above this line for Recorder's use)
TRA:

DTT:
058-004
$0
PROJECT:

EA:

Jackson Street and Interstate 10
Interchange Widening C70049
8-0M910-1
PARCEL: 0049-007B
APN: 610-230-002 (portion of)

SLOPE EASEMENT DEED
FOR GOOD AND VALUABLE CONSIDERATION, receipt and adequacy of which are hereby acknowledged,
The CITY OF INDIO, a public body, corporate and politic.

Grant(s) to the COUNTY OF RIVERSIDE, a political subdivision of the State of California, an easement for slope purposes, over, upon, across and within the real property in the County of Riverside, State of California, as more particularly described in Exhibit “A: and depicted in Exhibit “B”, attached hereto and made a part hereof (Slope Easement Area”).

GRANTOR and GRANTOR’S successors and assigns shall not construct erect, place, maintain or permit the erection, placement, or maintenance of any building, earth fill or other structures on the Slope Easement Area. COUNTY and its contractors, agents and employees shall have free access to the Slope Easement Area and every part thereof, at all times, for the purposes of exercising the rights herein granted. GRANTOR and GRANTOR’S successors may improve the Slope Easement Area with landscaping including ground cover and shrubs - excluding any trees.

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 252 of 1638 PROJECT: Jackson Street and Interstate 10
Interchange Widening C70049
PARCEL: 0049-007B
APN: 610-230-002 (portion of)
Dated:________________, 20_____ GRANTOR:

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

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

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

WITNESS my hand and official seal:

Signature______________________________
Place Notary Seal Above
The CITY OF INDIO, a public body,
corporate and politic
By: _____________________________
Name: ___________________________
Title: ___________________________
Jonathan Nicks
City Manager

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 253 of 1638 PROJECT: Jackson Street and Interstate 10
Interchange Widening C70049
PARCEL: 0049-007B
APN: 610-230-002 (portion of)

SLOPE EASEMENT DEED
CERTIFICATE of ACCEPTANCE
(Government Code Section 27281)
THIS IS TO CERTIFY that the interest in real property granted by the easement deed dated________________, 20_____ from The CITY OF INDIO, a public body, corporate and politic to the COUNTY OF RIVERSIDE, is hereby accepted for the purpose of vesting title in the County of Riverside on behalf of the public for slope purposes, and subject to improvements in accordance with County standards, will be included into the County Maintained Road System by the undersigned on behalf of the Board of Supervisors pursuant to the authority contained in County Ordinance No. 669. Grantee consents to recordation thereof by its duly authorized officer.

Dated: ____________________________

COUNTY OF RIVERSIDE,
a political subdivision of the State of California
By: __________________________________
Dennis Acuna P.E., TE., Director of Transportation

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 254 of 1638 Updated 08/2010
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
8 CONSTRUCTION EASEMENT DEED

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 255 of 1638 Recorded at request of and return to:

Transportation Department
Capital Projects-Real Property
3525 14th St.

Riverside, California 92501

FREE RECORDING
This instrument is for the benefit of
the County of Riverside, Transportation
Department and is entitled to be recorded
without fee or tax. (Govt. Code §6103, §27383
and Rev. & Tax Code §11922)
(Space above this line for Recorder's use)
TRA:

DTT:
058-004
$0
PROJECT:

EA:

Jackson Street and Interstate 10
Interchange Widening C70049
8-0M910-1
PARCEL: 0049-007C
APN: 610-230-002 (portion of)

EASEMENT DEED
FOR

CONSTRUCTION PURPOSES
FOR GOOD AND VALUABLE CONSIDERATION, receipt and adequacy of which are hereby acknowledged,
The CITY OF INDIO, a public body, corporate and politic.

Grant(s) to the COUNTY OF RIVERSIDE, a political subdivision of the State of California, an easement for construction purposes, over, upon, across, and within the real property in the County of Riverside, State of California, described as follows:

See Legal Description and Plat attached hereto as Exhibits "A" and “B” and made a part hereof.

Dated: ____________________, 20_______ GRANTOR:

The CITY OF INDIO, a public body,
corporate and politic
By: ____________________________
Name: _________________________

It’s: ___________________________
Jonathan Nicks
City Manager

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 256 of 1638

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

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

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

WITNESS my hand and official seal:

Signature______________________________
Place Notary Seal Above

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 257 of 1638 PROJECT:

EA:

Jackson Street and Interstate 10
Interchange Widening C70049
8-0M910-1
PARCEL: 0049-007C
APN: 610-230-002 (portion of)

EASEMENT DEED
FOR

CONSTRUCTION PURPOSES
CERTIFICATE of ACCEPTANCE
(Government Code Section 27281)
THIS IS TO CERTIFY that the interest in real property granted by the easement deed dated ____ ____ ___, 202___ from The CITY OF INDIO, a public body, corporate and politic to the COUNTY OF RIVERSIDE, a political subdivision of the State of California, is hereby accepted by the undersigned on behalf of the Board of Supervisors pursuant to the authority contained in County Ordinance No. 669. Grantee consents to recordation thereof by its duly authorized officer.

Dated: ____________________________

COUNTY OF RIVERSIDE,
a political subdivision of the State of California
By: __________________________________
Dennis Acuna P.E., TE., Director of Transportation

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 258 of 1638 Exhibit "A"
Legal Description

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 259 of 1638 Exhibit “B”
Legal Plat

Resolution No. 10587, Approving a Right-of-Way Acquisition Agreement wit... Page 260 of 1638 City of Indio
City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10588, Approving a Cooperative Agreement with the City of La Quinta and County of Riverside for the Avenue 52 and Monroe Street Traffic Signal and Intersection Improvements, City Project No. PW-TS2401, and Approving a Related Measure A Budget Adjustment
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 10588: (1) approving the Cooperative Agreement between the City of La Quinta, City of Indio, and County of Riverside for the design, environmental review, and construction of the Avenue 52 and Monroe Street Traffic Signal and Intersection Improvements, City Project No. PW-TS2401, in substantially the form attached to the staff report and subject to final approval as to form by the City Attorney; (2) authorizing the City Manager to execute the Cooperative Agreement and any non-substantive or implementing documents necessary to carry out the Cooperative Agreement; (3) authorizing payment of the City’s initial $100,000 deposit to the City of La Quinta from Measure A funds; (4) approving a budget adjustment increasing Project No. PW-TS2401, Account No. 212-521044, by $43,000 and decreasing Project No. PW-ST2709, Account No. 212-523006, by $43,000; and (5) authorizing the City Manager, Public Works Director, and Finance Director to take all actions necessary to implement the Cooperative Agreement, provided that any material increase to the City’s estimated project contribution or any required additional appropriation shall be returned to the City Council for approval unless otherwise authorized by the City’s adopted budget, purchasing policies, or applicable law.

SUMMARY:

The City of Indio, City of La Quinta, and County of Riverside are working together on a shared project along the shared boundary at Avenue 52 and Monroe Street including the installation of a new traffic signal. The Cooperative Agreement establishes each agency’s responsibilities under the project and defines the cost sharing between the agencies. The City of La Quinta will be the lead agency for project delivery and provides reimbursement by the City of Indio for its share of project costs.

BACKGROUND INFORMATION:

The City of Indio, City of La Quinta, and County of Riverside are proposing to install a new traffic signal at the intersection of Avenue 52 and Monroe Street to improve traffic flow and safety. In addition to the new signal, related roadway improvements are needed within each agency’s jurisdiction. These improvements include widening the southeast corner to meet County General Plan standards, replacing curb ramps to improve accessibility, and extending left-turn lanes at the intersection.

AGENDA ITEM #9.11
Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 261 of 1638 Jurisdiction at the intersection is shared among the three agencies. The City of Indio is responsible for the two northern quadrants of the intersection, the City of La Quinta is responsible for the southwest quadrant, and the County of Riverside is responsible for the southeast quadrant.

To coordinate the project, the three agencies entered into a Cooperative Agreement that outlines the responsibilities for design and construction of the improvements, including preliminary planning and environmental review. The agreement designates the City of La Quinta as the Lead Agency and generally allocates project costs based on the portion of work located within each agency’s jurisdiction. No right-of-way acquisition is anticipated for the project.

Staff is requesting City Council approval of the Cooperative Agreement and authorization for the City Manager to execute the agreement and related project documents necessary to complete the projec
FINANCIAL SUMMARY:

Current FY Financial
Impact:
$100,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$479,390 Strategic Objective: Public Infrastructure
Source of funds: CIP Improvements Funds Fund-Org-Object Reference:
212-521044
Additional Financial Details:

The Agreement requires the City to provide an initial deposit of $100,000 upon execution of the Agreement to allow the project to move forward with design, environmental review, and related preliminary work. The initial deposit will be applied toward the City’s overall share of project costs.

