La Quinta City Council
September 19, 2023

CITY COUNCIL AGENDA Page 1 of 8 SEPTEMBER 19, 2023

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, SEPTEMBER 19, 2023
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via http://laquinta.12milesout.com/video/live.

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Peña, Sanchez, Mayor Evans

PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:

WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to [email protected], no later than 12:00 p.m., on the day of the meeting.

Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported.

If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter.

VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a “Request to Speak” form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
 ADDED PRESENTATION 1-A
 PULLED CONSENT CALENDAR ITEM
NO. 6 FROM CONSIDERATION
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CITY COUNCIL AGENDA Page 2 of 8 SEPTEMBER 19, 2023

three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor.

In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments.

Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor.

Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting.

There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.].

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed above. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda.

CONFIRMATION OF AGENDA
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CITY COUNCIL AGENDA Page 3 of 8 SEPTEMBER 19, 2023

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION.

SIGNIFICANT EXPORSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

2. ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY ATTORNEY

RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed above. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. INTRODUCE NEW CITY STAFF MEMBERS
Added Presentation >>>
1-A PROCLAMATION IN RECOGNITION OF CALIFORNIA NATIVE AMERICAN DAY – SEPTEMBER 22, 2023

2. INTRODUCE RIVERSIDE COUNTY FIRE DEPARTMENT NEW LA QUINTA

DIVISION CHIEF RICHARD TOVAR

3. HUNGER ACTION MONTH – SEPTEMBER 2023 – PRESENTATION BY FIND FOOD BANK VICE PRESIDENT OF DEVELOPMENT KELLY MUICHESTERTON AND DEVELOPMENT AND COMMUNITY RELATIONS

MANAGER MARIELA SALAZAR

4. PROCLAMATION IN RECOGNITION OF CONSTITUTION WEEK – SEPTEMBER 17-23, 2023, COMMEMORATING THE SIGNING OF THE UNITED STATES

CONSTITUTION

CONSENT CALENDAR
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CITY COUNCIL AGENDA Page 4 of 8 SEPTEMBER 19, 2023

NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

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1. APPROVE COUNCIL MEETING MINUTES OF JULY 18, 2023 9

2. APPROVE COUNCIL MEETING MINUTES OF AUGUST 1, 2023 19

3. APPROVE SPECIAL COUNCIL MEETING MINUTES OF AUGUST 23, 2023 33

4. EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE AUGUST 22, 2023, PLANNING COMMISSION MEETING
37 5. AUTHORIZE OVERNIGHT TRAVEL FOR PERMIT TECHNICIAN IN THE CITY CLERK’S DEPARTMENT AND ADMINISTRATIVE TECHNICIAN IN THE FINANCE DEPARTMENT TO ATTEND THE CITY CLERK’S ASSOCIATION OF CALIFORNIA “NUTS AND BOLTS” WORKSHOP IN BREA, CALIFORNIA, OCTOBER 26-27, 2023
39 6. pulled from consideration by Staff >>> AUTHORIZE OVERNIGHT TRAVEL FOR

MAINTENANCE AND OPERATIONS CREW LEADER TO ATTEND YEAR ONE

OF CALIFORNIA PARKS AND RECREATION SOCIETY MAINTENANCE

MANAGEMENT SCHOOL IN LAKE ARROWHEAD, CALIFORNIA, NOVEMBER 6-10, 2023
41 7. AUTHORIZE OVERNIGHT TRAVEL FOR THE DEPUTY BUILDING OFFICIAL,

TWO SENIOR BUILDING INSPECTORS, AND ONE BUILDING INSPECTOR TO ATTEND THE CALIFORNIA BUILDING OFFICIAL’S EDUCATION WEEK IN COSTA MESA, CALIFORNIA, OCTOBER 23-26, 2023
43 8. APPROVE PURCHASE OF NEW TECHNOGYM FITNESS EQUIPMENT FOR

THE WELLNESS CENTER
45 9. APPROVE ADVERTISING AGREEMENT WITH ALPHA MEDIA FOR MARKETING SERVICES FOR IRONMAN 70.3 EVENT FOR FISCAL YEAR 2023/24
67 10. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF

RIVERSIDE TO PROVIDE ONSITE WASTEWATER TREATMENT SYSTEMS

REGULATION
71 11. ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE FLORESTA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 36762, LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET
83 12. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP NO. 38668 AND ASSOCIATED SUBDIVISION IMPROVEMENT

AGREEMENT FOR A MIXED-USE PROJECT LOCATED ON THE NORTHEAST 87 Click Here to Return to Agenda
CITY COUNCIL AGENDA Page 5 of 8 SEPTEMBER 19, 2023

CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD; PROJECT – DUNE PALMS MIXED-USE PROJECT [RESOLUTION NO. 2023-033]

13. ADOPT RESOLUTION TO EXTEND THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM [RESOLUTION NO. 2023-034]
109

14. RECEIVE AND FILE FOURTH QUARTER FISCAL YEAR 2022/23 TREASURY REPORTS FOR APRIL, MAY, AND JUNE 2023
113

15. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JULY 31, 2023
179

16. APPROVE DEMAND REGISTERS DATED JULY 28, AUGUST 4, 11, AND 18, 2023
185

17. APPROVE DEMAND REGISTERS DATED AUGUST 25, SEPTEMBER 1 AND 8, 2023
211

BUSINESS SESSION
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1. APPROVE FRITZ BURNS PARK IMPROVEMENTS DRAFT MASTER PLAN, AUTHORIZE THE DESIGN PHASE, AND APPROVE AMENDMENT NO. 2 TO

THE AGREEMENT FOR CONTRACT SERVICES WITH INSITE LANDSCAPE

ARCHITECTURE TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02
233

STUDY SESSION
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1. DISCUSS THE VILLAGE UNDERGROUNDING FEASIBILITY STUDY PROJECT NO. 2022-06
257
PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).

Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing.

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1. ADOPT RESOLUTIONS TO: 1) ADOPT MITIGATED NEGATIVE DECLARATION (EA 2021-0006 ), AND 2) APPROVE GENERAL PLAN AMENDMENT 2021-0001, ZONE CHANGE 2021-0001, CONDITIONAL USE PERMIT 2021-0002 299
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CITY COUNCIL AGENDA Page 6 of 8 SEPTEMBER 19, 2023
(PLANNED UNIT DEVELOPMENT) FOR AN 80-UNIT SINGLE-FAMILY RESIDENTIAL PROJECT AND TENTATIVE TRACT MAP 2021-0004 (TTM 37950); CEQA: DESIGN AND DEVELOPMENT DEPARTMENT PREPARED A

MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; PROJECT NAME: LA VILLETA AT AVENUE 58; LOCATION: SOUTH OF AVENUE 58 BETWEEN MADISON STREET AND MONROE STREET [RESOLUTION NOS. 2023-035 AND 2023-036]

DEPARTMENTAL REPORTS
481
489
491

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK
3-A – SHORT-TERM VACATION RENTAL PROGRAM CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT OVERVIEW – QUARTERLY REPORT – APRIL - JUNE 2023
3-B – HOUSING COMMISSION MEETING START TIME CHANGE

4. COMMUNITY RESOURCES – QUARTERLY REPORT – APRIL - JUNE 2023

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC WORKS
7-A – QUARTERLY REPORT – APRIL - JUNE 2023 501
7-B – DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05 STORM DAMAGE UPDATE
511

8. POLICE – QUARTERLY REPORT – APRIL - JUNE 2023 517

9. FIRE – QUARTERLY REPORT – APRIL - JUNE 2023 521
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)

5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans)

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Evans)

10. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

11. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

12. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

13. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)

14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) Click Here to Return to Agenda
CITY COUNCIL AGENDA Page 7 of 8 SEPTEMBER 19, 2023

15. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

16. CVAG PUBLIC SAFETY COMMITTEE (Peña)

17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)

18. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña)

19. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey)

20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)

21. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

22. SUNLINE TRANSIT AGENCY (Peña)

23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)

24. ANIMAL CAMPUS COMMISSION (Sanchez)

25. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez & Peña)

26. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

27. FINANCIAL ADVISORY COMMISSION SPECIAL MEETING MINUTES OF JUNE 7, 2023
525

28. PLANNING COMMISSION MEETING MINUTES OF JUNE 13, 2023 529

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on October 3, 2023, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on September 15, 2023.

DATED: September 15, 2023
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
 Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].

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CITY COUNCIL AGENDA Page 8 of 8 SEPTEMBER 19, 2023

 The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777- 7123, 24-hours in advance of the meeting and accommodations will be made.  If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.
*** TELECONFERENCE PROCEDURES – PURSUANT TO AB 2449***

APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.

Only one person at a time may speak by teleconference and only after being recognized by the Mayor.

ZOOM LINK: https://us06web.zoom.us/j/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 – 8782
Written public comments – can be provided in person during the meeting or emailed to the City Clerk’s Office at [email protected] any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request.

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CITY COUNCIL MINUTES Page 1 of 9 JULY 18, 2023

CITY COUNCIL

MINUTES
TUESDAY, JULY 18, 2023

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None

CONFIRMATION OF AGENDA
City Clerk Radeva said a supplemental staff report was provided as a hand-out and included in the public record of this meeting for Public Hearing Item No. 1, noting that the SilverRock Event Site rental rates and the Parking Lot rental rates in the proposed Master Fee Schedule update were to remain unchanged instead of increasing by the 4.57% Consumer Price Index.

Councilmember McGarrey said she will recuse herself and abstain from discussion and vote on Consent Calendar Item No. 20 due to a potential conflict of interest stemming from a business relationship, i.e., her employer, Southern California Gas Company, is listed on the Demand Register, and requested that the item be pulled for a separate vote.

Council concurred.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

2. ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT
CONSENT CALENDAR ITEM NO. 19
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CITY COUNCIL MINUTES Page 2 of 9 JULY 18, 2023
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following pursuant to Government Code section 54950 et seq. (Brown Act):
 CLOSED SESSION ITEM NO. 1 – no reportable action; and  CLOSED SESSION ITEM NO. 2 – Council completed the City Manager’s annual performance evaluation and reaffirmed his appointment.

PLEDGE OF ALLEGIANCE
Elementary student Jameson Herrera led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Philip Bettencourt, La Quinta, serving as At-Large Commissioner on the Imperial Irrigation District (IID) Coachella Valley Energy Commission – commended the IID Energy Consumer Advisory Committee, current member Deborah McGarrey, and former members Lee Osborne and John Peña.

Mayor Evans said at the August 1, 2023 regular meeting, a Study Session item will be tabled for Council consideration regarding the City’s response to the March 2023 draft Local Agency Formation Commission (LAFCO) study related to options for energy services moving forward, following the February 1934 Coachella Valley Water District (CVWD) and IID’s 99-year lease agreement, making IID the electrical service provider for the eastern Coachella Valley, which is set to expire on December 31, 2032; and encouraged the community to provide input.

PUBLIC SPEAKER: Lynne Daniels, La Quinta – introduced new General Manager Natalia Dodd for the Nobu Japanese restaurant, located at the Tennis Gardens venue in Indian Wells; Ms. Dodd introduced herself and noted Nobu is now open year-round, since February 2023.

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received on MATTERS NOT ON THE AGENDA, from resident Cristina Acosta in support of reviving the City’s Arts Commission, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. CERTIFICATE OF RECOGNITION COMMENDING ELEMENTARY STUDENT JAMESON HERRERA FOR RECEIVING THE “DO THE RIGHT THING” AWARD President and Executive Director Terri Ketover of the “Do the Right Thing” program, a non-profit organization with chapters in 53 cities throughout the United States, as well as Germany and England, explained the program’s objectives to reward positive attitude and 10 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 3 of 9 JULY 18, 2023
behavior in kids, make them newsworthy by partnering with KESQ local news channel, and set them up as positive role models for their peers; noted that the program was recognized by the White House and the Florida State legislature; spoke about the efforts of the Palm Springs chapter; and introduced La Quinta elementary student Jameson Herrera.

Mayor Evans detailed Jameson Herrera’s qualities leading to his recognition as recipient of the “Do the Right Thing” award.

Council presented a Certificate of Recognition to Jameson Herrera for receiving the “Do the Right Thing” award, as well as a Certificate of Recognition from Assemblymember Greg Wallis, on behalf of the Assembly and Constituents of the 47th Assembly District.

2. pulled from Agenda >>> INTRODUCE RIVERSIDE COUNTY FIRE

DEPARTMENT NEW LA QUINTA DIVISION CHIEF RICHARD TOVAR
This item was pulled from the agenda - Fire Department personnel were engaged in fighting a fire. This item will be tabled for a future meeting.

3. COACHELLA VALLEY CONSERVATION COMMISSION (CVCC) UPDATE BY

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS CONSERVATION

PROGRAM MANAGER PETER SATIN
Coachella Valley Association of Governments Conservation Program Manager Peter Satin provided an update on the Coachella Valley Conservation Commission’s Multiple Species Habitat Conservation Plan, a regional conservation plan encompassing 1.2 million acres, of which 53% is under public or private conservation; noted that CVCC’s goal is to conserve biological corridors, sand flows, and 27 plant and animal species; explained the permitting process and funding sources; land management responsibilities of acquired land; and provided an update on the Big Horn sheep fence project.

CONSENT CALENDAR

1. APPROVE COUNCIL MEETING MINUTES OF JUNE 6, 2023

2. APPROVE COUNCIL MEETING MINUTES OF JUNE 20, 2023

3. APPROVE COUNCIL AND HOUSING AUTHORITY SPECIAL MEETING MINUTES OF JUNE 30, 2023

4. APPROVE COUNCIL SPECIAL MEETING MINUTES OF JUNE 30, 2023

5. APPROVE COUNCIL SPECIAL MEETING MINUTES OF JULY 10, 2023

6. AUTHORIZE OVERNIGHT TRAVEL FOR TWO COUNCILMEMBERS, CITY

CLERK, FINANCE DIRECTOR, AND HUMAN RESOURCES MANAGER TO 11 Click Here to Return to Agenda
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ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 2023

RISK MANAGEMENT EDUCATIONAL FORUM IN CARLSBAD, CALIFORNIA, AUGUST 30 – SEPTEMBER 1, 2023

7. AUTHORIZE OVERNIGHT TRAVEL FOR THE DESIGN AND DEVELOPMENT

DIRECTOR AND ONE PLANNING STAFF MEMBER TO ATTEND THE
AMERICAN PLANNING ASSOCIATION CALIFORNIA CHAPTER’S ANNUAL CONFERENCE IN FRESNO, CALIFORNIA, SEPTEMBER 16-19, 2023

8. AUTHORIZE OVERNIGHT TRAVEL FOR PUBLIC WORKS DEPUTY

DIRECTOR TO ATTEND THE AMERICAN PUBLIC WORKS ASSOCIATION CONFERENCE IN SAN DIEGO, CALIFORNIA, AUGUST 27-30, 2023

9. APPROVE CONTRACT SERVICES AGREEMENT WITH ALPHA MEDIA FOR MARKETING SERVICES FOR FISCAL YEAR 2023/24

10. APPROVE TEMPORARY ART LOAN AGREEMENT WITH CJ RENCH FOR

THREE SCULPTURES TO BE DISPLAYED AT SILVERROCK PARK

11. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE CREATIVE LIGHTING & ELECTRICAL, INC., FOR ADDITIONAL SPENDING AUTHORITY UP TO $100,000 FOR ADDITIONAL NON-CONTRACTED MAINTENANCE AND/OR REPAIR ITEMS IN FISCAL YEAR 2023/24 WHEN THEY ARE THE

QUALIFIED AND/OR LOWEST BIDDER

12. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE PWLC II, INC.

FOR ADDITIONAL SPENDING AUTHORITY UP TO $150,000 FOR
ADDITIONAL WORK IN FISCAL YEAR 2023/24, AS A SINGLE SOURCE FOR

MEDIAN LANDSCAPE RESTORATION WITHIN THE LIGHTING &
LANDSCAPE ASSESSMENT DISTRICT 89-1 WHEN THEY ARE THE

QUALIFIED AND/OR LOWEST BIDDER

13. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE

ASSOCIATES, INC FOR ADDITIONAL SPENDING AUTHORITY UP TO $150,000 FOR ADDITIONAL WORK IN FISCAL YEAR 2023/24, AS A SINGLE

SOURCE FOR LANDSCAPE RESTORATION WITHIN CITYWIDE PARKS

WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER

14. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SHADE
STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES, INC.

THROUGH SOURCEWELL COOPERATIVE PURCHASING FOR
INSTALLATION OF SHADE STRUCTURES AT ADAMS PARK PROJECT NO. 2023-11, EISENHOWER PARK PROJECT NO. 2023-12, VELASCO PARK PROJECT NO. 2023-14 AND SEASONS DOG PARK PROJECT NO. 2023-13

15. APPROPRIATE ADDITIONAL FUNDING IN THE AMOUNT OF $950,000; AND

AWARD CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR THE
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FRED WARING DRIVE PAVEMENT REHABILITATION PROJECT, PROJECT NO. 2022-03, LOCATED FROM WASHINGTON STREET TO ADAMS STREET

16. ACCEPT CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2022-08 (COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 4.LQ.47-22) LOCATED AT VARIOUS

LOCATIONS ALONG AVENIDA MONTEZUMA

17. ADOPT RESOLUTION DESIGNATING SPEED LIMIT FOR ADAMS STREET FROM DARBY ROAD TO FRED WARING DRIVE [RESOLUTION NO. 2023-027]

18. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2023

19. APPROVE DEMAND REGISTERS DATED JUNE 16, JUNE 23, AND JUNE 30, 2023

20. Pulled for a separate vote by Councilmember McGarrey >>> APPROVE DEMAND

REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED APRIL 7, MAY 19, AND JUNE 16, 2023

21. ADOPT RESOLUTION TO ACCEPT DONATION OF CERTAIN REAL

PROPERTY FROM BAY SHORE INCORPORATED PENSION TRUST FOR

HISTORIC PRESERVATION AND DISPLAY, LOCATED NORTH OF HIGHWAY 111, WEST OF WASHINGTON STREET, IDENTIFIED AS ASSESSOR’S PARCEL NUMBER 604-050-018 [RESOLUTION NO. 2023-028]
COMMENTS – CONSENT CALENDAR ITEM NO. 15
Councilmember McGarrey said she often gets asked by community members about the state of the pavement of Fred Waring Drive; and noted that this item will rehabilitate the pavement along this street segment.

Council noted that the City has appropriated over $6 million dollars in paving projects throughout the City in the last few months.

MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to approve Consent Calendar Item Nos. 1-19 and 21 as recommended, with Item Nos. 17 and 21 adopting Resolution Nos. 2023-027 and 2023-028, respectively. Motion passed unanimously.

CONSENT CALENDAR ITEM NO. 20
COUNCILMEMBER McGARREY RECUSED HERSELF, AND SAID SHE WILL

ABSTAIN FROM THE DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 20 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING 13 Click Here to Return to Agenda
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FROM A BUSINESS RELATIONSHIP WITH HER EMPLOYER SOUTHERN

CALIFORNIA GAS COMPANY
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item No. 20 as recommended. Motion passed: ayes – 4, noes – 0, abstain – 1 (McGarrey), absent – 0.

BUSINESS SESSION

1. APPROVE MASTER PLAN FOR THE LA QUINTA CULTURAL CAMPUS PROJECT NO. 2019-01 AND AMENDMENT NO. 2 TO AGREEMENT FOR

CONTRACT SERVICES WITH HGA AUTHORIZING PRELIMINARY WORK ASSOCIATED WITH PHASE 2 OF THE PROJECT AND RELATED

COMPENSATION
Community Services Deputy Director Calderon and Management Analyst Calderon presented the staff report, which is on file in the Clerk’s Office.

CONSULTANT PRESENTATION: Matt Austin, Lead Design Architect and Associate Vice President (also present: Olivia Lu-Hill, Senior Project Coordinator) with HGA – provided a detailed presentation of the proposed master plan design for the Cultural Campus.

Council discussed the former lumberyard building’s structural integrity, the pros and cons of preserving it, its historical value, future functional uses for each of the two floors of the building; interim archive space; use of Casita and/or former La Quinta Realty office aka Cathcart building as temporary archive/storage space; Museum and Historical Society staff’s preference for the sequence of project phases; and completing all phases as soon as possible to take advantage of momentum, and avoid future cost increases due to inflation.

Staff noted that the lumberyard building and the interior design of the archive will be presented to Council for discussion as a separate Study Session item at a future meeting.

PUBLIC SPEAKER: Linda Williams, President of the Historical Society – complemented HGA and Staff for the design and their efforts; expressed support for the master design as presented; encouraged preserving the lumberyard building which is superior to demolishing it and exhibiting photos of what existed; asked for clarification on the project phases; emphasized the importance of an interior archive storage with controlled environment; archive space separate from the Museum is necessary for volunteers to work after hours; and said that the City’s history is one thing all residents have in common and appreciate.

PUBLIC SPEAKER: Sharla Fox, La Quinta Museum Director – supports the proposed master plan, the temporary solutions presented while construction would be underway; and supported preserving the lumberyard building.
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MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to:
1) Approve master plan for the La Quinta Cultural Campus Project No. 2019-01 and to transition the project to Phase 2, per the agreement, to prepare schematic drawings for the following components:
a. Promenade – proceed
b. Entry Courtyard – proceed
c. Entry Archive / Office – proceed
d. Giftshop – proceed
e. Lumberyard – bring back for future discussion
f. New Archive – proceed
g. Oasis – proceed
h. Casita – proceed;
2) Approve Amendment No. 2 to Agreement for Contract Services with HGA authorizing preliminary work associated with Phase 2 of the project for an additional $16,250; and
3) Authorize the City Manager to execute the amendment, as recommended.

Motion passed unanimously.

DIRECTION TO STAFF: Council requested that staff bring this project to future meetings of the Financial Advisory Commission, Community Services Commission, and Planning Commission for their input.

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received on Business Session Item No. 1, from resident Kay Wolff in support of the Cultural Campus master plan design as proposed, but opposing the demolition of the lumberyard building, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:55 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:02 P.M. WITH

ALL MEMBERS PRESENT

2. RECEIVE AND FILE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR YEAR ENDED JUNE 30, 2022
Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office.

PRESENTER VIA TELECONFERENCE: Lauryn Stapleton, Senior Manager with Eide Bailly, LLP, auditing firm for the City – noted the auditors provided an “unmodified opinion,” which is the highest level; and explained the role of the auditors and the findings.

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MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to receive and file the Annual Comprehensive Financial Report for the year ended June 30, 2022, as recommended. Motion passed unanimously.

STUDY SESSION – None

PUBLIC HEARINGS

1. ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2023-029]
City Clerk Radeva said a supplemental staff report was provided as a hand-out for Public Hearing Item No. 1 (replacing pages 463, 465, 550, and 551 of the Agenda Packet), which was included in the public record of this meeting, noting that the SilverRock Event Site rental rates and the Parking Lot rental rates were to remain unchanged instead of to increase by the 4.57% Consumer Price Index.

City Clerk Radeva introduced City Consultant David Schroeder, Senior Consultant with ClearSource Financial Consulting, attending via teleconference, who presented the staff report, which is on file in the Clerk’s Office.

City Clerk Radeva noted that the Desert Valley Builders Association (DVBA) issued a letter of support, which is included in the staff report as Attachment 4.

Council discussed the purpose of having bingo permit fee; and revisiting the false alarm fees in the future.

COUNCILMEMBER MCGARREY NOTED THAT SHE IS A VOLUNTEER BOARD

MEMBER FOR THE DVBA, AND DOES NOT RECEIVE COMPENSATION
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:34 P.M.

PUBLIC SPEAKER: None
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:34 P.M.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2023-029 to update the City’s user and regulatory Master Fee Schedule as amended:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS

USER AND REGULATORY FEES
Motion passed unanimously.
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DEPARTMENTAL REPORTS – None
MAYOR’S AND COUNCIL MEMBERS’ ITEMS - none

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2023, Mayor Evans reported on her participation in the following organization’s meeting:
 GREATER PALM SPRINGS CONVENTION AND VISITORS’ BUREAU
La Quinta’s representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION
La Quinta’s representative for 2023, Councilmember McGarrey reported on her participation in the following organization’s meeting:
 IID ENERGY CONSUMERS’ ADVISORY COMMITTEE
La Quinta’s representative for 2023, Councilmember Peña reported on his participation in the following organization’s meeting:
 CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to adjourn this meeting at 6:45 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL

MINUTES
TUESDAY, AUGUST 1, 2023

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, and Mayor Evans ABSENT: Mayor Pro Tem Sanchez
MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to excuse Mayor Pro Tem Sanchez’s absence. Motion passed – ayes 4, noes - 0, abstain – 0, absent – 1 (Sanchez).

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed

CLOSED SESSION

1. ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY ATTORNEY

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:31 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:07 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

Mayor Evans reported that Council completed the City Attorney’s annual performance evaluation pursuant to Government Code section 54957.1 (Brown Act) and reaffirmed his appointment.

PLEDGE OF ALLEGIANCE
Councilmember McGarrey led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Richard Gray, La Quinta (received donated time from resident David Heckman) – said he met with Robert Sylk, City Manager McMillen and Councilmember Peña, and a second meeting with Robert Green and Robert Sylk, to discuss the CONSENT CALENDAR ITEM NO. 219 Click Here to Return to Agenda CITY COUNCIL MINUTES Page 2 of 14 AUGUST 1, 2023
Talus/SilverRock project status and was disappointed because no specific details could be discussed due to the potential of anticipated litigation, and the information received from Mr. Green was old information.

Mr. Gray also commented on the features missing in the proposed La Quinta Village Apartments project, tabled for consideration as Public Hearing Item No. 2 on tonight’s agenda, such as elevators from the three-story buildings, large apartments, and traffic flow.

PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker realtor and La Quinta resident – provided an update on Chamber events and activities, including the Chamber’s annual retreat; thanked the City Council for their commitment, collaboration, and support; noted business ribbon-cutting events recently held, and those upcoming; and spoke of the positive results of Chamber Staff’s recent “business walk”.