The remaining balance will be programmed in future fiscal year budgets as the project advances.

Funding for the initial $100,000 deposit is proposed to come from Measure A funds. The Fiscal Year 2026/27 budget currently includes $57,000 in Measure A funding for this project, City Project No.

PW-TS2401.

To fully fund the required deposit, staff is requesting a budget adjustment to transfer an additional $43,000 in Measure A funding from the Annual Traffic Safety Improvement Project, City Project No.

PW-ST2709, to Project PW-TS2401.

Project Budget Adjustment:

Increase Project PW-TS2401
212-521044 Measure A $43,000
Decrease Project PW-ST2709
212-523006 Measure A $43,000

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 262 of 1638 ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Resolution No. 10588 - Cooperative Agreement Avenue 52 and Monroe Street Improvements
Attachment 3 - Cooperative Agreement v2
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 01 Jul 2026 Ruby D. Walla, Director of Finance Approved - 08 Jul 2026 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2026 Jonathan Nicks, City Manager Approved - 08 Jul 2026

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 263 of 1638 ATTACHMENT 1

VICINITY MAP

*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Notes
REPORT PRINTED ON... 5/20/2026 4:38:48 PM
TS2401 AVE 52 & MONROE ST TRAFFIC SIGNAL PROJECT

VICINITY MAP
0 6, 12,037 Feet
County Boundary
World_Street_Map

RESOLUTION NO. ____

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

CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT WITH

THE CITY OF LA QUINTA AND COUNTY OF RIVERSIDE FOR THE
AVENUE 52 AND MONROE STREET TRAFFIC SIGNAL AND
INTERSECTION IMPROVEMENTS, CITY PROJECT NO. PW-TS2401;
APPROVING A RELATED MEASURE A BUDGET ADJUSTMENT; AND

AUTHORIZING RELATED ACTIONS
WHEREAS, the City of Indio, City of La Quinta, and County of Riverside share jurisdictional responsibility for portions of the Avenue 52 and Monroe Street intersection; and
WHEREAS, the City of Indio has jurisdiction over the northern portions of the intersection, the City of La Quinta has jurisdiction over the southwest portion of the intersection, and the County of Riverside has jurisdiction over the southeast portion of the intersection; and
WHEREAS, the City of Indio, City of La Quinta, and County of Riverside desire to coordinate the design, environmental review, construction, funding, and implementation of traffic signal and related roadway improvements at Avenue 52 and Monroe Street, City Project No. PW-TS2401 (“Project”); and
WHEREAS, the proposed Project includes installation of a new traffic signal and related improvements intended to improve traffic operations, accessibility, and safety at the intersection, including related roadway, striping, signal, curb ramp, and turn-lane improvements; and
WHEREAS, the proposed Cooperative Agreement designates the City of La Quinta as the lead agency for project delivery, including preparation of required environmental documentation, plans, specifications and estimates, public bidding, construction management, and related project administration; and
WHEREAS, the preliminary total Project cost is estimated at One Million Six Hundred Thousand Dollars ($1,600,000), with the City of Indio’s preliminary estimated share being Five Hundred Seventy-Nine Thousand Three Hundred Ninety Dollars ($579,390), subject to final actual costs and the cost-sharing provisions of the Cooperative Agreement; and
WHEREAS, the Cooperative Agreement requires the City of Indio to provide an initial deposit of One Hundred Thousand Dollars ($100,000) upon execution of the Cooperative Agreement, to be applied toward the City’s share of Project costs; and

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 266 of 1638 WHEREAS, the Fiscal Year 2026/27 budget includes Fifty-Seven Thousand Dollars ($57,000) in Measure A funding for City Project No. PW-TS2401, and an additional Forty-Three Thousand Dollars ($43,000) is required to fully fund the initial deposit; and WHEREAS, staff recommends a budget adjustment transferring Forty-Three Thousand Dollars ($43,000) in Measure A funding from the Annual Traffic Safety Improvement Project, City Project No. PW-ST2709, to City Project No. PW-TS2401; and WHEREAS, the City Council desires to approve the Cooperative Agreement in substantially the form presented, subject to final approval as to form by the City Attorney, and to authorize the City Manager to execute the Cooperative Agreement and related implementing documents.

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

SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as findings of the City Council.

SECTION 2. Approval of Cooperative Agreement. The City Council approves the Cooperative Agreement between the City of La Quinta, City of Indio, and County of Riverside for the design, environmental review, and construction of the Avenue 52 and Monroe Street Traffic Signal and Intersection Improvements, City Project No. PWTS2401, in substantially the form attached to the staff report, subject to final approval as to form by the City Attorney.

SECTION 3. Authorization to Execute Agreement and Related Documents. The City Manager is authorized to execute the Cooperative Agreement, together with such non-substantive revisions, implementing documents, notices, certificates, and other documents as may be necessary or appropriate to carry out the purposes of this Resolution, subject to approval as to form by the City Attorney.

SECTION 4. Initial Deposit and Budget Adjustment. The City Council authorizes payment of the City’s initial One Hundred Thousand Dollar ($100,000) deposit to the City of La Quinta in accordance with the Cooperative Agreement. The City Council further approves the following budget adjustment:

Increase Project No. PW-TS2401, Account No. 212-521044, Measure A Funds:
$43,000
Decrease Project No. PW-ST2709, Account No. 212-523006, Measure A Funds:
$43,000
SECTION 5. Funding Authority and Limitations. The City Manager, Public Works Director, Finance Director, and their designees are authorized to take all actions necessary to implement the Cooperative Agreement and this Resolution. The City’s

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 267 of 1638 preliminary estimated share of the Project is Five Hundred Seventy-Nine Thousand Three Hundred Ninety Dollars ($579,390). Any material increase in the City’s estimated Project contribution, any additional appropriation, or any amendment materially increasing the City’s financial obligations shall be returned to the City Council for consideration unless otherwise authorized by the City’s adopted budget, purchasing policies, or applicable law.

SECTION 6. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2026. ________________________________

ELAINE HOLMES, MAYOR
ATTEST:
______________________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 268 of 1638 ATTACHMENT 3

COOPERATIVE AGREEMENT

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 269 of 1638

COOPERATIVE AGREEMENT

FOR DESIGN AND CONSTRUCTION OF
AVENUE 52 AND MONROE STREET
This COOPERATIVE AGREEMENT FOR DESIGN AND CONSTRUCTION OF AVENUE 52 AND MONROE STREET (hereinafter “Agreement”) is entered into this ______ day of _______________, 2026 between the City of La Quinta, a municipal corporation and charter city, referred to herein as “La Quinta,” the City of Indio, a California municipal corporation, organized as a general law city, referred to herein as “Indio,” and the County of Riverside, a political subdivision of the State of California, referred to herein as “County.” La Quinta, Indio, and County are collectively referred to in this Agreement as “Contracting Parties” or “Parties.”

1.0 SCOPE OF AGREEMENT

1.1 Scope. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to engineer, construct, finance, operate, and maintain improvements made to Avenue 52 and Monroe Street. This Agreement sets forth the roles and responsibilities of each Contracting Party. This includes the evaluations of the interconnectedness with adjacent signals (wireless vs. wired), environmental determination and installation of a new traffic signal to ensure the intersection operates at an acceptable level of service (“Project”), as depicted in Exhibit “A” attached hereto and incorporated herein by reference. The cost of proposed improvements to design and construct the Project is specified in the Project Estimate in Exhibit “B” attached hereto and incorporated herein by reference (“Project Cost”). It is understood that Indio has jurisdiction over the northern section of the Project, 50% of the Project Area, the County has jurisdiction over the southeast section of the Project, 25% of the Project Area, and La Quinta has jurisdiction over the southwest section of the Project, 25% of the Project Area. Parties hereby agree that design and construction of the Project will be publicly advertised for proposals from professional services firms for plans and specifications and publicly bid to construction contractors and subcontractors (collectively referred to herein as “Contractors”), and thus subject to all California laws governing publicly bid projects. Contracting Parties hereby agree that the City of La Quinta will serve as the lead agency for the Project and shall be responsible for the public bidding process and the completion of all Project components. Indio and the County shall reimburse La Quinta for the Project Cost as defined in Exhibit ”B”, excluding the items in Section 3.2, in accordance with the terms of this Agreement.

1.2 Compliance with Law. The Project contemplated herein shall be paid for and constructed in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.

1.3 Wage and Hour Compliance. Contracting Parties shall require all Contractors to comply with applicable Federal, State, and local wage and hour laws for the Project.

1.4 Licenses, Permits, Fees and Assessments. Contracting Parties shall require Contractors to obtain such licenses, permits, and approvals as may be required by law for the performance of the Project, and Contractors shall be responsible to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Project.

1.5 Familiarity with Project. La Quinta shall ensure that any Contractor retained for the Project shall warrant that they (a) have thoroughly investigated and considered the Project to be performed, (b) have investigated the site where the Project is to be constructed and fully

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 270 of 1638 2 acquainted with the conditions there existing, (c) have carefully considered how the Project should be completed, and (d) fully understand the facilities, difficulties, and restrictions attending completion of the Project.

1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Parties shall fund and construct the Project as depicted in Exhibit “A” herein and the Project Cost in Exhibit “B” herein. If any additional work is required in addition to the work specified in Exhibit “B,” (“Additional Work”), Contracting Parties shall not authorize any Contractor to perform such Additional Work until receiving prior written authorization from all Contracting Parties.

All contract change orders which individually or cumulatively exceed 10% of the bid price as described in Exhibit “B” for the relevant contract bid items shall be submitted by La Quinta to Indio and County for review and approval prior to authorization by La Quinta to Contractor. County hereby authorized the County Executive Officer (or authorized designee), and La Quinta and Indio hereby authorize their respective City Managers (or authorized designees), to approve or disapprove, in their respective reasonable discretion, any change orders as authorize by applicable law including Public Contract Code Section 20395.

1.7 Responsibility for Operations and Maintenance Following Project Completion. Upon completion of the Project, the Contracting Parties shall assume maintenance responsibilities for the improvements within the respective jurisdictions of the Contracting Parties, except that the Contracting Parties shall enter into a separate agreement on the operation and maintenance of the new traffic signal constructed as part of this Project with the City of Indio listed as the lead.

Notwithstanding, any agreement(s) in place prior to this Agreement shall remain in full force and effect in accordance with the terms and provisions of those preexisting agreements.

2.0 PAYMENT OF COSTS

2.1 Contract Sum. For the Project contemplated by this Agreement, Contracting Parties shall pay a combined total price in the amount of $1,600,000 (“Project Cost”), as described in more detail in Exhibit “B.” This cost is estimated for the purposes of this agreement. The final, actual, costs are to be split by the percentages identified in Exhibit “B.” Agency Staff costs will be paid by each agency. La Quinta will only distribute contract costs to each agency.

La Quinta shall be responsible for the initial payment of Project Costs. Indio and County shall issue a check payable to La Quinta in the amount of $100,000 upon execution of this Agreement and the remainder of their respective obligations for Project Costs upon the start date of construction of the Project.

Any Additional Services required shall be approved in advance and paid for based on jurisdiction requirement or as mutually agreed upon obtaining a written amendment to this agreement executed by all Parties, for such Additional Services.

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 271 of 1638 3 3.0 COORDINATION OF WORK

3.1 Representative of Contracting Party. The following principals of each Contracting Party (“Representatives”) are designated as the primary contacts authorized to act on behalf of their respective Contracting Party for coordination and decision-making related to the Project, consistent with the terms of this Agreement. For purposes of this Agreement, the foregoing Representatives may not be changed without the approval of all Contracting Parties, which approval shall not be unreasonably withheld or denied.

Approval of amendments to this Agreement, including approval of Additional Services or changes affecting Project Costs or cost-sharing, shall require a written amendment executed by all Contracting Parties.
a. Bryan McKinney, P.E., City of La Quinta (City Engineer & Public Works Director) E-mail: [email protected]
b. Juan Raya, P.E., City of Indio
E-mail: [email protected]
c. Dennis Acuna, Director of Transportation Riverside County Transportation Department E-mail: [email protected]

3.2 Contracting Party Responsibilities. In furtherance of this Agreement, and as the lead agency for the Project, La Quinta hereby agrees to complete the following objective:
(1) To prepare an environmental document and to obtain necessary environmental clearances in accordance with the California Environmental Quality Act (CEQA). (2) To prepare Plans, Specifications and Estimates (PS&E) for the Project. PS&E shall be prepared in accordance with the standards and practices of La Quinta, Indio, and County based on respective jurisdictional boundaries and all applicable laws and regulations therein (or as otherwise agreed upon by the respective Contracting Party). Upon completion of the draft PS&E, La Quinta shall deliver the draft PS&E for review and comment prior to finalization. County and/or Indio shall review to confirm the PS&E conforms with the respective jurisdictions’ applicable laws and regulations therein, within thirty (30) days of receipt of the draft PS&E.

If County and/or Indio identify any inconsistencies in the draft PS&E with that respective jurisdictions’ applicable laws and regulations therein, the Contracting Party shall deliver, within said 30-day period, to La Quinta specific instructions and details relating to the corrections necessary or proper to the draft PS&E to have the final PS&E conform with that respective jurisdictions’ applicable laws and regulations. La Quinta shall integrate any corrections from the respective Contracting Party prior to issuance of the final PS&E, unless the La Quinta City Engineer finds and determines, in their reasonable discretion, that the correction is in direct conflict and irreconcilable with La Quinta’s obligations under this Agreement as lead agency with oversight of the Project. (3) To prepare final design documents and drawings for the Project by or under the direction of a Civil Engineer registered and licensed in the State of California. Such specifications, plans and reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation. (4) To identify and locate all utility facilities within the project area as part of the project design responsibility. If any existing public and/or private utility facilities conflict

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 272 of 1638 4 with project construction, La Quinta shall make all necessary arrangements with the owners of each facility for their protection, relocation, or removal. All utility facilities shall be identified on the project plans and specifications, and conflicting utilities shall be denoted. La Quinta shall require the utility owner and/or its contractors performing the relocation work to obtain the encroachment permit of that Jurisdiction. La Quinta, Indio, and County shall coordinate and cooperate ln the effort to establish prior rights related to utility encroachment into each Jurisdiction’s right-of-way. ln the case that any utility companies are determined to have prior rights, the cost of relocating utilities shall be borne by the Jurisdiction in which the conflicting utility resides.
(5) To advertise for and award the Project Construction Contract pursuant to applicable statutes.
(6) To furnish a representative to perform the function of Construction Manager during construction of the Project.
(7) To furnish qualified support personnel to perform any required construction survey, construction testing, and construction inspection to assure that the construction is performed in accordance with the approved construction documents. (8) To administer any public works work directives and subsequent contract change orders for construction of the Project.
(9) To retain or cause to be retained for audit by Indio and County for a period of three (3) years from the date of final payment to the Contractor, all records and accounts relating to construction of the Project.
(10) Upon completion of the Project, to furnish Indio and County a complete set of full-sized reproducible “Drawing of Record” plans on Mylar or as a digital PDF as requested by Indio and County.
(11) Within sixty (60) days of completion of the Project, provide a final accounting of the Project and invoice (or refund) Indio and County for the Contracting Agencies’ portion of the Project Cost.
(12) All improvements shall be designed to be constructed within existing public rights of way within the respective jurisdictions’ boundaries.

Indio and County agree to provide, at no cost to La Quinta unless reimbursable by outside funding sources, oversight of the Project within Indio and the County's jurisdiction, promptly review and approve, as appropriate, submittals by La Quinta, and cooperate in the timely processing of the Project.

Indio and County hereby agree to issue, at no cost to La Quinta unless reimbursable by outside funding sources, upon application by La Quinta or any employee, agent, or contractor of La Quinta, the necessary encroachment permits for required work within the Contracting Parties’ street right-of-way associated with the Project, as deemed appropriate by Indio and County.

In construction of the Project, La Quinta will contract for a representative to perform the function of “Resident Engineer,” and Indio and County hereby reserve the right to provide a

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 273 of 1638 5 representative to assist the Resident Engineer. Representatives from Indio and County may consult with La Quinta’s Resident Engineer; however, La Quinta’s Resident Engineer’s decision shall be considered final.

3.3 Independent Contractor. The Parties hereby acknowledge that neither Contracting Parties nor any employees of Contracting Parties shall have any control over the manner, mode, or means by which Contractor and its agents and employees perform the services contemplated in the Project Cost, except as otherwise set forth herein. La Qunita shall ensure that all contracts with the Contractors for the Project shall state that:
(1) the Contracting Parties shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services for the Project hereunder.
(2) Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services for the Project shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by Contracting Parties, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of Contracting Parties and entitlement to any contribution to be paid by Contracting Party for employer contributions and/or employee contributions for PERS benefits.