PUBLIC SPEAKER: Lynn Daniels, La Quinta – noted for the record that there will be a criminal arraignment of her neighbor Claudia Snyder next week due to Ms. Snyder’s assault on Ms. Daniels.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None

CONSENT CALENDAR

1. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND

ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION
IMPROVEMENTS PROJECT 2016-03I, LOCATED ON THE EAST SIDE OF JEFFERSON STREET, SOUTH OF AVENUE 50

2. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND

ADVERTISE FOR BID THE COVE TRAILS PARKING LOT IMPROVEMENTS PROJECT NO. 2022-30

3. APPROVE DEMAND REGISTERS DATED JULY 7, JULY 14, AND JULY 21, 2023

4. APPROVE AMENDMENT NO. 3 TO SOFTWARE AS A SERVICE AGREEMENT WITH TYLER TECHNOLOGIES INC. FOR FINANCE AND HUMAN

RESOURCES SOFTWARE SERVICES

5. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES

WITH INTERWEST CONSULTING GROUP, INC, FOR ON-CALL BUILDING

CODE PLAN REVIEW AND INSPECTION SERVICES, TO INCREASE THE COMPENSATION FOR FISCAL YEAR 2022/23
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6. ADOPT RESOLUTION TO AUTHORIZE CITY PARTICIPATION IN THE COUNTY OF RIVERSIDE’S URBAN COUNTY PROGRAM FOR FEDERAL
FISCAL YEARS 2024-2025, 2025-2026, AND 2026-2027
[RESOLUTION NO. 2023-030]

7. AUTHORIZE OVERNIGHT TRAVEL FOR UP TO SIX EMPLOYEES FROM THE

FINANCE AND HUMAN RESOURCES DEPARTMENTS TO ATTEND THE

CALPERS EDUCATIONAL FORUM IN LOS ANGELES, CALIFORNIA,
OCTOBER 1-4, 2023
COMMENTS – CONSENT CALENDAR ITEMS:

Item No. 1 – Mayor Evans said several years ago, the City committed to investing millions of Measure G funds (1% sales tax) to transform street landscaping throughout the City to native desert plants, and this item is the last segment of that project.

Item No. 4 – Mayor Evans commended City Staff for their work since 2013 in investing in, and updating City software, making the City a role model to other cities for providing online services to its residents, and integrating City departments.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve the Consent Calendar as recommended, with Item No. 6 adopting Resolution No. 2023-030. Motion passed – ayes 4, noes - 0, abstain – 0, absent – 1 (Sanchez).

BUSINESS SESSION – None

STUDY SESSION

1. DISCUSS REVISIONS TO THE PILLARS OF THE COMMUNITY,

DISTINGUISHED ARTISTS, AND DISTINGUISHED ATHLETES AWARD

PROGRAMS
Community Services Deputy Director Calderon and Management Analyst Calderon presented the staff report, which is on file in the Clerk’s Office.

COMMUNITY SERVICE COMMISSIONERS PRESENTATION: Gayl Biondi, Community Services Commission (CSC) Chairperson and CSC Commissioner Tammy Gordon – said the Programs are due for a refresh to simplify the application process; once an award is received, the Pillar is never contacted again; combining the Pillar award with the Senior Inspiration Awards may mislead residents to believe the Pillar Awards are for seniors only; suggested the process be year-round; recommended the info on the Award be pushed out to the community, but also involve service clubs, community leaders, etc. to pull information from them on potential nominees, and to keep the Program fresh in their minds; the CSC is prepared to draft new guidelines for the Program, and to promote the Program in the community should the Council so direct; the criteria for nominees not to be depended on years of service, but to include younger people who have contributed significantly in a short period of time; hope to create a pool of people to follow and 21 Click Here to Return to Agenda
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recognize; and receiving a Pillar Award would not be contingent upon the nominee having received any other City recognition.

Council discussed gratitude for the consideration given to this by the CSC; expanding the program to acknowledge the City’s growth; including non-traditional contributions by residents; pros and cons of including non-residents who make significant contributions to La Quinta such as youth coaches; including information on the Program during State of the City events; opening the criteria to seasonal residents as well; ways to encourage the nomination of young residents; and changing the final process so that the Council is not put in a position to simply rubber-stamp CSC recommended recipient.

Council reached a consensus and directed staff to work with the CSC to draft new criteria and guidelines for nominees of the Pillars of the Community Award.

2. DISCUSS MARKETING RECAP FOR FISCAL YEAR 2022/23 AND
MARKETING STRATEGIES FOR FISCAL YEAR 2023/24
Director of Business Unit and Housing Development Villapando and Marketing Manager Graham presented the staff report, which is on file in the Clerk’s Office.

Council discussed the app for economic development and how it will interact; collaborating with Visit Greater Palm Springs; highlighting the recent changes and upcoming changes along Highway 111 and Old Town including the Museum; SHOP LOCAL campaign collaboration plans; and status of the preparing a list of La Quinta businesses for residents.

3. DISCUSS IMPERIAL IRRIGATION DISTRICT (IID) CONTRACT EXPIRATION

AND THE OPTIONS IN MOVING FORWARD THAT ADDRESS AGING
EQUIPMENT AND STRESSED POWER GRID; PROVIDE DIRECTION
REGARDING THE CITY’S RESPONSE TO THE MARCH 2023 LOCAL AGENCY FORMATION COMMISSION STUDY; AND APPOINT TWO COUNCIL

MEMBERS TO FINALIZE THE COMMENT LETTER
Marketing and Communications Specialist Barkas presented the staff report, which is on file in the Clerk’s Office.

Council discussed both Coachella Valley and Imperial County struggling with power supply; open communication with IID is critical due to its importance to La Quinta; consequences of long term reduced electrical rates; future of energy in California; all five IID Board Members live and represent Imperial County; rates, investments, undergrounding utilities, etc. are issues for which Riverside County users need Board representation; one proposal is to separate IID into two distinct governing Boards – one for water, and one for power with members who represent the users of each type of service; infrastructure investment plans are currently focused on Imperial County, yet Coachella Valley developers are held up because IID does not have the capacity to 22 Click Here to Return to Agenda
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service them; multiple issues of great expense are facing the City and IID, all of which must be resolved soon; and pros and cons and challenge of City-generated power.

PUBLIC SPEAKER: JB Hamby, Vice President of the IID Board of Directors – spoke about the new relationship established over the last two years and opening of communication; huge cost associated with the State-required equipment replacement over the next 10 years, much of which is in Imperial County; IID’s rates reflect its policy of “growth pays for growth;” greater demand by new development, and more electric demand from existing users is near maxing out IID’s existing capacity; revising IID policy so that new development is funded by both developers and IID rate payers; and time to determine and plan for a collective vision of the future.

Council discussed exploring electrical self-generation by developers; and the response to the LAFCO study, and need for more time to complete the financial component.

Council reached a consensus to appoint Councilmember McGarrey and Mayor Evans to draft the comment letter in response to the LAFCO study, which is to include a request for a time extension for the inclusion of financial data.

PUBLIC HEARINGS

1. ADOPT RESOLUTION TO APPROVE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE FISCAL YEAR 2023/24 PROPERTY TAX ROLL [RESOLUTION NO. 2023-031]
Public Safety Deputy Director Mendez and Animal Control / Code Compliance Supervisor Meredith presented the staff report, which is on file in the Clerk’s Office.

Council discussed the criteria and process for a property to be declared a public nuisance, which relates to properties that are a safety hazard.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:54 P.M.

PUBLIC SPEAKERS: None
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:54 P.M.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to adopt Resolution No. 2023-031 as recommended:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, PLACING A SPECIAL ASSESSMENT AND PROVIDING FOR

COLLECTION ON TAX ROLLS OF CERTAIN PROPERTIES FOR COSTS OF

ABATEMENT OF PUBLIC NUISANCE
Motion passed – ayes 4, noes - 0, abstain – 0, absent – 1 (Sanchez).

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:55 P.M.
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MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:11 P.M. WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND PEÑA PRESENT

2. ADOPT RESOLUTIONS TO ADOPT A MITIGATED NEGATIVE DECLARATION (EA 2022-0001) AND APPROVE GENERAL PLAN AMENDMENT 2022-0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 FOR A 252-UNIT APARTMENT PROJECT, LA QUINTA VILLAGE
APARTMENTS; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT

PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION:

NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50
[RESOLUTION NOS. 2023-032 AND 2023-033]
Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office.

City Attorney Ihrke explained that under State law a General Plan Amendment must be approved by a majority of the legislative body, which equals at least three (3) of the five (5) Councilmembers.

Council discussed the number of units in the Parc La Quinta project; setback requirements for parking or buildings along the channel; City of Indio’s apartment complex on Jefferson Street/Highway 111 approval process; parameters of affordable housing developments that are approved by right based on State mandates, thereby overriding local objections; likelihood of approval of a revised Housing Element, and who pays for it; criteria of power poles on the site that will require undergrounding; effect of the “no net loss” law; approval requirement of rezoning property; developer acceptance of the existing zoning at the Fred Waring Drive/Washington Street property; the consequences if the City falls short of its required regional affordable housing numbers; traffic deficiencies of school zones; means to evaluate the design to determine if it is compatible with the area; subjective versus scientific impacts reviewed by an Environmental Impact review; means to evaluate paved, non-permeable acreage on the environment; and Council’s options for actions on this item tonight.

APPLICANT REPRESENTATIVE: Vince Whittaker, Shareholder with Buchalter Law Firm, legal counsel for the applicant – pointed out that the property has been designated for affordable housing.

APPLICANT REPRESENTATIVE: Benjamin Egan, PE, PLS, Principal with Egan Civil, Inc. and Civil Engineer for the Applicant – stated that this project will provide the City with 74 of the 297 required RENA moderate income units; and, the project has a “will-serve” letter for power from IID, and since the Marshall substation is at capacity, this project will upgrade a transformer doubling the substation capacity, but will only use an estimated 10% of that additional capacity.

APPLICANT REPRESENTATIVE: Elizabeth Aguilar, Job Captain, and Sherry Braun, Director of Design, with Irwin Partners Architects – presented a power point depicting the 24 Click Here to Return to Agenda
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zoning parameters, development standards, offsite improvements, architectural style, onsite and overflow parking, setbacks, site lines, traffic study, one-year minimum lease terms, rental rates, quality of unit finishes, and the same quality for both market rate and affordable units, dark-sky compliant site lighting, and requested feedback on some site and building design specifications.

Council discussed units per acre; placement and number of AC units; considering energy efficiency in choosing building colors, darker colors absorb heat; onsite 54 EV car chargers; inclusion of car chargers in site energy calculations of 2.2 megawatts; and provision for storage within the apartment units.

PUBLIC SPEAKER: Daryl Buckley, Manager of Energy Resource Planning for IID La Quinta Office – confirmed that IID has commissioned the developer to upgrade the capacity at the Marshall substation with a transformer which will serve this project, relieve some of the load on the substation, and provide capacity for some additional growth; and the lead time for the transformer equipment is two years.

APPLICANT REPRESENTATIVE: George Chossain, PE, MSCE, MPA, Principal Engineer with Integrated Engineering Group, and Traffic Consultants for the Applicant – provided a power point presentation on the project’s traffic assessment, traffic impact, trip generation, intersection analysis, roadway segment capacity, bicycle network, project access points, site visibility, and U-turn versus left-turn safety.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:50 P.M.

PUBLIC SPEAKER: Thomas Emison, La Quinta (received donated time from resident Chae Emison) – provided a hand-out of photos; opposes the project’s style, colors, architecture, traffic and safety, three-story height, insufficient parking, no elevators, and the five-foot easement on the north property line.

PUBLIC SPEAKER: Sandi Robins, La Quinta – spoke of Assembly Bill 323 working its way through the State Legislature regarding density bonuses; and noted that she submitted a letter to the Council with additional concerns regarding this project.

PUBLIC SPEAKER: Keith Meyer, La Quinta, and President of Duna La Quinta HOA – said he submitted a letter to the Council; opposed the project as designed, its location, the project’s vehicle access, three-story buildings, and opposed to the State’s housing mandate on cities.

PUBLIC SPEAKER: Dante Gomez, La Quinta (received donated time from resident Neal Robinson) – opposed the project’s three-story buildings, lack of elevators, high rental rates, density, parking, and expressed frustration with the review process.

PUBLIC SPEAKER: Kevin White, La Quinta (received donated time from resident Kimberly White) – submitted written comments; believes the mandates from the State are unreasonable; opposed the project due to traffic, adding to the overwhelmed electric grid, 25 Click Here to Return to Agenda
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no elevators discriminate against an aging community, project’s height and design, and believed the community supports an assisted living project on the site, not high-density apartments.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:22 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 8:28 P.M. WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND PEÑA PRESENT
PUBLIC SPEAKER: Joseph Nemith, La Quinta – opposed the project’s density, a zone change, traffic congestion, U-turns on Avenue 50, safety, and a bad fit for the location.

PUBLIC SPEAKER: Audrey Reed, La Quinta (received donated time from resident Jackie Garvin) – observed the traffic for 90 minutes and believes the traffic study has flaws, and the proposed traffic pattern is unsafe.

PUBLIC SPEAKER: Rocio Gomez, La Quinta – opposed the project due to traffic and safety around school, three-story height, limited parking, and lack of elevators.

PUBLIC SPEAKER: Penelope Gomez, La Quinta – opposed the project due to safety concerns and traffic.

PUBLIC SPEAKER: Sasha Gomez, La Quinta – opposed the project due to traffic, safety during school drop-offs and pickups, adding students to already overcrowded classrooms, and climate change.

PUBLIC SPEAKER: George Christopher, La Quinta (former commissioner ECAC) – supported the project due to the needed contribution to the electrical substation; believes the traffic will not be impacted by the project; and interested in volunteering to work on any committee resolving the electrical power issues.

PUBLIC SPEAKER: Bruce Maize, La Quinta – supported the project; believes it benefits the City; developer is listening and willing to adapt the project for the community; stated this is normal community growth; and the project has merit.

PUBLIC SPEAKER: Kristen Dolan, La Quinta (received donated time from resident Casey Dolan) – supports affordable housing; requested 30-day notices to neighbors; project site is surrounded by historic developments; opposed three-story height, design, density, trading increased electrical capacity for high density, impact of overflow parking, rental rates, and amendments to the General Plan.

PUBLIC SPEAKER: Bill Walker, La Quinta – opposed the project due to traffic, safety issues, no elevators, location of trash containers, noise and light pollution, the project height, fertile grounds for crime and gangs, increased need for police and fire services, and will be a financial burden on the City.
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PUBLIC SPEAKER: Sherilyn Flath, La Quinta – opposed the project due to noise from 1,000 residents, light pollution, traffic, added crime; suggested leaving the lot empty or putting in a tiny home community.

PUBLIC SPEAKER: Yolanda Gibson, La Quinta – completed a request to speak form, but was not present to speak when called upon by the Mayor – opposed.

PUBLIC SPEAKER: Juan Carlos Sanchez, La Quinta – opposed the project due to overflow parking at the baseball fields next to the project site; suggested using the project site to expand the park and changing the General Plan to allow this park expansion.

PUBLIC SPEAKER: Keith Myers, La Quinta – completed a request to speak form, but did not wish to speak when called upon by the Mayor – opposed.

PUBLIC SPEAKER: Evelyn Spraul, La Quinta – completed a request to speak form, but was not present to speak when called upon by the Mayor – opposed.

PUBLIC SPEAKER: Angie Lafferty, La Quinta – opposed the project due to global warming effects, traffic emissions; carbon-neutral buildings should be required; opposed the heat-emitting asphalt; and questioned the environmental effect of adding to the electrical substation.

PUBLIC SPEAKER: Joseph Scaccia, La Quinta (received donated time from resident Roger Garvin) – opposed the project; noted that over 400 residents have signed a petition in opposition to the project, and 100 have sent letters in opposition to the Council; opposed the location of the project, density, number of parking spaces, high rental rates, three-story buildings, disturbance of neighbors quiet and light pollution, potential for increased crime, traffic and pedestrian safety, creation of new U-turns, access to and exit from the project; believes the project will be approved despite residents’ objections because the City needs a win due to the recent failure of many proposed developments.

APPLICANT REPRESENTATIVE: Benjamin Egan, PE, PLS, Principal with Egan Civil, Inc. and Civil Engineer for the Applicant – addressed comments about the negotiations with IID regarding upgrading the power substation, issues with undergrounding power poles on the north side, and site grading changes planned.

APPLICANT REPRESENTATIVE: Elizabeth Aguilar, Job Captain, and Sherry Braun, Director of Design, with Irwin Partners Architects – clarified that elevators are not required for three-story buildings and eVac chairs will be provided; all ground floor units will meet ADA standards; AB 323 does not apply, but applies only to non-profit developments; garages are only along the north property line, no trash enclosures; the developer is willing to build block walls where needed; although the substation upgrade may take two years, it is a condition of approval so it will be done; excess parking is being provided – 295 spaces are required, yet 522 are being provided of which 126 are for guests or roommates; regarding lighting, the project will be “dark sky” compliant; raised median will be provided barring left turns into the project; per Title 24, the project will comply with all 27 Click Here to Return to Agenda
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energy efficiency mandates; each unit has a shaded balcony and window shades can be added; a hedge along Avenue 50 can be provided to shield the project from view similar to Rancho La Quinta; and solar panels will be installed on the carports.

APPLICANT REPRESENTATIVE: George Chossain, PE, MSCE, MPA, Principal Engineer with Integrated Engineering Group, and Traffic Consultants for the Applicant – commented on the traffic capacity of Avenue 50; nominal increase in traffic due to the project; the City could add a U-turn at Avenue 50 and Washington Street; options and alternatives to approaching the project; and the location does not warranted for a signal.

APPLICANT REPRESENTATIVE: Vince Whittaker, Shareholder with Buchalter Law Firm, legal counsel for the Applicant – noted the property is designated for this type of project, not a park; three City staff reports recommended approval; the project conforms with the policies and goals of the City; and low- and very low-income units do not fit this site and believes the residents would object.

Mayor Evans responded to Mr. Whittaker stating that the type of project the City envisioned for this site is not market-rate and moderate-rate apartments, but low- and very low-income units, and that relocating that intended use to another lot, north of Highway 111 with minimal amenities surrounding it, benefits the developer, not the City’s housing requirement; developer is getting a density bonus for including 74 moderate-rate units in its development of 178 market-rate units; her concern is not traffic or crime, but not including low- or very low-income units; responded to a resident’s comments regarding the City needing a win due to the recent failure of many proposed developments, and explained the varied and individual reasons each project did not go forward; and noted that Wolff Waters affordable housing complex has three-stories and is beautiful as are all of La Quinta’s affordable housing projects.

WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 2 from the residents listed below, in alphabetical order, in opposition of the proposed La Quinta Village Apartments project, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Nancy Alexander, La Quinta
 Deborah Appleboum, La Quinta
 Carolyn Brandon and Charles Ciup, La Quinta
 Gary Bullers, La Quinta
 Alena Callimanis, La Quinta
 Angela and Tim Carlson, La Quinta
 Duna La Quinta HOA (Keith Meyer, President)
 Brandon Faulk, La Quinta
 Brian Flath, La Quinta
 Joan Foster, La Quinta
 Glenna Friesen, La Quinta
 Wilbert Friesen, La Quinta
 Joe Hager, La Quinta
 Carol Herrick, La Quinta
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CITY COUNCIL MINUTES Page 11 of 14 AUGUST 1, 2023
 Leroy Holt, La Quinta
 Todd Hopkins and Gina Calhoun, La Quinta
 Tammy and Jerry Howard, La Quinta
 Joe Johnson, La Quinta
 Thomas Kenny, La Quinta
 Charlotte and Rob Leiss, La Quinta
 Kenneth Levine, La Quinta
 Eric Marzole, La Quinta
 Herbert and Louise McCabe, La Quinta
 Mary Montgomery, La Quinta
 Brad Nelson, La Quinta
 Joseph and Stacy Nemeth, La Quinta
 Malott Nyhart, La Quinta
 Ben and Kappy Olson, La Quinta
 Christine Peck, La Quinta
 Petition Letter 1 (submitted by Mary Montgomery, La Quinta)  Petition Letter 2 (submitted by Mary Montgomery, La Quinta)  Sandy Robbins, La Quinta
 Nereida, Rubalcava, La Quinta
 Esther, Sahlstram, La Quinta
 Kelly and Bob Scannell, La Quinta
 Jim Schmidt, La Quinta
 Cynthia Scotten, La Quinta
 Mike and Ellen Way, La Quinta
 Ruth Waytz, La Quinta – provided 2 sets of comments
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 9:45 P.M.

Council discussed the number of letters and emails they’ve received and read; the right of developers to bring a project forward for consideration; the Council does not have the power to dictate that private property become a park; it being incumbent upon developers to reach out to the community for feedback; concerns that the proposed architecture is not right for the site; site plan of artificial turf, DG, asphalt, rocks and a low percentage of plants is creating a heat island; parking seems adequate; plant relief on perimeter wall along Avenue 50 is needed; location is workable; workforce housing is needed in La Quinta; storage is needed for each apartment; 8-9 units to the acre may be preferable; willing to work to elevate concerns; opponents need facts and studies to convince the Council of their objections; the architecture needs work; the landscape along Avenue 50 needs to fit into the neighborhood; crime waves don’t exist in La Quinta’s affordable housing complexes; the management that maintains apartment complexes is important; the design doesn’t reflect La Quinta’s Mediterranean/Hacienda predominant architectural style; appreciate the developer’s willingness to adjust components based on comments; all developers are assessed and pay school fees to address the impact of additional students; developer should examine its ability to add a greater number of affordable units; and, suggested working with City staff to conduct a design charrette with the community. 29 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 12 of 14 AUGUST 1, 2023
City Attorney Ihrke said substantial modifications to the project require it to go back to the Planning Commission.

MAYOR EVANS DECLARED THE PUBLIC HEARING RE-OPENED AT 10:10 P.M.

APPLICANT REPRESENTATIVE: Benjamin Egan, PE, PLS, Principal with Egan Civil, Inc. and Civil Engineer for the Applicant – stated that the developer’s team has heard all the public and Council comments; the project must pencil out financially or the upgrade to the electrical substation will not be possible; no grant money is funding the project; there are certain things the project requires to be viable; things that can be addressed are items such as the architecture, the site design, landscaping; would like the opportunity to address Council concerns and incorporate suggestions and take the project back to the Planning Commission.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 10:18 P.M
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 10:25 PM WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND PEÑA PRESENT
PUBLIC SPEAKER: Kristen Dolan, La Quinta – said there was anger and frustration tonight because the applicant was combative and condescending to residents at previous meetings; and the developer has not been responsive to community or Planning Commission’s suggested revisions.

APPLICANT REPRESENTATIVE: Benjamin Egan, PE, PLS, Principal with Egan Civil, Inc. and Civil Engineer for the Applicant – proposed that the developer make some concessions to Council now to move the process forward to get approval of the General Plan amendment and the Specific Plan amendment, and then return to the Planning Commission where they could sort out the side issues, after which it may not have to come back to the Council; offered to eliminate the third story, but still need 250 units for a viable project, so would have to lose some parking; 74 moderate-income units could be retained but two market-rate units would be eliminated; and increasing the number of affordable units is not doable financially.

APPLICANT REPRESENTATIVE: Elizabeth Aguilar, Job Captain, and Sherry Braun, Director of Design, with Irwin Partners Architects – said three-story buildings can be removed, additional buildings added, and the retention basins will need to be reduced or relocated; willing to redesign the architecture in Spanish colonial hacienda style with light colors and tile roofs; and willing to eliminate the garages.

Council discussed the timing of this item to be revised by the developer, brought to community meetings, reviewed by staff, returning to Planning Commission, followed by a return to the City Council; and provided specific design and specification feedback to the developer.
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CITY COUNCIL MINUTES Page 13 of 14 AUGUST 1, 2023
PUBLIC SPEAKER: Joseph Scaccia, La Quinta – said the majority of residents have left; noted he was pleased with the modifications Council has requested of the developer, such as having only two-story buildings, Mediterranean architectural style, reduction in the total number of units, removal of artificial turf and use of drought tolerance surfaces instead, etc.; and said he will recap these changes in writing for a lot of residents and believes that residents will be supportive.

PUBLIC SPEAKER: Thomas Emison, La Quinta – asked what would replace the proposed garages which would be eliminated from the project design; Council replied the applicant indicated uncovered parking, and there will be a wall separating the project from the adjacent development.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 10:51 P.M.

MOTION – A motion was made and seconded by Councilmembers Peña/McGarrey to remand the La Quinta Village Apartments project to the Planning Commission, followed by a return to the City Council after revising the proposed project design to address the following items:
 Remove all three-story buildings;
 Add additional two-story buildings to the site for a total of 250 units;  Reduce the number of units from 252 to 250, to be comprised of 74 moderateincome units and 176 market-rate units;  Add landscaping;
 Remove artificial turf and replace with permeable ground covering instead;  Remove the proposed garages and replace with parking spaces instead; and  Change the currently proposed architectural modern style to Spanish Colonial Hacienda style to better fit with the surrounding community.

Motion passed – ayes 4, noes - 0, abstain – 0, absent – 1 (Sanchez).

DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

7. DISCUSS LA QUINTA LANDSCAPE RENOVATION PROJECT 2016-03 TO INCLUDE AN ACTIVITIES PROMENADE; LOCATION: CACTUS FLOWER

DEVELOPMENT
Management Analyst Mignogna presented the departmental report, which is on file at the Clerk’s office.

Council discussed the heat of the concrete surfaces in the summer; parking; including a drinking fountain, benches, shade, trash receptacles, perhaps remove lights and foosball, and replace pavement with permeable ground cover; crime statistics in the area; ongoing maintenance requirements; project funding from savings of Measure G allocated funds for landscaping, can be re-invested in this area; and project timing.

RIVERSIDE COUNTY SHERIFF’S DEPARTMENT SPEAKER: Lieutenant Andres Martinez – stated he will compare this area to a similar one for comparable crime 31 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 14 of 14 AUGUST 1, 2023
statistics; average 60-100 calls for service in La Quinta; 1,015 calls for service in this general area over the last three years, but it includes surrounding areas; suggests motionactivated lighting, and one-minute sprinklers; and will provide apartment complex crime data to Council in response to residents’ concerns of increased crime emanating from new apartment developments.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmembers Fitzpatrick and Peña reported on their attendance at the Cookie Co. ribbon cutting.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2023, Mayor Evans reported on her participation in the following organizations’ meeting:
 IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY

COMMISSION

ADJOURNMENT
Mayor Evans adjourned the meeting in honor of long-term pastor and fellow Rotarian, Dr.

Den Denning, who passed away on July 20, 2023.

There being no further business, a motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to adjourn this meeting at 11:11 p.m. Motion passed – ayes 4, noes - 0, abstain – 0, absent – 1 (Sanchez).

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL MINUTES Page 1 of 3 AUGUST 23, 2023

SPECIAL MEETING

CITY COUNCIL SPECIAL MEETING

MINUTES
WEDNESDAY, AUGUST 23, 2023

CALL TO ORDER
A special meeting of the La Quinta City Council was called to order at 10:00 a.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Sanchez led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed

BUSINESS SESSION

1. ADOPT RESOLUTION TO RATIFY THE PROCLAMATION OF THE EXISTENCE

OF A LOCAL EMERGENCY RELATED TO HURRICANE HILARY, AND TO

AUTHORIZE STAFF TO APPLY FOR AND RECEIVE FEDERAL AND STATE

PUBLIC ASSISTANCE
City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office.

Council commended the Acting City Managers, and all staff for the excellent response to the emergency; and discussed that appropriation of funds from emergency reserves was not needed at this time.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to adopt Resolution No. 2023-032 as recommended:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RATIFYING THE ACTING CITY MANAGER’S PROCLAMATION

OF THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO HURRICANE

HILARY, AND AUTHORIZING THE CITY MANAGER, ACTING CITY MANAGER,

AND CITY FINANCE DIRECTOR TO APPLY FOR AND RECEIVE FEDERAL

AND STATE PUBLIC ASSISTANCE, AS SPECIFIED
Motion passed unanimously.