4.0 INDEMNIFICATION.

4.1 Indemnification by La Quinta. La Quinta agrees to indemnify, defend and hold harmless Indio and County, and their respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys’ fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from La Quinta’s performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Indio and/or County, in their respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties.

4.2 Indemnification by Indio. Indio agrees to indemnify, defend and hold harmless La Quinta and County, and their respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys’ fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from Indio’s performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of La Quinta and/or County, in their respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties.

4.3 Indemnification by County. County agrees to indemnify, defend and hold harmless La Quinta and Indio, and their respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys’ fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from County’s performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of La Quinta and/or Indio, in their respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties.

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 274 of 1638 6 4.4 Indemnification from Contractor. La Quinta shall ensure that each and every Contractor performing work for the Project will indemnify, defend, and hold harmless, to the maximum extent allowable by law, the Contracting Parties for that work performed on the Project by the Contractor.

5.0 RECORDS AND REPORTS.

5.1 Records. Contracting Parties shall keep such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the Project (“Books and Records”) for three (3) years following completion of the Project. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contracting Parties shall have full and free access to such Books and Records of any other Contracting Party at all times during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

5.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared for the Project (the “Documents and Materials”) shall be the joint property of all Contracting Parties. Any Contracting Party shall be entitled to use or reuse such completed Documents and Materials for other projects and/or use uncompleted documents for any purpose.

6.0 ENFORCEMENT OF AGREEMENT.

6.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action.

6.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the remaining Contracting Parties in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice or as soon thereafter as practicably may be accomplished, provided that if the default is an immediate danger to the health, safety, or general welfare, the injured party may take such immediate action as deemed warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

6.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.

Contracting Parties’ consent or approval of any act by any other Contracting Party requiring

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 275 of 1638 7 consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent act of Contracting Party. Any waiver by any Contracting Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Contracting Parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another party.

6.5 Legal Action. In addition to any other rights or remedies, any party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

6.6 Attorneys' Fees. If any Contracting Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the Contacting Parties, as public agencies, agree that they shall have the obligation to pay for their own, respective attorneys’ fees and other costs.

7.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

7.1 Non-liability of County and City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of any Contracting Party shall be personally liable to any Contracting Party, or any successor in interest, in the event of any default or breach by any Contracting Party or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.

7.2 Conflict of Interest. Contracting Parties covenant that neither Contracting Parties, nor any officer or principal thereof, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Contracting Parties or which would in any way hinder Contracting Parties’ performance of this Agreement. Contracting Parties agree to at all times avoid conflicts of interest or the appearance of any conflicts of interest in the performance of this Agreement.

No officer or employee of any Contracting Party shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any local or State statute or regulation.

7.3 Covenant against Discrimination. Contracting Parties covenant that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement.

Contracting Parties shall take affirmative action to ensure employees and Contractor’s employees and agents are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 276 of 1638 8 8.0 MISCELLANEOUS PROVISIONS

8.1 Notice. Any notice, demand, request, consent, approval, or communication any Party desires or is required to give to any other Party shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Any Party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.

To City of La Quinta:

CITY OF LA QUINTA
Attention: City Manager
78-495 Calle Tampico
La Quinta, California 92253
To City of Indio:

CITY OF INDIO
Attention: City Manager
100 Civic Center Mall
Indio, CA 92201
County of Riverside

RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT
Attention: Director of Transportation
4080 Lemon Street, 8th Floor
Riverside, CA 92501

8.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against any party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

8.4 Counterparts/ Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 277 of 1638 9 8.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

8.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by all Contracting Parties. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives any Party of the basic benefit of their bargain or renders this Agreement meaningless.

8.8 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

8.9 Authority. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 278 of 1638 10 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
a California municipal corporation
JON MCMILLEN, City Manager
Dated:

ATTEST:

MONIKA RADEVA, City Clerk
La Quinta, California
APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California

CITY OF INDIO,
a California municipal corporation
JONATHAN NICKS, City Manager
Dated:

ATTEST:

SABDI SANCHEZ, Dir. of City Clerk Services
City of Indio California

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 279 of 1638 11 APPROVED AS TO FORM:

STEVEN G. PACIFICO, City Attorney
City of Indio, California

COUNTY OF RIVERSIDE,
a political subdivision of the State of California

APPROVAL BY THE BOARD OF SUPERVISORS
Chair, Riverside County Board of Supervisors
Dated:

APPROVED AS TO FORM:

Minh C. Tran
County Counsel
Kristine Bell-Valdez,
Deputy County Counsel
ATTEST:

Kimberly Rector
Clerk of the Board (Seal)

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 280 of 1638 12 Exhibit A
Project Improvement Scope
The Summary of Scope of Services for Avenue 52 and Monroe Street Project is as follows:

1. Conduct existing utility research for all utilities within the project limits to identify, locate, and layout all above and underground improvements.

2. Ensure compliance with the Americans with Disabilities Act (ADA) requirements by incorporating accessibility pedestrian signals, crosswalks, curb ramps, and other features to enhance accessibility and safety for individual with disabilities.

3. Prepare preliminary and final plans, specifications, and estimate for Avenue 52 and Monroe Street traffic signal.

4. Cause the Construction of the Project to include:
a. Reconstruct the roadway section within the intersection up to the end of the curb returns on the northwest corner and northeast corner.
b. Reconstruct southwest curb ramp to meet ADA compliance requirements. c. Construct curb ramp and full curb return at ultimate location within County Limits on the southeast corner. The tie-in to the existing roadway will be held at the limits shown in the attached exhibit. Improvements will modify median. d. Re-stripe the intersection and legs for new signal.
e. Wired/Wireless Interconnect to adjacent signals. Wired will be the first approach.

Wireless will only be used if wired is not feasible.

5. Obtain all necessary permits and approvals from relevant authorities for the installation of a new traffic signal.

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 281 of 1638 13

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 282 of 1638 Exhibit A
Project Exhibit

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 283 of 1638 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS TRACT MAP NO. 31202-111' 12' 8' 14' 11' 11' 11' 8' 12' 12' AVENUE 52 MONROE ST PARCEL MAP NO. 19984 PARCEL MAP 5204 12' 12' 4' 3' PARCEL MAP NO. 18452 CITY OF INDIO CITY OF INDIO CITY OF LA QUINTA RIVERSIDE COUNTY 12' 12'10' 7' FOR EXHIBIT PURPOSES ONLY SCALE: NTS CITY OF LA QUINTA IMPROVEMENTS CITY OF INDIO IMPROVEMENTS RIVERSIDE COUNTY IMPROVEMENTS SPLIT COST IMPROVEMENTS PROPOSED TRAFFIC SIGNAL LEGEND

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 284 of 1638 Exhibit B
Project Preliminary Cost Estimate

Resolution No. 10588 , Approving a Cooperative Agreement with the City o... Page 285 of 1638 Exhibit B
Preliminary Project Cost Estimate
12/18/2025
ITEM
NO.