CONSENT CALENDAR ITEM NO. 333 Click Here to Return to Agenda CITY COUNCIL MINUTES Page 2 of 3 AUGUST 23, 2023

SPECIAL MEETING
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Peña thanked staff and community volunteers for their efforts in assisting residents during the hurricane; and commended the public safety personnel who were well-prepared, responsive and helpful. Councilmember Fitzpatrick echoed Councilmember Peña’s comments.

Councilmember McGarrey thanked Coachella Valley Economic Partnership (CVEP) for donating thousands of free sandbags to Coachella Valley cities, and to staff for picking up and distributing them to residents; and asked residents not to discard used sandbags, but to store them for future use.

Mayor Evans noted that La Quinta supplied 80,000 bags and 400 tons of sand; Assemblymember Greg Wallis called in daily to check on the City, and drove around to check on roads; Congressman Calvert, who was out of the country, called Monday, 8/21/2023, to check-in and indicated that he was coordinating with the Federal Emergency Management Association (FEMA) for possible emergency funding; communications with the Desert Sands Unified School District (DSUSD) Superintendent were ongoing to identify schools that would be appropriate for shelters if needed, and possible school closure; proud of the collaboration, communication and teamwork that occurred; and resident safety and first responder access are primary during any emergency, and there were no problems with access during this emergency.

Councilmember Sanchez said it was amazing to see staff and residents helping each other.

Councilmember Fitzpatrick added that the storm alerts were not hype, there were serious consequences throughout the Coachella Valley; and there was no loss of life.

Council expressed surprise at the length of time of the Interstate 10 shutdown resulting in parts of the Coachella Valley being an island; perfect example how much the Valley needs to be prepared in case of an earthquake, flood, etc. to avoid devastation; the need for a highway bypass during emergencies; and thanks to Riverside County Sheriff’s Department there were no problems with the 911 system.

Councilmember McGarrey stated that 10 to 15 feet of earth was washed to the center/lowest point of the Valley during the storm; was impressed with the preparation efforts of staff in placing barricades, etc. ready to be deployed to address safety concerns, and the implementation of necessary road closures.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF SECTION 54956.9 OF THE GOVERNMENT CODE. NAME OF CASE: REESE v. CITY OF LA QUINTA; RIVERSIDE COUNTY SUPERIOR COURT CASE NO. CVPS2302997
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CITY COUNCIL MINUTES Page 3 of 3 AUGUST 23, 2023

SPECIAL MEETING

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF SECTION 54956.9 OF THE GOVERNMENT CODE. NAME OF CASE: BARBER v. CITY OF LA QUINTA; RIVERSIDE COUNTY SUPERIOR COURT CASE NO. CVPS2303039

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 10:18 A.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 11:21 A.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following pursuant to Government Code section 54950 et seq. (Brown Act):

CLOSED SESSION ITEM NO. 1 – Council did not take an official action, but Council requested the following summary to be reported: this case involved a residential property owner with a swimming pool, located in La Quinta; the City’s Code Compliance Division cited the property owner for failing to obtain a Short-Term Vacation Rental permit for advertising short-term use of the pool on a website platform; the City filed a demur to the complaint and prevailed in the lawsuit.

CLOSED SESSION ITEM NO. 2 – Council took the following action:

MOTION – A motion was made and seconded by Mayor Evans/Councilmember Fitzpatrick authorizing the City Attorney’s Office to seek appellate review of the decision by the Superior Court special commissioner, reversing the independent hearing officer’s decision on administrative appeal, which overruled an administrative citation issued by the City. The Adverse parties for the respective cases are identified on the Agenda, and the substance of the litigation for both cases involves citations issued for violations of the City’s Short-Term Vacation Rental program regulations pursuant to Chapter 3.25 of the La Quinta Municipal Code. Motion passed unanimously.

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Peña/Sanchez to adjourn this meeting at 11:23 a.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE AUGUST 22, 2023, PLANNING COMMISSION MEETING

RECOMMENDATION
Excuse absence of Commissioner Mary Caldwell from the August 22, 2023, Planning Commission meeting.

EXECUTIVE SUMMARY
 On July 17, 2023, Commissioner Caldwell requested to be excused from the August 22, 2023, Planning Commission meeting due to previously scheduled travel.
 Commissioner Caldwell has no excused or unexcused absences for fiscal year 2023/24.

FISCAL IMPACT
No meeting attendance compensation is paid to absent members.

BACKGROUND/ANALYSIS
Section 2.06.090 of the La Quinta Municipal Code states: “If any member of a board, commission or committee absents him or herself from two consecutive regular meetings, or absents him or herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after-the-fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above-stated limitations on absences.”

ALTERNATIVES
Council may deny this request, which would result in the absence being counted toward the Commissioner’s limitation on absences as noted above.

Prepared by: Laurie McGinley, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
CONSENT CALENDAR ITEM NO. 4
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR PERMIT TECHNICIAN IN THE CITY CLERK’S DEPARTMENT AND ADMINISTRATIVE TECHNICIAN IN THE

FINANCE DEPARTMENT TO ATTEND THE CITY CLERK'S ASSOCIATION OF CALIFORNIA “NUTS AND BOLTS” WORKSHOP IN BREA, CALIFORNIA, OCTOBER 26-27, 2023

RECOMMENDATION
Authorize overnight travel for the Permit Technician in the City Clerk’s department and Administrative Technician in the Finance department to attend the City Clerks Association of California “Nuts and Bolts” Workshop in Brea, California, October 26-27, 2023.

EXECUTIVE SUMMARY
• The “Nuts and Bolts” Workshop is an annual course offered by the City Clerk’s Association of California (CCAC) as an introduction to Clerk’s Office tasks and responsibilities, including those associated with public meetings. • This workshop will provide an opportunity for the Permit Technician and Administrative Technician to gain in-depth knowledge of laws, procedures, and best practices, in their respective roles as support staff for Council and City Boards and Commissions.

FISCAL IMPACT
Estimated expenses are $850 per attendee, which includes registration, travel, lodging, and meals. Funds are available in each department’s travel and training budgets (City Clerk Account No. 101-1005-60320 and Finance Account No. 101-1006-60320).

BACKGROUND/ANALYSIS
The CCAC offers the “Nuts and Bolts” workshop annually as an opportunity for those who work in the City Clerk’s Office or who staff public meetings to learn the requirements and obtain the skills necessary to be successful and effective in their supportive roles. This workshop is a two-day intensive training that will cover subjects such as meetings, notices, public hearings, boards, and commissions, working with your legislative body, elections, the Brown Act, Political Reform Act, Public Records Act, professional development, and a myriad of other topics.

CONSENT CALENDAR ITEM NO. 5
39 Click Here to Return to Agenda
The Permit Technician and Administrative Technician are support staff for Council and City Boards and Commissions and this workshop will provide essential training for their jobs and responsibilities.

ALTERNATIVES
Council may elect not to authorize this request.

Prepared by: Oscar Mojica, Permit Technician
Approved by: Monika Radeva, City Clerk
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MAINTENANCE AND

OPERATIONS CREW LEADER TO ATTEND YEAR ONE OF CALIFORNIA PARKS AND

RECREATION SOCIETY MAINTENANCE MANAGEMENT SCHOOL IN LAKE ARROWHEAD, CALIFORNIA, NOVEMBER 6 - 10, 2023

RECOMMENDATION
Authorize overnight travel for Maintenance and Operations Crew Leader to attend year one of California Parks and Recreation Society Maintenance Management School in Lake Arrowhead, California, November 6 – 10, 2023.

EXECUTIVE SUMMARY
• The California Parks and Recreation Society (CPRS) Maintenance Management School (MMS) provides participants with a systematic approach to resources management.
• Year-one of MMS focuses on contract and budget management, contractor communication, and best maintenance practices.

FISCAL IMPACT
Estimated cost is $1,750, which includes registration, travel, lodging, parking, and meals.

Funds are available in fiscal year (FY) 2023/24 Parks Maintenance budget (Account No. 101-3005-60320).

BACKGROUND/ANALYSIS
The CPRS MMS is a five-year program in resources management. Year-one includes budget and contract management, contractor communication, facilities maintenance, and management, and how to evaluate service levels and labor costs. The program consists of five days of intense educational and group sessions, and networking opportunities.

ALTERNATIVES
The Council may elect not to authorize this request, however, as this training provides a learning opportunity for staff to increase their knowledge of maintenance practices, this alternative is not recommended.

Prepared by: Dianne Hansen, Maintenance and Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer 41 CONSENT CALENDAR ITEM NO. 6

PULLED FROM CONSIDERATION
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE DEPUTY BUILDING

OFFICIAL, TWO SENIOR BUILDING INSPECTORS, AND ONE BUILDING INSPECTOR TO ATTEND THE CALIFORNIA BUILDING OFFICIAL’S EDUCATION WEEK IN COSTA MESA, CALIFORNIA, OCTOBER 23-26, 2023

RECOMMENDATION
Authorize overnight travel for the Deputy Building Official, two Senior Building Inspectors, and one Building Inspector to attend the California Building Official’s Education Week in Costa Mesa, California, October 23-26, 2023.

EXECUTIVE SUMMARY
 California Building Officials (CALBO) is a non-profit corporation dedicated to promoting public health and safety in building construction through responsible legislation, education, and building code development.
 The CALBO Education Week attendees will participate in educational sessions, discussions, forums and networking, and allows staff to attain their educational hours to maintain building related certifications as required by their employment.

FISCAL IMPACT
Estimated expenses are $6,100 for four attendees to attend two nights each and includes conference registration, hotel, parking, and meals. Funds are included in the Design and Development and Planning 2023/24 Travel and Training budgets (101-6001-60320 and 101-6002-60320).

BACKGROUND/ANALYSIS
The CALBO Education Week provides networking and educational opportunities for building professionals throughout California and the United States. The conference includes courses on Building Code Updates, Electrical Code Updates, Residential Codes, Residential and Commercial Inspection Fundamentals, Public Accommodations, Building Department State Laws, and more.

Staff will be able accumulate educational hours through attendance and apply them to the educational hours needed for their required building certifications/recertifications.

CONSENT CALENDAR ITEM NO. 7
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ALTERNATIVES
Council may elect to deny this request or change the number of attendees allowed.

Prepared by: AJ Ortega, Building Official
Approved by: Danny Castro, Design and Development Director 44 Click Here to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: APPROVE PURCHASE OF NEW TECHNOGYM FITNESS

EQUIPMENT FOR THE WELLNESS CENTER

RECOMMENDATION
Approve purchase of new Technogym fitness equipment for the Wellness Center.

EXECUTIVE SUMMARY
• The original Technogym cardio equipment was purchased in 2014 as part of the renovation/expansion project of the Wellness Center. • The equipment is highly utilized by fitness members, resulting in ordinary wearand-tear and a steady decline in the overall condition of the equipment. • Technogym will no longer provide extended warranty coverage for current cardio equipment and software updates are no longer available for the current models.
• Staff recommends purchasing new cardio equipment to reduce costs on parts and labor.

FISCAL IMPACT
The total cost for purchasing new Technogym fitness equipment in fiscal year (FY) 2023/24 is $120,432.25, which includes 7 treadmills, 2 rowing machines, 1 recumbent bike, and a back extension equipment piece to replace the current one in use (Attachment 1). Funds are available in the Machinery and Equipment Account (101-3002-80101) budget for FY 2023/24.

BACKGROUND/ANALYSIS
When the Wellness Center opened in January 2015, new state-of-the-art Technogym equipment was purchased to accommodate fitness gym members. Since then, the equipment has been highly utilized resulting in ordinary wear-and-tear of equipment parts, accessories, and electronics. Due to age of the equipment and heavy use, Technogym will no longer offer extended warranty coverage. Additionally, the outdated equipment models are no longer compatible with current software updates, applications, and downloadable content. The remaining fitness equipment including weight machines, ellipticals, and recumbent bikes are in satisfactory condition, however staff will continue CONSENT CALENDAR ITEM NO. 8
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to monitor and assess all equipment to ensure safe and proper function and schedule maintenance and repairs as needed. The purchase of new fitness equipment will reduce costs for parts and labor, improve the overall workout experience, and enable the City to better serve fitness members.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Michael Calderon, Management Analyst
Approved by: Christina Calderon, Community Services Deputy Director Attachment: 1. Technogym – Sales Quote
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Your Wellness Business Partner
Technogym for

CITY OF LA QUINTA
Prepared by
Tony Kowalczyk
ATTACHMENT 1 47 Click Here to Return to Agenda
Proposal: Q-00360994
Customer Code: AC-366319 www.technogym.com 2/19

CUSTOMER DETAILS
Customer name CITY OF LA QUINTA
Billing Address , 92253-2934
Contact Christina T Calderon
Telephone 17605640096
VAT Code
Fiscal Code
Customer Code AC-366319
Order Confirmation Email [email protected] Invoice Email [email protected]

DESTIONATION DETAILS
Address 78450 AVENIDA LA FONDA LA QUINTA California 92253-2934 United States Customer Code AC-366319

PROPOSAL DETAILS
Technogym Ref. Tony Kowalczyk
[email protected]
Ref # Q-00360994 / 0002533141
CITY_LA_QUINTA-Refresh2023
Proposal created on: 8/29/2023
Proposal valid until: 10/03/2023

LOGISTIC DETAILS
Pedestrian Zone No Drop off point distance to gym
(m)
Floor number of the gym Doors min Dim L x H (cm)
Suitable lift available No Ceiling min. height (cm)
Electricity available Floor protection required No
Phone contact 17605640096 Site inspection required NO
Mandatory delivery date NO Road constraints NO

PROPOSAL SUMMARY
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Proposal: Q-00360994
Customer Code: AC-366319 www.technogym.com 3/19
CARDIO

PRODUCT QTY NET AMOUNT
USD

EXCITE LIVE
RECLINE LIVE 16 P 5000 LUNAR GREY
 Model: 5000
 Console: LIVE 16
 TV Mode: ATSC + IPTV
 Power: 90-240 VAC [3]
 Color Option: LUNAR GREY
Frame: Anthracite (AN), Cover: Dark Lunar Grey (FF)
CODE: DFDU3Q3AANFPFF2U
1 4,868.50
1 x 4,868.50

EXCITE LIVE
RUN LIVE 19 P 5000 LUNAR GREY
 Model: 5000
 Console: LIVE 19
 TV Mode: ATSC + IPTV
 Power: 90-240 VAC [A]
 Color Option: LUNAR GREY
Frame: Anthracite (AN), Cover: Dark Lunar Grey (FF)
CODE: DFKUAQ3AAN00FF2U
6 46,761.00
6 x 7,793.50
TOTAL CARDIO 7 51,629.50

STRENGTH

PRODUCT QTY NET AMOUNT
USD

LOWER BACK BENCH
Aluminium - Black [35]
 Fixing Type:
 Color Option: Aluminium - Black [35]
Frame: Aluminium (ED), Cover: Graphite Grey (GG) , Upholstery: Black (V0) CODE: PA05-EDV0GG
1 1,014.00
1 x 1,014.00

SKILL LINE

PRODUCT QTY NET AMOUNT
USD
SKILLRUN 5000 LIVE 19
 Display: LIVE 19
 Color Option:

Frame: Anthracite (AN), Upholstery: [None], Cover: Anthracite Black (EA) CODE: DJJAAQ3AAN00EA2U
1 13,560.00
1 x 13,560.00

SMART EQUIPMENT
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Proposal: Q-00360994
Customer Code: AC-366319 www.technogym.com 4/19

SKILL LINE

PRODUCT QTY NET AMOUNT
USD
SKILLROW 7"
 Display: 7"
 User Connectivity: through Technogym key reader
 Color Option:

Frame: Anthracite (AN), Upholstery: Black (EA), Cover: Anthracite Black (EA) CODE: DJR0NDTANEAEANR2
2 5,184.00
2 x 2,592.00
TOTAL SKILL LINE 3 18,744.00
OTHERS

PRODUCT QTY NET AMOUNT
USD
Technogym Care Service Agreement
Technogym Care Performance -- 60 months
CODE: ATG001
1 22,137.04
1 x 22,137.04
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Proposal: Q-00360994
Customer Code: AC-366319 www.technogym.com 5/19

SOFTWARE SERVICES

PRODUCT QTY MONTHLY NET
AMOUNT
USD
Live Premium Content 60 M
CODE: ENPTS0XV0
8 40.00
TOTAL SOFTWARE SERVICES 8 40.00

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Proposal: Q-00360994
Customer Code: AC-366319 www.technogym.com 6/19

TOTAL AMOUNT
USD
______________________________________

PRODUCTS
Products
Delivery & Installation
Total
Sales TAX
Total (TAX included)
Deposit
Balance
93,524.54
16,791.99
110,316.53
7,715.71
118,032.25
22,063.31
Cheque
95,968.94
Balance before Delivery , Cheque

SOFTWARE SERVICES
Monthly amount
Payment frequency
Number of Installments
Total Installment amount
TAX
Total Installment amount (TAX Included)
Total Contract amount (TAX Included)

40.00 All Up Front
1 2,400.00

0.00 2,400.00
2,400.00
Cheque, 100% Advance Payment
_______________________________________________________________________________________________________________________________________________ Any sales tax, use tax, exercise tax, or any other tax of any nature used in the preparation of this proposal are indicative and they should not be considered final or biding.

All taxable sales and uses taxes will be computed in the invoice, reflecting the current rates at the time of the transaction

TOTAL WELLNESS SOLUTION SUMMARY
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Proposal: Q-00360994
Customer Code: AC-366319 www.technogym.com 7/19

DELIVERY TERMS
Delivery Terms: Delivered at place
Delivery week: Delivery date is intended as any working day included in the “week” starting from Monday [02/19/2024] to Friday [02/23/2024] The delivery date is binding as soon as it is confirmed by Technogym.

The delivery date cannot be earlier than “9“ weeks of the date of receipt of this signed proposal and will be binding only upon payment of the deposit, if required. Please note that the delivery date may vary during peak periods. Technogym will always communicate the final delivery date within the order confirmation. The delivery day is defined as every working day that falls within the communicated "delivery week" For ACH/Wires For CHECKs
JPMorgan Chase New York, NY 10017
Bank Routing Number: 021000021
Account Number: 593828616
Account Name: Technogym USA Corp
SWIFT Code: CHASUS33
Please send your CHECK to:

Technogym USA Corp.

PO BOX 23802
New York, NY 10087-4602
By signing this proposal the customer accepts and confirms the above contents subject to the TECHNOGYM® General Sale Terms and Conditions and/or - where applicable - the Service General Terms and Conditions and/or the MYWELLNESS® Cloud Master Subscription Agreement:

Place and Date:
___________________
Name and title:
___________________
Signature:
___________________
Images and any other figurative representation of the products included within this offer are indicative only and may contain inaccuracies. For more precise details on each product, please refer to single descriptions. 53 Click Here to Return to Agenda
Proposal: Q-00360994
Customer Code: AC-366319 www.technogym.com 8/19

INSTALL REQUIREMENTS
 MINIMUM CEILING HEIGHTS
For the below items, these include an additional 0.98 ft, the minimum recommended height for chin-up functionality:

CHIN UP LEG RAISE DIP – 9.02ft OLYMPIC HALF RACK – 8.86ft CABLE CROSSOVER – 8.86ft DUAL ADJUSTABLE PULLEY – 8.69ft KNEELING EASY CHIN DIP – 9.02ft POWER PERSONAL – 8.37ft OLYMPIC POWER RACK – 9.19ft OMNIA3 AND OMNIA8 – 8.69ft CABLE STATIONS 5 – 9.02ft UNIVERSE – 6.56ft ( -10.83ft with A0001399) SKILLUP-2.38m For the following items, consider the minimum height required during operation with an user 5.91ft tall:

RUN – 8.04ft SYNCHRO – 7.87ft STEP – 8.04ft
VARIO – 8.04ft CLIMB – 9.51ft CROSSOVER – 7.71ft
 ACCESS FOR INSTALLATION
Note that these are large items and therefore require a site visit if installed through narrow access or stairs:

DUAL ADJUSTABLE PULLEY; VARIO; ARTIS SYNCHRO; CABLE TOWER; CABLE STATIONS; LEG PRESS SELECTION/ARTIS/BIOSTRENGTH/BIOCIRCUIT; KINESIS PERSONAL; KINESIS ONE; UNIVERSE;  FOOTPRINT REQUIREMENTS
SKILLMILL, SKILLRUN, ALL TREADMILLS – in accordance with The General Product Safety Directive ISO 20957- 1:2013 & UNI EN 957-6:2014 - a clearance of 6.56 feet space behind each treadmill is required.

KINESIS ONE and KINESIS CLASS – to maximize the functional capabilities of this product a working distance of 6.56 feet is recommended.

KINESIS STATIONS – to maximize the functional capabilities of this product a working distance of 3.28 to 5.25 feet is recommended.

OMNIA3– to maximize the functional capabilities a footprint of 12.47ft (L) x 9.51ft (W) is recommended.

OMNIA8– to maximize the functional capabilities a footprint of 18.37ft (L) x 21.33ft (W) is recommended.

UNIVERSE – from 1.97 to 6.56 ft
ADJUSTABLE PULLEY REV- 1.97 ft; SKILLUP: on side 1.97 ft; front 1.97 ft; back 3.94 ft  FIXING AND SECURITY
The following products need to be fixed as specified in user manual, assembly instructions, safety information and warning stickers applied to the product.

SELECTION: Pectoral (C913) Multipower (C953, M853, M953), Chest press (C970), Crossover (M824, M924, M925), Ercolina (M828, M928, M929), Ercolina Rehab (M859, M959), Ercolina IFI (C959, D6959), Cable Jungle (M882, M982, C982), Radiant (M888, M988), Radiant IFI (C988)
ELEMENT: Ercolina (MA80, MB80), Ercolina Rehab (MA90, MB90), Ercolina MED (MB92), Multipower (MA83, MB83), Crossover Cables (MA85, MB85), Dual Adjustable Pulley (MB43, MB44) CABLE STATIONS: Cable tower (MB89), Crossover Cables (MB93) KINESIS STATIONS: Overhead Press (MH15, MH1A), Press (MH20, MH2A), High Pull (MH30, MH3A), Core Station (MH65, MH4A), Step/Squat (MH67, MH5A), Low Pull (MH95, MH6A) OMNIA: Omnia8 (MJ05), Omnia3 (MJ10, MJ15, MJ20)
PERSONAL: Kinesis Personal (MD051, MD052, MD053), Rack Personal (A0000874) MY TOOLS: (A0000978, A0000979, A0000986, A0001014-*) Arke (A0000573) UNIVERSE Dual Adjustable Pulley (MPC), Half Rack (MPD), Standard column (A0001360, A0001464), Flywheel column (A0001361, A0001466) Upper-Lower Wall set (A0001363, A0001365); Frame (MP120*, MP130*, MP240*, MP250*, MP310*, MP320*, MP340*, MP350*, MP440*, MP460*, MP660*, MP670*) BIOSTRENGHT REV: Adjustable Pulley (MM97, MM98); SKILL LINE: Skillup (DJAAND0) LIFTING PLATFORMS – install only on a firm, flat surface. Do not install on a soft or floating surface Technogym accepts no liability for injuries or otherwise to any person/s or good/s resulting from insecurity of the machines which are not installed and used in compliance with the user manual, Assembly Instructions, any additional safety information and warning stickers.
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Proposal: Q-00360994
Customer Code: AC-366319 www.technogym.com 9/19
REQUIREMENTS AND GUIDELINES FOR THE CUSTOMER RELATED TO IT INFRASTRUCTURE *  GENERAL REQUIREMENTS

1. Use a specific Internet connection for Technogym equipment

2. If possible, connect the Technogym equipment preferably via cable

3. Do not use a server proxy to connect the Technogym equipment

4. If possible use the DHCP method to assign the IP address

5. Install the Wi-Fi access point in the same room where the equipment is located

6. Do not disable the list of DNS names supplied by Technogym  LIVE EXCITE/ARTIS/PERSONAL, SKILLRUN and UNITY SELF KIOSK

1. Supported Wi-Fi standards: IEEE 802.11a/b/g/n - 2,4 GHz and 5 GHz

2. LIVE with 10 inch display are compatible only with Wi-Fi networks, with Wireless standards IEEE 802.11 a,b,g,n - 2.4Ghz, 5 Ghz

3. The bandwidth requirements depend on the number and type of applications that can be configured by the "TECHNOGYM APP STORE” UNITY
NETWORK / INTERNET - Bandwidth
requirements
5 devices 10 devices 20 devices 40 devices 60 devices 100 devices Downl. Upl. Downl. Upl. Downl. Upl. Downl. Upl. Downl. Upl. Downl. Upl.

WORKOUT ONLY - MINIMUM requirements
(workout only, no App installed e.g. 10"
display)
>2Mbps >512Kbps >5Mbps >512Kbps >7Mbps >1Mbps >10Mbps >1Mbps >16Mbps >2Mbps >20Mbps >2Mbps

WITHOUT STREAMING VIDEO -MINIMUM
requirements
(working, monitoring, searches, no streaming
video)
>2Mbps >512Kbps >5Mbps >512Kbps >7Mbps >1Mbps >10Mbps >1Mbps >16Mbps >2Mbps >20Mbps >2Mbps

STREAMING VIDEO -MINIMUM
requirements
(including streaming video, for example,
YouTube)
>5Mbps >512Kbps >7Mbps >512Kbps >10Mbps >1Mbps >20Mbps >1Mbps >30Mbps >2Mbps >50Mbps >2Mbps  TECHNOGYM BIKE/TECHNOGYM RIDE

1. TECHNOGYM BIKE and TECHNOGYM RIDE only support Wi-Fi networks and require a bandwidth of at least 10 Mbps for the streaming of video content.

2. Supported Wi-Fi standards: IEEE 802.11a/b/g/n - 2.4 GHz and 5 GHz  UNITY MINI

1. UNITY MINI supports only Wi-Fi networks and requires a bandwidth only for workout data.

2. Supported Wi-Fi standards: IEEE 802.11a/b/g/n - 2.4 GHz and 5 GHz UNITY MINI – Wi-Fi only
NETWORK / INTERNET - Bandwidth
requirements
5 devices 10 devices 20 devices 40 devices 60 devices 100 devices Downl. Upl. Downl. Upl. Downl. Upl. Downl. Upl. Downl. Upl. Downl. Upl.

MINIMUM requirements >1Mbps >512Kbps >1Mbps >512Kbps >2Mbps >1Mbps >3Mbps >1Mbps >4Mbps >2Mbps >4Mbps >2Mbps  TEAMBEATS (SKILLX – SKILLATHLETIC), GROUP CYCLE, SKILLROW, SKILLMILL, SKILLBIKE

1. Technogym equipment can be used with two configurations: for classes or as an individual device.

NETWORK / INTERNET - Bandwidth requirements 50 devices 100 devices 200 devices Downl. Upl. Downl. Upl. Downl. Upl.

ONLY EQUIPMENT - MINIMUM requirements (equipment connected directly to the MyWellness cloud) >1Mbps >1Mbps >2Mbps >2Mbps >4Mbps >4Mbps DIGITAL CLASS - MINIMUM requirements (equipment connected directly to UNITY SELF) >0.5Mbps >0.5Mbps >1Mbps >1Mbps >2Mbps >2Mbps

2. If present, it is recommended to connect UNITY SELF to the Internet via a cable

3. GROUP CYCLE, SKILLROW, SKILLMILL are compatible only with Wi-Fi networks and with Wireless standards IEEE 802.11 b,g,n - 2.4Ghz

4. SKILLBIKES are compatible only with Wi-Fi networks and with Wireless standards IEEE 802.11 a,b,g,n - 2.4Ghz, 5 Ghz

5. All equipment and UNITY SELF must be connected to the same network (subnet)  SKILLRUN CLASS

1. It is strongly recommended to use a completely cabled network both for connecting the machines as well as UNITY SELF. If it is not possible to use a cabled network it must always be ensured that UNITY SELF is connected via an Ethernet cable and the rest of the machines are connected wirelessly in compliance with the requirements in point 2.

2. If the machines connected wirelessly, the supported Wi-Fi standards are: IEEE 802.11a/b/g/n - 2.4 GHz and 5 GHz. It is mandatory to use a professional dedicated single Access Point for each SKILLRUN CLASS, a single and non-hidden SSID (Service Set Identifier);

3. Internet band compliant with the following table
NETWORK / INTERNET - Bandwidth requirements 10 devices 20 devices 50 devices Downl. Upl. Downl. Upl. Downl. Upl.

MINIMUM requirements (equipment connected directly to the MyWellness cloud) >5Mbps >512Kbps >7Mbps >1Mbps >16Mbps >2Mbps  BIOCIRCUIT/BIOSTRENGTH/BIOSTRENGTH REV
For proper operation of the Biocircuit/Biostrength/Biostrength Rev, it is essential that a data network is installed that complies with the following requirements:

1. It is strongly recommended to use a completely cabled network both for connecting the machines as well as UNITY SELF BIOCIRCUIT. If it is not possible to use a cabled network it must always be ensured that UNITY SELF is connected via an Ethernet cable and the rest of the machines are connected wirelessly in compliance with the requirements in point 3.

2. The Biocircuit data network must be dedicated to it. Dedicated data networks indicate that only the machines and the UNITY SELF of the circuit are connected to the network devices (dedicated switch, isolated IP class, dedicated Access Point if necessary)

3. If the machines connected wirelessly, the supported Wi-Fi standards are: IEEE 802.11a/b/g/n - 2.4 GHz and 5 GHz (recommended). It is mandatory to use a professional dedicated single Access Point for each BIOCIRCUIT/BIOSTRENGTH/BIOSTRENGHT REV, a single and non-hidden SSID (Service Set Identifier);

4. Internet band compliant with the following table
NETWORK / INTERNET - Bandwidth requirements 5 devices 10 devices 20 devices Downl. Upl. Downl. Upl. Downl. Upl.

MINIMUM requirements (equipment connected directly to the MyWellness cloud) >2Mbps >512Kbps >5Mbps >512Kbps >7Mbps >1Mbps * FOR FURTHER TECHNICAL DETAILS, CONTACT TECHNOGYM TECHNICAL SUPPORT AT THE NUMBER: 855-426-0421 55 Click Here to Return to Agenda
Proposal: Q-00360994
Customer Code: AC-366319 www.technogym.com 10/19

GENERAL TERMS & CONDITIONS FOR SALES OF PRODUCTS AND PROVISION OF SERVICES

1. AGREEMENT, DEFINITIONS:

Unless a written agreement is executed between any customer (“Customer”) and TECHNOGYM USA CORP. (directly or through any of its Affiliates) (“Seller” or “Technogym”), any purchase order covering the sale of the goods manufactured and/or commercialized by the Seller (“Goods”) as described in the relevant purchase order to which these General Conditions are attached, and identified by the Technogym® trademark and/or by the other trademarks owned by the Seller or by its Affiliates (“Trademarks”) will be governed solely by these General Terms & Conditions (“Condition of Sale”). These Condition of Sale will replace in full the general terms & conditions of purchase issued by the Customer, even if not expressly objected to by Technogym, and will govern any future sale of Goods between the Seller and the Customer, even if concluded orally, by letter, by means of other printed forms or otherwise. Any and all amendments of these Condition of Sale shall result from a written agreement between the Seller and the Customer, duly signed. The description of Goods can be found in the Technogym® catalogue in force at the day of issuance of the purchase order. In case of inconsistency, these Condition of Sale will prevail on the provisions provided by the purchase order and/or on any other document that may be issued by the Customer.

For the purpose hereof, “Affiliates” shall mean parents, subsidiaries, partnership, joint ventures and any entity(ies) that directly or indirectly controls or is controlled by a party or which a party shares common control. A party “controls” another entity when the party, through ownership of the voting stock or other ownership interest of that entity, or by contract or otherwise, has the power to direct its management.

2. GOODS
Good(s) may be:
(i) new equipment for physical activities and wellness lifestyle bearing one of the Trademarks; (ii) used equipment for physical activities and wellness lifestyle refurbished by Technogym (“Technogym Refurbished”); (iii) hardware products manufactured by third parties and sold by the Seller; (iv) spare parts of the Goods sold by the Seller;
(v) any other good or service provided by the Seller.

Such Goods shall be identified in the relevant purchase order and in the order confirmation issued by the Seller. The Customer acknowledges and accepts that the Goods may have an internet connection and may transfer automatically their data to a database managed by the Seller through a software for the Equipment Asset Management ("EAM"). The deactivation of the EAM may be charged to the Customer. In case the Goods identified in the purchase order are (a) a complete software or a software update, or the provision of web services supplied by the Seller or (b) the provision of services supplied by the Seller through its subcontractors, the agreement between the Seller and the Customer may also be governed (i) by any terms and conditions of subscription or license, or (ii) by any terms and conditions of services which the Seller shall propose to the Customer for acceptance at the time of the issuance of the purchase order and that form substantial and integral part of these Condition of Sale. In case of any inconsistency between these Condition of Sale and any other Seller’s contractual document, the latter shall prevail only with reference to the software products, web-based services and any other service supplied by the Seller.

3. PURCHASE ORDER
The purchase order ("Purchase Order") that the Customer may send to the Seller shall constitute a binding proposal for a period of 6 (six) months starting from the date of receipt by the Seller of such Purchase Order. Within such period, the Seller shall have the right to accept said proposal by sending a written order confirmation ("Order Confirmation") or refuse, including the date of delivery of Goods (“Confirmed Delivery Date”). The contract shall be deemed to be executed even without the issuance of the Order Confirmation by the Seller, through the execution of the Purchase Order by means of delivery of the Goods to the Customer, or to the carrier possibly appointed, within the same period of 6 (six) months.

In the event that the Order Confirmation is not consistent with the Purchase Order, for what concerns elements other than object, quantity, price and Goods return terms, it shall be deemed as accepted by the Customer if the Customer does not notify in writing a claim to the Seller within the 8 (eight) days following the delivery of the Order Confirmation.

The Customer shall have the right to request a total or partial variation of the Goods under the Purchase Order no later than 24 (twenty-four) hours from receipt of the Order Confirmation. Once this term is expired, the Purchase Order shall no longer be modifiable, unless agreed in writing between the parties. The Seller reserves the right to accept or refuse the request for modification received from the Customer within the above term by sending the relative written confirmation.

4. RIGHT TO SUSPEND THE ORDER EXECUTION. TERMINATION
The Seller reserves the right (a) to suspend or cancel the execution of the Purchase Order, even if already confirmed by the Seller, or (b) to deliver the Goods to the Customer only upon receipt of the full advance payment of the price and of any other amount which might be due by the Customer to the Seller or upon the issuance and provision of appropriate guarantees, in case of (i) non-fulfilment or delays by the Customer, regarding both previous orders and those under execution, or (ii) changes regarding the person/legal entity of the Customer, its structure or in case of change of control, its financial situation or its reputation, as well as in case of protesting of bills, pending executive proceedings and preliminary injunctions, suspensions, difficulties or delays in the fulfilment of its obligations towards third parties; and (iii) in case the Customer become insolvent, files a petition of bankruptcy, or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganisation or assignment for the benefit of creditors. All deliveries of Goods suspended for the above-mentioned reasons and/or subject to the conditions indicated above shall be postponed to the first available date as determined by the Seller at its sole and exclusive discretion. Should the situation which caused the suspension last more than 3 (three) months, the Seller shall have the right to fully or partially terminate the agreement.

5. RETENTION OF TITLE
Notwithstanding the provision of the following art. 6, with reference to the delivery and transfer of risks, the Goods shall remain property of the Seller until full payment of any amount due by the Customer under the Purchase Order, including any default interest and any expense incurred by the Seller for the recovery of the credit. The Customer undertakes to notify the Seller any action for the repossession of the Goods eventually requested by any third party on the Goods not fully paid by the Customer. Such notice shall be executed in due time in order to allow the Seller to take action against any third party, without any prejudice to the Customer’s liability in case of actions by the third party which may affect the Seller’s rights.

Should the Customer be subject to any insolvency proceedings, the Customer undertakes to allow the Seller to get back the Goods without any prior notice and undertakes to allow the Seller to access its warehouses, bearing all the expenses related to the collection of the Goods.

The Customer shall refrain from engaging in any activity or behaviour that could prevent the Seller from identifying and recovering the property on the Goods as a consequence of the provisions of this article on the retention of title and shall enter into all the necessary insurance policies to hold the Seller indemnified against any possible damage to the Goods or to third parties.

6. FREIGHT AND INSTALLATION OF GOODS
The Goods shall be delivered by the Seller on "Ex Works" (Incoterms 2020) basis at the Seller’s warehouse. Notwithstanding the "Incoterms 2020" rules, the freight and installation may be organised by the Seller, but at the Customer’s expenses, without prejudice for any other Incoterm 2020 rule concerning the “Ex Works” term and, thus, the Customer shall bear all the costs and risks of loss or damage to the Goods, from the moment in which the Seller made the Goods available to the carrier at its premises, without any obligation for the Seller to load the Goods on the vehicle.

Freight and installation are intended only for the USA territory only. For freight and installation to be performed outside the above-mentioned territories, the Parties shall enter into specific written agreements. It is understood that the freight and installation additional costs, not calculated in the Order Confirmation, if necessary for deliveries to be made in extra-urban and/or not easily accessible areas, or during non-working time and days, shall be communicated to the Customer and shall remain at the Customer's sole charge.

The Seller may, freely and without exception, use subcontractors for the performance of the delivery service and freight and/or installation services and/or of any other service described in the Purchase Order.

7. DELIVERY TERMS
The delivery terms specified in the Purchase Order, in the Order Confirmation, or anywhere else, must be considered merely indicative and not essential. The Seller, thus, has the right to reasonably anticipate or postpone the Confirmed Delivery Date of the Goods, in full or in part, and such anticipation or postponement cannot be considered as a cause for the termination of the agreement by the Customer, nor the right to claim any compensation, restoration or damages, or a cause for claiming the liability of the Seller, unless the anticipation or postponement of the Confirmed Delivery Date is higher than 4 (four) weeks. In such latter case, should the Customer notify in writing not to be interested any more in the purchase, the Seller shall not deliver the Goods and it shall pay back the down payment paid by the Customer to the Seller.

Without prejudice to Article 3 above, if on the Confirmed Delivery Date Customer is unable to receive the Goods due to unavailability of its premises or for any reasons beyond Seller's control, resulting in Seller’s inability to make the immediate installation of the Goods, Customer shall indicate to Seller a location where the purchased Goods may, however, be delivered. In this case, installation of the said Goods may take place on a date subsequent to the delivery date, to be agreed with Seller, without prejudice to the application of Article 9 of these Conditions of Sale. The Seller shall have the right to charge any transport costs from the location where Goods have been delivered and the final destination to the Customer.

The Customer may request to postpone the Confirmed Delivery Date by informing the Seller in writing about the new delivery date subject to the condition that such request is made: as for orders to be delivered in Europe, at least 6 (six) weeks before the Confirmed Delivery Date; as for orders to be delivered outside Europe, at least 12 (twelve) weeks before the Confirmed Delivery Date. The delivery can be postponed only once and up to a maximum of 4 (four) months from the original Confirmed Delivery Date. For the first 4 (four) weeks of delay running from the Confirmed Delivery Date, it shall not be applied any sanction against the Customer (the “Grace Period”). Any delay(s) subsequent to the Grace Period shall be treated as follows: (a) if the delay is between 4 (four) and 16 (sixteen) weeks from the Confirmed Delivery Date, the Seller reserves the right to apply a delay liquidated damage equal to 0.5% (zero point five per cent) of the overall amount of the Purchase Order for each week of postponement of the delivery (except for the Grace Period); (b) if the delay is equal to 16 (sixteen) weeks from the Confirmed Delivery Date, the Seller reserves the right to (i) deliver Goods to the warehouse communicated by the Customer and invoice the relevant cost or (ii) cancel the Purchase Order and retain the down payment. In case no down-payment has been paid by the Customer, the latter shall pay an amount equal to 20% (twenty per cent) of overall amount of the Purchase Order as cancellation fee, with no right to claim for damages.

Should a new price list be announced between the Order Confirmation and the delivery date, the new price list shall be applied only after 6 (six) months for delivery in Europe and 8 (eight) months for delivery overseas running from the date of the Order Confirmation.

8. FORCE MAJEURE EVENT
The Seller shall not be liable for any failure to meet its obligations, including delays in the delivery, beyond its reasonable control including, but not limited to: government embargoes or any other government acts that interfere with performance, seizure or freeze of assets, delays or refusal to grant an export license or the suspension or revocation thereof, wars, natural disasters, lockouts, shortages of raw materials or 56 Click Here to Return to Agenda
Proposal: Q-00360994
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electricity, mechanical breakdowns, interruption of rail services, shortages of road or rail transport vehicles and other disturbances in the company's operations, non-fulfilments by third parties of their obligations, strikes, public policy measures, epidemic and/or pandemic . The due date of any performance affected by such an event will be extended by the period of time the Seller is actually delayed and shall not give rise to compensation for damages or to termination, even partial, of the agreement. If the inability to perform continues for more than ninety (90) calendar days, either party may terminate the agreement and cancel the relevant Purchase Order by providing written notice to the other party.

9. LIMITED WARRANTY
The warranty of the Seller is limited to the replacement or repair, at the Seller’s sole discretion, of the parts of the Goods that may be affected by original defects, either physical or related to the manufacture, and the Customer, for this reason, waives any claim for the termination of the agreement or for a price reduction.

The Goods are covered by a warranty of 12 (twelve) months from the Confirmed Delivery Date and by a further conventional warranty period of additional 12 (twelve) months (i.e. second year starting from the Confirmed Delivery Date), during which calls for assistance by Customer will be charged for a fixed fee including labour and travel costs, being the spare parts free of charge, with the sole exception of the parts subject to wear and tear (such as - but not limited to - treadmill rubber and tapes). The Seller will not be liable under this warranty if Goods have been exposed or subjected to any: (i) installation by unauthorized third parties, (ii) positioning of the Goods in outdoor locations or in humid areas, (iii) refusal of returning Goods and/or spare parts of the components of the replaced Goods, and (iv) defects, damages and flews deriving from improper usage and/or maintenance and/or not in compliance with the instructions given in the handbook or installation guide or any other instructions delivered to the Customer with Goods and including the instructions for the right use and maintenance. This provision applies also in case of installation of the Goods executed by the Customer itself, or by third parties not previously authorized by the Seller.

Any intervention performed under the warranty shall be performed by the Seller only within the United States territory and shall be limited to the restoration of the functioning of the Goods including the replacement, free of charge, of any defective parts of the Goods, unless the Seller, at its own discretion, deems more appropriate the integral replacement of the Good. In any case, the Seller represents and warrants that it will perform the interventions under the warranty for Goods located outside the territory of United States charging the related costs (including shipping charges, duties, taxes and any other charge) to the Customer, with an advanced reimbursement obligation on the Customer. The Seller represents and warrants the conformity of the Goods to any mandatory security standard provided for by any applicable law and regulation in force in the United States. The handbook related to the instructions for the use and installation of the Goods may be supplied by the Seller on any electronic or computer device; in such case, the Customer may also request, free of charge, a paper copy of the above-mentioned handbook, by sending a written request to the Seller’s Customer Service.

With regard to the Technogym™ Refurbished Goods sub Article 2 (ii), the Seller furthermore represents that they comply with the laws in force in the year of manufacture of such Goods, regardless of the date of re-introduction in the market as a used product. The warranty for the Technogym™ Refurbished Goods is 18 (eighteen) months starting from the Confirmed Delivery Date, being understood that starting from the thirteenth month, any travel and labour costs will be borne by the Customer and the assistance calls will be charged for a fixed call fee. The Seller, moreover, declares that the “Home” and “Consumer” Goods were conceived so as to limit their weight and amount of space, guaranteeing at the same time easy handling and use, so as to make its positioning easier, as well as its use within domestic environments and its management with a non-intense use (the use of the above Goods in hotels, private houses and corporate shall not be considered intense); for these reasons the warranty of such Goods is not valid if they are used within fitness centers, or anyway used for a professional purpose.

In case of failure of payment by the Customer of the price of the Goods, the Seller may refuse the performance of the conventional warranties, the performance of which has been requested by the Customer, and in such cases, the supply of any spare parts may take place only upon full advance payment by the Customer or by mean of cash on delivery.

Should the Customer require an intervention which is later found not to be justified by a real functioning issue of the Goods, or anyway by a problem which is not caused by the Seller, the Seller shall have the right to charge the Customer with the costs of the call, even if the Good is covered by the warranty.

With regard to spare parts which are produced by the Seller, the warranty given by the Seller is valid for 12 (twelve) months from the Confirmed Delivery Date. With regard to spare parts produced by third parties, and only commercialized by the Seller, the warranty shall be given by the manufacturer itself of such Goods and it shall be the one provided and described in the documents associated with such Goods.

10. COMPLAINTS. LIMITATION PERIOD AND PROHIBITION OF COMPENSATION Any claim for defects, failures, flews of the Goods shall be communicated within 8 (eight) calendar days from the delivery of the Goods, subject to the limitation period, by registered letter with return receipt and/or communication to be sent by certified e-mail to the address: ([email protected]). The existence of pending claim cannot justify any delay or suspension, in full or partially, of any due payment. The Customer shall not be entitled to make a claim to the Seller for the compensation of whatsoever credit that it may have towards the Seller.

11. PRICE AND PAYMENTS TERMS
The price of the Goods is the one indicated in the Order Confirmation (“Price”).

The Price shall be paid by the Customer according to the following payment terms: (i) down-payment equal to 20% (twenty per cent) of the Price upon confirmation of the Purchase Order; (ii) the remaining part of the Price by the Confirmed Delivery Date of the Goods, regardless of the of the date of installation of the Goods at the premises indicated by the Customer, including the case provided for in Article 6 above. In case of non-fulfilment of its obligations by the Customer, the Seller retains the down payment as a compensation for damages. Should the down payment not be made by the Customer, the Seller shall have the right to consider the Purchase Order as null and void.

All the payments must be made without set-off, counterclaim, withholding or other deduction.

All payments shall be made by the Customer only by bank transfer to the following bank:

In order to avoid any attempt of fraud by third parties, in no case will the Customer be requested to pay the Price to a bank account other than those indicated above. In the light of the foregoing, the Customer who makes payment through a bank account other than those indicated above shall not be released from payment of the Price to the Seller.

In case of delay of payment or non-fulfilment of the payment of even one instalment of the price, interests of delay shall apply, in the Euribor rate of three months/365, increased of 6 (six per cent) percentage points, or the highest interest rate applicable according to law, without prejudice to any greater damage that may be suffered by the Seller. The Seller, in such case, shall have the right to accelerate all the remaining payments scheduled and declare the total outstanding balance then due and owing and/or terminate the agreement within the limits provided by law, without prejudice for the compensation of any further damage.

The Goods may be equipped with a software allowing the Seller to prevent their usage in case of delayed or failed payment of the price by the Customer, so as to safeguard the retention of title provided by Article

5. In case of payment of the Price through instalments paid by credit card, through payment networks and methods expressly authorised by the Seller, the Customer shall, as an essential condition, fill in and sign a specific form which shall be made available by the Seller. In case of failure to do so, the Seller shall consider the Purchase Order as ineffective. The failure of the Customer to pay the Price (even only one instalment), or the failure to pay the part of the Price due after the delivery of the Goods, shall allow the Seller to prevent the use of the Goods through the activation of the software or to request the immediate return of the Goods and/or to suspend the performance of services until the receipt of the payment due (including interests for the delay and the expenses incurred by the Seller for the recovery of the credit). No claim for compensation based on the assumption of the impossibility to use the Goods due to the interruption of the use and/or suspension of the supply of the services may be carried out by the Customer.

In case of financial leasing, the Purchase Order of the financial leasing company shall be sent to the Seller at least 15 (fifteen) days before the expected date for the delivery of the Goods, together with all the documents related to the financial leasing agreement. Should such documentation be sent to the Seller after the above-mentioned term, the Confirmed Delivery Date may be postponed as a consequence. In case of failure to present the documentation due for the payment by means of the financial leasing, the Seller shall have the right to consider the order as ineffective or claim the performance of the agreement by the final Customer.

12. PROHIBITION OF PURCHASE ORDER ASSIGNEMNT. PRIOR AUTHORIZATION IN CASE OF SUBCONTRACT The Customer shall not transfer or assign, in whole or in part, the Purchase Order without the prior written consent of the Seller; in case of breach of such obligation by the Customer, the Seller shall have the right to terminate the agreement, without prejudice to the compensation of any further damage that may be suffered by the Seller.

13. TRADEMARKS AND INTELLECTUAL PROPERTY
The Customer acknowledges that the Seller and/or its Affiliates, is the owner of the Trademarks. Therefore, the Customer shall not reproduce or use in any way the Trademarks and other distinctive signs on the Goods, without the prior written consent of Seller or the holder of the related intellectual property rights. The Customer shall not remove, cancel or alter the Trademarks and/or whatsoever label or logo on the Goods, as well as not put on the Goods whatsoever new brand, label or distinctive sign. Any violation of its own intellectual property rights will be prosecuted by the Seller.

In case the Customer exposes or gives visibility to the Goods, the Customer undertakes to show an image of the Goods and the Trademarks consistent with the marketing strategy of the Seller and shall refrain from sharing news and information which may cause damages to the Seller’s reputation.

Any intellectual property rights on the Goods (and future modifications and variations made on Goods) are and shall vest only in Technogym or its licensors. 57 Click Here to Return to Agenda
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Certain Goods may include software; with respect to any such software the Seller grant to the final end-user a non-exclusive, non-transferable limited license, without the right to sub license. The Customer may not directly or indirectly make any efforts to deconstruct the software provided, included but not limited to translating, disassembling, reverse engineering or performing any other operation to obtain any portion of its content.

14. PATENT AND COPYRIGHT INFRINGMENT INDEMNIFICATION
Technogym will have no obligation or liability with respect to: (i) Goods used other than for their ordinary purposes, (ii9 claims of infringements resulting from combining any Goods furnished by the Seller with any article not furnished by Technogym, or (iii) any modification of the Goods other than a modification by the Seller.

Notwithstanding the foregoing, the Customer shall indemnify and hold Technogym harmless from any claim, loss, damage, suit, liability, fees or expenses (reasonable attorney’s fees) which may be suffered by Technogym on account of (i) the modified Goods which become infringing as a consequence of Customer’s modification, (ii) the use of the Goods in infringing combination or systems and (iii) the use of Goods in association with third parties’ trademarks or distinctive signs.

15. PROCESSING OF PERSONAL DATA
According to the applicable laws in terms of personal data processing, the Seller informs the Purchaser that any personal data will be processed according to the Technogym privacy policy available as a link in the footer of the Technogym website at www.technogym.com

16. HEALTH AND SAFETY AT WORK
The Customer undertakes to take any measure necessary to grant the Goods’ safety and to prevent any risk to health and physical integrity, when they are used, installed, cleaned or during a maintenance work.

The Customer undertakes to give the Seller any measure and information regarding any risk in order to guarantee that the installation of the Goods is in compliance with the applicable health and safety at work laws and regulations, with reference to the areas of work used by the Customer to carry out the installation services, (ii) and is safe and not generating risks for the health of the personnel involved in the installation process. For this purpose, the Customer shall hold the Seller harmless from any responsibility, regarding damages to things or people, which might take place in connection with the installation process, unless in case of wilful misconduct or gross negligence of the Seller or of its subcontractors. The Customer undertakes to enter insurance policies to cover the risks of civil liability in relation to any accident that may happen to the Seller’s employees or to its subcontractors’ employees during the performance of the installation of the Goods.

17. RIGHT TO ACCESS
The Customer shall guarantee the Seller and/or its subcontractors, free and timely access to the premises and/or sites where the installation services must be performed. In case of failure by the Customer to grant the access or in case of delays, caused or attributable to the Seller, the Customer shall pay the price of any unperformed activity and any other costs and expenses incurred by the Seller in connection with the nonperformance of the services, without prejudice to the compensation of any further damage that may be suffered by the Seller.

18. TRACEABILITY. RECALL OF THE GOODS
In case the Customer re-sells the Goods to third parties, the Customer itself shall guarantee the full traceability of such Goods and, should the Goods be recalled, either mandatory or voluntary, due to serial defects, the Customer shall fully collaborate with the Seller, and comply with any other decision or action that the Seller may take.

19. LIMITATION OF LIABILITY

EXCEPT AS PROVIDED BY LAW AND IN CASE OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT TECHNOGYM SHALL BE LIABLE TO CUSTOMER OR THIRD PARTIES FOR ANY LOSS OF USE,

REVENUES OR PROFIT, LOSS OF ANY PERSONAL DATA OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT,

TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT AND WHETHER OR NOT TECHNOGYM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TECHNOGYM AGRREGATE LIABILITY ARISING OUT OF OR

RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT PAID TO TECHNOGYM FOR THE GOODS SOLD HEREUNDER WHICH ORIGINATED THE CLAIM OR DAMAGE.