DESCRIPTION UNIT QTY. UNIT PRICE EXTENDED
PRICE
City of La
Quinta
City of Indio County Comments
1 Mobilization LS 1 $84,000 $84,000 $28,000 $28,000 $28,000 Split Even 2 Traffic Control LS 1 $80,000 $80,000 $26,666 $26,666 $26,668 Split Even 3 Dust Control LS 1 $15,000 $15,000 $5,000 $5,000 $5,000 Split Even 4 Widening - Clearing and Grubbing SF 15,000 $2 $30,000 $0 $0 $30,000 Per Jurisdiction 5 Remove and Replace Curb Ramp LS 1 $12,000 $12,000 $12,000 $0 $0 Per Jurisdiction 6 Widening - Earthwork LS 1 $14,000 $14,000 $0 $0 $14,000 Per Jurisdiction 7 Left Turn Pocket - Unclassified Excavation LS 1 $8,000 $8,000 $2,000 $4,000 $2,000 % of Jurisdiction 8 Rehab - Unclassified Excavation SF 5,325 $2 $10,650 $0 $7,406 $3,244 Per Jurisdiction 9 Rehab - Primary 4.5" AC over 6" AB SF 5,325 $6.50 $34,613 $0 $24,070 $10,543 Per Jurisdiction 10 Widening - Primary 4.5" AC over 6" AB SF 14,425 $6.50 $93,763 $0 $0 $93,763 Per Jurisdiction 11 Left Turn Pocket - Primary 4.5" AC over 6" AB SF 2,450 $6.50 $15,925 $3,981 $7,963 $3,981 % of Jurisdiction 12 Widening Curb Ramp EA 1 $8,000.00 $8,000 $0 $0 $8,000 Per Jurisdiction 13 Left Turn Pocket - Median Curb LF 170 $25.00 $4,250 $1,063 $2,125 $1,063 % of Jurisdiction 14 Left Turn Pocket - Place Back/Modify Existing
Median Landscape and Irrigation
SF 510 $12.00 $6,120 $1,530 $3,060 $1,530
% of Jurisdiction
15 Furnish and Install Signal LS 1 $440,000.00 $440,000 $110,000 $220,000 $110,000 % of Jurisdiction 16 Furnish and Construct IID Backbone LS 1 $50,000.00 $50,000 $12,500 $25,000 $12,500 % of Jurisdiction (Signal Service) 17 Signage and Striping LS 1 $8,000 $8,000 $3,200 $3,200 $4,800 % of Construction $914,320 $205,940 $356,489 $355,092
$91,432 $20,594 $35,649 $35,509 Preliminary Contingency of Unknown Prior to Design 1 $227,000 $393,000 $386,000
23% 39% 38% Percentage Breakdown
Design: $151,000 $34,100 $58,990 $57,910 % of Construction, will change to actual per jurisdiction 2 Professional: $78,000 $26,000 $26,000 $26,000 Split Even Insp/Test/Survey: $99,000 $22,400 $38,700 $37,900 % of Construction 3 CVWD/BOR Relocations $100,000 $0 $0 $100,000 Per Jurisdiction IID Meter and Design: $20,000 $5,000 $10,000 $5,000 % of Jurisdiction (Signal Service) Contingency: $146,000 $31,500 $52,700 $61,800 10% of whole 4 Total Preliminary Estimate: $1,600,000 $346,000 $579,390 $674,610 $1,006,000
IID utility poles will be relocated due to widening in
County and IID does not have prior rights
CVWD/ BOR Irrigation Line/Above Ground Utilities
will need to be relocated due to widening in County
and do have prior rights
Sub Total Construction:

Comments/Assumptions: Design Contingency 10%:

County Section will be widened per Exhibit A
attached to this document. Curb will only be placed
at curb return
ROW is not required
Construction:

City of Indio
City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approve the Notice of Completion and final budget authority for the Indio Broadband Fiber Optic Project (Project No. ST2414) in the total amount of $825,626.02 and authorize the City Manager to execute all necessary documents, including final payment processing, retention release, and filing of the Notice of Completion in a form approved by the City Attorney.

RECOMMENDATION:

Staff recommends that the City Council approve the Notice of Completion and final budget authority for the Indio Broadband Fiber Optic Project (Project No. ST2414) in the total aggregate amount of $825,626.02 and authorize the City Manager to execute all necessary documents, including final payment processing, retention release, and filing of the Notice of Completion in a form approved by the City Attorney.

SUMMARY:

The Indio Broadband Fiber Optic Project (Project No. ST2414) was initiated to expand and improve the City’s municipal fiber optic infrastructure and connectivity between City facilities. The City Council approved an agreement with Crosstown Electrical & Data, Inc. for $539,308.65 to install approximately 12.46 miles of fiber optic cable. During construction, additional work was required to accommodate updated network design, additional lateral connections, unforeseen field conditions, and expanded fiber installation distances. These approved change orders totaled $286,317.37, resulting in a final project cost of $825,626.02. Approval of the Notice of Completion and final budget authority will allow the City to finalize payments and complete project closeout activities.

BACKGROUND INFORMATION:

The City of Indio initiated the Indio Broadband Fiber Optic Project (Project No. ST2414) to expand and improve municipal fiber optic infrastructure throughout various locations within the City. The project was intended to enhance connectivity between City facilities and support long-term municipal broadband and communications infrastructure needs.

On May 1, 2024, the City Council approved an agreement with Crosstown Electrical and Data, Inc., who is already under contract with CVAG for the CV Sync II project, to install approximately 12.46 miles of 288 fiber optic cable at a cost of $539,308.65.

During construction, additional improvements were identified as necessary to accommodate updated fiber network design requirements and complete the intended connectivity improvements.

The approved additional work included:

AGENDA ITEM #9.12
Approve the Notice of Completion and final budget authority for the Indi... Page 287 of 1638  Contract Change Order (CCO) 1 was necessary to complete additional lateral fiber connections and associated microduct infrastructure required to extend connectivity to planned network locations identified during final field coordination and implementation of the broadband backbone system. The additional lateral installations ensured full operational connectivity between City facilities and supporting communications infrastructure. $195,940; This was approved by City Council on May 15, 2024.
 CCO 2: was required to accommodate revisions to the final fiber optic cable design and network routing configuration. The additional splice vaults were necessary to provide proper access points and cable management within the existing conduit system and included installations at the following locations: Jefferson Street and Fred Waring Drive; Monroe Street and Fred Waring Drive; Jackson Street and Civic Center Drive; and Jackson Street and Avenue 45. $33,500;
 CCO 3: was required after the contractor encountered conduit bend obstructions that prevented successful fiber installation through an existing conduit segment. The additional hand hole and splice location were necessary to relieve fiber pulling tension and accommodate the existing field conditions. $9,000; and
 CCO 4: included furnishing and installation of additional fiber optic cable and associated onreel and post-placement testing between Jackson Street, Avenue 45, and the Public Works Building. Additional field-measured distances exceeded the original contract quantities and required installation of an additional 7,551 linear feet of fiber optic cable. $47,877.37.

The additional work increased the total project cost by $286,317.37, resulting in a final aggregate project amount of $825,626.02. Approval of the Notice of Completion and final budget authority will allow the City to finalize payment processing, complete project closeout activities, and file the Notice of Completion in accordance with California public contracting requirements FINANCIAL SUMMARY:

Current FY Financial
Impact:
$286,317.37 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: Capital Projects, Grant Fund-Org-Object Reference:
300-523006
Additional Financial Details:

These costs are 100% reimbursable by the FFA Last Mile Fiber Optic Project grant the City received in 2024.

ATTACHMENTS:

Attachment 1 - Contract Change Orders 2-4
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 01 Jul 2026 Ruby D. Walla, Director of Finance Approved - 08 Jul 2026

Approve the Notice of Completion and final budget authority for the Indi... Page 288 of 1638 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2026 Jonathan Nicks, City Manager Approved - 08 Jul 2026

Approve the Notice of Completion and final budget authority for the Indi... Page 289 of 1638 100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org

CITY OF INDIO

PUBLIC WORKS DEPARTMENT
PROJECT: Installation of Fiber Optic Cables and Ducts
CONTRACTOR: Crosstown Electrical and Data, Inc.

CHANGE PROPOSED: The purpose of this Change Order is to accommodate revisions to the final fiber optic cable design and network routing configuration. The additional splice vaults were necessary to provide proper access points and cable management within the existing conduit system and included installations at the following locations:
• Jefferson Street and Fred Waring Drive;
• Monroe Street and Fred Waring Drive;
• Jackson Street and Civic Center Drive;
• Jackson Street and Avenue 45.

Change in Contract Cost: $33,500 (increase)
END OF CONTRACT CHANGE ORDER #2
Prepared by Project
Manager
Donn Uyeno Date
City Project No.: ST2414
Date: 6/30/26
Contract Change Order No.: 2
CHANGE ORDER #2
Original Contract Amount $539,308.65
Agreed CCO #2 Price $33,500
Previously Approved CCO’s $195,940
Total Revised Contract Amount: $768,748.65

Approve the Notice of Completion and final budget authority for the Indi... Page 290 of 1638 CA 92201
Reviewed by Public Works
Director:

Timothy Wassil, P.E. Date
Approved by Contractor:

Crosstown Electrical and Data, Inc.

Date
Approved by City Manager:

Jonathan Nicks Date

Approve the Notice of Completion and final budget authority for the Indi... Page 291 of 1638

Contractor’s License Number 756309
DIR Registration No. 1000000155
5454 Diaz Street, Irwindale, CA 91706
Phone: (626) 813-6693
Fax (626) 869-0192
June 18, 2024 Quotation Number 24420B
Mr. Ian Cozens
Director of Information Technology
100 Civic Center Mall
Indio CA 92201
Dear Mr. Cozens:

Per your request, Crosstown Electrical & Data Inc. is pleased to provide a proposal to furnish 4 additional splice vaults in the fiber optic runs to accommodate the most current fiber optic cable design.

Scope of Work:

1.) Furnish and a new fiber optic splice vault in the existing CVAG conduit run at 4 locations:
• Jefferson and Fred Waring
• Monroe and Fred Waring
• Jackson and Civic Center
• Jackson and Avenue 45.