TECHNOGYM SHALL HAVE NO LIABILITY FOR WHATSOEVER DAMAGE TO PROPERTY AND/OR PERSONS ARISING OR DERIVING FROM THE USE OF THE GOODS NOT IN ACCORDANCE WITH THE

INSTRUCTIONS SPECIFIED IN THE HANDBOOK, AND IN ANY OTHER DOCUMENT OR WARNING ASSOCIATED WITH THE GOODS OR FOR ANY DAMAGE ARISING FROM THE USE OF GOODS NOT FIXED TO THE

GROUND (OR ON THE WALL OR ON THE CEILING) IN ACCORDANCE WITH THE PROVISIONS IN THE HANDBOOK AND/OR IN ANY OTHER DOCUMENT OR WARNING SUPPLIED TOGETHER WITH THE GOODS, AS

WELL AS IN RELATION TO ANY DAMAGE TO PROPERTY AND/OR PERSONS ARISING FROM THE EXECUTION OF DELIVERY, FREIGHT AND/OR INSTALLATION ACTIVITIES AND/OR THE EXECUTION OF ANY OTHER SERVICE DESCRIBED IN THE PURCHASE ORDER AND PERFORMED BY SUBCONTRACTORS OF THE SELLER. TECHNOGVYM SHALL HAVE NO LIABILITY FOR ANY DAMAGE ARISING FROM THE USE OF THE GOODS BY PEOPLE IN NO GOOD PHYSICAL CONDITIONS; BEING AN OBLIGATION OF THE USER TO OF THE GOODS TO VERIFY IN ADVANCE THE COMPATIBILITY BETWEEN HIS/HER HEALTH STATUS AND THE USE OF THE GOODS. THE SELLER SHALL EXPRESSLY INVITE ANY USER OF THE GOODS CAREFULLY READ THE HANDBOOK BEFORE USING THE GOODS AND TO COMPLY WITH THE INSTRUCTIONS AND SAFETY RULES DESCRIBED IN THE HANDBOOK.

THE PERSONAL TRAINING SERVICES SHALL BE PROVIDED ONLY WITH REGARD TO THE PSYCHOLOGICAL AND PHYSICAL CONDITIONS INDICATED FROM TIME TO TIME BY THE FINAL USERS OF SUCH SERVICES; THEREFORE, THE CUSTOMER UNDERTAKES TO CAUSE THAT THE FINAL USERS OF THE PERSONAL TRAINING SERVICES PROVIDE IN ADVANCE A MEDICAL CERTIFICATE ASSESSING THEIR GOOD HEALTH STATUS VALID FOR THE CURRENT YEAR AND SHALL HOLD HARMLESS TECHNOGYM FROM ANY KIND OF LIABILITY RELATED TO THEIR HEALTH STATUS. TECHNOGYM MAY SUSPEND THE SUPPLY OF

PERSONAL TRAINING SERVICES IN THE EVENT THAT THE FINAL USERS OF THE PERSONAL TRAINING SERVICES IS IN NO GOOD HEALTH CONDITION OR HAVE NOT NOTIFIED ANY CHANGES IN THEIR HEALTH STATUS. TECHNOGYM DOES NOT CARRY OUT MEDICAL ACTIVITY AND THEREFORE SHALL HAVE NO LIABILITY IN RELATION TO THE VERIFICATION OF THE HEALTH STATUS OF THE ABOVE-MENTIONED INDIVIDUALS.

20. APPLICABLE LAW. EXCLUSIVE JURISDICTION
These Condition of Sale, as well as the contracts entered into between the Seller and the Customer following the Purchase Order, shall be governed by and construed in accordance with the laws of the state of New York, exclusive of any conflict of law provisions.

The Parties expressly exclude the application of the United Nations Convention on contracts for the international sale of goods (1980). Any dispute arising between the Seller and the Customer, either referred to these Condition of Sale or to any other contract the Parties may have executed, Any dispute, disagreement or controversy between the parties arising out or relating to this Agreement shall be submitted to the exclusive jurisdiction of the Courts of State of New York, and of the United States District Court of New York. However, the Seller retains the right to sue the Customer before the courts of the Customer’s place of business.

21. INTEGRITY / CONVERSION OF NULL PROVISIONS
In the event that any provisions of this Conditions of Sale are deemed null and void or inapplicable, the validity of the remaining provisions of this Conditions of Sale will not in any way be affected. Provisions found to be invalid or ineffective will be amended to comply with applicable law to the fullest extent permitted by law.

Acceptance:

Customer’s name (please print) Customer Signer: Name & Role Signature for acceptance Date I understand that my signature above constitutes acceptance of the terms and conditions of sale. 58 Click Here to Return to Agenda
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MASTER SUBSCRIPTION AGREEMENT
This Master Subscription Agreement (or “MSA”) constitutes the general terms and conditions which regulate the relationship between the Customer identified in the Purchase Order and TECHNOGYM USA CORP., incorporated in Washington State, company number U.B. ID. no. 602 021 910 whose registered office is 700 US Highway 46 East, Fairfield NJ 07004 (the "Company") for the supply of the Services and Additional Services for the Customer own business purposes as hereunder defined.

1. DESCRIPTION AND METHOD OF SUPPLYING THE SERVICE.

1.1. Any reference to “Service” hereunder shall mean any of the online, web-based and/or mobile applications (the “Applications”) as described at docs.mywellness.com/msa/servicedescription.pdf (the “Service Description”) which are acquired by the Customer from the Company under the applicable Purchase Order (defined below) and which are provided by Technogym S.p.A., a company construed and existing under the laws of Italy, with registered offices at via Calcinaro n. 2861, 47522 Cesena (FC), Italy (“Technogym”), mainly via the website pro.mywellness.com and/or other designated websites or sources, including specific mobile applications, but excluding third party applications, meaning those online, web-based and/or mobile applications and offline software products that are provided by third parties and that interoperate with the Service (the "Third Party Applications"). Any reference to “Additional Services” shall mean the education, configuration and after sales support services detailed at the following section/s docs.mywellness.com/msa/mwcloudtechnicalsupportservices.pdf, which are provided directly by the Company to the Customer.

1.2. The Company undertakes to procure the supply of the Services and to supply Additional Services to the Customer subject to this MSA, eventually the MyWellness App Customization - Terms & Conditions and any applicable Purchase Order.

1.3. The “MyWellness App Customization – Terms&Conditions” means the dedicated contractual terms and conditions, which is a separate contractual document related to the customization of the Technogym® white-label MyWellness® App with: (a) a dedicated look&feel and logo; (b) a dedicated area to display specific Customer Content and (c) the publication of the customized MyWellness® App (the “Custom App”) on the Apple Store and Google Play platforms.

1.4. The “Purchase Order” means the purchase order documents for purchases hereunder. This MSA shall be deemed incorporated in the Purchase Orders signed by the Customer and acknowledged in writing by the Company with a written order confirmation.

1.5. The Customer acknowledges and agrees that the Services and Additional Services will be provided according to this MSA, the MyWellness App Customization– Terms&Conditions and any relevant Purchase Order as accepted by the Company, and that its purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made available by the Company regarding future functionality or features. This MSA, the (eventual) MyWellness App Customization–Terms&Conditions and the Purchase Order are jointly defined as the "Agreement".

1.6. Subject to the terms and conditions of the Agreement, the Company shall grant to the Customer a non-exclusive, non-transferable right to permit the Users (as defined in Clause 1.7) to use the Service during the Subscription Term (defined in Clause 7.2 hereof) solely for the purposes of the Customer’s business.

1.7. The Company will procure that the Services are made available to the Customer and its Users being those persons who are authorized by the Customer to use the Service (the “Users”). Users include, without limitation, the leads, prospects, customers, employees, consultants and agents of the Customer, as well as those third parties with whom the Customer has trade relations. Specifically, Users are organized in two different categories: Staff and Contacts. “Staff Users” are those individuals using the Service for professional purposes, whereas the “Contacts” are individuals registered in a Site to receive a service as consumers. Contacts are organized in different subcategories such as Members, ex-Members, Leads and Prospects. A “Member” means an individual registered in a Site who has an active subscription which enables him/her/they to receive a service or another benefit from the Customer; an “Ex-Member” means an individual registered in a Site whose subscription to receive a service or another benefit from the Customer has expired; a “Prospect” means an individual registered in a Site who received a service offering by the Customer without being a Member or an ex-Member, and a “Lead” means an individual registered in a Site who simply got in touch with the Customer.

1.8. The Service configuration (which is the activation of the Bundle which the Customer wants to activate) is made per site, which means a specified facility or fitness center owned or managed by the Customer as shall be identified in the Purchase Order (“Site” or “Customer Site”). A Site, either physical or virtual, is intended to host no more than 30,000 Members. A Site with more than 30,000 Members will be subject to dedicated contract terms and conditions.

1.9. The Service includes automatic updates to promote better security and compliance, and to streamline the update experience overall.

1.10. Any Technogym® Internet connected fitness equipment installed in a Site includes the Connected Equipment Pack (the “CEP”) Application which use is subject to the terms and conditions of this MSA. Technogym reserves the right to remove the Connected Equipment Pack features at any time with a prior 90 days’ notice giving the Customer the opportunity to upgrade the subscription to the Service.

1.11. In specific circumstances, Technogym may offer you access to Applications or pre-release services or functionalities identified as “beta”. Access to beta Applications or functionalities is granted for free. Nonetheless, when granting you access to such beta Applications or functionalities, Technogym may ask you to take appropriate actions for maximizing their usage and to report any data, information, comments, etc. to the Company and/or to Technogym. Moreover, as reasonably requested by Technogym, the Customer accessing to beta Applications or functionalities may be asked to provide reasonable feedback concerning such features and functionalities. All such feedback will be the sole and exclusive property of Technogym. When using the beta Applications or functionalities, Customer understands that these Applications or functionalities are still in development, may contain bugs or errors, may be feature incomplete, may materially change prior to a full commercial launch, or may never be released commercially. Technogym provides beta Application AS IS, and without warranty of any kind, and Customer’s use of, or reliance on beta services is at its own risk.

1.12. The Company, subject to notifying the Customer in advance, reserves the right at any time to procure the change of the technical method used to supply the Services, provided that it is equivalent to or improves the characteristics and level of service which is described in the Service Description.

1.13. The Customer acknowledges and accepts that the reports rendered by the Service constitute proof in full of the actions carried out by the parties with reference to the supply of the Service. The reports included in the Service will determine the number of Members, Active Users and/or possible Subscription Fee’s adjustments and/or Service Warranty reimbursements.

1.14. The Company may procure the suspension of the Service and may suspend the Additional Services, in whole or in part:
a. without notice, in the event of breakdowns to the network and any apparatus caused by Force Majeure or in case of any events over which the Company has no control; b. in the case of scheduled maintenance or modifications, to be notified to the Customer on 48-hours prior notice of the scheduled operation; c. with notice if reasonably possible and depending on the circumstances, or without notice if it is not reasonably possible to proceed otherwise, in the event of extraordinary maintenance that is rendered necessary and urgent in order to maintain the agreed levels of service.

2. CUSTOMER USE OF THE SERVICE.

2.1 Customer is granted the use of the Service only according to the Service Description.

2.2 Customer Accounts. Except to the extent caused by Technogym’s and/or Company’s breach of this MSA, (a) Customer is responsible for all activities that occur under the Customer account, regardless of whether the activities are authorized by the Customer or undertaken by it, its employees or a third party (including the Customer’s contractors, agents or Users), and (b) Technogym, the Company and/or their affiliates are not responsible for unauthorized access to Customer account/s.

2.3 Usernames and Passwords. Customer will ensure that it has appropriate security policies, including data archiving, in place and Customer is responsible for the distribution, ongoing management, maintenance, security and proper use of all valid usernames, user IDs and passwords used in connection with the Services. The Customer must keep in an appropriate manner and maintain confidential all identifying codes, keywords and any other confidential information relating to the provision of the Service and must immediately inform the Company regarding any use, even if only suspected, that may violate the security rules of the Service and/or may cause damage, including the loss of data, theft or the unauthorized disclosure of confidential information.

2.4 The Customer (i) shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify the Company promptly of any such unauthorized access or use, (ii) shall use the Service only in accordance with the Service Description and shall comply with all applicable laws and regulations, with respect to its activities under the Agreement (iii) shall be responsible for Users’ compliance with the Agreement and Service Description and (iv) shall not (a) make the Service available to any third party other than Users, (b) sell, resell, rent or lease the Service, (c) use the Service to store or transmit infringing, libelous, or otherwise defamatory or tortuous material, including material that is harmful to children or violates third party privacy or other rights, (d) record, consult, transmit or render available any content, material or anything else that constitutes or encourages the committing of any crimes, the violation of any patents, trademarks, design rights, copyright or any other right to industrial or intellectual property or any similar right that might be recognized by the laws of any applicable jurisdiction; (e) use the 59 Click Here to Return to Agenda
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Service to store or transmit malicious code (malicious code being any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs), (f) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (g) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws or (h) attempt to gain unauthorized access to the Service or their related systems or networks.

3. CUSTOMER CONTENT.

3.1 When uploading or creating content into the Service (the “Customer Content”), Customer represents and warrants that (i) it owns all rights in and to the Content, or, if the Content is subject to third party proprietary rights, including, for example, materials protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, it has all necessary licenses, rights, consents, and permissions to use and display the Customer Content, including permission from all person(s) appearing in the Customer Content; (ii) it is legally entitled to post the Customer Content, and (iv) the Customer Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and the Company’s use of Customer Content as described herein will not violate any other law. Customer hereby releases, discharges and agrees to hold the Company, Technogym, and any person acting on their behalf, harmless from any liability related in any way to the use of the Customer Content.

3.2 Customer will ensure that Customer Content and Customer’s and/or Users’ use of Customer Content or the Service will not violate any applicable policies or any law.

Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Content.

3.3 Any Customer Content howsoever added or used in connection with the Service that is considered inappropriate may be removed by the Company without notice. The Company may, on the basis of a legitimate order to do so, make the Customer Content available to any competent authorities.

4. DATA PROCESSING.

4.1 "Customer Data" means all Customer Content, electronic data or information available via the Service as inputted by the Customer and/or by the Users or collected via the Service in any manner whatsoever. “Personal Data" means those of the Customer Data that fall within the definition of "personal data" under the European Union Regulation 2016/679 ("GDPR") and processed by Technogym and/or the Company for the provision to the Customer of the Services and/or the Additional Services respectively. The terms 'controller', 'data subjects', 'personal data', 'processor' and 'process' shall have the meaning given to them by the GDPR.

4.2 Customer shall be the data controller with respect to the processing of Personal Data when using the Service under the Agreement. The Service will allow collection of Personal Data only when a facility director - being the person identified by the Customer as the administrator of the Service - is registered in the pro.mywellness.com (the “Facility Director”).

4.3 Technogym will process Personal Data on the Customer’s behalf as data processor, in accordance with the Data Processing Agreement. The Data Processing Agreement is available at the link mentioned in the Purchase Order and forms an integral and substantial part of this Agreement.

4.4 The Company may process Personal Data on the Customer’s behalf as data processor, limited to the performance of Additional Services, and in accordance with the following:

4.4.1 Personal Data will not be transferred by the Company outside the country where the Site is located, without prejudice to what indicated in the data processing agreement executed between Service Supplier and Customer;

4.4.2 The Company will only process Personal Data on documented instructions from the Customer and will not process any such Personal Data for any purpose except to carry out Additional Services.

4.4.3 The Company will implement appropriate technical and organizational security measures (including confidentiality obligations applicable to its personnel) to ensure a level of security appropriate to the risks that are presented by the processing of Personal Data. In case of a personal data breach which may affect Personal Data, the Company will notify the Customer without undue delay after becoming aware of it.

4.4.4 The Company will use commercially reasonable efforts to: (1) assist the Customer in ensuring compliance with its obligation to respond to requests for exercising data subject's rights under applicable data protection laws; and (2) make available all information necessary to demonstrate compliance with applicable data protection laws.

4.4.5 The Company will, at Customer's request, delete or return all Personal Data after termination of the Agreement unless otherwise provided by law.

4.4.6 The Company will not sub-contract the obligations arising from the provision of Additional Services to other third parties as sub-processors, unless authorized in writing by the Customer.

4.5 The Customer shall (i) be solely responsible for the accuracy, quality, integrity and legality of Personal Data and of the means by which it acquired Personal Data and shall ensure that all instructions given by it to the Company in respect of the Personal Data will be in compliance with applicable data protection legislation and (ii) use the Service only in accordance with the applicable data protection laws.

4.6 Service Improvements. Technogym may monitor and aggregate data and information related to the performance, operation and use of the Services to create statistical analyses, to perform benchmarking, to perform research and development and to perform other similar activities (“Service Improvements”). Technogym will not incorporate Customer Data in Service Improvements in a form that could identify the Customer or Users and Technogym will use industry standard techniques to anonymize Customer Data prior to performing Service Improvements. Technogym retains all intellectual property rights in Service Improvements and may make them publicly available.

5. AUDITS AND CERTIFICATIONS.

5.1 Upon Customer’s request, and subject to the confidentiality obligations set forth in the Agreement, the Company shall make available to Customer that is not a competitor of Technogym (or Customer’s independent, third-party auditor that is not a competitor of Technogym) the Technogym’s ISO 27001 certification.

5.2 Customer may contact the Company in accordance with the Section 18.2 (“Notices”) to request an on-line audit of the architecture, systems and procedures subject to confidentiality obligations under an applicable Non-Disclosure Agreement.

5.3 Customer shall reimburse Technogym and/or the Company for any time expended by them or their third-party sub-processors for any such audit at Technogym’s thencurrent professional services rates, which shall be made available to Customer upon request. Before the commencement of any such audit, Customer and Technogym shall mutually agree upon the scope, timing, and duration of the audit in addition to the reimbursement rate for which Customer shall be responsible. All reimbursement rates shall be reasonable, taking into account the resources expended by Technogym, or its third-party sub-processors. Customer shall promptly notify Technogym and/or the Company with information regarding any non-compliance discovered during the course of an audit which shall be considered Technogym Confidential Information.

6. SERVICE FEES AND PAYMENT.

6.1 Service Fees. In consideration of the provision of the Services (with the exception of the Connected Equipment Pack, as referenced hereinafter or beta Applications referenced under section 1.9) and of the Additional Services hereunder, the Customer shall pay to the Company the Service Fees as determined in the Purchase Order (the "Service Fees").

6.2 Service Fees are typically based on the Bundle and Size selected in the Purchase Order for a Site, and not on actual usage. The “Bundle” is intended as a pre-defined package of Applications and the Customer may subscribe to Applications in addition which are not included in the Bundle (the “Add-on/s”). The Add-on/s which are purchased during the Subscription Term will be co-terminus with the Bundle’s Subscription Term. The “Size of a Bundle” or “Size” is determined by the number of Contacts registered in a Site.

6.3 The Service Fees for certain other Applications may be based (i) on the number of connected equipment or (ii) on Active Users, an “Active User” being a User who accessed the Customer Content at least once in a month.

6.4 In the event Service Fees are based on the Size, at the end of the billing period, if the number of Contacts exceeds the maximum permitted by the Size, the Company reserves the right to invoice the Customer for the difference on the Service Fees for the Size corresponding to the actual number of Contacts calculated from the date of when the number of Contacts exceed the Size until the end of the upcoming billing period. From that date onwards the higher Size applies until the end of the Subscription Term.
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6.5 For Applications based on Active Users, the Company will send to the Customer a report with the number of Active Users at the end of each month along with the related invoice which shall be paid as detailed in the Purchase Order.

6.6 Payment obligations may not be cancelled and paid Service Fees are not refundable.

6.7 Service Fees remain unchanged for the Subscription Term (as hereinafter defined under Section 7.2). At the expiry date of the Subscription Term, Service Fees will be applied based on the price list applicable to the referenced Application/s at the renewal date.

6.8 Service Fees will be invoiced according to the payment method and scheduling set forth under the relevant Purchase Order.

6.9 Unless otherwise stated, Service Fees do not include any taxes, duties or any other governmental imposition of any other nature, including but not limited to any value added taxes, sales and use, withholding, determined or determinable by the local, state, provincial, federal or foreign jurisdiction (collectively the "Taxes"). The Customer is responsible for paying the Taxes associated with purchases made under the Agreement. If the Company has a legal obligation to pay or collect Taxes for which the Customer is liable pursuant to this paragraph, the relative amounts will be billed and paid by the Customer, unless the Customer provides the Company a valid certificate of exemption issued by the competent tax authority.

6.10 Service Fees not paid when due are subject to the lesser of (a) seven percent (7%) per annum finance charge or (b) the maximum late payment penalty amount determined by law.

6.11 If the Customer has not paid any amount at the due date, the Company shall have the right to suspend the Services and/or Additional Services, without prejudice to the Company’s right to charge default interest as described in Clause 6.5 and without prejudice to any other rights or remedies laid down by the law or the Agreement.

In the event of reactivation of the Services and/or the Additional Services (i.e. at the Company’s discretion and subject to payment in full of all outstanding amounts), the Company may charge the Customer a fee equal to 10% of the outstanding amount that was due, which the parties hereby agree represents liquidated damages that are a reasonable estimate of the Company’s losses and costs in the event of the suspension and reactivation of the Services and/or the Additional Services.

7. DURATION. EFFECTS OF THE EXPIRY OF THE SUBSCRIPTION TERM.

7.1 The Agreement comes into force with effect from the date the Customer receives from the Company the written order confirmation of the Purchase Order and – with the only exception under Section 7.3 - continues until any relevant Subscription Term has expired or been terminated.

7.2 “Subscription Term” means a minimum term of 12 months or any multiple of 12 months which is stated in the Purchase Order and which starts at the date identified in the Purchase Order for the activation of the Services and that renews automatically for additional subsequent periods of 12 months, unless either party gives the other notice in writing of non-renewal at least ninety (90) days before the end of Subscription Term or any anniversary thereof.

7.3 Upon expiry of the Subscription Term, the Service will be reduced to the Connected Equipment Pack Application. As a consequence, sections 1.13, 1.14, 2, 4, 5, 8, 10, 11, 13, 14, 15, Error! Reference source not found., 16.4, 18 will continue di apply until the Customer sends a notice of withdrawal to [email protected] with a prior notice of 60 days. Upon withdrawal as per this section 7.3, section 9 will apply.

8. TERMINATION FOR CAUSE.

8.1 Termination for Cause. Either Party may terminate the Agreement for cause (i) if the other party commits a material breach of the Agreement and (if such breach is remediable) fails to remedy that breach within 30 days after receipt of notice in writing of the breach; or (ii) if the other party suspends or threatens to suspend payment of its debts or is unable to pay its debts as they fall due or (being an individual) is declared bankrupt or (being a company) is subject to administration, liquidation, receivership or a proposal for voluntary arrangement or any other form of composition or arrangement with its creditors whether in whole or in part, in so far as it is permitted by applicable law.

8.2 If the Customer has not paid any amount at the due date and has not recovered the default within a term of thirty (30) days as of the payment due date, the Company shall have the right to terminate the Agreement without prejudice to the Company’s right to bill in its entirety the whole amount which would had been invoiced until the end of the Subscription Term and charge default interests as described above and without prejudice to any other rights or measure laid down by the law or the Agreement.

8.3 In addition to any other provision in this MSA or in a Purchase Order hereto providing for the right of termination of the Agreement by the Company, in the event of the breach of any one of the obligations assumed by the Customer or its Users under the following clauses in the Agreement: 2, 3, 4, Error! Reference source not found., 6, 11, Error! Reference source not found., 18 the Company shall have the right to terminate the Agreement immediately subject to sending a written communication by recorded delivery letter or by commercial courier to the Customer at its registered office (if a company) or (in any other case) its principal place of business and both, and each of, the Company and Technogym shall be entitled to be kept harmless and indemnified by the Customer from and against any prejudicial consequence.

8.4 In the event of termination, the Customer’s right to receive the Service shall cease immediately.

8.5 The termination of the Agreement shall not affect or prejudice the obligations, rights or liabilities, of the parties that have accrued up to the date of termination, including the Company’s right to receipt of the Service Fees paid and payable by the Customer which existed at or before the date of termination and, in any case, the Company's right to compensation for damages.

8.6 Refund or Payment upon Termination. As an exclusive remedy for the Customer, upon termination for cause by Customer, the Company shall refund Customer pro-rata for any prepaid Service Fees relating to Services and/or Additional Services not already provided at the termination date. Upon any termination for cause by the Company, Customer shall pay any Service Fees covering the remainder of the Subscription Term. In no event shall any termination relieve the Customer of the obligation to pay any Service Fees payable to the Company for the period prior to the effective date of termination.

8.7 Return of Customer Data. The Service includes a specific tool created to export Customer Data. The export created with this tool may be subject to limitations. Up and until the Service is terminated, the Customer may export the Customer Data using the afore-mentioned tool. Upon expiry of the Service, neither the Company nor Technogym shall have no obligation to maintain or provide any Customer Data and shall thereafter, unless legally prohibited, delete or make anonymous all Customer Data in their systems or otherwise in their possession or under their control, unless alternative legal basis for processing exists.

9. EFFECTS OF TERMINATION.

9.1 Notwithstanding the termination of the Agreement, it is acknowledged and agreed that those rights and obligations of the MSA which by their nature are intended to survive such expiration or earlier termination shall survive including, without limiting the foregoing, Sections 4, 11, 15, Error! Reference source not found., 16.4, 18 for as long as required by the appropriate Section or Clause.

10. MODIFICATIONS.

10.1 The Company may at any time change this MSA subject to sending a prior notice by e-mail to the account of the Facility Director. Provided that the Customer has not withdrawn from the MSA in a term of 30 days as of receipt of the notice of modifications, the new terms and conditions shall be effective as from the thirtieth day after the notice communicated to the Customer.

10.2 In the event the Customer withdraws from the MSA because of the change in the MSA, the conditions of this MSA as they were before the change proposed by the Company will continue to apply until the end of the Subscription Term (excluding any automatic renewal) at which point this MSA will automatically terminate.

11. CONFIDENTIALITY.

11.1 Parties and Exceptions. For purposes of this MSA, the party disclosing Confidential Information is referred to as the “Discloser” and the party receiving Confidential Information is referred to as the “Recipient”. “Confidential Information” means proprietary information of Discloser, or third-party proprietary information disclosed to Discloser, that is provided to Recipient. Recipient’s obligations to protect Discloser’s Confidential Information does not apply to information that: (i) is or becomes, through no act or omission of Recipient, publicly available; (ii) is known by Recipient at the time of receipt, as shown by Recipient’s contemporaneous written records; (iii) is subsequently and rightfully provided to Recipient by a third party, without restriction on disclosure; or (iv) is independently developed by Recipient without use of or access to Discloser’s Confidential Information.

11.2 Confidentiality. Recipient will safeguard the confidentiality of Discloser’s Confidential Information, including at a minimum, the precautions taken by Recipient to protect its own Confidential Information but in any event no less than reasonable precautions. Recipient will: (a) not disclose or use Discloser’s Confidential Information 61 Click Here to Return to Agenda
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for any purpose other than as contemplated by, and consistent with, the terms of this Agreement, (b) limit access to Discloser’s Confidential Information only to its employees and agents who have a need to know such information and who are bound by written confidentiality obligations at least as protective as the requirements of this MSA, and (c) not sell, transfer, disclose or otherwise make available Discloser’s Confidential Information to any third party without the other party’s prior written consent. If Recipient is required to disclose Discloser’s Confidential Information under the terms of a subpoena, court order, governmental rule or regulation or other judicial requirement, unless legally prohibited from doing so, Recipient will promptly notify Discloser of the existence, terms and circumstances surrounding such a request or requirement so that Discloser may seek an appropriate protective order. If Discloser seeks a protective order, Recipient will reasonably cooperate in such effort at Discloser’s expense. Subject to Recipient’s compliance with the foregoing notice and cooperation obligations, Recipient will be allowed to make the required disclosure.

11.3 Return of Confidential Information. The Recipient will return any tangible materials containing Confidential Information, and any copies or reproductions thereof, to the Discloser within thirty (30) days after the Discloser’s written request. Recipient agrees to undertake whatever action is reasonably necessary to remedy any breach of Recipient’s confidentiality obligations or any other unauthorized disclosure or use of the Confidential Information by Recipient, its employees, its agents, or contractors.

The Recipient acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that the Discloser Party will be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction without the necessity of posting any bond.

12. THIRD PARTY APPLICATIONS AND THIRD PARTY PROVIDERS.

12.1 If the Customer installs or enables Third-Party Applications for use integrated with the Applications being part of the Service, the Customer acknowledges and agrees that those providers of Third-Party Applications may be able to access and/or modify the Customer Data when providing services to Customer. For the purposes of this Section 12, “Third-Party Applications” shall mean any online, web-based applications and offline software products that are provided by third parties that interoperate with the Service via API.

12.2 The Customer agrees that the Service Supplier may allow providers of those Third-Party Applications to access Customer Data, including Personal Data under the Customer’s control, as required for the interoperation of such Third-Party Applications with the Services. This may include pulling and/or writing data within the Service and Customer acknowledges and agrees that the Company and/or Technogym shall not be responsible for any or all disclosure, modification, corruption, loss or deletion of Customer Data resulting from any such access by Third-Party Applications and the Company and Service Supplier make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of or correspondence of any transactions completed with any such third party.

13. SERVICE WARRANTY

13.1 Service Warranty. With the exception of the Connected Equipment Pack – which is not assisted by any warranty - the Company warrants that the Service will be made available with all the active Applications in a certain Site at 99.00% for twenty-four (24) hours a day, seven (7) days per week, three hundred sixty-five (365) days per year (the "Cumulative Service Level" or "Overall Service Level"). This consists on eighty-seven (87) hours and thirty-six (36) minutes of unplanned interruption of electricity in 1 year of the Subscription Term in a certain Site.

13.2 If the Overall Service Level falls below 99.00% in a Site during the Subscription Term or in its renewal, the Company will recognize to the Customer a credit in order to use the Service to be used during the Subscription Term following that in which the interrupting event has occurred, according to the following schedule:

13.2.1 98% - 98.9% Service Availability - one (1) month of free use of the Service *

13.2.2 95% - 97.9% Service Availability - two (2) months of free use of the Service *;

13.2.3 90% - 94.9% Service Availability - six (6) months of free use of the Service *

13.2.4 Less than 90% Service Availability - twelve (12) months of free use of the Service *.

13.3 The value of the Service to be credited will be determined based on the following formula:
no. 1 free month of the Service = all Service Fees paid by the Customer in a 12 months period for the Site concerned 12 13.4 In order to receive credit for the free Services and Additional Services on the basis of Section 13.2 indicated above, the Customer must give notice in writing to the Company not later than five (5) working days after the Services has fallen below the guaranteed level that he intends to use the credit for free Service connected with the reported lack for the next Subscription Term. If the Company does not receive the communication from the Customer as provided in this paragraph, • the Company is no longer under any obligation to procure the provision of free Services and Additional Services to the Customer; and • it will be considered that the Customer has waived and released the Company and/or Technogym from any claims relating to the use or non-use of the Service during the Subscription Term.

13.5 The Customer will not be entitled to receive any credit with reference to Section 13.2 in relation to those shortcomings or deficiencies caused by or associated with one of the following circumstances:
• Circumstances beyond the reasonable control of the Company, including but not limited to, war, insurrection, sabotage, terrorism, armed conflict, embargo, fire, flood, earthquake, Internet viruses, or failure of internet service; • Relevant faults to the telecommunications system or to Internet network outside the Company's control; • Acts or omissions of Customer, its employees, its agents, including, without limitation, custom scripting or coding, any negligence, willful act, or use of the Services and/or Additional Services beyond the scope of the Agreement; and • any other situation described under Section 1.14.

13.6 If the Customer becomes aware of any default relating to the supply of the Service it shall notify the Company by email at [email protected] immediately and in any event within 2 (two) days thereof, providing full particulars of such default. The Company and/or Technogym shall not be liable to the Customer in relation to any default relating to the supply of the Service which is not notified to the Company by the Customer in accordance with this Section 10.6.

14. DISCLAIMER OF FURTHER WARRANTIES

14.1 With the exception of what expressly provided in this MSA and/or in any relevant Purchase Order, the Service is provided “as is” and with all its faults. No warranty or assurance, express, implied or statutory, is given by the Company and/or Technogym with respect to the Service and/or the Additional Services, or any other matter, including, without limitation (and the company expressly disclaims) any warranties of title, merchantability, suitability or fitness for a particular purpose, noninfringement, lack of viruses, negligence or lack of report by the Company and/or Technogym.

14.2 The Company and/or Technogym will not be responsible for suspension, interruption or other failure of the Service and/or the Additional Services caused by another company and/or technical problems caused by the Customers’ suppliers.

14.3 With the exception of what expressly provided in this clause 14, the Company and/or Technogym will not be liable to the Customer for any damages caused by the unavailability or non-performance of Services and/or Additional Services/for the loss of opportunities including business/customers/startup/revenues/incomes/anticipated savings, or indirect or unpredictable losses, or punitive, special or consequential losses.

14.4 The Company and/or Technogym will not be responsible for damages caused to the Customer or to any third party due to the failure in the activation, suspension, interruption, or poor functioning of the Service caused by the Customer’s or third parties’ actions or due to change or force majeure. For example, the Company and/or Technogym will not be liable for damages caused by the alteration of Services operations carried out by the Customer, or third parties, not authorized by the Company, for the poor functioning, for the total or partial interruption of connections provided by other telecommunications operators, by the Customer’s breach of the applicable laws or regulations (including laws and regulations on safety, fire or accidents prevention), by activities and/or government decisions and/or administrative public sector (e.g. delay in the issue of permits and/or authorizations), legislative decree or regulations that prevent the availability of the Service or the suspension or retraction of license, from expiration or bankruptcy of dealers or other operators (including those in the public sector) necessary for the availability of Service. The Customer shall be solely liable for the data processing related to the equipment, hardware that he, she, they use in order to receive the Service and/or Additional 62 Click Here to Return to Agenda
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Services, that must be consistent with and have all the technical specifications and functionalities required by the Service Description. The Company and/or Technogym shall not be liable for any damages related to the Customer’s hardware or equipment.

15. LIMITATIONS OF LIABILITY

15.1 The following provisions set out the entire financial liability of the Company and/or of Technogym (including without limitation any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

15.1.1 any breach of the Agreement howsoever arising;

15.1.2 any use made by the Customer of the Service and/or Additional Services, the Applications and/or the Third-Party Applications or any part of them; and

15.1.3 any representations, misrepresentations (whether innocent or negligent), statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Agreement.

15.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.

15.3 Nothing in these conditions excludes the liability of the Company:

15.3.1 for death or personal injury caused by the company’s negligence; or

15.3.2 for fraud or fraudulent misrepresentation.

15.4 Subject to Sections 15.2 and 15.3:

15.4.1 the Company and/or Technogym shall not in any circumstances be liable, whether in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for:

15.4.1.1 loss of profits;

15.4.1.2 loss of business;

15.4.1.3 depletion of goodwill or similar losses;

15.4.1.4 loss of anticipated savings;

15.4.1.5 loss of use;

15.4.1.6 loss or corruption of data or information; or

15.4.1.7 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

15.4.2 The Company’s and/or Technogym's total liability in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the total amount of the Service Fees payable and paid by the Customer to the Company for the Subscription Term in which the claim arises.

15.4.3 Company’s pricing reflects this allocation of risks and the limitation of liability specified herein.

16. TECHNOGYM CONTENT, TECHNOLOGY AND TRADEMARKS.

16.1 Any right, title, and interest in and to:
• The Service (with the inclusion of any Applications, database, interfaces, images, photographs, drawings, layouts, animations, video, audio, music, text, and applets);
• All derivatives, modifications and enhancements thereof (including ownership of all trade secrets, know-how, trademarks, trade names, domain names, anonymized derived data, and copyrights and other intellectual property rights pertaining thereto), with the exception of rights and privileges expressly granted to the Customer by the Company on the basis of this MSA, • The content uploaded and made available by Technogym within the Service (which may include pre-recorded routines, outdoor videos, fitness programs, pre-recorded classes, and any other fitness content) are owned by and shall remain the exclusive property of Technogym or are licensed to Technogym by their legitimate owners, which has licensed or sub-licensed the rights to the Company solely for the purpose of performing the MSA.

16.2 The MSA does not give to the Customer title or ownership of the Service and/or the Applications, the database (excluding Customer Data), or any part thereof, but the Company sub-licensed such rights of limited use as specified in Clause 1 and in the Service Description to the Customer for the purposes envisaged by the MSA. This sub-license automatically terminates on termination of the MSA.

16.3 License Restrictions. Neither Customer nor any User will use the Service in any manner or for any purpose other than as expressly permitted by this MSA. Neither Customer nor any User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Service (except to the extent Content included in the Service is provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Service or apply any other process or procedure to derive the source code of any software included in the Service (except to the extent applicable law doesn’t allow this restriction), (c) access or use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service. Customer will not misrepresent or embellish the relationship between Technogym and Customer (including by expressing or implying that we support, sponsor, endorse, or contribute to Customer’s business endeavors). Customer will not imply any relationship or affiliation between Technogym and Customer except as expressly permitted by this MSA.

16.4 Indemnification. Technogym will defend, at its own expense, any claim, suit or proceeding brought against the Customer to the extent it is based upon a claim that unmodified Technogym-proprietary code used to provide the Service and/or licensed to the Customer pursuant to the MSA infringes upon any third party’s intellectual property rights. The Customer agrees that it shall promptly notify the Company and Technogym in writing of any such claim or action and give Technogym information and reasonable assistance in connection therewith. Technogym shall have the sole right to control the defense of any such claim or action and the sole right to settle or compromise any such claim or action. Technogym will pay all damages, costs and expenses finally awarded to third parties against the Customer in such action. If the Service is, or in Technogym’s opinion may be, held to infringe, Technogym may, at its option, replace or modify such portion of the Service or the Service in full so as to avoid infringement, or procure the right for the Customer to continue the use of the Service. If neither of such alternatives is, in the Technogym’s opinion, commercially reasonable, the infringing Service shall be discontinued and the Technogym’s sole liability, in addition to its obligation to reimburse finally awarded damages, costs and expenses set forth above, shall be a credit to the Customer of Service fees paid to the Company under the MSA, as related to the unused portion of the Service which had been paid in advance. Technogym will have no liability for any claim of infringement arising as a result of a) Customer’s use of the Service in combination with any items not supplied by Technogym where such combination is the basis of the infringement claim; b) any modification of the Service by the Customer, the Company or third parties; c) use of the Service outside the scope of the license granted hereunder. THE FOREGOING STATES THE ENTIRE LIABILITY OF

TECHNOGYM TO THE CUSTOMER CONCERNING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING, BUT NOT LIMITED TO, PATENT, COPYRIGHT AND TRADE SECRET RIGHTS.

17. APPLICABLE LAW. EXCLUSIVE JURISDICTION.

17.1 In case of conflict between the provisions contained in the MSA and those within any relevant Purchase Order as accepted by the Company, the latter shall prevail. This MSA and any relevant Purchase Order and their attachments are governed by the laws of New York without reference to the provisions relating to conflicts of law and further excluding the application of the UN Convention on Movable Goods. Parties irrevocably agree that all claims and disputes will be heard exclusively in the Federal and State courts of New York, and they consent and submit themselves to the exclusive jurisdiction of these courts. Notwithstanding the foregoing, the parties agree that (a) the Company shall be entitled to sue for all amounts due as set in this MSA and in any applicable Purchase Order in any jurisdiction in which the Customer operates or owns properties and (b) the Company and/or Technogym may pursue legal action in any jurisdiction in connection with the performance or the protection of its intellectual property rights and/or intellectual property rights in the Service or otherwise owned by or licensed to the Company.

18. GENERAL
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18.1 ASSIGNMENT. The MSA may not be assigned by the Customer without the prior written consent of the Company, which may be withheld at the Company's sole discretion. The Company may require any proposed assignee of the MSA to enter into a new written agreement with the Company. The Company may assign, transfer, charge or sub-contract the MSA to any person or entity, and thereafter be relieved of all liability hereunder.

18.2 NOTICES. All notices, requests, demands, and other communications shall be validly given if delivered in person, sent by electronic mail, or forwarded by registered or certified mail addressed to:

FOR THE COMPANY:

TECHNOGYM USA CORP.
700 US Highway 46 East, Fairfield NJ 07004
FOR THE CUSTOMER:
at the address provided in the identification block of the Purchase Order, unless such party has notified the other party of a substitute contact information in writing pursuant to this article.

Notices delivered in person or by electronic mail during normal business hours shall be deemed to be received on the same date. Notices forwarded by registered or certified mail shall be deemed to be delivered three (3) days after such notice was mailed.

18.3 RELATIONSHIP. The parties shall do business at their own risk and for their own profit. Nothing in the MSA shall constitute a partnership or agency relationship between Customer and the Company or authorize either party to make any representation on behalf of or in any way to bind the other party to any obligation of any kind, express or implied, to any third party, or to incur any liability on behalf of the other party.

18.4 COMPLIANCE WITH APPLICABLE LAWS. Company and Technogym provide the Services in accordance with laws and government regulations applicable to the Company and Technogym provision of the Services to its customers generally (i.e., without regard for Customer’s particular use of the Services), and subject to Customer’s use of the Services in accordance with this MSA, the Service Description and the applicable Purchase Order. Each party will comply with all laws, statutes, rules, regulations, ordinances and other pronouncements having the effect of law (collectively “Laws”) as applicable to a party and, in the case of Customer, applicable to its use of the Service. In no event will the Company and/or Technogym be responsible for providing, implementing, configuring, or coding the Service in a manner that complies with any Laws that apply to the Customer business or industry (“Customer Specific Laws”). Customer will comply with Customer Specific Laws, and in no event will the Company, Technogym, Technogym’s business partners, licensors or suppliers be liable for any claim or action arising from or related to Customer’s failure to comply with any Customer Specific Laws it being understood that Customer is solely liable for any such failure(s) and resulting claims or actions.

18.5 SEVERABILITY. If any of the provisions of the MSA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the other portions of the MSA shall remain in full force and effect.

18.6 FORCE MAJEURE. No liability hereunder shall result to a party by reason of delay in performance caused by force majeure, that is circumstances beyond the reasonable control of the party, including, without limitation, acts of God, fire, flood, war, terrorist attack, failure of a utility service, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, civil unrest, labor unrest, or shortage of or inability to obtain material as equipment.

18.7 The failure of either party to enforce at any time or for any period of time, the provisions hereof in accordance with their terms will not be construed to be a waiver of such provisions or of the right of such party thereafter to enforce each and every such provision.

18.8 LANGUAGE. This MSA is drafted in English. If the MSA is translated into any other language, the English language version shall prevail.

Version: 2023.01.11
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THANK YOU FOR YOUR INTEREST
IN TECHNOGYM’S PRODUCTS AND SOLUTIONS.

JOIN OUR WELLNESS COMMUNITY
#TECHNOGYM
#LETSMOVEFORABETTERWORLD

TECHNOGYM USA
700 Route 46 East 2nd Floor
Fairfield, NJ 07004
Toll free: 800-804-0952
Fax: 206-623-1898
Email: [email protected]
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: APPROVE ADVERTISING AGREEMENT WITH ALPHA MEDIA FOR MARKETING SERVICES FOR IRONMAN 70.3 EVENT FOR FISCAL YEAR 2023/24

RECOMMENDATION
Approve Advertising Agreement with Alpha Media for Marketing Services for Fiscal Year 2023/24.

EXECUTIVE SUMMARY
• Alpha Media is a broadcast company providing media, entertainment, and digital marketing solutions.
• The City has utilized Alpha Media’s services for radio and digital advertising to educate and inform the community on IRONMAN 70.3 event notification annually as part of the outreach plan.

FISCAL IMPACT
The cost for Alpha Media’s IRONMAN campaign for fiscal year (FY) 2023/24 is $26,475, which is the same amount as FY 2022/23 IRONMAN campaign. Funds are available in FY 2023/24 Community Experiences Account (101-3003-60149).

BACKGROUND/ANALYSIS
On July 18, 2023, Council approved an advertising agreement with Alpha Media for $57,000 for radio and digital marketing services to educate the community on recycling information. The promotion of this information fulfills the City’s required obligation per CalRecycle state mandates.

The proposed advertising agreement (Attachment 1) for the IRONMAN campaign will continue the annual marketing outreach to residents to ensure notification of the event and road closures associated with the event. The plan agreement for the City’s radio and digital services with Alpha Media will include 215 radio ads per week across all channels on Alpha Media. Additionally, the City will receive digital ads on Alpha Media radio station websites. This campaign will start late September 2023 and will continue through race day for the IRONMAN event, scheduled for December 3, 2023.

CONSENT CALENDAR ITEM NO. 9
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ALTERNATIVES
Staff does not recommend an alternative action.

Prepared by:

Approved by:

Attachment:

Marcie Graham, Marketing Manager
Gilbert Villalpando, Director

1. Alpha Media Advertising Proposal for IRONMAN 70.3
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PRESENTED BY
Dayna Smith
July 26th, 2023
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Approved__________________________________________________ Date________ Business_________________Address______________City________State___Zip_____ Start date _______________________ End date ___________________________ Advertiser may cancel this agreement upon 14 days prior notice. This agreement is confidential.

Radio Schedule: 09/18 -10/1, 10/09 - 10/29 and 11/13 - 12/3 (Monday - Sunday 7A-8P) ● 25 Thirty second commercials per week on 93.7 KCLB
● 25 Thirty second commercials per week on 98.5 The Bull ● 25 Thirty second commercials per week on 107.3 MOD
● 25 Thirty second commercials per week on 106.9 The Eagle ● 25 Thirty second commercials per week on U92.7
● 25 Thirty second commercials per week on 103.9 ESPN
● 25 Thirty second commercials per week on 94.3 KNWZ
● 25 Thirty second commercials per week on Mix 100.5
● 15 Fifteen second PSA’s per week per station reminding people to check the map online for road closures and upcoming date of event ● On air interview
Digital Schedule: 09/04 - 12/03
● Rotating banner ads on all Alpha Media station websites with link to URL and map posted with Iron man route ● Mobile campaign - Mobile to social and targeted display advertising ○ polygon select gyms, athlete races, other fitness competitions pull a lookback on all locations ○ create lookalike audience from captured device ID’s
○ Utilize fitness/health & wellness audiences in the Coachella Valley ○ Mobile retargeting
○ Social strategy - upload captured device ID list into FaceBook and Instagram, reach those individuals through their social profiles ○ Target audience on social - fitness junky, ironman, marathons, racing, crossfit, extreme sports, cycling, healthy lifestyle, active lifestyle, etc. ○ Place a FaceBook retargeting pixel
TOTAL INVESTMENT: $26,475
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH THE

COUNTY OF RIVERSIDE TO PROVIDE ONSITE WASTEWATER TREATMENT

SYSTEMS REGULATION

RECOMMENDATION
Approve a Memorandum of Understanding with the County of Riverside Department of Environmental Health to provide onsite wastewater treatment systems regulation; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• Under California law, Onsite Wastewater Treatment Systems (OWTS) must be regulated by an approved Local Agency Management Program (LAMP). • The County of Riverside Department of Environmental Health (County) has an approved LAMP, while the City does not.
• The current five-year Memorandum of Understanding (MOU) will expire in October 2023.
• The proposed MOU will allow the County to continue to provide plan review of OWTS for commercial and residential applications within the City.

FISCAL IMPACT
There will be no fiscal impact to the City as the County will collect any applicable fees.

BACKGROUND/ANALYSIS
There are many residential properties in La Quinta connected to private OWTS, more commonly known as septic systems, that cannot feasibly be connected to the sanitary sewer system. In 1992, the City Council adopted an ordinance adding Chapter 6.14 of its Health and Sanitation Code by “adopting by reference” the County Ordinance 712. When the City receives a request for a proposed new septic system or the repair of an existing system, the process has been to direct the applicant to the County for approval of their location and design.

CONSENT CALENDAR ITEM NO. 10
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In 2012, the State Water Resources Control Board established new minimum requirements for the installation, performance and maintenance of OWTS, or septic systems which went into effect in May 2018, and made the installation of septic systems more restrictive. Local agencies could either adopt the statewide minimum standards or propose their own LAMP to the Regional Water Quality Control Board. Staff determined that a cost-effective strategy was to contract with the County and utilize the County of Riverside’s LAMP, which the Board adopted in November 2016.

On September 18, 2018 City Council adopted the County of Riverside’s OWTS ordinance by reference. The current five-year MOU is set to expire at the end of October 2023. Under the proposed five-year MOU, the County will continue to provide plan review of OWTS for commercial and residential applications within the City and ensure compliance with the County LAMP. Requests for an OWTS must be accompanied by a City application for a building permit, and the project proponent will be responsible for applicable fees.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. MOU with Riverside County Department of Environmental Health for OWTS regulation
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1 MEMORANDUM OF UNDERSTANDING

BETWEEN

RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
AND

THE CITY OF LA QUINTA
This Memorandum of Understanding (MOU) is made and entered into by and between the CITY OF LA QUINTA, hereinafter referred to as “CITY” and the COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH, hereinafter referred to as “COUNTY”, to be effective on the date approved by both parties.

I. RECITALS
WHEREAS, CITY desires Environmental Planning review, Technical Assistance, and Plan Review for Onsite Wastewater Treatment Systems (OWTS) in accordance with the Riverside County Local Agency Management Program (LAMP) and; WHEREAS, CITY does not have an approved LAMP and;
WHEREAS, COUNTY’s LAMP was approved by the Regional Water Quality Control Board and;
WHEREAS, CITY desires to abide by the Riverside County LAMP and; WHEREAS, CITY agrees to rescind any and all existing OWTS ordinances, rules and regulations, if applicable, prior to COUNTY’S review to avoid conflicting and duplicative rules and regulations and;
WHEREAS, CITY agrees to allow for billing of permit fees by COUNTY for services to be rendered, according to County of Riverside Ordinance No. 640 and; ATTACHMENT 1
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2 WHEREAS, COUNTY has personnel with sufficient training and expertise to provide such services in accordance with the LAMP and;
WHEREAS, COUNTY is prepared to provide such services under the terms and conditions set forth in this Memorandum of Understanding; and WHEREAS, CITY and COUNTY agree to now enter into this Memorandum of Understanding for a period of five (5) years;
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties mutually agree as follows:

II. TERMS AND CONDITIONS
A. SUMMARY
The CITY requires professional services as described herein from the COUNTY for review of Onsite Wastewater Treatment Systems (OWTS).

B. TERM
The term of this MOU shall be effective on the date it is signed by both parties.

The MOU shall continue in effect for up to five (5) years, or until terminated as outlined in Section IV below.

C. SERVICES TO BE RENDERED
Plan Review Services: COUNTY will provide plan review of OWTS for commercial and residential applications within the CITY. This review will include inspections of the property and technical review of the soil percolation study to ensure compliance with the 74 Click Here to Return to Agenda
3 Riverside County LAMP. Requests for an OWTS shall be accompanied by a City application and/or building permit and shall be submitted in an acceptable format by the project proponent to a County Environmental Health office for their review. The project proponent shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52 for the type of review requested at the time of submission of the request, to cover the cost of services provided. All such review shall be provided within fifteen (15) working days of submittal of a completed application.

Planning Review: COUNTY will provide environmental planning review to the City for all residential and commercial projects proposing OWTS, to ensure compliance with Riverside County LAMP. The project proponent shall be responsible for the payment of any applicable fees, at the current hourly rate established in County Ordinance 640 as codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided. All such reviews shall be provided within (20) twenty working days of request for such services.

Inspection/Review of Annual Evaluation for Advanced Treatment Systems (ATS):

COUNTY will provide inspection and/or review of the annual evaluation report for ATSs as required in the LAMP. The project proponent and/or property owner shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided.

Services to be rendered specifically exclude COUNTY response to and enforcement of any complaints regarding malfunction or failure of an OWTS. CITY agrees to enact any ordinances or regulations necessary to enforce the correction of any failure of any OWTS, and to enforce in a manner consistent with the LAMP.

CITY shall enact any necessary ordinances to allow for COUNTY to directly bill any 75 Click Here to Return to Agenda
4 applicant.

CITY shall rescind, or suspend for the duration of this MOU and any subsequent renewals, any and all ordinances, regulations or other mandatory laws regarding OWTS systems within the CITY to avoid duplication of laws or conflicting laws. CITY shall also enact necessary implementation ordinances, regulations or other laws that would allow the provisions of the LAMP to control within the CITY’s border and also that would allow COUNTY to provide services under the LAMP.

D. PERSONNEL
The services provided by the COUNTY shall be performed by COUNTY personnel under the control and direction of COUNTY. To the extent that CITY personnel may also participate in any of the activities herein provided for, CITY agrees to conduct those activities in accordance with the COUNTY LAMP, and any expenses by the CITY in this process shall be borne by CITY.

E. MUTUAL HOLD HARMLESS/INDEMNIFICATION
1) CITY agrees to defend, indemnify, and hold harmless COUNTY, its directors, officers, agents, Board of Supervisors, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of COUNTY under this MOU, its officers, agents, employees, subcontractors, agents or representatives.
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5 2) In the event there is conflict between this foregoing clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY from indemnifying the COUNTY to the fullest extent allowed by law.
3) With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of COUNTY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’S indemnification to COUNTY as set forth herein. CITY’S obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at COUNTY’S expense, for the defense or settlement thereof. CITY’S obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 4) COUNTY agrees to defend, indemnify, and hold harmless CITY, its directors, officers, agents, City Council, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY under this MOU, its officers, agents, employees, subcontractors, agents or representatives.
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6 5) In the event there is conflict between this foregoing clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve COUNTY from indemnifying the CITY to the fullest extent allowed by law.
6) With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of CITY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’S indemnification to CITY as set forth herein.

COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at CITY’S expense, for the defense or settlement thereof. COUNTY’S obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

III. AMENDMENTS
Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the authorized parties.

IV. TERMINATION
Either CITY or COUNTY may terminate this MOU at any time by giving (30) days written 78 Click Here to Return to Agenda
7 notice with or without cause to the designated contacts. Upon receipt of any notice of termination on the agreed upon effective date of termination services shall cease thereafter. Upon termination of this MOU, any OWTS under permit and subject to annual inspection shall revert to the CITY for inspection and permitting. Any fees paid to the COUNTY for an annual permit prior to notification of termination, shall not be refunded by the COUNTY.