Pricing:

The price to perform this work is $33,500.

This price includes all material, labor, equipment, sales tax, shipping costs, and traffic control per the WATCH manual.

All workers will be paid prevailing wages and certified payrolls will be provided upon request.

Exclusions: Cost of bond, permits, fees, splicing, cable termination, engineered traffic control plans.

Please contact me if you have any questions regarding this proposal.

Sincerely,
David P. Heermance
Dave Heermance
Crosstown Electrical & Data, Inc

Approve the Notice of Completion and final budget authority for the Indi... Page 292 of 1638

Approve the Notice of Completion and final budget authority for the Indi... Page 293 of 1638

Approve the Notice of Completion and final budget authority for the Indi... Page 294 of 1638

Approve the Notice of Completion and final budget authority for the Indi... Page 295 of 1638 100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org

CITY OF INDIO

PUBLIC WORKS DEPARTMENT
PROJECT: Installation of Fiber Optic Cables and Ducts
CONTRACTOR: Crosstown Electrical and Data, Inc.

CHANGE PROPOSED: The purpose of this Change Order is to add an additional splice location and hand hole due to unforeseen sight conditions. After the contractor encountered conduit bend obstructions, it prevented successful fiber installation through an existing conduit segment. The additional hand hole and splice location were necessary to relieve fiber pulling tension and accommodate the existing field conditions.

Change in Contract Cost: $9,000 (increase)
END OF CONTRACT CHANGE ORDER #3
Prepared by Project
Manager
Donn Uyeno Date
City Project No.: ST2414
Date: 6/30/26
Contract Change Order No.: 3
CHANGE ORDER #3
Original Contract Amount $539,308.65
Agreed CCO #3 Price $9,000
Previously Approved CCO’s $229,440
Total Revised Contract Amount: $777,748.65

Approve the Notice of Completion and final budget authority for the Indi... Page 296 of 1638 CA 92201
Reviewed by Public Works
Director:

Timothy Wassil, P.E. Date
Approved by Contractor:

Crosstown Electrical and Data, Inc.

Date
Approved by City Manager:

Jonathan Nicks Date

Approve the Notice of Completion and final budget authority for the Indi... Page 297 of 1638 November 18, 2025
PCO # 5184-003
ENTRUST Solutions Group
800 Rideout Road, Suite 250
Huntsville, AL 35808
ATTN: Dave Martinez
RE.: Fiber Optic Installation - City of Indio
ST2141
SUBJECT: Install HH & 288 Fiber Splice
LOCATION: Jefferson & NE Off Ramp
NTE
Days
• Additional working days to be negotiated
Sincerely,
[email protected]
Estimator
626-826-4276
Josh Magallanes
TBD
Furnish & install (1) additional Hand Hole (HH) and perform a full splice of 288 SMFO on Jefferson & NE Off Ramp
This change proposal is based on the usual cost elements such as labor, materials, and markup and does not include any amount for impacts such as interference, disruptions, rescheduling, change in the sequence of work, delays and/ or associated acceleration. We expressly reserve the right to submit our request for any of these items should we be faced with performing work under any of these conditions.

This quote is valid for _30_ calendar days from the above date and void thereafter. All work affected by either the acceptance or rejection of the enclosed change order quotation is on hold pending notification.

Josh Magallanes
Proposed Change Order Request
Work Description
Crosstown Electrical & Data, Inc. is pleased to provide a potential Not To Exceed change order request for the following:
$ 9,000.00
Crosstown Electrical Data, Inc.
5454 Diaz Street, Irwindale, CA 91706
License #756309, Class A C-10
DIR #1000000155
Office: (626) 813-6693

Approve the Notice of Completion and final budget authority for the Indi... Page 298 of 1638 Yes
CR-5184-003
Crosstown
John Kirby
Sr. PM Broadband
Implementation
Ian Cozens
Director of Information
Technology
Infrastructure
Retainage: Yes
Change Order Request
Clayton Johnston
Vice President Construction
Construction Contractor
10/29/2025
$9,000 Change Order Name:Indio FFA PMCM
Data Center Route build
Construction Contractor Name (Attn)
Entrust Project Manager:

Client/Owner (Attn)
Change Order Type - Scope/Cost Change
Change Order Cost:

Request Date:

Requested By:

Entrust Soutions Group SignOff
Change Request Overview
Description of Change (include location)
Reason for Change
Furnish & install (1) additional Hand Hole (HH) and perform a full splice of 288 SMFO on Jefferson & NE Off Ramp Material Submittals/ Specifications
Crosstown crew encountered obstructions that prevented the crew form blowing in a segment of fiber due to conduit bends in the existing conduit
Location: Jefferson & NE off ramp
The run is approximately 9720 feet. The change will be installing an extra vault between existing hand holes.

Placement of the additional vault will eliminate pressure to the fiber and bypass the conduit bend obstructions.

NOTE: The new vault will accommodate the splice enclosure and not affect any existing fiber

Approve the Notice of Completion and final budget authority for the Indi... Page 299 of 1638 100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org

CITY OF INDIO

PUBLIC WORKS DEPARTMENT
PROJECT: Installation of Fiber Optic Cables and Ducts
CONTRACTOR: Crosstown Electrical and Data, Inc.

CHANGE PROPOSED: The purpose of this Change Order is for furnishing and installing additional fiber optic cable and associated on-reel and post-placement testing between Jackson Street, Avenue 45, and the Public Works Building. Additional field-measured distances exceeded the original contract quantities and required installation of an additional 7,551 linear feet of fiber optic cable.

Change in Contract Cost: $47,877.37 (increase)
END OF CONTRACT CHANGE ORDER #4
Prepared by Project
Manager
Donn Uyeno Date
City Project No.: ST2414
Date: 6/30/26
Contract Change Order No.: 4
CHANGE ORDER #4
Original Contract Amount $539,308.65
Agreed CCO #4 Price $47,877.37
Previously Approved CCO’s $238,440
Total Revised Contract Amount: $825,626.02

Approve the Notice of Completion and final budget authority for the Indi... Page 300 of 1638 CA 92201
Reviewed by Public Works
Director:

Timothy Wassil, P.E. Date
Approved by Contractor:

Crosstown Electrical and Data, Inc.

Date
Approved by City Manager:

Jonathan Nicks Date

Approve the Notice of Completion and final budget authority for the Indi... Page 301 of 1638 October 9, 2025
PCO # 5184-004
ENTRUST Solutions Group
800 Rideout Road, Suite 250
Huntsville, AL 35808
ATTN: Dave Martinez
RE.: Fiber Optic Installation - City of Indio
ST2141
SUBJECT: F&I and additional 7,551ft of 288 fiber & on-reel/after placement test LOCATION: Jackson & Ave 45 to PW Building

ITEM QTY UNIT UNIT PRICE TOTAL
1 5551 LF $ 7.15 $ 39,689.65
2 2000 LF $ 7.15 $ 14,300.00
3 1 LS $ 1,838.52 $ 1,838.52
TOTAL $ 55,828.17
The price to perform this work is $55,828.17.
• Additional working days to be negotiated
Exclusions: Cost of bond, permits, fees, splicing, cable termination, engineered traffic control plans.

Please contact me if you have any questions regarding this proposal.

Sincerely,
[email protected]
Proposed Change Order Request
Crosstown Electrical & Data, Inc. is pleased to provide a potential change order request for the following:

This change proposal is based on the usual cost elements such as labor, materials, and markup and does not include any amount for impacts such as interference, disruptions, rescheduling, change in the sequence of work, delays and/ or associated acceleration. We expressly reserve the right to submit our request for any of these items should we be faced with performing work under any of these conditions.

This quote is valid for _30_ calendar days from the above date and void thereafter. All work affected by either the acceptance or rejection of the enclosed change order quotation is on hold pending notification.