V. COMPLETE MEMORANDUM OF UNDERSTANDING
This written MOU, including all writings specifically incorporated hereby in reference, shall constitute the complete MOU between the parties hereto. No oral agreement or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement or representation be binding upon the parties hereto. Any previous agreements between the CITY and COUNTY, whether oral or written, with regards to the activities outlined in Section II.C of this MOU, shall be supplanted by this MOU. Other agreements or contracts between the CITY and COUNTY, not involving OWTS, shall be unaffected by this MOU.

VI. JURISDICTION/VENUE
This MOU shall be governed by, and construed in accordance with, the laws of the State of California. CITY agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOU and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Riverside. 79 Click Here to Return to Agenda
8 VII. NOTICE
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows:

CITY: COUNTY:

City of La Quinta
Public Works Department
78495 Calle Tampico
La Quinta, CA 92253
County of Riverside
Department of Environmental Health
4065 County Circle Drive
Riverside, CA 92503
VIII. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING
Both CITY and COUNTY do covenant to each individual executing this MOU on behalf of each party is a person duly authorized.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed

CITY OF LA QUINTA
_________________________________ Dated:

Jon McMillen, City Manager
APPROVED AS TO FORM:
__________________________________
Bill H. Irhke, City Attorney
__________________________________
Monika Radeva, City Clerk
Dated: __________________________
Dated: __________________________
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9 COUNTY OF RIVERSIDE
_________________________________ Dated:

Jeff Johnson, Director of Environmental
Health

APPROVED AS TO FORM
__________________________________ Dated: ___________________________ Minh C. Tran
County Counsel
__________________________________ Dated: ___________________________ Caroline K. Monroy, Deputy County Counsel
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE FLORESTA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 36762, LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET

RECOMMENDATION
Accept the off-site improvements associated with Tract Map No. 36762, Floresta; authorize staff to release performance securities upon receipt of warranty bond and landscape inspection approval; and direct staff to release the labor and materials security 90 days after City Council acceptance of the improvements.

EXECUTIVE SUMMARY
• Floresta is a residential project located on the northwest corner of Avenue 52 and Jefferson Street (Attachment 1).
• Beazer Homes Holdings Corp (Developer) has requested release of the performance, labor and materials securities.
• Since all off-site improvements have been completed, staff recommends acceptance, and release of the performance, labor and materials securities.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
The Developer has completed all off-site improvements required by Tract Map No. 36762.

The improvements include pavement, signing and striping, driveways, sidewalk, and landscaping. Staff inspected the off-site improvements except the perimeter landscaping and verified they meet City-approved plans and standards. Planning staff will be inspecting the perimeter landscaping improvements. The performance securities will not be released until the landscape inspection is approved and warranty bond is received.

ALTERNATIVES
Accepting improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action.

CONSENT CALENDAR ITEM NO. 11
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Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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V I C I N I T Y M A P

NOT TO SCALE
TM 36762 FLORESTA
ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP NO. 38668 AND ASSOCIATED SUBDIVISION IMPROVEMENT

AGREEMENT FOR A MIXED-USE PROJECT LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD; PROJECT – DUNE PALMS

MIXED-USED PROJECT

RECOMMENDATION
Adopt a resolution granting conditional approval of the Final Parcel Map and Subdivision Improvement Agreement associated with Parcel Map No. 38668; and authorize the City Manager to execute said agreement.

EXECUTIVE SUMMARY
• Blackpoint Properties, LLC (Applicant) requests conditional approval of Final Parcel Map No. 38668.
• This is a ministerial action that occurs when the conditions of approval have been met or secured through an agreement. Passing technical review and obtaining signatures on the final map and submitting securities for the Subdivision Improvement Agreement (SIA) are the outstanding items. The Developer has 30 days to complete these items.

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
Final Parcel Map 38668 is a 9.4-acre vacant site located on the northeast corner of Highway 111 and Dune Palms Road (Attachment 1). The Final Parcel Map creates three parcels with commercial uses, a Chick-Fil-A drive thru restaurant and Quick Quack car wash on the front two parcels. The third parcel is proposed to be developed as a multifamily residential development at a later time by a third party.

Tentative Parcel Map 38668 was approved by the Planning Commission at a duly noticed public hearing held on August 22, 2023 via Planning Commission Resolution No. 2023- 015. The Final Parcel Map (Attachment 2) is currently under technical review by the City Surveyor. The Applicant has signed the SIA (Attachment 3). The Applicant seeks conditional approval of the Final Parcel Map. Thereafter, the Applicant has 30 days to CONSENT CALENDAR ITEM NO. 12
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obtain all necessary signatures on the map and submit performance, and labor and materials securities. If the Developer fails to obtain all necessary signatures and submit the securities within 30 days, the map will be rescheduled for Council consideration only after all items are complete.

ALTERNATIVES
Council could deny conditional approval and require the Owner to complete all items; however, this would unnecessarily delay development, thus, not recommended.

Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer Attachments: 1. Vicinity Map

2. Parcel Map 38668

3. Subdivision Improvement Agreement

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RESOLUTION NO. 2023 - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL

APPROVAL OF FINAL TRACT MAP AND SUBDIVISION

IMPROVEMENT AGREEMENT ASSOCIATED WITH
PARCEL MAP NO. 38668 AND AUTHORIZING A TIME

EXTENSION FOR SATISFACTORY COMPLETION OF

THE CONDITIONAL REQUIREMENTS TO VALIDATE THE

APPROVAL
WHEREAS, Tentative Parcel Map No. 38668 was approved by the Planning Commission at a duly noticed public hearing held on August 22, 2023, via Planning Commission Resolution No. 2023-015, as permitted under the Subdivision Map Act, subject to conditions of approval; and
WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present a map for consideration of approval when the requisite items necessary for a final map approval are nearly, but not completely, finished; thus, yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and
WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and
WHEREAS, the City Council relies on City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by City staff within a reasonable period of time.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. The Final Parcel Map No. 38668 is conditionally approved provided the subdivider submits all required item(s) on or before October 19, 2023. 89 Click Here to Return to Agenda
Resolution No. 2023-XXX
Conditional Approval of Parcel Map No. 38668; Dune Palms Mixed-Used Project Adopted: September 19, 2023

SECTION 2. The City Council’s approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City.

SECTION 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirement and any other requirements not expressly described here to the City Engineer’s satisfaction:

A. Finalize the final tract map and obtain all necessary signatures.

B. Submit performance and labor and materials securities for Subdivision Improvement Agreement.

SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map.

SECTION 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on October 19, 2023. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved.

Disapproval does not deny any rights the subdivider may have under the Subdivision Map Act to resubmit the final map for approval, or disapproval.

PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
LINDA EVANS, Mayor
City of La Quinta, California
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Resolution No. 2023-XXX
Conditional Approval of Parcel Map No. 38668; Dune Palms Mixed-Used Project Adopted: September 19, 2023

ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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V I C I N I T Y M A P

NOT TO SCALE
PARCEL MAP No. 38668
ATTACHMENT 1
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ATTACHMENT 2
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CITY OF LA QUINTA

SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 38668

OFF- SITE AND ON-SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ____________________________________ day of ___________________________, 20 ___________, by and between DWCG1, LLC, a California limited liability company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:

A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 38668 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the “Subdivision Laws.” B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Planning Commission Resolution No. 2023-0001 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.

C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements").

D. The Improvements have not been installed and accepted at this time.

E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City.

NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer.

2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.

3. Improvement Security. Subdivider shall at all times guarantee Subdivider’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:

A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit ATTACHMENT 3
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fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map.

Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act.

As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured.

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements.
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7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company.

C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security.

D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.

E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements.

Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security.

F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement.

G. Security shall be released in the following manner:
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1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement.
2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%).

The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled.

As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10.

Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.

4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits.

5. Off-site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval.

6. Completion of Improvements; Inspection.

6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within one hundred eighty (180) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for 102 Click Here to Return to Agenda
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City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider’s obligations hereunder.

6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer’s authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification.

7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider’s control, the time limits for obligations affected by such events will be extended by the period of such events.

8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement.

As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements.

9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets.

10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted.

Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.

11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider.
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12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words As-Built, As-Constructed, or Record Drawing, the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City engineer.

13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City’s sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subdivider’s Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs.

14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released.

15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect.

16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of 104
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waters from the design or construction of public drainage systems, streets and other public improvements.
b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph.

18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control.

19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect.

20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider’s agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.

21. General Provisions.

A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery.

Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph.

B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto.

C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement.

D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California.
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E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party.

F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder.

G. Time is of the essence in the performance of each and every provision of this Agreement.

H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement.

I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.

All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.

CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
________________________________ ___________________
Jon McMillen, City Manager Date
ATTEST:
________________________________
Monika Radeva, City Clerk
DWCG1, LLC, a California limited liability company
By:___________________________________________ ________________________________ Date
Print Name and Title:

By: _______________________________________ _______________________________ Date
Print Name and Title: _______________________________________ Reviewed and Approved:
__________________________________ ____________________________ Bryan McKinney, City Engineer Date
Approved as to Form:
_____________________________________ ____________________________ William H. Ihrke, City Attorney Date
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Exhibit A
SECURITY – PARCEL MAP NO. 38668

OFF-SITE AND ON-SITE IMPROVEMENTS
Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City.

Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act.

As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.

Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer.

Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council.

Improvement Description Performance Labor & Materials
Street / Access Road $ 158,332 $ 158,332
Storm Drain $ 97,590 $ 97,590
Sidewalk $ 42,350 $ 42,350
Retention Basins $ 15,000 $ 15,000
Perimeter Landscaping $ 10,000 $ 10,000
Monumentation $ 5,000 $ 5,000
Totals $ 328,272 $ 328,272
Standard 10% Contingency $ 32,827 $ 32,827
No Plans Contingency 10% $ 32,827 $ 32,827
Professional Fees, Design 10% $ 32,827 $ 32,827
Professional Fees, Const 10% $ 32,827 $ 32,827
Bond Amount $ 459,580 $ 459,580
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO EXTEND THE RIVERSIDE COUNTY

ABANDONED VEHICLE ABATEMENT PROGRAM

RECOMMENDATION
Adopt a Resolution to extend the Riverside County Abandoned Vehicle Abatement Program.

EXECUTIVE SUMMARY
• In 1990, the State enacted legislation allowing for the creation of county-based vehicle service authorities pursuant to the provisions of Section 22710 of the California Vehicle Code.
• In June 1994, the Riverside County Abandoned Vehicle Abatement Service Authority (AVA) Program was formed and imposed a one-dollar annual vehicle registration fee on vehicles registered to an owner with an address in the County of Riverside.
• The City has participated in this Program since 1994. The current Resolution No. 2013-005 is set to expire on May 31, 2024.
• The State of California has requested that Riverside County AVA Program and participating cities adopt a new resolution by October 1, 2023, extending the Program through May 31, 2034.

FISCAL IMPACT
This program qualifies the City to continue to receive AVA disbursements based upon the City’s population and number of vehicles abated. Since the program’s inception in 1994, the City has received approximately $800,000 in disbursements to help fund the cost of abating vehicles. On average, the City receives about $30,000 in AVA funds per year.

BACKGROUND/ANALYSIS
In 1990, the California State Legislature enacted legislation allowing for the creation of county-based vehicle service authorities. In June 1994, the Riverside County Abandoned CONSENT CALENDAR ITEM NO. 13
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Vehicle Abatement Service Authority was formed and imposed a one-dollar annual vehicle registration fee on vehicles registered in Riverside County. Vehicle registration fees are collected by the Department of Motor Vehicles and allocated to the Riverside County Abandoned Vehicle Abatement Service Authority. Fees are then allocated to participating entities based upon their geographical area and population in relation to the total size and population of Riverside County and based on the percentage of vehicles abated by each entity in relation to the total vehicles abated by the Riverside County Abandoned Vehicle Abatement Service Authority as a whole. Since the inception of the program, the Riverside County Abandoned Vehicle Abatement Service Authority has received approximately $35,128,331, which has allowed the abatement of approximately 189,776 abandoned, wrecked, dismantled or inoperable vehicles.

ALTERNATIVES
Council may elect not to adopt the supporting resolution, which would disqualify the City from collecting future disbursements from the AVA program.

Prepared by: Martha Mendez, Public Safety Deputy Director Approved by: Jon McMillen, City Manager
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RESOLUTION NO. 2023 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, AUTHORIZING THE

EXTENSION OF THE SERVICE FEE COLLECTED ON

BEHALF OF THE RIVERSIDE COUNTY ABANDONED

VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL
MAY 2034
WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code §§ 9950.7 and 22710 enacted by the Legislature in 1990 which authorize the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county; and
WHEREAS, beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles; and WHEREAS, the service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof; and
WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority apportions and distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code §§ 22710; and WHEREAS, since the establishment of the Abandoned Vehicle Abatement program in June 1994, it has disbursed $35,128,331 in service fee proceeds to member agencies and caused the abetment of approximately 189,776 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County; and
WHEREAS, the service fee collected as part of the Abandoned Vehicle Abatement Service Authority program is set to expire in May 2024; and WHEREAS, the Legislature amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee; and
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Resolution No. 2023-xxx
Vehicle Abatement Program
Adopted: September 19, 2023

WHEREAS, it is desirable to the City of La Quinta to have the Abandoned Vehicle Abatement program continue beyond its current termination date of May 31, 2024.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of La Quinta, California approves the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 31, 2034.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: September 19, 2023

STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE FOURTH QUARTER FISCAL YEAR 2022/23 TREASURY REPORTS FOR APRIL, MAY, AND JUNE 2023

RECOMMENDATION
Receive and file the fourth quarter fiscal year 2022/23 Treasury Reports for April, May, and June 2023.

BACKGROUND/ANALYSIS
Commentary and Summary of Significant Activity
The total book value of the portfolio increased $29.3 million, from $217.3 million at the end of March to $246.6 million at the end of June. The increase reflects operational activity throughout the quarter. The portfolio is within policy limits for investment types and total allocation by type (see chart below) and is also within policy guidelines for investment ratings.

Investment Type April May June
Max
Allowed
Bank Accounts 7.44% 6.43% 2.94% 100%
Local Agency Investment Fund (LAIF) City 8.63% 13.91% 13.81% (1) Local Agency Investment Fund (LAIF) Housing 0.93% 0.84% 0.83% (1)(2) Money Market Pool Accounts-CAMP 19.41% 17.59% 19.97% N/A Federal Agency Coupons & Discount Notes 21.07% 19.41% 19.68% 100% Treasury Coupons & Discount Notes 23.01% 23.13% 23.37% 100% Certificates of Deposit (CD's) 15.89% 15.45% 15.74% 30% Corporate Notes 0.40% 0.36% 0.75% 30%
Money Market with Fiscal Agent 0.00% 0.00% 0.00% (2)
CERBT- OPEB Trust 0.83% 0.75% 0.75% (3)
PARS Pension Trust 2.39% 2.14% 2.16% (3)
Total 100% 100% 100%
(3) OPEB and pension trusts are fiduciary accounts and not subject to City Investment Policy (1) LAIF is subject to maximum dollar amount not a percentage of the portfolio (2) Funds held by fiscal agent and the LAIF Housing funds are governed by bond indentures and not subject to City Investment Policy Portfolio Allocations
CONSENT CALENDAR ITEM NO. 14
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The fiscal year annual effective rate of return was 2.09% as of June, which was a 28 basis point (bps) increase since March. Total earnings for the quarter of $1.65 million was $1.18 million above last year, when the annual effective rate was only 0.79%. City staff is continuing to evaluate liquidity needs and reinvesting money in short-term United States treasuries and the California Asset Management Program (CAMP) which are yielding more than the Local Agency Investment Fund (LAIF).

Throughout the quarter, one agency bond, six treasuries, and eight CDs matured; five agency bonds, ten treasuries, and twenty-two CDs were purchased. There were no sales or calls. Maturities and purchases are listed in detail in the attached reports.

Year-End Summary
For fiscal year 2022/23, the City had earnings of nearly $4.6 million, or a 2.09% rate of return, which was $3.1 million and 130 bps better than fiscal 2021/22. As the Federal Open Market Committee (the Fed) steadily raised the federal funds rate throughout the year, staff continually monitored the financial markets and made decisions that would increase yield while still maintaining safety of principal and adequate liquidity. As noted above, rates for the CAMP pool increased at a faster rate than the state-run LAIF and therefore more money was transferred to CAMP as the year progressed. Additionally, staff took advantage of the increasing short-term treasury rates by purchasing treasuries with 3-9 month maturities that were out-yielding both CAMP and LAIF; these were continually rolled-over as they matured, however funds remained highly liquid. We also put additional money into longer-term investments to lock in the rates for longer periods.

Although market rates may begin to fall in 2024 as some economists predict, the decisions made this fiscal year will continue to benefit the City over the next few years. By generating additional cash flow, the City can maintain its financial stability and continue to use funds on vital services for our citizens. It is important to note that the Effective Rate of Return is a look-back metric; to gauge the potential for earnings going forward, the Yield to Maturity (YTM) number is more forward-looking. As of June, the City’s YTM is

3.19%, inclusive of cash.

Total Earnings
Average Days
to Maturity
Effective Rate
of Return YTD
April $ 547,364 471 1.93%
May $ 502,920 448 2.00%
June $ 595,986 465 2.09%
Quarter 2 $ 1,646,269 461 2.01%
2018-19 2019-20 2020-21 2021-22 2022-23
Average Daily Balance $ 141,628,303 $ 152,994,488 $ 160,732,266 $ 191,565,121 $ 220,315,036 Total Earnings $ 2,894,323 $ 2,798,779 $ 1,533,546 $ 1,508,983 $ 4,595,739 Effective Rate of Return 2.04% 1.82% 0.95% 0.79% 2.09%
114 Click Here to Return to Agenda
Other Notes
Money market funds with the fiscal agent are bond proceeds subject to bond indentures, not the City’s investment policy. Successor Agency (SA) funds cannot be invested longterm; therefore SA funds are only invested in LAIF.

Looking Ahead
The Treasurer follows a “buy and hold” Investment Policy unless it is fiscally advantageous to actively trade outside of maturity dates. In the short term, the Treasurer will invest in CAMP, LAIF, and U.S. Treasuries as needed. Longer term investments may include Government Sponsored Enterprise (agencies) securities, U.S. Treasuries, Corporate Notes, and Negotiable Certificates of Deposits. All investments recognize both immediate and long-term cash flow needs, and there is sufficient liquidity in the portfolio to meet expenditure requirements for the next six months.

ALTERNATIVES – None
Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director/City Treasurer Attachment: 1. Treasurer’s Report for April 1, 2023 to June 30, 2023 115 Click Here to Return to Agenda
116 Click Here to Return to Agenda
117
ATTACHMENT 1
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Days to
Maturity

Par Value Book Value
Maturity
Date
Stated
Market Value Rate
April 30, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of La Quinta
YTM
CUSIP Investment # Term 365
Purchase
Date
Bank Accounts
SYS1293 1293 Bank of New York 09/01/2020 8,686,810.74 8,686,810.74 8,686,810.74 1 1 0.000 059731851 1228 Bank of the West 08/20/2019 6,794,667.50 6,794,667.50 6,794,667.50 1 1 0.000 SYS1059 1059 City Petty Cash 07/01/2016 3,300.00 3,300.00 3,300.00 1 1 0.000 SYS1318 1318 Dune Palms Mobile Estates 03/09/2021 771,119.35 771,119.35 771,119.35 1 1 0.000 SYS1062 1062 La Quinta Palms Realty 07/01/2016 182,950.98 182,950.98 182,950.98 1 1 0.000 Subtotal and Average 12,930,571.92 16,438,848.57 16,438,848.57 16,438,848.57 1 1 0.000 Local Agency Investment Fund-City
98-33-434 1055 Local Agency Inv Fund 19,065,011.99 18,645,096.66 19,065,011.99 2.870 1 1 2.870 Subtotal and Average 19,009,706.16 19,065,011.99 18,645,096.66 19,065,011.99 1 1 2.870 Local Agency Invstmnt Fund-Housing
25-33-005 1113 Local Agency Inv Fund 2,049,939.66 2,024,058.81 2,049,939.66 2.870 1 1 2.870 Subtotal and Average 2,043,992.69 2,049,939.66 2,024,058.81 2,049,939.66 1 1 2.870 Money Market Accounts - CAMP
SYS1153 1153 California Asset Management Pr 09/26/2018 42,865,279.01 42,865,279.01 42,865,279.01 4.970 1 1 4.970 Subtotal and Average 40,438,779.53 42,865,279.01 42,865,279.01 42,865,279.01 1 1 4.970 Federal Agency Coupon Securities
3133EKZK5 1223 Federal Farm Credit Bank 09/12/2019 500,000.00 495,050.00 499,400.00 1.600 1,432 105 1.632 08/14/2023 3133EJYL7 1158 Federal Farm Credit Bank 10/15/2018 250,000.00 247,895.00 247,275.00 2.800 1,786 127 3.041 09/05/2023 3133EK4X1 1234 Federal Farm Credit Bank 11/01/2019 1,000,000.00 982,820.00 996,900.00 1.600 1,461 184 1.680 11/01/2023 3130AFW94 1177 Federal Home Loan Bank 03/01/2019 500,000.00 490,495.00 498,550.00 2.500 1,810 288 2.563 02/13/2024 3133ELNE0 1246 Federal Farm Credit Bank 02/14/2020 1,000,000.00 973,270.00 999,000.00 1.430 1,461 289 1.456 02/14/2024 3135GAGK1 1482 Federal National Mtg Assn 04/12/2023 3,000,000.00 2,996,250.00 3,000,000.00 5.050 366 347 5.050 04/12/2024 3133ENYH7 1401 Federal Farm Credit Bank 06/10/2022 500,000.00 488,785.00 499,080.00 2.625 731 406 2.720 06/10/2024 3135G0V75 1206 Federal National Mtg Assn 07/15/2019 500,000.00 483,785.00 495,950.00 1.750 1,814 428 1.922 07/02/2024 3133EKWV4 1212 Federal Farm Credit Bank 08/02/2019 500,000.00 481,620.00 499,500.00 1.850 1,820 452 1.871 07/26/2024 3135GAGA3 1480 Federal National Mtg Assn 04/03/2023 2,000,000.00 1,997,480.00 2,000,000.00 5.200 484 456 5.206 07/30/2024 3133EKP75 1224 Federal Farm Credit Bank 09/17/2019 500,000.00 480,875.00 498,750.00 1.600 1,827 505 1.652 09/17/2024 3133ELEA8 1242 Federal Farm Credit Bank 12/17/2019 1,000,000.00 963,030.00 998,600.00 1.700 1,736 505 1.731 09/17/2024 3135G06E8 1291 Federal National Mtg Assn 11/18/2020 500,000.00 467,975.00 499,250.00 0.420 1,461 567 0.458 11/18/2024 3133ENGN4 1355 Federal Farm Credit Bank 12/09/2021 1,000,000.00 942,950.00 1,000,000.00 0.970 1,096 588 0.970 12/09/2024 3135GAAW1 1300 Federal National Mtg Assn 12/30/2020 500,000.00 466,265.00 500,000.00 0.400 1,461 609 0.400 12/30/2024 3130AP2U8 1353 Federal Home Loan Bank 12/07/2021 1,000,000.00 932,570.00 987,100.00 0.550 1,127 617 0.976 01/07/2025 Portfolio CITY
CP
Run Date: 07/24/2023 - 15:33 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
118 Click Here to Return to Agenda
Days to
Maturity

Par Value Book Value
Maturity
Date
Stated
Market Value Rate
April 30, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of La Quinta
YTM
CUSIP Investment # Term 365
Purchase
Date
Federal Agency Coupon Securities
3130AQWY5 1374 Federal Home Loan Bank 02/25/2022 1,000,000.00 948,830.00 1,000,000.00 1.700 1,095 665 1.700 02/24/2025 3135G03U5 1365 Federal National Mtg Assn 01/28/2022 500,000.00 466,145.00 487,790.00 0.625 1,180 722 1.400 04/22/2025 3134GVYG7 1279 Federal Home Loan Mtg Corp 05/27/2020 1,000,000.00 929,150.00 1,000,000.00 0.625 1,826 757 0.625 05/27/2025 3133ELH23 1280 Federal Farm Credit Bank 06/09/2020 500,000.00 463,835.00 499,850.00 0.500 1,826 770 0.506 06/09/2025 3133ELH80 1282 Federal Farm Credit Bank 06/10/2020 500,000.00 463,165.00 500,000.00 0.680 1,826 771 0.680 06/10/2025 3130AJKW8 1281 Federal Home Loan Bank 06/03/2020 500,000.00 463,945.00 499,850.00 0.500 1,836 774 0.506 06/13/2025 3130AJRP6 1283 Federal Home Loan Bank 06/30/2020 300,000.00 277,452.00 300,000.00 0.680 1,826 791 0.680 06/30/2025 3137EAEU9 1297 Federal Home Loan Mtg Corp 12/07/2020 1,000,000.00 921,340.00 997,300.00 0.375 1,687 812 0.434 07/21/2025 3137EAEU9 1361 Federal Home Loan Mtg Corp 01/05/2022 500,000.00 460,670.00 487,090.00 0.375 1,293 812 1.120 07/21/2025 3135G05S8 1288 Federal National Mtg Assn 08/14/2020 500,000.00 459,065.00 500,000.00 0.500 1,826 836 0.500 08/14/2025 3136G4M75 1290 Federal National Mtg Assn 08/28/2020 500,000.00 461,305.00 499,750.00 0.520 1,816 840 0.530 08/18/2025 3136G4N74 1289 Federal National Mtg Assn 08/21/2020 1,000,000.00 918,910.00 1,000,000.00 0.560 1,826 843 0.560 08/21/2025 3137EAEX3 1307 Federal Home Loan Mtg Corp 02/23/2021 500,000.00 457,925.00 495,999.50 0.375 1,673 876 0.552 09/23/2025 3137EAEX3 1310 Federal Home Loan Mtg Corp 03/30/2021 1,000,000.00 915,850.00 983,940.00 0.375 1,638 876 0.740 09/23/2025 3130ARGJ4 1385 Federal Home Loan Bank 04/14/2022 500,000.00 481,855.00 500,000.00 2.500 1,279 897 2.500 10/14/2025 3134GW5R3 1362 Federal Home Loan Mtg Corp 01/05/2022 400,000.00 366,560.00 391,360.00 0.650 1,391 910 1.232 10/27/2025 3135G06G3 1354 Federal National Mtg Assn 12/07/2021 1,000,000.00 917,720.00 976,300.00 0.500 1,431 921 1.120 11/07/2025 3135GA2Z3 1292 Federal National Mtg Assn 11/17/2020 500,000.00 456,545.00 499,250.00 0.560 1,826 931 0.590 11/17/2025 3130AKFA9 1298 Federal Home Loan Bank 12/07/2020 500,000.00 455,875.00 497,400.00 0.375 1,831 956 0.480 12/12/2025 3135GA7D7 1299 Federal National Mtg Assn 12/23/2020 500,000.00 454,885.00 500,000.00 0.600 1,826 967 0.600 12/23/2025 3134GXGZ1 1301 Federal Home Loan Mtg Corp 12/30/2020 500,000.00 457,500.00 500,000.00 0.550 1,826 974 0.550 12/30/2025 3130AKMZ6 1302 Federal Home Loan Bank 01/14/2021 500,000.00 452,625.00 500,000.00 0.510 1,826 989 0.510 01/14/2026 3130AKN28 1304 Federal Home Loan Bank 01/29/2021 500,000.00 452,630.00 500,000.00 0.550 1,826 1,004 0.550 01/29/2026 3130ALV92 1312 Federal Home Loan Bank 03/30/2021 500,000.00 461,460.00 500,000.00 1.050 1,826 1,064 0.938 03/30/2026 3130AMFS6 1324 Federal Home Loan Bank 06/17/2021 1,000,000.00 910,130.00 993,420.00 0.750 1,821 1,138 0.885 06/12/2026 3133EM2C5 1330 Federal Farm Credit Bank 08/10/2021 500,000.00 447,385.00 498,000.00 0.710 1,826 1,197 0.792 08/10/2026 3133EM4X7 1338 Federal Farm Credit Bank 09/28/2021 1,000,000.00 903,210.00 991,080.00 0.800 1,808 1,228 0.985 09/10/2026 3130APBM6 1337 Federal Home Loan Bank 09/30/2021 1,000,000.00 899,350.00 999,000.00 1.000 1,826 1,248 1.021 09/30/2026 3130APB46 1339 Federal Home Loan Bank 10/13/2021 1,000,000.00 897,040.00 998,250.00 0.950 1,826 1,261 0.986 10/13/2026 3134GW6C5 1359 Federal Home Loan Mtg Corp 01/05/2022 500,000.00 445,685.00 486,000.00 0.800 1,757 1,276 1.403 10/28/2026 3133ENCQ1 1344 Federal Farm Credit Bank 11/02/2021 1,000,000.00 902,840.00 1,000,000.00 1.270 1,826 1,281 1.270 11/02/2026 3130APTV7 1347 Federal Home Loan Bank 11/24/2021 500,000.00 459,210.00 499,500.00 0.700 1,826 1,303 1.489 11/24/2026 3130AQF65 1358 Federal Home Loan Bank 12/22/2021 1,000,000.00 914,920.00 999,750.00 1.250 1,825 1,330 1.255 12/21/2026 3134GWUQ7 1366 Federal Home Loan Mtg Corp 02/10/2022 1,000,000.00 881,810.00 945,570.00 0.700 1,784 1,339 1.870 12/30/2026 3130AQJR5 1364 Federal Home Loan Bank 01/27/2022 1,000,000.00 909,900.00 1,000,000.00 1.500 1,826 1,367 1.500 01/27/2027 3130AQSA2 1367 Federal Home Loan Bank 02/10/2022 1,000,000.00 919,290.00 1,000,000.00 1.830 1,826 1,381 1.830 02/10/2027 Portfolio CITY
CP
Run Date: 07/24/2023 - 15:33 PM (PRF_PM2) 7.3.0
119 Click Here to Return to Agenda
Days to
Maturity