DESCRIPTION OF WORK
Furnish & Install 5,551' of
Corning 288 MiniXtend cable
(at original unit price)
*Additional quantity of fiber
exceeding the original contract
On Reel Testing and After
placement testing from Jackson
& Ave 45
Josh Magallanes
Estimator
626-826-4276
Josh Magallanes
Furnish & Install 2,000' of
Corning 288 MiniXtend cable
(at original unit price) at
Jackson & Ave 45
Crosstown Electrical Data, Inc.
5454 Diaz Street, Irwindale, CA 91706
License #756309, Class A C-10
DIR #1000000155
Office: (626) 813-6693
* Not to exceed amount. The final total cost for this change order ended up being $47,877.37, based off of 6,439 LF of Corning MiniXtend x $7.15 + $1,838.52 for testing = $47,877.37

Approve the Notice of Completion and final budget authority for the Indi... Page 302 of 1638 Yes
CR-5184-004 R1
Crosstown
John Kirby
Sr. PM Broadband
Implementation
Ian Cozens
Director of Information
Technology
Infrastructure
Retainage: Yes
Change Order Request
Clayton Johnston
Vice President Construction
Construction Contractor
11/19/2025
$47,877.37 Change Order Name:Indio FFA PMCM
Data Center Route build
Construction Contractor Name (Attn)
Entrust Project Manager:

Client/Owner (Attn)
Change Order Type - Scope/Cost Change
Change Order Cost:

Request Date:

Requested By:

Entrust Soutions Group SignOff
Change Request Overview
Description of Change (include location)
Reason for Change
FUNISH & INSTALL ADDITIONAL 288 MINIXTEND CABLE (AT ORIGINAL UNIT PRICE) AND TEST THE FIBER INSTALLED AFTER PLACEMENT. Material Submittals/ Specifications ACTUAL FOOTAGES IN THE FIELD EXCEEDED THE CONTRACT UNIT QUANTITIES.

Location: Jefferson & AVE 45
1) FURNISH AND INSTALL 5,551' OF CORNING 288 MINIXTEND CABLE (AT ORIGINAL UNIT PRICE) *ADDITIONAL QUANTITY OF FIBER EXCEEDING THE ORIGINAL CONTRACT QTY. 2) FUNISH AND INSTALL 2,000' OF CORNING 288 MINITEND CABLE (AT ORIGINAL UNIT PRICE) AT JACKSON & AVE

45. 3) ON REEL TESTING AND AFTER PLACEMENT TESTING OF 288 FIBER FROM JACKSON & AVE 45.

Approve the Notice of Completion and final budget authority for the Indi... Page 303 of 1638 City of Indio
City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Miguel Peña, Director of Water Utility & Maintenance Subject: Approve a Maintenance Services Agreement with Active Air Control, Inc. for Heating, Ventilating, and Air Conditioning Maintenance, Repair, and Replacement Services for City of Indio and Indio Water Authority Facilities in an Amount Not to Exceed $321,407 for Fiscal Year 2026-27, with Up to Three Optional One-Year Extensions
RECOMMENDATION:

Staff recommends that the City Council approve a Maintenance Services Agreement with Active Air Control, Inc. for heating, ventilating, and air conditioning maintenance, repair, and replacement services for City of Indio and Indio Water Authority facilities in an amount not to exceed $321,407 for Fiscal Year 2026-27; authorizing the City Manager, or the City Manager’s designee, to execute the agreement, purchase orders, task orders, notices to proceed, and related documents necessary to implement the services, subject to approval as to form by the City Attorney; authorizing the City Manager, or designee, to exercise up to three optional one-year extensions, subject to satisfactory performance, available appropriations, and compliance with the agreement; and authorizing payment from the Buildings and Grounds Internal Service Fund, Account No. 604-523015.

SUMMARY:

In order to extend the lifespan of equipment, reduce emergency calls, and minimize expenses, City of Indio requested proposals for qualified Heating, Ventilation, and Air conditioning (HVAC) companies to provide quarterly and yearly repair, maintenance and replacement services, on all City of Indio and Indio Water facilities and buildings. The scope of work consists of full-service HVAC maintenance and repair services to Water Utility and Maintenance facilities, see Appendix 1-3 for additional details on the scope of work and site details. This HVAC Repair and Maintenance contract is scheduled to begin July 1, 2026, and will end June 30, 2027.

BACKGROUND INFORMATION:

On March 9th, 2026, the city issued a request for proposals for the Heating, Ventilating, and air conditioning (HVAC) repair and replacement services for all City of Indio buildings and water facilities including well sites. Proposals were received on April 29th, 2026, the city received a total of five (5) proposals from: ACCO Engineered Systems, Inc., Emcor Mesa Energy, F.M. Thomas Air Conditioning, Inc., Urban Worx Construction, Inc. and Active Air Control Inc.; Active Air Control, Inc. ranked the highest based on the evaluation matrix scores from the evaluation team.

Funds for this project are budgeted to the Buildings and Grounds 604 Miscellaneous R&M fund. The project costs, including contingencies, are estimated as follows:

AGENDA ITEM #9.13
Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 304 of 1638 FINANCIAL SUMMARY:

Current FY Financial
Impact:
$321,407.00 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Organizational
Excellence
Source of funds: ISF - Buildings & Grounds Fund-Org-Object Reference:
604-523015 Misc. R&M
Services
Additional Financial Details:

N/A
ATTACHMENTS:

Attachment 2 - Maintenance Services Agreement Active Air Control Inc.

APPROVAL(S):

Miguel Peña, Director of Water Utility & Maintenance Approved - 02 Jul 2026 Ruby D. Walla, Director of Finance Approved - 08 Jul 2026 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2026 Jonathan Nicks, City Manager Approved - 08 Jul 2026

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 305 of 1638

MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION
AND
ACTIVE AIR CONTROL INC.

A CALIFORNIAN CORPORATION
Form Approved February 20
FORM APPROVED FEBRUARY 2026

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 306 of 1638 Page | 1

MAINTENANCE SERVICES AGREEMENT

FOR HEATING, VENTILATING, AND AIR CONDITIONING REPAIR AND REPLACEMENT SERVICES BETWEEN THE CITY OF INDIO AND ACTIVE AIR CONTROL INC.

THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 15th day of July, 2026 (“Effective Date”), by and between The City of Indio (“City”), a California municipal corporation and Active Air Control Inc., A California corporation (“Contractor”). For the purposes of this agreement, City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. The City has sought by request for proposals the performance of the defined and described services particularly in Section 2, “Scope of Services” of this Agreement.

2. Contractor was selected by City to render such services for the Heating, Ventilating, and Air Conditioning (HVAC) Repair and Replacement Services (“Project”) as set forth in this Agreement.

3. Contractor desires to perform and assume responsibility for those services required by City on the terms and conditions set forth in this Agreement.

4. Contractor represents that it has the required competence and qualifications necessary for the satisfactory performance of Heating, Ventilating, and Air Conditioning (HVAC) Repair and Replacement Services.

5. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 “Termination of Agreement,” of this Agreement, the Term of this Agreement commences on Effective Date and is through June 30th 2027, unless otherwise extended by written agreement of the Parties. (b) The City Manager or designee, may in his or her sole discretion, unilaterally exercise an option to extend the term of the Agreement for up to three (3) additional one (1) year terms.

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 307 of 1638 Page | 2

SECTION 2. SCOPE OF SERVICES
Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional HVAC maintenance services necessary for the Project as set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

SECTION 3. ADDITIONAL SERVICES
At any time during the Term of this Agreement, the City Manager or his or her designee may request that Contractor perform “Additional Work.” As used herein, “Additional Work” means any work which is determined by City Manager to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or included in the Services set forth in Exhibit “A”. Contractor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with the applicable sections of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $321,407.00, unless additional compensation is approved in writing in accordance with applicable sections of this Agreement.
(b) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
(c) If this Agreement is extended pursuant to the applicable sections of this Agreement,” City shall pay the same rates specified in Exhibit “B” “Compensation.” (d) If Additional Work is authorized, Contractor will be compensated at the same rates and manner as set forth in this Agreement.

SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 308 of 1638 Page | 3

subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. (c) 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 within fortyfive (45) days of receipt of Contractor’s correct and undisputed invoice. (d) Contractor shall notify City in writing no later than five (5) business days after invoicing for the Services that have reached eighty percent (80%) of the total contract price. This notification shall include a detailed breakdown of the total amount invoiced to date and the remaining balance of the contract price.

SECTION 6. ACCOUNTING RECORDS
Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

SECTION 7. SCHEDULE OF PERFORMANCE
Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Performance set forth in Exhibit “C” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule of Performance, staff shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.

Extension of time for unforeseen circumstances. In the event that the Contractor is unable to meet the completion date or schedule of services, if any, due to circumstances beyond Contractor’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, except strikes, lockouts, or work slowdown or stoppage of Contractor’s employees or subcontractors, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts,

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 309 of 1638 Page | 4

Contractor shall submit a written request for the additional time required to perform the work to the City Manager or designee in accordance with Section 26 and 27 of this Agreement.

SECTION 8. CONTINUITY OF PERSONNEL
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

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. (d) The payment made to Contractor pursuant to this contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor. (e) Indemnification for Employee Payments. Contractor agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which the City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of the City, for work done under this contract. This is a continuing obligation that survives the termination of this contract.