Par Value Book Value
Maturity
Date
Stated
Market Value Rate
April 30, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of La Quinta
YTM
CUSIP Investment # Term 365
Purchase
Date
Federal Agency Coupon Securities
3130ARGY1 1387 Federal Home Loan Bank 04/19/2022 1,000,000.00 948,580.00 1,000,000.00 2.700 1,826 1,449 2.700 04/19/2027 3130ASDV8 1409 Federal Home Loan Bank 06/28/2022 300,000.00 288,681.00 300,000.00 3.300 1,826 1,519 3.300 06/28/2027 3133ENL99 1426 Federal Farm Credit Bank 09/15/2022 1,000,000.00 982,610.00 997,492.55 3.375 1,826 1,598 3.430 09/15/2027 3133ENQ29 1433 Federal Farm Credit Bank 09/30/2022 1,000,000.00 1,007,250.00 996,400.00 4.000 1,825 1,612 4.080 09/29/2027 3133EN3H1 1441 Federal Farm Credit Bank 11/29/2022 1,000,000.00 1,007,980.00 998,650.00 4.000 1,826 1,673 4.030 11/29/2027 3133EN3S7 1446 Federal Farm Credit Bank 12/07/2022 1,000,000.00 997,550.00 998,000.00 3.750 1,826 1,681 3.794 12/07/2027 3133EPAV7 1464 Federal Farm Credit Bank 02/15/2023 1,000,000.00 1,008,390.00 995,400.00 3.875 1,825 1,750 3.977 02/14/2028 3134GYPJ5 1484 Federal Home Loan Mtg Corp 04/24/2023 1,000,000.00 997,380.00 999,100.00 5.200 1,820 1,813 5.220 04/17/2028 Subtotal and Average 44,980,638.89 46,750,000.00 44,185,548.00 46,530,847.05 1,545 939 2.003 Treasury Coupon Securities
91282CCD1 1350 U.S. Treasury 12/07/2021 1,000,000.00 996,340.00 995,468.75 0.125 540 30 0.432 05/31/2023 912828R69 1443 U.S. Treasury 12/02/2022 4,000,000.00 3,990,200.00 3,944,075.80 1.625 180 30 4.515 05/31/2023 91282CCK5 1452 U.S. Treasury 01/04/2023 2,000,000.00 1,984,200.00 1,956,875.00 0.125 177 60 4.635 06/30/2023 91282CCN9 1341 U.S. Treasury 10/22/2021 500,000.00 493,830.00 497,792.97 0.125 647 91 0.375 07/31/2023 9128284X5 1462 U.S. Treasury 02/07/2023 1,000,000.00 992,540.00 988,900.00 2.750 205 122 4.787 08/31/2023 912828T26 1217 U.S. Treasury 08/21/2019 500,000.00 492,715.00 499,300.00 1.375 1,501 152 1.410 09/30/2023 91282CBA8 1351 U.S. Treasury 12/07/2021 1,000,000.00 971,130.00 990,000.00 0.125 738 228 0.623 12/15/2023 91282CBE0 1342 U.S. Treasury 10/22/2021 1,000,000.00 966,910.00 991,000.00 0.125 815 259 0.531 01/15/2024 91282CBR1 1352 U.S. Treasury 12/07/2021 1,000,000.00 961,020.00 989,800.00 0.250 829 319 0.704 03/15/2024 91282CBV2 1360 U.S. Treasury 01/05/2022 500,000.00 479,280.00 494,882.81 0.375 831 350 0.830 04/15/2024 912828XT2 1418 U.S. Treasury 05/04/2022 1,000,000.00 970,470.00 985,240.00 2.000 758 396 2.736 05/31/2024 9128282U3 1400 U.S. Treasury 06/09/2022 500,000.00 482,930.00 490,850.00 1.875 814 488 2.727 08/31/2024 91282CDB4 1343 U.S. Treasury 10/22/2021 1,000,000.00 946,600.00 996,320.00 0.625 1,089 533 0.750 10/15/2024 9128283D0 1390 U.S. Treasury 05/03/2022 1,000,000.00 968,790.00 985,190.00 2.250 912 549 2.870 10/31/2024 912828YV6 1241 U.S. Treasury 12/16/2019 1,000,000.00 956,880.00 989,687.50 1.500 1,811 579 1.718 11/30/2024 91282CAT8 1311 U.S. Treasury 03/30/2021 1,000,000.00 913,830.00 977,500.00 0.250 1,676 914 0.750 10/31/2025 91282CAZ4 1315 U.S. Treasury 04/22/2021 500,000.00 457,365.00 492,187.50 0.375 1,683 944 0.720 11/30/2025 91282CBC4 1303 U.S. Treasury 01/07/2021 500,000.00 457,090.00 498,632.81 0.375 1,819 975 0.431 12/31/2025 91282CBH3 1309 U.S. Treasury 02/23/2021 500,000.00 455,295.00 495,100.00 0.375 1,803 1,006 0.577 01/31/2026 91282CBQ3 1319 U.S. Treasury 05/28/2021 500,000.00 455,920.00 494,165.00 0.500 1,737 1,034 0.750 02/28/2026 91282CBQ3 1382 U.S. Treasury 03/23/2022 750,000.00 683,880.00 698,025.00 0.500 1,438 1,034 2.353 02/28/2026 91282CBT7 1320 U.S. Treasury 05/28/2021 500,000.00 458,985.00 499,525.00 0.750 1,768 1,065 0.770 03/31/2026 91282CBT7 1322 U.S. Treasury 06/17/2021 500,000.00 458,985.00 498,450.00 0.750 1,748 1,065 0.816 03/31/2026 9128286S4 1383 U.S. Treasury 03/23/2022 1,000,000.00 960,660.00 999,010.00 2.375 1,499 1,095 2.400 04/30/2026 91282CCF6 1321 U.S. Treasury 06/01/2021 1,000,000.00 912,810.00 997,060.00 0.750 1,825 1,126 0.810 05/31/2026 Portfolio CITY
CP
Run Date: 07/24/2023 - 15:33 PM (PRF_PM2) 7.3.0
120 Click Here to Return to Agenda
Days to
Maturity

Par Value Book Value
Maturity
Date
Stated
Market Value Rate
April 30, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of La Quinta
YTM
CUSIP Investment # Term 365
Purchase
Date
Treasury Coupon Securities
91282CCF6 1323 U.S. Treasury 06/17/2021 500,000.00 456,405.00 497,095.00 0.750 1,809 1,126 0.870 05/31/2026 91282CCP4 1335 U.S. Treasury 09/29/2021 1,000,000.00 905,660.00 983,750.00 0.625 1,766 1,187 0.970 07/31/2026 91282CCW9 1336 U.S. Treasury 09/29/2021 1,000,000.00 907,420.00 988,500.00 0.750 1,797 1,218 0.990 08/31/2026 91282CCW9 1380 U.S. Treasury 03/22/2022 500,000.00 453,710.00 466,454.17 0.750 1,623 1,218 2.350 08/31/2026 91282CDG3 1381 U.S. Treasury 03/22/2022 500,000.00 458,010.00 473,396.82 1.125 1,684 1,279 2.350 10/31/2026 912828Z78 1369 U.S. Treasury 02/10/2022 1,000,000.00 924,490.00 986,700.00 1.500 1,816 1,371 1.781 01/31/2027 91282CEF4 1391 U.S. Treasury 05/03/2022 1,000,000.00 958,130.00 976,860.00 2.500 1,793 1,430 3.010 03/31/2027 91282CEN7 1398 U.S. Treasury 06/08/2022 500,000.00 483,280.00 495,000.00 2.750 1,787 1,460 2.971 04/30/2027 912828X88 1397 U.S. Treasury 06/07/2022 1,000,000.00 953,200.00 969,687.50 2.375 1,803 1,475 3.041 05/15/2027 91282CET4 1399 U.S. Treasury 06/08/2022 500,000.00 480,820.00 491,842.18 2.625 1,818 1,491 2.980 05/31/2027 91282CEW7 1465 U.S. Treasury 02/15/2023 1,000,000.00 985,160.00 967,220.00 3.250 1,596 1,521 4.075 06/30/2027 91282CFB2 1417 U.S. Treasury 08/15/2022 1,000,000.00 965,740.00 989,460.00 2.750 1,811 1,552 2.980 07/31/2027 91282CFB2 1422 U.S. Treasury 08/29/2022 1,000,000.00 965,740.00 979,645.67 2.750 1,797 1,552 3.200 07/31/2027 9128282R0 1439 U.S. Treasury 11/18/2022 1,000,000.00 946,410.00 927,110.00 2.250 1,731 1,567 3.950 08/15/2027 91282CFH9 1456 U.S. Treasury 01/24/2023 500,000.00 490,350.00 489,175.00 3.125 1,680 1,583 3.640 08/31/2027 91282CGH8 1460 U.S. Treasury 02/02/2023 1,000,000.00 997,030.00 996,369.14 3.500 1,824 1,736 3.580 01/31/2028 Subtotal and Average 36,123,303.62 36,750,000.00 35,200,210.00 36,123,303.62 1,222 798 2.389 Treasury Discount Notes
912796ZR3 1453 U.S. Treasury 01/04/2023 3,000,000.00 2,975,940.00 2,932,950.00 4.572 176 59 4.807 06/29/2023 912797FR3 1468 U.S. Treasury 03/07/2023 3,000,000.00 2,973,660.00 2,951,790.00 4.821 120 65 5.037 07/05/2023 912796Y37 1463 U.S. Treasury 02/07/2023 2,000,000.00 1,973,720.00 1,954,412.92 4.636 177 94 4.877 08/03/2023 912797GF8 1481 U.S. Treasury 04/11/2023 2,000,000.00 1,972,560.00 1,968,951.36 4.696 119 99 4.904 08/08/2023 912796Z51 1471 U.S. Treasury 03/09/2023 3,000,000.00 2,950,290.00 2,927,220.00 4.991 175 122 5.258 08/31/2023 912796YH6 1470 U.S. Treasury 03/09/2023 2,000,000.00 1,965,300.00 1,950,283.66 4.917 182 129 5.184 09/07/2023 Subtotal and Average 19,967,505.12 15,000,000.00 14,811,470.00 14,685,607.94 158 92 5.015 Certificate of Deposits
32117BCX4 1179 First National Bank 03/05/2019 248,000.00 247,889.24 248,000.00 2.800 1,522 4 2.802 05/05/2023 725404AB3 1194 Pittsfield Cooperative Bank 06/07/2019 245,000.00 244,285.32 245,000.00 2.500 1,461 37 2.502 06/07/2023 619165JD6 1173 Morton Community 03/20/2019 248,000.00 247,149.99 248,000.00 2.750 1,553 50 2.753 06/20/2023 74934YAH4 1144 RCB Bank 06/20/2018 245,000.00 244,303.67 245,000.00 3.150 1,826 50 3.152 06/20/2023 02616AAH2 1285 American First CU 06/26/2020 248,000.00 246,085.43 248,000.00 0.350 1,095 56 0.350 06/26/2023 02772JBD1 1205 American National Bank 07/19/2019 248,000.00 246,211.83 248,000.00 2.000 1,461 79 2.001 07/19/2023 32110YLK9 1147 First National Bank of America 07/20/2018 245,000.00 243,856.32 245,000.00 3.150 1,826 80 3.152 07/20/2023 06426KAN8 1151 Bank of New England 07/31/2018 249,000.00 247,659.79 249,000.00 3.250 1,826 91 3.252 07/31/2023 Portfolio CITY
CP
Run Date: 07/24/2023 - 15:33 PM (PRF_PM2) 7.3.0
121 Click Here to Return to Agenda
Days to
Maturity

Par Value Book Value
Maturity
Date
Stated
Market Value Rate
April 30, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of La Quinta
YTM
CUSIP Investment # Term 365
Purchase
Date
Certificate of Deposits
75472RAD3 1218 Raymond James Bank 08/23/2019 244,000.00 241,389.59 244,000.00 1.950 1,461 114 1.951 08/23/2023 89579NCD3 1262 Triad Bank 03/30/2020 248,000.00 243,782.87 248,000.00 1.350 1,278 151 1.352 09/29/2023 57116ARV2 1155 Cache Valley BK F/K/A Marlin 10/17/2018 248,000.00 245,582.98 248,000.00 3.300 1,826 169 3.302 10/17/2023 625925AR3 1160 Municipal Trust and Savings 10/17/2018 245,000.00 242,496.93 245,000.00 3.200 1,826 169 3.202 10/17/2023 90348JEJ5 1161 UBS Bank USA 10/17/2018 245,000.00 242,669.87 245,000.00 3.350 1,826 169 3.352 10/17/2023 474067AQ8 1154 Jefferson Financial CU 10/19/2018 245,000.00 242,663.31 245,000.00 3.350 1,826 171 3.352 10/19/2023 20143PDV9 1162 Commercial Bank 11/15/2018 248,000.00 245,304.21 248,000.00 3.400 1,826 198 3.402 11/15/2023 67054NAN3 1164 Numerica Credit Union 11/28/2018 248,000.00 245,360.88 248,000.00 3.550 1,826 211 3.552 11/28/2023 48115LAD6 1396 Jovia Financial Credit Union 06/07/2022 248,000.00 243,668.03 248,000.00 2.500 548 220 2.502 12/07/2023 635573AL2 1170 National Cooperative Bank, N.A 12/21/2018 245,000.00 241,884.29 245,000.00 3.400 1,826 234 3.402 12/21/2023 066851WJ1 1172 Bar Harbor Bank and Trust 12/31/2018 248,000.00 244,675.97 248,000.00 3.350 1,824 242 3.352 12/29/2023 89269FDP7 1415 Tradition Capital 07/20/2022 246,000.00 241,757.34 246,000.00 3.000 551 266 3.008 01/22/2024 51210SQU4 1208 Lakeside Bank 07/30/2019 248,000.00 241,751.14 248,000.00 2.000 1,644 273 2.003 01/29/2024 77579ADF0 1251 Rollstone B&T 02/12/2020 245,000.00 237,900.53 245,000.00 1.650 1,461 287 1.651 02/12/2024 66736ABP3 1181 Northwest Bank 02/13/2019 248,000.00 243,281.49 248,000.00 2.950 1,826 288 2.951 02/13/2024 949763XY7 1174 Wells Fargo 02/27/2019 248,000.00 243,162.92 248,000.00 3.000 1,826 302 3.001 02/27/2024 50625LAW3 1384 Lafayette FCU 03/30/2022 248,000.00 240,556.23 248,000.00 2.050 729 332 2.053 03/28/2024 882213AB7 1260 Texas Bank Financial 03/31/2020 245,000.00 235,626.51 245,000.00 1.100 1,458 332 1.101 03/28/2024 472382AQ3 1272 The Jefferson Bank 04/15/2020 248,000.00 238,275.01 248,000.00 1.250 1,461 350 1.251 04/15/2024 08016PDQ9 1270 Belmont Bank and Trust 04/16/2020 248,000.00 238,248.20 248,000.00 1.250 1,461 351 1.251 04/16/2024 69506YRH4 1269 Pacific Western Bank 04/16/2020 245,000.00 235,580.78 245,000.00 1.300 1,461 351 1.301 04/16/2024 56065GAG3 1188 Main Street Bank 04/26/2019 248,000.00 241,268.37 248,000.00 2.600 1,827 361 2.603 04/26/2024 33640VDD7 1231 First Service Bank 11/15/2019 248,000.00 238,618.30 248,000.00 1.700 1,643 380 1.701 05/15/2024 48128HXU7 1185 JP Morgan Chase 05/16/2019 245,000.00 239,655.24 245,000.00 3.250 1,827 381 3.254 05/16/2024 46256YAZ2 1186 Iowa State Bank 05/23/2019 245,000.00 237,417.97 245,000.00 2.400 1,827 388 2.403 05/23/2024 538036GV0 1238 Live Oak Bank 11/27/2019 248,000.00 238,791.77 248,000.00 1.800 1,644 393 1.802 05/28/2024 156634AK3 1184 Century Next Bank 05/29/2019 248,000.00 240,846.55 248,000.00 2.500 1,827 394 2.503 05/29/2024 72651LCL6 1195 Plains Commerce Bank 06/07/2019 245,000.00 237,744.03 245,000.00 2.550 1,827 403 2.553 06/07/2024 299547AQ2 1196 Liberty FCU F/K/A Evansville T 06/12/2019 248,000.00 240,645.88 248,000.00 2.600 1,827 408 2.603 06/12/2024 524661CB9 1197 Legacy Bank 06/19/2019 248,000.00 239,967.19 248,000.00 2.400 1,827 415 2.403 06/19/2024 176688CP2 1199 Citizens State Bank 06/21/2019 248,000.00 239,930.04 248,000.00 2.400 1,827 417 2.403 06/21/2024 20416TAQ5 1202 Communitywide FCU 06/28/2019 248,000.00 239,610.91 248,000.00 2.250 1,827 424 2.253 06/28/2024 761402BY1 1203 Revere Bank 06/28/2019 247,000.00 238,846.12 247,000.00 2.300 1,827 424 2.303 06/28/2024 00257TBD7 1207 Abacus Federal Savings 07/26/2019 248,000.00 238,170.23 248,000.00 1.950 1,827 452 1.952 07/26/2024 33625CCP2 1209 First Security Bank of WA 07/30/2019 248,000.00 238,744.78 248,000.00 2.000 1,827 456 2.002 07/30/2024 710571DS6 1210 People's Bank 07/31/2019 248,000.00 238,725.30 248,000.00 2.000 1,827 457 2.002 07/31/2024 Portfolio CITY
CP
Run Date: 07/24/2023 - 15:33 PM (PRF_PM2) 7.3.0
122 Click Here to Return to Agenda
Days to
Maturity

Par Value Book Value
Maturity
Date
Stated
Market Value Rate
April 30, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of La Quinta
YTM
CUSIP Investment # Term 365
Purchase
Date
Certificate of Deposits
740367HP5 1213 Preferred Bank 08/16/2019 249,000.00 239,109.71 249,000.00 2.000 1,827 473 2.002 08/16/2024 33766LAJ7 1216 FirsTier Bank 08/23/2019 249,000.00 238,808.40 249,000.00 1.950 1,827 480 1.952 08/23/2024 938828BH2 1215 Washington Federal 08/23/2019 248,000.00 238,009.78 248,000.00 2.000 1,827 480 2.002 08/23/2024 336460CX6 1222 First State Bk DeQueen 08/30/2019 248,000.00 237,757.01 248,000.00 1.800 1,827 487 1.802 08/30/2024 334342CD2 1221 First Natl Bk of Syracuse 08/30/2019 249,000.00 238,879.26 249,000.00 1.850 1,827 487 1.852 08/30/2024 15118RRH2 1220 Celtic Bank 08/30/2019 248,000.00 237,919.90 248,000.00 1.850 1,827 487 1.852 08/30/2024 05580AD50 1333 BMW Bank 09/10/2021 245,000.00 230,741.87 245,000.00 0.650 1,096 498 0.651 09/10/2024 06652CHB0 1227 BankWest Inc 09/27/2019 248,000.00 236,567.04 248,000.00 1.700 1,827 515 1.702 09/27/2024 84223QAN7 1286 Southern Bancorp Bk 06/26/2020 248,000.00 231,928.16 248,000.00 0.500 1,582 543 0.500 10/25/2024 804375DL4 1235 Sauk Valley B&T Co 11/07/2019 248,000.00 236,305.28 248,000.00 1.700 1,827 556 1.702 11/07/2024 61690UNX4 1237 Morgan Stanley Bank 11/20/2019 245,000.00 234,219.11 245,000.00 1.950 1,827 569 1.952 11/20/2024 61760A3B3 1236 Morgan Stanley Private Bk, NA 11/20/2019 245,000.00 234,034.07 245,000.00 1.900 1,827 569 1.902 11/20/2024 064520BG3 1287 Bank Princeton 06/30/2020 248,000.00 231,384.44 248,000.00 0.500 1,644 609 0.500 12/30/2024 80865MAB3 1454 Scient FCU 01/13/2023 248,000.00 247,833.72 248,000.00 4.650 731 623 4.656 01/13/2025 89388CEY0 1328 Transportation Alliance Bk TAB 07/23/2021 248,000.00 229,995.76 248,000.00 0.400 1,280 633 0.401 01/23/2025 06417NZQ9 1329 Bank OZK 07/29/2021 248,000.00 230,521.66 248,000.00 0.400 1,280 639 0.401 01/29/2025 90983WBT7 1249 United Community 02/07/2020 248,000.00 235,307.87 248,000.00 1.650 1,827 648 1.652 02/07/2025 32114VBT3 1250 First National Bank Michigan 02/14/2020 248,000.00 235,176.96 248,000.00 1.650 1,827 655 1.652 02/14/2025 35637RDC8 1248 Freedom Financial 02/14/2020 248,000.00 234,743.04 248,000.00 1.550 1,827 655 1.552 02/14/2025 029728BC5 1255 American State 02/21/2020 248,000.00 234,827.25 248,000.00 1.600 1,827 662 1.602 02/21/2025 17286TAG0 1252 Citadel FCU 02/27/2020 248,000.00 234,934.82 248,000.00 1.650 1,827 668 1.652 02/27/2025 00435JBH5 1256 Access Bank 03/13/2020 248,000.00 234,815.92 248,000.00 1.600 1,826 682 1.601 03/13/2025 49306SJ56 1475 Kay Bank, N.A. 03/15/2023 244,000.00 246,095.79 244,000.00 5.000 733 686 5.008 03/17/2025 909557KQ2 1477 United Bankers Bank 03/16/2023 248,000.00 250,173.12 248,000.00 5.000 732 686 4.823 03/17/2025 849430BF9 1257 Spring Bank 03/20/2020 248,000.00 234,231.34 248,000.00 1.500 1,826 689 1.501 03/20/2025 05465DAE8 1258 Axos Bank 03/26/2020 248,000.00 234,806.70 248,000.00 1.650 1,826 695 1.651 03/26/2025 020080BX4 1267 Alma Bank 03/30/2020 248,000.00 233,998.51 248,000.00 1.400 1,824 697 1.399 03/28/2025 2027506M2 1268 Commonwealth Business Bk 03/31/2020 248,000.00 233,623.25 248,000.00 1.250 1,826 700 1.251 03/31/2025 654062JZ2 1266 Nicolet Natl Bank 03/31/2020 248,000.00 234,318.44 248,000.00 1.400 1,826 700 1.401 03/31/2025 14042TDD6 1271 Capital One USA FDIC33954 04/08/2020 245,000.00 231,993.04 245,000.00 1.600 1,826 708 1.601 04/08/2025 02007GPX5 1388 Ally Bank Midvale 04/21/2022 245,000.00 236,200.61 245,000.00 2.550 1,096 721 2.550 04/21/2025 52168UHY1 1389 Leader Bank 04/22/2022 245,000.00 236,189.46 245,000.00 2.550 1,096 722 2.552 04/22/2025 32112UDR9 1274 First Natl Bk McGregor 04/28/2020 248,000.00 233,556.74 248,000.00 1.350 1,826 728 1.351 04/28/2025 32027BAL1 1273 First Freedom Bank 04/29/2020 249,000.00 233,913.04 249,000.00 1.200 1,826 729 1.201 04/29/2025 33847E3A3 1276 Flagstar 04/30/2020 248,000.00 233,322.02 248,000.00 1.250 1,826 730 1.251 04/30/2025 32056GDJ6 1278 1st Internet Bank 05/11/2020 248,000.00 231,577.14 248,000.00 1.000 1,827 742 0.985 05/12/2025 Portfolio CITY
CP
Run Date: 07/24/2023 - 15:33 PM (PRF_PM2) 7.3.0
123 Click Here to Return to Agenda
Days to
Maturity