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 310 of 1638 Page | 5

SECTION 10. STANDARD OF PERFORMANCE
(a) Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.
(b) Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including an Indio Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.
(c) Any employee of the Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

SECTION 11. PERIOD OF PERFORMANCE
(a) Contractor shall perform and complete all Services under this Agreement pursuant to Section 1 “Term of Agreement,” (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion pursuant to the Schedule of Performance set forth in Exhibit “C.” Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to the Schedule of Performance, it is understood, acknowledged and agreed that City will suffer damage.

SECTION 12. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform while said dispute is decided by City. If Contractor disputes City’s decision, Contractor shall have such remedies as may be provided by law. City reserves the right to employ other Contractors in connection with the performance of the Services under this Agreement.

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 311 of 1638 Page | 6

SECTION 13. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) 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 be liable for all violations of such laws and regulations in connection with 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 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. (b) Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment,” which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
(c) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Colorado River Basin Regional Water Board; Indio’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. i. Failure to comply with the laws, regulations and policies described in this section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 312 of 1638 Page | 7

described in this section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of City, its officials, officers, agents, employees or authorized volunteers. ii. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

SECTION 14. PREVAILING WAGE LAWS
(a) Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is onethousand dollars ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1810, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
(b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 313 of 1638 Page | 8

SECTION 15. NONDISCRIMINATION
Contractor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 16. SAFETY
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and life saving equipment and procedures; ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and iii. Adequate facilities for the proper inspection and maintenance of all safety measures. iv. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the City any accident or other occurrence causing injury to persons or property during the performance of this Agreement. If required by the City Manager or designee, the report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.

SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses,

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 314 of 1638 Page | 9

injuries (including, without limitation, injury to or death of an employee of Contractor or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the performance of Services by Contractor, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control.

Contractor’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement and this section. (c) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract related to insurance.

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 “D” “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 or designee.

Contractor agrees to provide City with copies of required policies upon request.

SECTION 19. BONDS
(a) PERFORMANCE BOND. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 315 of 1638 Page | 10

(b) PAYMENT BOND. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
(c) BOND PROVISIONS. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, City may terminate this Agreement for cause. (d) SURETY QUALIFICATIONS. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to City.

SECTION 20. TERMINATION OF AGREEMENT
(a) 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.
(b) Contractor may terminate this Agreement at any time with cause. Contractor must send City written notice of termination and specifically state the cause for termination. If Contractor and City cannot agree on a cure, this Agreement will be terminated and Contractor shall cease work progress thirty (30) days after City’s receipt of the written notice or earlier if written consent is provided by the City Manager or designee. (c) 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

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 316 of 1638 Page | 11

shall furnish to City a final invoice for work performed and expenses incurred by Contractor prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 Method of Payment and Invoicing” of this Agreement. (d) 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 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 unless otherwise agreed to in writing by the Parties.

SECTION 21. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or postage prepaid and addressed as follows:

To City: City of Indio
Attn: Miguel Peña, Director of Water Utility & Maintenance 100 Civic Center Mall
Indio, CA 92201
To Contractor: Active Air Control, Inc.

Brad Kincaid, Project Manager
431 LeRoy Dr.

Corona, CA, 92879
SECTION 22. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 23. ASSIGNMENT
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

SECTION 24. 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

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 317 of 1638 Page | 12

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 Services shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 25. AUTHORITY TO EXECUTE
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.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or designee. City Manager or designee shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and City Manager’s contracting authority under the Indio Municipal Code.

SECTION 27. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by City. 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 City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. 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 ability to perform the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of 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 performing services to 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, provide non-related services for other governmental agencies and private parties following the completion of providing the Services under this Agreement. Any such future services shall not be considered a conflict of interest for purposes of this section.

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 318 of 1638 Page | 13

SECTION 29. LAW TO GOVERN; VENUE
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 30. ATTORNEY’S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 31. 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 understandings, 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.

SECTION 32. 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 33. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 319 of 1638 Page | 14

MAINTENANCE SERVICES AGREEMENT

FOR HEATING, VENTILATING, AND AIR CONDITIONING REPAIR AND REPLACEMENT SERVICES BETWEEN THE CITY OF INDIO AND ACTIVE AIR CONTROL INC.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

CITY OF INDIO
___________________________
Jonathan Nicks
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:

ACTIVE AIR CONTROL, INC.

By: ___________________________
Brad Kincaid
Project Manager

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 320 of 1638 Page | 15

EXHIBIT “A”

SCOPE OF SERVICES
Provide full-service HVAC maintenance and repair services to Water Utility and Maintenance facilities as outlined in this document (Attachments No.3 and No. 4).

Contractor(s) shall retain professional personnel who have successfully and competently provided municipal facility HVAC maintenance and repair services on projects of similar scope and complexity. It shall be the contractor’s responsibility to develop and implement a routine maintenance program to effectively maintain, to the satisfaction of the City of Indio, all aspects of HVAC systems within Water Utilities and Maintenance. For the purpose of this contract, routine preventative HVAC maintenance shall be defined as scheduled routine inspection and proactive servicing of HVAC systems to facilitate heating/cooling with a minimal downtime. The routine maintenance and all repairs shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, meet warranties and be in conformance with all applicable laws, codes and regulations. The successful contractor’s maintenance program and repairs shall, at a minimum, include but not limited to the specifications outlined herein.

Interested contractors shall address in their submittals the contractor’s ability to provide all the following services if selected by City of Indio:
1) Provide the following for all sites described in Attachment No. 3:
i. Quarterly HVAC Preventative Maintenance
ii. Annual Exhaust Fan Preventative Maintenance (PM)
iii. Annual Furnace Preventative Maintenance (PM)
iv. General and Emergency Repairs
2) See Attachment No. 4 for Air Conditioning Specifications. 3) On Call as Needed Mechanical Engineer available to provide i. Stamped mechanical engineering drawings
ii. Address Request for Information or Clarification
iii. Provide site visits, inspections and recommendations It is the contractor(s) responsibility to provide an appropriate level of staffing and provide appropriate tools and vehicles necessary to support all facility HVAC maintenance functions during hours of maintenance and for response after normal

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 321 of 1638 Page | 16

working hours. Contractor shall maintain the appropriate license and will comply with all other license, insurance and permit requirements of the City of Indio, State and Federal government, as well as all other requirements of the law.

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 322 of 1638 Page | 17

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 323 of 1638 Page | 18

Attachment No. 4: Air Conditioning Specs Details

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 324 of 1638 Page | 19

EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed $321,407.00 per fiscal year.

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 325 of 1638 Page | 20

EXHIBIT “C”

SCHEDULE OF PERFORMANCE

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 326 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 1 Quotation
Project: Service and Maintenance Agreement
To: City of Indio Properties: City of Indio Public Buildings and well sites
Active Air Control is pleased to provide the following quotation for service and maintenance with the following scope of work.

City Hall
Covered Equipment: (1 Building)
DOAS1 CU-A1
RTU-A1 CU-A2.1
CU-A5 CU-A2.2
VCU-A1.2 CU-A3
VCU-A2.1 CU-A4
VCU-A1.1 CU-A6
VCU-A2.2 Split System
VCU-A3.1 VFC’s qty 52
Quarterly Maintenance: Price Per Quarter- $16,645.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Wash the condenser coils.
• Change filters for all fan coils during off hours only. • Wash split system filters
• Check for abnormal operation of covered equipment.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control.

Annual Maintenance: Price Per Annual - $17,625.00
• Everything in a quarterly maintenance plus the following:
o Replace Belts 2x a year
o Flush the drain lines.

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 327 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 2 Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • AAC to provide a lift to access all fan coils- interior work to be performed on a Saturday. • Labor will be paid prevailing wages
-End City Hall Section -

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 328 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 3 Library
Covered Equipment: (1 Building)
(7) VFC’s
(3) FC’s
(3) RTU’s
(1) VCU’s
(2) CU’s
(1) Split System
Quarterly Maintenance: Price Per Quarter- $8,445.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control.

Annual Maintenance: Price Per Annual- $9,510.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.

Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • AAC to provide a lift to access all interior fan coil units. • Maintenance to be done off normal working hours for all interior work. • Labor will be paid prevailing wages

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 329 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 4 EOC Building
Covered Equipment: (1 Building)
AH1 CU1
AH3 CU2
AH4 CU3
AH5 CU4
AH6 RTU1
Quarterly Maintenance: Price Per Quarter- $2,030.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control.

Annual Maintenance: Price Per Annual- $3,300.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for HVAC package units 2x a year
• Flush the drain lines.

Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages